1. 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 .tv domain name registration provided by us as offered through
___________________________________ (“Indiafin”). 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 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.
3. FEES. As consideration for the Services you have
selected, you agree to pay 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. Failure to maintain
accurate information will be considered a material breach of this
Agreement and will entitle us to delete your domain name registration.
4. 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.
5. MODIFICATIONS TO AGREEMENT. You agree that we 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 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.
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. 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.
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 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.
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.
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.
9. POLICY. You agree that your registration of the
.tv domain name shall be subject to suspension, cancellation, or
transfer pursuant to any 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. You acknowledge
that you have reviewed the .tv General Terms of Service which may
be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
10. 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.
11. 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.
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). 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 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, affiliates
and third party beneficiaires 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.
14. TRANSFER OF OWNERSHIP. The person named as administrative
contact at the time the 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). 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 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.
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 for the purpose of improving
the products and services offered to you through your Indiafin.
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 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.
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 (15) 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 domain name 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. 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.
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 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. 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:
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.
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.
