1.
Easy Web Marketing Acceptable Uses Policy and Service Guidelines
2.
Domain Registration Agreement
3.
Uniform Domain Name Dispute Resolution Policy
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we", us"
and "our" refer to Tucows.com Inc. and "Services" refers to
the domain name registration provided by us as offered through Easy Web Marketing,
the Registration Service Provider ("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for various Services.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge
and belief, neither the registration of the SLD name nor the manner in which it
is directly or indirectly used infringes the legal rights of a third party and
that the Domain Name is not being registered for any unlawful purpose.
3.
FEES. As consideration for the services you have selected, you agree to pay to
us, or your respective RSP who remits payment to us on your behalf, the applicable
service(s) fees. All fees payable hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). You, by completing and submitting this Agreement represent
that the statements in your application are true.
4. TERM. You agree that
the Registration Agreement will remain in full force during the length of the
term of your Domain Name Registration. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain in full force
during the length of the term of your Domain Name Registration as selected, recorded,
and paid for upon registration of the Domain Name. Should you choose to renew
or otherwise lengthen the term of your Domain Name Registration, then the term
of this Registration Agreement will be extended accordingly. Should you transfer
your domain name or should the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall cease and shall be
replaced by the contractual terms in force for the purpose of registering domain
names then in force between SLD holders and the new Registrar.
5. MODIFICATIONS
TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to the service(s)
on our web site, or on notification to you by e-mail or regular mail as per the
Notices section of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any such revisions. If you do not agree
with any revision to the Agreement, you may terminate this Agreement at any time
by providing us with notice by e-mail or regular mail as per the Notices section
of this agreement. Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s), you shall abide
by any such revisions or changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended from time to
time. You agree that, by maintaining the reservation or registration of your domain
name after modifications to the Dispute Policy become effective, you have agreed
to these modifications. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information
with us, you must use your Account Identifier and Password that you selected when
you opened your account with us. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE
POLICY. If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound by the Dispute
Policy which is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN
NAME DISPUTES. You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the provisions specified
in the Dispute Policy in effect at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions contained in the Dispute
Policy. For any dispute, you agree to submit to the jurisdiction of the courts
of The Province of Ontario.
9. ICANN POLICY. You agree that your registration
of the SLD name shall be subject to suspension, cancellation, or transfer pursuant
to any ICANN-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar
or the Registry in registering the name or (2) for the resolution of disputes
concerning the SLD name.
10. AGENCY. Should you intend to license use of
a domain name to a third party you shall nonetheless be the SLD holder of record
and are therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in connection
with the SLD. You shall accept liability for harm caused by wrongful use of the
SLD, unless you promptly disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm. You also represent that you have provided
notice of the terms and conditions in this Agreement to the third party and that
the third party agrees to the terms of Disclosure and Use of Registration Information
(sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP
reserve the right to distribute information to you that is pertinent to the quality
or operation of our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to enhance
your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is solely limited
to the amount you paid for such Service(s). We and our contractors shall not be
liable for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for the cost
of procurement of substitute services. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption of
your Service. You agree that we will not be liable for any loss of registration
and use of your domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such damages.
In no event shall our maximum liability exceed five hundred ($500.00) dollars.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims
and expenses, including without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, including attorney's fees, of
third parties relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation infringement
by you, or someone else using the Service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened with suit by
a third party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered by
us to be a breach of your Agreement and may result in deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact
at the time the controlling user name and password are secured shall be the owner
of the domain name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the Transferee
to agree, in writing to be bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will be null
and void.
15. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy provided by
us, may be considered by us to be a material breach and that we may provide a
written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16. NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name, such
registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17. DISCLAIMER
OF WARRANTIES. You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that defects in the Service
will be corrected. You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
18. INFORMATION.
As part of the registration process, you are required to provide us certain information
and to update us promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the following information:
i)
Your name and postal address (or, if different, that of the domain name holder);
ii) The domain name being registered
iii) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the administrative
contact for the domain name.
iv) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the billing contact for
the domain name.
Any other information which we request from you at registration
is voluntary. Any voluntary information we request is collected such that we can
continue to improve the products and services offered to you through your RSP.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that
we will make domain name registration information you provide available to ICANN,
to the registry administrators, and to other third parties as ICANN and applicable
laws may require or permit. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or permitted
by ICANN and the applicable laws.
You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with the registration of
a domain name (including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such disclosure
or use of your domain name registration information by us.
You may access
your domain name registration information in our possession to review, modify
or update such information, by accessing our domain manager service, or similar
service, made available by us through your RSP.
We will not process data
about any identified or identifiable natural person that we obtain from you in
a way incompatible with the purposes and other limitations which we describe in
this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration
or destruction of that information.
20. REVOCATION. Your wilful provision
of inaccurate or unreliable information, your wilful failure promptly to update
information provided to us, or your failure to respond for over fifteen calendar
days to inquiries by us concerning the accuracy of contact details associated
with the your registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the SLD registration.
21. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services within thirty (30)
calendar days from receipt of your payment for such services. In the event we
do not register or reserve your domain name or register you for other Services,
or we delete your domain name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree that we shall
not be liable to you for loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other Services.
22.
SEVERABILITY. You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
23. NON-AGENCY. Nothing contained
in this Agreement or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
24.
NON-WAIVER. Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
25. NOTICES. Any notice, direction
or other communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail, valid notice
shall only have been deemed to have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail notification
to us or to the RSP to lhutz@Tucows.com
or support@easy-webmarketing.com or, in the case of notice to you, at the e-mail
address provided by you in your WHOIS record. Any e-mail communication shall be
deemed to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered on the next business day. In
the case of regular mail notice, valid notice shall be deemed to have been validly
and effectively given 5 business days after the date of mailing and, in the case
of notification to us or to the RSP shall be sent to:
| Tucows.com Inc. |
| Registrant
Affairs Office |
| 96 Mowat Avenue |
| Toronto, Ontario |
| M6K
3M1 |
| |
| -
OR - |
| |
| Easy
Web Marketing |
| Suite B |
| 7625 Trails End Dr SE |
| Olympia
, WA 98501 |
|
and
in the case of notification to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement,
the rules and policies published by us and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
27. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE
WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal
age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING
ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.