AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name registration,
"we", “us" and "our" refer to TUCOWS Inc. and “Services” refers
to the domain name registration provided by us as offered through
(“Indiafin”). This Agreement explains our obligations to you,
and explains your obligations to us for the Services.
SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party and,
further, that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever.
FEES. As consideration for the Services, you agree to
pay the Indiafin 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").
By submitting this Agreement, you represent that the Account Information
and all other statements put forth in your application are true,
complete and accurate. Both Tucows and the Registry reserve the
right to terminate your domain name registration if: (i) information
provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have
failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable. You acknowledge that
a violation of this Section 3 will constitute a material breach
of this agreement which will entitle either us or the Registry
to terminate this agreement immediately without any refund and
without notice to you.
TERM. This Agreement shall remain in full force during
the length of the term of your domain name registration(s) 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 shall be extended accordingly. Should the domain name
be transferred to another Registrar, the terms and conditions
of this contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that either we
or the Registry may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change will which
shall be effective immediately upon posting on our web site or
upon notification to you by e-mail or your country’s postal service
pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to
maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing
by us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in service(s),
you shall be bound by any such revisions and changes. You further
agree to be bound by the Registry dispute policy (“Dispute Policy”)
as presently written and posted on http://www.nic.cc/policies/dispute.html
and as shall be amended from time to time. 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.
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. You agree to safeguard your Account Identifier
and Password from any unauthorized use. In no event shall we be
liable for the unauthorized use or misuse of your Account Identifier
or Password.
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
that 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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
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. 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. You acknowledge that neither we nor the Registry screen
or otherwise review your domain name application to verify that
you have the legal right to use a particular word or term. You
are strongly encouraged to perform a trademark search with respect
to the words and/or phrases comprising your domain name prior
to applying for registration of the domain. You agree that you
will be solely liable in the event that your use of a domain constitutes
an infringement or other violation of a third party’s rights.
POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to a Tucows, Registry, regulatory or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with a Tucows, Registry, regulatory or government-adopted
policy, (1) to correct mistakes by us or the Registry in registering
the name, or (2) for the resolution of disputes concerning the
domain name. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound
by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at http://www.nic.cc.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision
or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the domain name
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 domain name. You shall accept liability for harm caused by
wrongful use of the domain name. You represent that you have provided
notice of the terms and conditions in this Agreement to any third
party licensee and that the third party agrees to the terms hereof.
ANNOUNCEMENTS. We 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.
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). Neither we
nor our contractors or third party beneficiaries, including but
not limited to Verisign, Inc. and eNic Corporation, shall 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 jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such
jurisdictions, 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.
INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees, officers, directors, affiliates
and third party beneficiaries, including but not limited to Verisign,
Inc. and eNic Corporation, harmless from all liabilities, claims
and expenses, 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 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
shall be a breach of your Agreement and may result in deactivation
of your domain name.
SCOPE OF REGISTRATION. You will be entitled to exclusive
use of the domain name during the term of the registration. Notwithstanding
the foregoing, you shall not use, display, exploit or register
a domain name which action may constitute illegal activity or
be in contravention or violation of a Tucows or Registry policy.
You acknowledge that a breach of this clause will constitute a
material breach of this agreement which will entitle either Tucows
or the Registry to terminate this agreement immediately upon such
breach without any refund. In addition, both we and/or the Registry
may, in our sole discretion, refuse registration of your desired
domain name within thirty (30) calendar days from receipt of payment.
Neither Tucows nor the Registry shall be liable for any loss,
damage or other injury whatsoever resulting from any refusal to
register your desired domain name.
TRANSFER OF OWNERSHIP. The person named as registrant
on the WHOIS shall be the registered name holder. The person named
as administrative contact at the time the controlling user name
and password are secured shall be deemed the designate of the
registrant with the authority to manage 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.
BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy, 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 fifteen (15) 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.
NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain
name.
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.
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:
Your name and postal address (or, if different, that of
the domain name holder);
The domain name being registered;
The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative
contact for the domain name;
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
for the purpose of improving the products and services offered
to you through your Indiafin.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that either we and/or the Registry may make directly
available to third parties or publicly available, some or all,
of the Account Information for inspection through our WHOIS service
and for any other purposes as may be required or permitted by
applicable laws or policies. You hereby irrevocably waive and
release Tucows and/or the Registry from any and all claims and
causes of action you may have arising from any disclosure, use,
or unauthorized access of your Account Information.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing
or technical contact appearing in the “Whois” directory with respect
to a domain name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of this
Agreement and be a basis for cancellation of the domain name registration.
Any information collected by us concerning an identified or identifiable
natural person (“Personal Data”) will be used in connection with
the registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement
or an ICANN/Registry Operator policy.
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. 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.
We reserve the right to delete or transfer your domain name within
a thirty (30) day period following registration if we believe
the registration has been made possible by a mistake, made either
by us or by a third party.
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.
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.
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.
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 postal service. 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, notifications must be sent to us at support@indiafin.com,
or in the case of notification to you, to 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. E.S.T., 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 five (5) business days
after the date of mailing and, in the case of notification to
us or to Indiafin shall be sent to:
Our address:
Domainonweb
111, Essel House,
10, Asaf Ali Road,
New Delhi 110002,
INDIA.
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS record.
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.
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.
INFANCY. You attest that you are of legal age to enter
into this Agreement.
FORCE MAJEURE. You acknowledge and agree that neither
we nor the Registry shall be responsible for any failure or delay
in performing our respective obligations hereunder arising from
any cause beyond our reasonable control, including but not limited
to, acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
FOREIGN LANGUAGE; Controlling Language. In the event
that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language
version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
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.
