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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 Klhost Network Sdn Bhd, the Registration Service
Provider ("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for various Services.
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2.SELECTION
OF A DOMAIN NAME. You represent that: (i) the data provided
in the domain name registration application is true, correct, up
to date and complete,
(ii) 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;
(iii) that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) the registered domain name will be used primarily for bona
fide business or commercial purposes and not (a) exclusively for
personal use, or (b) solely for the purposes of (1) selling, trading
or leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for compensation;
(v) you have the authority to enter into this Registration Agreement;
and
(vi) the registered domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
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3.FEES.As
consideration for the Services you have selected, you agree to pay
the RSP 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.
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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.
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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
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.
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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.
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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.
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8.DOMAIN
NAME DISPUTES.You acknowledge having 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: (i) The Uniform Domain
Name Dispute Resolution Policy (Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution Policy (SUDRP, available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules (RDRP
, available at http://www.neulevel.com/; (collectively, dispute
Policies.
The SUDRP sets forth the terms and conditions in connection with
a dispute between a registrant of a .biz domain name (Registrant
with any third party (other than Neulevel, Inc. (Registry Operators
or Tucows over the registration or use of a .biz domain name registered
by you that is subject to the Start-up Intellectual Property Notification
Service (SIPNS. SIPNS is a service introduced by Registry Operator
to notify a trademark or service mark holder (laimants that a second-level
domain name has been registered in which that Claimant claims intellectual
property rights. In accordance with the SUDRP and its associated
Rules, those Claimants will have the right to challenge registrations
through independent ICANN-accredited dispute resolution providers.
The Dispute Policy sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use of
an Internet domain name registered by Registrant. he RDRP sets forth
the terms under which any allegation that a domain name is not used
primarily for business or commercial purposes shall be endorsed
on a case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider.
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9.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.
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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.
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11.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.
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12.INDEMNITY.
You agree to release, indemnify, and hold us, 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 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.
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13.IBREACH.
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.
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14.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.
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15.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.?
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16.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 RSP.
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17.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 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.
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| 18.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.
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19.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. 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 following registration
if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the right
to suspend a domain name during resolution of a dispute.
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20.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.
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21.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.
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22.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.
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23.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 lhutz@tucows.com or [support@Klhost.com ]
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:
TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
______________ or ______________
Klhost Network Sdn Bhd
6-1, Jalan Cempaka SD12/2
Bandar Sri Damansara
52200 Kuala Lumpur
Malaysia
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
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24.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.
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25.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.
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26.INFANCY.
You attest that you are of legal age to enter into this Agreement.
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27.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.
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| (SCHEDULE
B) |
Domain
Registration
Disclaimer | Agreement
| Dispute Policy | .biz
Agreement | .info Agreement |
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