(a) |
.at Domains. In the case of a “.at” registration, the following terms and conditions will apply: |
|
(i) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. |
|
(b) |
.be Domains. In the case of a “.be” registration, the following terms and conditions will apply: |
|
(i) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. |
(ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
(c) |
.ca Domains. In the case of a “.ca” registration, the following terms and conditions will apply: |
|
(i) |
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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy. |
(ii) |
Registry
Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Registry adopted policy, (1) to
correct mistakes by Tucows or the Registry in registering the name or
(2) for the resolution of disputes concerning the domain name. |
(iii) |
Transfer
of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures. |
(iv) |
Registry
Agreement and Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by the
Registry’s Registrant Agreement, the Registry’s policies and any
pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is
to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation. |
(v) |
You
acknowledge and agree that the Registry shall not be liable to you for
any loss, damage, or expense arising out of the Registry’s failure or
refusal to register a domain name, it’s failure or refusal to renew a
domain name registration, it’s registration of a domain name, it’s
failure or refusal to renew a domain name registration, it’s renewal of
a domain name registration, it’s failure or refusal to transfer a
domain name registration, it’s transfer of a domain name registration,
it’s failure or refusal to maintain or modify a domain name
registration, it’s maintenance of a domain name registration, it’s
modification of a domain name registration, it’s failure to cancel a
domain name registration or it’s cancellation of a domain name
registration from the Registry; |
|
(d) |
.cc Domains. In the case of a “.cc” registration, the following terms and conditions will apply: |
|
(i) |
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.nic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy. |
(ii) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. |
|
(e) |
.ch Domains. In the case of a “.ch” registration, the following terms and conditions shall apply: |
|
(i) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. |
(ii) |
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 .ch 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.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy. |
|
(f) |
.cn Domains. In the case of a “.cn” registration, the following terms and conditions shall apply: |
|
(i) |
“Registry”
means the China Internet Network Information Center, which is the
authority responsible for the administration of the national top-level
domain of the People’s Republic of China and the Chinese domain name
system; |
(ii) |
“Registry
Gateway” means the service provided by the Registry Operator that
facilitates the registration of .cn domain names by registrars
operating outside of the People’s Republic of China; |
(iii) |
“Registry
Operator“ means Neustar, Inc., the company authorized to facilitate the
registration of .cn domain names by registrars operating outside of the
People’s Republic of China. |
(iv) |
Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to: |
|
(A) |
be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”); |
(B) |
jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; |
(C) |
harm national honour and national interests of the PRC; |
(D) |
instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC; |
(E) |
spread rumours, disturb public order or disrupt social stability of the PRC; |
(F) |
spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; |
(G) |
insult, libel against others and infringe other people’s legal rights and interests in the PRC; or |
(H) |
take any other action prohibited in laws, rules and administrative regulations of the PRC. |
|
(v) |
Business
or Organization Representation. .cn domain name registrations are
intended for businesses and organizations and not for individual use.
By registering a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or organization. It
should be noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint
(as opposed to proactive review), registrations that are not associated
with an organization or business may be subject to deletion. The
foregoing prevents an individual from registering a .cn domain name for
a business operating as a sole proprietorship. |
(vi) |
Domain
Name Disputes. You acknowledge having read and understood and agree to
be bound by the terms and conditions of the CNNIC Domain Name Dispute
Policy & Rules for CNNIC Dispute Resolution Policy (“Dispute
Policy”), as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement. The Dispute
Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
(vii) |
You
acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name
dispute resolution institutions including the provision of all relevant
evidence in any domain name disputes in the specified time frames. |
(viii) |
If
we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you
and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate from us. |
(ix) |
Adherence
to Policies. You agree to comply with all applicable laws, regulations
and policies of the Peoples Republic of China’s governmental agencies
and the China Internet Network Information Centre (“CNNIC”), including
but not limited to the following rules and regulations: |
|
|
|
You
acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the policies of the CNNIC, as they may be
amended from time to time. |
(x) |
Suspension
and Cancellation. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any Tucows, Registry Operator, CNNIC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a
CNNIC or government-adopted policy, (1) to correct mistakes by a party
in registering the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and stability of the
registry, (4) to comply with any applicable laws, government rules or
requirements, requests of aw enforcement, (5) to avoid any liability,
civil or criminal, on the part of Tucows, Registry Operator or CNNIC,
as well as their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right to “freeze”
a domain name during the resolution of a dispute. |
(xi) |
Jurisdiction.
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, (2) where Tucows is located, and (3)
the People’s Republic of China. |
(xii) |
Governing
Law. For the adjudication of a dispute concerning or arising from use
of a .cn domain, such dispute will be governed under the Laws of the
Peoples Republic of China. |
|
(g) |
.de Domains. In the case of a “.de” registration, the following terms and conditions will apply: |
|
(i) |
Selection of a Domain Name. You represent that: |
|
(A) |
you
have reviewed and have accepted the Registry’s Terms and Conditions and
the Registry’s Guidelines and have provided your Reseller with written
confirmation of same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and have provided
your Reseller with written confirmation of same; |
(B) |
either
you, or the person designated as the administrative contact for the
domain name, shall be resident or shall have a branch in Germany; |
(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 and, further,
that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever. |
|
(ii) |
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 by the Registry or any court of law. 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 specified by the Registry or any court of law. |
(iii) |
Registry
Policies. You agree to be bound by the Registry’s Registration Terms
and Conditions and the Registration Guidelines. English language
translations of the Registry’s documents are provided for convenience;
in the event of a discrepancy between the English and the German
language agreements, the terms of the German agreement will prevail.
The Registry documents may be found at: |
|
|
|
(h) |
.eu domains. In the case of a “.eu” registration, the following terms and conditions will apply: |
|
(i) |
Eligibility
Criteria. .eu domain names are available for registration to companies
and persons who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are: |
|
(A) |
an
undertaking having its registered office, central administration or
principal place of business within the European Community; |
(B) |
an organization established within the European Community without prejudice to the application of national law, or |
(C) |
a natural person resident within the European Community. |
|
(ii) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website. Registration policies of the
Registry and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. |
(iii) |
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 by the Registry or any court of law. |
|
(i) |
.fr Domains. In the case of a “.fr” registration, the following terms and conditions will apply: |
|
(i) |
Representation
of Registrant. .fr domain names are available for registration to
companies and persons who fulfill the following criteria. As a
condition of registration, you accordingly represent that you are: |
|
(A) |
A legal entity: |
|
(I) |
whose head office is in France; (or), |
(II) |
which
possess an address in France which is expressly listed in the public
electronic databases of the registrars of the commercial courts or the
National Statistical and Economic Studies Institute (INSEE), (or), |
(III) |
State institutions or departments, local authorities or associated establishments, (or), |
(IV) |
which
own a trademark registered with the National Intellectual Property
Institute or own a registered EU or international trademark which
expressly includes French territory. |
|
(ii) |
Administrative
Contact. Each registrant must designate an administrative contact to
act as a coordinator between the registrant and the Registry. In the
case of .fr registrations, the administrative contact must be based in
France where it can receive legal and other documents. |
(iii) |
Registry
Policies. You agree to be bound by the Registry’s Naming Charter, its
registration rules for .fr. English language translations of the
Registry’s documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
(iv) |
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 by the Registry or any court of law. The
current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or any court of law. |
|
(j) |
.it Domains. In the case of a “it” registration, the following terms and conditions shall apply: |
|
(i) |
Registration
Criteria. Registration of an .it name is restricted to subjects
belonging to a member state of the European Union. Individuals and
associations operating without a VAT number or a fiscal code are
limited to a single domain name registration. |
(ii) |
Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including transfer
procedures and “netiquette” rules may be found at http://www.nic.it/NA/index-engl.html. |
|
(k) |
.nl Domains. In the case of a “.nl” registration, the following terms and conditions shall apply: |
|
(i) |
Registration
Criteria. Registration of a .nl domain name is unrestricted save and
except that applicants who are not based in the Netherlands or who do
not have a registered address in the Netherlands must provide an
address in the Netherlands where written documents can be sent to the
applicant and where legal summonses can be served. |
(ii) |
Registry
Policies. You agree to be bound by the policies of the Registry
including but not limited to the Registry’s Registration Regulations.
English language translations of the Registry’s documents are provided
for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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 by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court of law. |
|
(l) |
.tv Domains. In the case of a “.tv” registration, the following terms and conditions will apply: |
|
(i) |
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.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy. |
(ii) |
Policy
. You agree that your registration of the .tv domain name shall be
subject to suspension, cancellation, or transfer pursuant to any 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. You acknowledge that you have reviewed the .tv General Terms of
Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the terms outlined therein. |
|
(m) |
.uk Domains. In the case of a .uk registration, the following terms and conditions will apply: |
|
(i) |
“Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations. |
(ii) |
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.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy. |
(iii) |
Nominet
UK Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
Nominet UK-adopted policy, term or condition, or pursuant to any
registrar or registry procedure not inconsistent with an Nominet
UK-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. The current Nominet UK terms and conditions
can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with Tucows
and/or Reseller, you will be entering into two contracts – one contract
with Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your
behalf by submitting your application to Nominet for you, however, you
will still be entering into a direct contract between you and Nominet
UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting
Nominet’s terms and conditions you are consenting to Nominet using your
personal data for a variety of reasons. In particular, your name and
address may be published as part of Nominet’s Whois look-up service. |
(iv) |
Transfer
of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with Nominet UK policies
and procedures. |
|
(n) |
.us Domains. In the case of a “.us” registration, the following terms and conditions will apply: |
|
(i) |
“DOC” means the United States of America Department of Commerce. |
(ii) |
“.us
Nexus Requirement”. Only those individuals or organizations that have a
substantive lawful connection in the United States are permitted to
register for .usTLD domain names. Registrants in the .usTLD must
satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set out
at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
(iii) |
Selection of a Domain Name. You certify and represent that: |
|
(A) |
You
have and shall continue to have, a bona fide presence in the United
States on the basis of real and substantial lawful contacts with, or
lawful activities in, the United States as defined in Section (ii)
hereinabove; |
(B) |
The listed name servers are located within the United States; |
(C) |
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; |
(D) |
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; |
(E) |
That
the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever; |
(E) |
You have the authority to enter into this Registration Agreement. |
|
(iv) |
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 and the usDRP, as defined
below, that is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with these
policies. |
(v) |
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: |
|
(A) |
The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements. |
(B) |
The usTLD Dispute Resolution Policy (“usDRP”) available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement. |
(C) |
In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States. |
|
(vi) |
Policy.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, the DOC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a DOC 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. The Registry Operator’s
policies can be found at http://www.neustar.us/policies. |
(vii) |
Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove. |
(viii) |
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: |
|
(A) |
Your
full name, postal address, email address and telephone number and fax
number (if available) (or, if different, that of the domain name
holder); |
(B) |
The domain name being registered; |
(C) |
The
name, postal address, email address, and telephone number and fax
number (if available) telephone numbers of the administrative contact,
the technical contact and the billing contact for the domain name; |
(D) |
The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; |
|
(ix) |
In
addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller. |
(x) |
Disclosure
and Use of the Registration Information. You agree and acknowledge that
we will make domain name registration information you provide available
to the DOC, to the Registry Operator, 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 the DOC 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 Reseller.
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. |
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
(a) |
Subscribers
to the Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry: |
|
(i) |
Contactprivacy.com shall appear as the Registrant and Contacts name(s); |
(ii) |
Tucows’
postal address and a Tucows assigned email address and telephone number
shall appear on behalf of the Registrant and the Contact(s); |
(iii) |
The primary and secondary nameservers shall be those designated by the Registrant; |
(iv) |
The original date of registration and the expiration of each domain name; |
(v) |
Tucows will be identified as the registrar of record. |
|
(b) |
You
understand and agree that the Registrant and Contact Information that
you have provided will be kept on file. You further agree and warrant
that you will ensure that the Whois Information is true, accurate and
up to date. |
(c) |
You
will will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy
Service at your discretion. |
(d) |
The
Whois Privacy Service may be used with both new and existing domain
name registrations. You may use the Whois Privacy Service with respect
to a domain name that has been transferred but it will only commence
after the transfer has been completed. If you wish to transfer the
domain name to a different registrar,the Whois Privacy Service must be
disabled in order to initiate the transfer. |
(e) |
We will send all obligatory renewal and transfer related messages to the Contacts you have designated. |
(f) |
Communications
Forwarding. Communications received with respect to a particular domain
name registration will be handled as follows: |
|
(i) |
We
will forward to you or a Contact all correspondence received by
registered mail or traceable courier. This information may be opened,
scanned and emailed to you or your Contact.. Regular postal mail will
be discarded or returned to sender at our discretion. |
(ii) |
Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records. |
(iii) |
A
voice mail message will advise all callers that inbound messages will
not be accepted; calls will be directed to the contactprivacy.com web
site where written messages will be forwarded according to your
instructions. |
(iv) |
We
will only be responsible for forwarding communications where our
details have appeared in the whois and when your Whois Information is
accurate, complete and up to date. |
|
(g) |
Right
to Suspend and Disable. We shall have the right, at our sole discretion
and without liability to you or any of your Contacts, suspend or cancel
your domain name and to reveal Registrant and Contact Whois Information
in certain circumstances, including but not limited to the following: |
|
(i) |
when required by law; |
(ii) |
in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; |
(iii) |
to comply with a legal process served upon Tucows; |
(iv) |
to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; |
(v) |
to avoid financial loss or legal liability |
(v) |
to avoid financial loss or legal liability |
(vi) |
if
we believe that you or one of your Contacts is using the Whois Privacy
Service to conceal involvement with illegal, illicit, objectionable or
harmful activities; or |
(vii) |
to transmit SPAM, viruses, worms or other harmful computer programs. |
|
(h) |
You
understand and agree that, in the event that we receive a formal
complaint, notice of claim or UDRP, that we will have the right to
disable the Whois Privacy Service pending final disposition of the
matter. |
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. |