SELECTION OF A DOMAIN NAME.
You represent that, 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.
As consideration for the Services you have selected, you agree
to pay the RSP the applicable service 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").
By submitting this Agreement, you represent that the statements
in your Application are true, complete and accurate.
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 country’s 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.
If you have registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution Policy (“Sunrise
Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and
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.
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 Policies that are incorporated herein and made a part of this
Agreement by reference. The
current version of the general registration 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.
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 Sunrise Dispute Policy or the Dispute Policy, as
applicable. 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 Sunrise Dispute Policy or Dispute Policy,
You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows,
Registry Operator, ICANN or government-adopted policy, (1) to correct
mistakes by us or the 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
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
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.
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
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
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: