1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the registrant of each domain
name registration and/or recipient of email forwarding services, "we",
"us" and "our" refer to TUCOWS Inc., "Registry Operator" refers to
The Global Name Registry Ltd. and "Services" refers to the domain
name registration and email forwarding provided by us as offered through____________________("Indiafin").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. .name RESTRICTIONS. Registrations in the .name
top-level domain must constitute an individual's "Personal Name".
For purposes of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person's legal name, or a name by which the person is commonly
known. A "name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage name
used by a singer or actor.
3. .name REPRESENTATIONS. As a .name domain name
Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) the data provided in the domain name registration application
is true, correct, up to date and complete and that you will continue
to keep all of the information provided correct, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose whatsoever;
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email forwarding,
you are obliged to do so in accordance with all applicable legislation
and are responsible for all use of email forwarding, including the
content of messages sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and email
usage. This includes, but is not limited to the Acceptable Use Policy,
available at http://www.theglobalname.org/
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use email forwarding:
(a) to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach
of copyright and/or proprietary rights or publishing defamatory material;
(b) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all
attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, wilful attempts to overload another system
or other forms of harassment; or
(d) for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given
their consent to be placed on such distribution list. Users are not
permitted to provide false names or in any other way to pose as somebody
else when using email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history
of abuse from entering Registry Operator's email forwarding. However,
due to the nature of such systems, which actively block messages,
Registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us to
give feedback on the decision.
(iv) You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other way
constitutes a misuse of email forwarding. You further understand and
agree that Registry Operator is at liberty to block your access to
email forwarding if you use email forwarding in a way that contravenes
this Agreement. You will be given prior warning of discontinuation
of the email forwarding unless it would damage the reputation of Registry
Operator or jeopardize the security of Registry Operator or others
to do so. Registry Operator reserves the right to immediately discontinue
email forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach of this
Agreement. On discontinuing email forwarding, Registry Operator is
not obliged to store any contents or to forward unsent email to you
or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material
in connection with your email forwarding, either we and/or Registry
Operator will do so in accordance with such requirement and without
notice to you.
5. FEES. As consideration for the Services you
have selected, 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 statements in your
Application are true, complete and accurate.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that
we may in our sole discretion: (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 ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
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. We will not
refund any fees paid by you if you terminate your agreement with us.
8. 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.
You will not be able to transfer your domain name during the first
sixty (60) days following registration of the domain name with us.
Beginning on the sixty-first (61st) day following the registration,
the policies set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy. In
addition, you hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of
a dispute resolution proceeding or during the landrush procedures
in connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i) the
Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights in that character's
Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end of the
Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and
SLD email address registrations within .name on the grounds that a
Registrant does not meet the Eligibility Requirements, and (ii) to
Defensive Registrations (as defined by the Registry Operator) within
.name.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than Global Name Registry
("Registry Operator") or Registrar over the registration and use of
an Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain name
or SLD email address 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 modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate
your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if
your use of our domain name registration services is challenged by
a third party, you will be subject to the provisions specified in
our 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 set forth below in this agreement. If we are notified that
a complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you agree
not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name
record until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party contesting
your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, you agree that if
you are subject to litigation regarding your registration and use
of our domain name registration services, we may deposit control of
your domain name record into the Registry of the judicial body by
supplying a party with a Registrar certificate from us.
12. POLICY. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to correct mistakes
by us or the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name.
13. 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 a third party licensee
and that the third party agrees to the terms hereof.
14. 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.
15. 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 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 miss-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.
You agree that neither we nor the Registry Operator will have any
liability of any kind for any loss or liability resulting from (i)
the processing of registration requests prior to live SRS launch,
including, without limitation, your ability or inability to obtain
a .name domain name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain name, SLD email
address, Defensive Registration or NameWatch Registration (as defined
by the Registry Operator), including the decision of any dispute resolution
proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify,
and hold us, the Registry Operator, our contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries harmless
from all liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising out of or relating to the
domain name registered 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 both us and the Registry Operator harmless pursuant to the terms
and conditions contained in the Dispute Policies. 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. This indemnification obligation will survive
the termination or expiration of this Agreement.
17. 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. You acknowledge that you will not be entitled to
change registrars during the first sixty (60) days following the registration
of your domain name.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and voice telephone
number and fax number (if available) (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 telephone
number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain
name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will
be publicly available and accessible on the Whois directory as required
by ICANN and may be sold in bulk in accordance with ICANN policy.
You further understand and agree that the foregoing registration data
may be transferred internationally.
22. 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 applicable. 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 applicable
laws.
You hereby consent to any and all such disclosures and 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 Indiafin.
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 accessor disclosure,
alteration or destruction of that information.
23. 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 your 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.
24. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other Services,
to protect the integrity and stability of the Registry, to comply
with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with the dispute resolution process,
or to avoid any liability, civil or criminal, on our part and/or that
of the Registry Operator, as well as our affiliates, subsidiaries,
officers, directors and employees. We and the Registry Operator reserve
the right to suspend a domain name during the resolution of a dispute.
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 a 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.
25. We reserve the right to delete or transfer
your domain name following registration if we believe the registration
has been made possible by a mistake, made either by us or by a third
party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
28. 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.
29. 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 be 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. 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 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
30. ENTIRETY. You agree that this Agreement,
the rules and policies published by Tucows, ICANN and/or the Registry
Operator 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.
31. 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.
32. INFANCY. You attest that you are of legal
age to enter into this Agreement.
33. 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.
