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1) AGREEMENT. In this
Service Agreement ("Agreement") "you" and "your"
refer to each customer, "we", us" and "our" refer
to Tucows.com and "Services" refers to the services provided
by us as offered through Canaca.com , the Registration 2) SELECTION OF A DOMAIN
NAME. We cannot and do not check to see whether the domain name you 3) FEES, PAYMENT AND TERM.
As consideration for the services you have selected, you agree to pay
us 4) 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, Section
20. 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, Section 20. 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 abide by any such revisions or changes. You further
agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from timeto 5) 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 6) DOMAIN NAME DISPUTE
POLICY. If you reserved or registered a domain name through us, or 7) DOMAIN NAME DISPUTES.
You agree that, if the registration or reservation of your domain name
is 8) AGENTS. You agree that, if an agent for you (i.e. an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. 9) 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. 10) 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 suchService(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 11) 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 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 E-mail 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 12) 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 13) 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. 14) DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register
or reserve your domain name or register for other Services is, to the
best of your knowledge and belief, accurate and complete, and that any
future changes to this information will be provided to us in a timely
manner according to the modification procedures in place at that time.
You agree that your use of our Services is solely at your own risk. 15) REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time. 16) RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register or
reserve your 17) SEVERABILITY. You
agree that the terms of this Agreement are severable. If any term or provision
is 18) 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. 19) NON-WAIVER. Our failure to require performance by the Registrant 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. 20) 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 notice to us or to the RSP to registrar@Canaca.com
or, in the case of notice to you, at the e-mail address provided by you
in your WHOIS record or as updated from time to time. Mail shall be sent
to Canaca.com, Attention: Domain Registration Services, 153 St Clair Ave
West Toronto Ontario Canada M4V 1P7 and to you at the mailing address
provided in your Affiliate application or as updated from time to time.
Any e-mail communication shall be deemed to have been validly and effectively
given on the date of such 21) ENTIRETY. You agree
that this Agreement, the rules and policies published us and the Dispute
Policy 22) GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the LAWS OF JACKSON COUNTY, Toronto and the FEDERAL LAWS OF THE UNITED STATES applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Jackson County, Toronto and you irrevocably consent to the jurisdiction of such courts. 23) INFANCY. You attest that you are of legal ageto enter into this Agreement. 24) 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 PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT SCHEDULE B Form of Registration Agreement
SELECTION OF A DOMAIN NAME. You represent that: (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.
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. 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 countrys 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. 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. 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. 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: (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 Operator) 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 (Claimant) 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.
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. 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. 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. 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. 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. 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. 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: (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.
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.
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.
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. 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. 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 lhutz@tucows.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 RSP shall be sent to: TUCOWS Inc. and in the case of notification to you shall be to the address specified in the Administrative Contact in your WHOIS record.
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. INFANCY. You attest that you are of legal age to enter into this Agreement. 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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