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
I Don't Know Inc. o/a Western Canada Internet, 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
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
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
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 GUARANTEE. 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
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
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
accessor disclosure, alteration or destruction of that information.
20. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful 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
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 email@example.com or 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
- OR -
Western Canada Internet
9825 - 44 Ave
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS
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.
a. Applicable Disputes. You are required to submit to a mandatory administrative
proceeding in the event that a third party (a "complainant")
asserts to the applicable Provider, in compliance with the Rules
of Procedure, that
(i) your domain name
is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and
(ii) you have no rights
or legitimate interests in respect of the domain name; and
(iii) your domain name
has been registered and is being used in bad faith.
In the administrative
proceeding, the complainant must prove that each of these three
elements are present.
b. Evidence of Registration
and Use in Bad Faith. For the purposes
of Paragraph 4(a)(iii), the following circumstances,
in particular but without limitation, if found by the Panel to
be present, shall be evidence of the registration and use of
a domain name in bad faith:
(i) circumstances indicating
that you have registered or you have acquired the domain name
primarily for the purpose of selling, renting, or otherwise transferring
the domain name registration to the complainant who is the owner
of the trademark or service mark or to a competitor of that complainant,
for valuable consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or
(ii) you have registered
the domain name in order to prevent the owner of the trademark
or service mark from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern of such conduct;
(iii) you have registered
the domain name primarily for the purpose of disrupting the business
of a competitor; or
(iv) by using the domain
name, you have intentionally attempted to attract, for commercial
gain, Internet users to your web site or other on-line location,
by creating a likelihood of confusion with the complainant's
mark as to the source, sponsorship, affiliation, or endorsement
of your web site or location or of a product or service on your
web site or location.
c. How to Demonstrate
Your Rights to and Legitimate Interests in the Domain Name in
Responding to a Complaint. When
you receive a complaint, you should refer to Paragraph
5 of the Rules of Procedure in determining how your response
should be prepared. Any of the following circumstances, in particular
but without limitation, if found by the Panel to be proved based
on its evaluation of all evidence presented, shall demonstrate
your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii):
(i) before any notice
to you of the dispute, your use of, or demonstrable preparations
to use, the domain name or a name corresponding to the domain
name in connection with a bona fide offering of goods or services;
(ii) you (as an individual,
business, or other organization) have been commonly known by
the domain name, even if you have acquired no trademark or service
mark rights; or
(iii) you are making
a legitimate noncommercial or fair use of the domain name, without
intent for commercial gain to misleadingly divert consumers or
to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from
among those approved by ICANN by submitting the complaint to
that Provider. The selected Provider will administer the proceeding,
except in cases of consolidation as described in Paragraph
e. Initiation of Proceeding
and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating
and conducting a proceeding and for appointing the panel that
will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you
and a complainant, either you or the complainant may petition
to consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel
appointed to hear a pending dispute between the parties. This
Administrative Panel may consolidate before it any or all such
disputes in its sole discretion, provided that the disputes being
consolidated are governed by this Policy or a later version of
this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant to this Policy
shall be paid by the complainant, except in cases where you elect
to expand the Administrative Panel from one to three panelists
as provided in Paragraph
5(b)(iv) of the Rules of Procedure, in which case all fees
will be split evenly by you and the complainant.
h. Our Involvement
in Administrative Proceedings.
We do not, and will not, participate in the administration or
conduct of any proceeding before an Administrative Panel. In
addition, we will not be liable as a result of any decisions
rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant
to any proceeding before an Administrative Panel shall be limited
to requiring the cancellation of your domain name or the transfer
of your domain name registration to the complainant.
j. Notification and
Publication. The Provider shall
notify us of any decision made by an Administrative Panel with
respect to a domain name you have registered with us. All decisions
under this Policy will be published in full over the Internet,
except when an Administrative Panel determines in an exceptional
case to redact portions of its decision.
k. Availability of
Court Proceedings. The mandatory
administrative proceeding requirements set forth in Paragraph
4 shall not prevent either you or the complainant from submitting
the dispute to a court of competent jurisdiction for independent
resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative
Panel decides that your domain name registration should be canceled
or transferred, we will wait ten (10) business days (as observed
in the location of our principal office) after we are informed
by the applicable Provider of the Administrative Panel's decision
before implementing that decision. We will then implement the
decision unless we have received from you during that ten (10)
business day period official documentation (such as a copy of
a complaint, file-stamped by the clerk of the court) that you
have commenced a lawsuit against the complainant in a jurisdiction
to which the complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction
is either the location of our principal office or of your address
as shown in our Whois database. See Paragraphs
1 and 3(b)(xiii)
of the Rules of Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to
us that your lawsuit has been dismissed or withdrawn; or (iii)
a copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your