| (a) |
.com/net Domains: In the case of a
".com" or ".net" registration, the following terms and conditions will
apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto,
Ontario. | |
| (b) |
.org Domains: In the case of a ".org"
registration, the following terms and conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto,
Ontario. | |
| (c) |
.info Domains: In the case of a ".info"
registration, the following terms and conditions will apply: |
|
| (i) |
Registrant’s Personal Data. You consent to the use,
copying, distribution, publication, modification, and other
processing of Registrant’s personal data by Afilias, the .INFO
registry, and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract; |
| (ii) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (iii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario; |
| (iv) |
Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems necessary, at
its discretion, to protect the integrity and stability of the
registry, to comply with any applicable law, any government rule or
requirement, any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on the part
of the registrar and/or Afilias, as well as their affiliates,
subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also reserve the
right to suspend a domain name or its registration data during
resolution of a dispute. | |
| (d) |
.biz Domains. In the case of a ".biz"
registration, the following terms and conditions will apply: |
|
| (i) |
.biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for bona fide
business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial use"
shall mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more
host computers through the DNS: |
|
| (A) |
to exchange goods, services, or property of any
kind; |
| (B) |
in the ordinary course of business; or |
| (C) |
to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii) the
ordinary course of trade or
business. | |
|
For more information on the .biz restrictions, which
are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a Domain Name. You represent that: |
|
| (A) |
the data provided in the domain name
registration application is true, correct, up to date and
complete, and that you will continue to keep all of the
information provided correct, up-to-date and complete; |
| (B) |
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; |
| (C) |
that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever; |
| (D) |
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; |
| (E) |
you have the authority to enter into this
Registration Agreement; and |
| (F) |
the registered domain name is reasonably related
to your business or intended commercial purpose at the time of
registration. | |
| (iii) |
Provision of Registration Data. As part of the
registration process, you are required to provide us with certain
information and to keep the information true, current, complete, and
accurate at all times. The information includes the following: |
|
| (A) |
your full name; |
| (B) |
your postal address; |
| (C) |
your e-mail address; |
| (D) |
your voice telephone number; |
| (E) |
your fax number (if applicable); |
| (F) |
the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; |
| (G) |
the IP addresses of the primary nameserver and
any secondary nameserver for the domain name; |
| (H) |
the corresponding names of the primary and
secondary nameservers; |
| (I) |
the full name, postal address, e-mail address,
voice telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the name
holder for the domain name; and |
| (J) |
any remark concerning the domain name that
should appear in the Whois directory. |
| (K) |
You agree and understand that the foregoing
registration data will be publicly available and accessible on
the Whois directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with the ICANN
agreement. | |
| (iv) |
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: |
|
|
|
(collectively, the "Dispute Policies"). |
| (v) |
The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any party
other than the Registry or Registrar over the registration and use
of an Internet domain name registered by Registrant. |
| (vi) |
The 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. |
| (vii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto,
Ontario. | |
| (e) |
.name Domains. In the case of a ".name"
registration, the following terms and conditions will apply: |
|
| (i) |
.name Restrictions. Registrations in the .name
top-level domain must constitute an individual’s "Personal Name".
For purposes of the .name restrictions (the "Restrictions"), a
"Personal Name" is a person’s legal name, or a name by which the
person is commonly known. A "name by which a person is commonly
known" includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor. |
| (ii) |
.name Representations. As a .name domain name
registrant, you hereby represent that: |
|
| (A) |
the registered domain name or second level
domain ("SLD") e-mail address is your Personal Name. |
| (B) |
the data provided in the domain name
registration application is true, correct, up to date and
complete and that you will continue to keep all of the
information provided correct, current and complete, |
| (C) |
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; |
| (D) |
that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever; |
| (E) |
the registration satisfies the Eligibility
Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
| (F) |
you have the authority to enter into this
Registration Agreement. | |
| (iii) |
E-mail Forwarding Services. The Services for
which you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding, you are
obliged to do so in accordance with all applicable legislation and
are responsible for all use of e-mail forwarding, including the
content of messages sent through e-mail forwarding.
You
undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and e-mail usage.
This includes, but is not limited to the Acceptable Use Policy,
available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding: |
|
| (A) |
to encourage, allow or participate in any form
of illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene or
offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory
material; |
| (B) |
to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the
sufficient approval of the owner of the system or
network; |
| (C) |
to interrupt data traffic to other users,
servers or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks, wilful
attempts to overload another system or other forms of
harassment; or |
| (D) |
for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited e-mail, junk
mail, the use of distribution lists (mailing lists) which
include persons who have not specifically given their consent
to be placed on such distribution list. Users are not
permitted to provide false names or in any other way to pose
as somebody else when using e-mail
forwarding. | |
| (iv) |
Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a
history of abuse from entering Registry’s e-mail forwarding.
However, due to the nature of such systems, which actively block
messages, Registry shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us to
give feedback on the decision. |
| (v) |
You understand and agree that Registry may delete
material that does not conform to clause (c) above or that in some
other way constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block your
access to e-mail forwarding if you use e-mail forwarding in a way
that contravenes this Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would damage the
reputation of Registry or jeopardize the security of Registry or
others to do so. Registry reserves the right to immediately
discontinue e-mail forwarding without notice if the technical
stability of e-mail forwarding is threatened in any way, or if you
are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent
e-mail to you or a third party. |
| (vi) |
You understand and agree that to the extent either we
and/or Registry is required by law to disclose certain information
or material in connection with your e-mail forwarding, either we
and/or Registry will do so in accordance with such requirement and
without notice to you. |
| (vii) |
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. You hereby acknowledge that you have 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. |
|
|
| (viii) |
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be
granted on a first-come, first-served basis. The following
categories of Personal Name Registrations may be registered: (i) the
Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make rights in
that character’s Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or the
end of the Personal Name so as to differentiate it from other
Personal Names. |
| (ix) |
The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within .name on
the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by the
Registry) within .name. |
| (x) |
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than
the Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant. |
| (xi) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto,
Ontario. | |