Generic Top Level Domain (gTLD) Registration Agreement (.com, .net, .org)
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
wundersolutions.com, the Registration Service Provider ("RSP"). This Agreement
explains our obligations to you, and explains your obligations to us for various
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
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
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
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
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
firstname.lastname@example.org 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:
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K3M1
- OR -
3030 Driftwood Dr. #37
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.