APPENDIX A
.CA Form of Registration Agreement
In order that a party may hold a valid .ca domain name registration, TUCOWS, requires
that all registrants adhere to certain terms and conditions. As an organization
or individual applying to register, transfer or renew an .ca domain name via the
agency of EVERYCONTRACTOR.com (“RSP”) and/or TUCOWS you accordingly agree as follows:
1. AGREEMENT:
In this Registration Agreement ("Agreement") , "we", us" and "our" refer to TUCOWS
Inc. and “Services” refers to the domain name registration, transfer or renewal
services provided by us as offered through EVERYCONTRACTOR.com, the Registration
Service Provider (“RSP”).
CIRA shall refer to the entity granted
the exclusive right to administer the registry for .ca domain name registrations.
2. SELECTION OF A DOMAIN NAME:
You represent that, to the best of the your knowledge and belief, neither the registration
of the domain 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 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 this Agreement will remain in full force during the term of your
domain name registration as selected, recorded, and paid for upon registration of
the domain name. Should you choose to renew the term of your domain name registration,
then the term of this Agreement will be extended accordingly. Should you transfer
your domain name or should the domain name otherwise be transferred to another Registrar,
the terms and conditions of this contract shall cease and shall be replaced by the
contractual terms in force between domain name registrants 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
CIRA 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 the CIRA website.
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.
9. CIRA POLICY:
You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with an CIRA-adopted
policy, (1) to correct mistakes by a registrar or the registry in registering the
name or (2) for the resolution of disputes concerning the domain name.
10. AGENCY:
Should you intend to license use of a domain name to a third party you shall nonetheless
be the domain name registrant 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 thedomain name. 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 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.
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
attorney's fees, from claims by third parties, including but not limited to the
RSP and CIRA 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
CIRA 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:
Any transfer of ownership in and to a domain name registration shall be affected
in accordance with CIRA policies and procedures.
15. BREACH:
You agree that failure to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy, 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 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.
(v) The Internet Protocol number of the primary name server and secondary name server(s)
for each domain name registration and the corresponding names of those name servers.
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
CIRA, to the registry administrators,
and to other third parties as
CIRA 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 CIRA 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 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 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 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
lhutz@tucows.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 Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
OR
EVERYCONTRACTOR.com
3654 N. Rancho Suite. 102
Las Vegas, NV 89130
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. INCONSISTENCIES WITH CIRA:
In the event that this Agreement may be inconsistent with any term, condition ,
policy or procedure of
CIRA, the term, condition, policy or
procedure of CIRA shall prevail.
30. 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.