You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
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.
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.
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
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.
The person named
as Registrant at the time the user name and password are secured shall
be the owner of the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee")
you shall require the Transferee to agree in writing to be bound by all
the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive such
written assurances or other reasonable assurance that the Transferee has
been bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along with the
applicable transfer fee. If
the Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
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.
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.
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:
Your name and postal address (or, if different, that of the
domain name holder);
The domain name being registered;
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
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
AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes as
required or permitted by ICANN and applicable laws.
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
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
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.
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.
Your wilful provision
of inaccurate or unreliable information, your wilful failure promptly to
update information provided to us, or your failure to respond for over
fifteen (15) calendar days to inquiries by us concerning the accuracy of
contact details associated with the your registration shall constitute a
material breach of this Agreement and be a basis for cancellation of the
domain name registration.
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.
reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party.
We also reserve the right to suspend a domain name during
resolution of a dispute.
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
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.
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.
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
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: