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atanda web presence services
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EXHIBIT A
Registration Agreement for .ca Domains
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 [insert
Resellername] and/or TUCOWS you accordingly agree as follows:
- AGREEMENT. In this Registration Agreement ("Agreement")
, "we", us" and "our" refer to TUCOWS
Inc. and ìServicesî refers to the domain name registration,
transfer or renewal services provided by us as offered through
atanda web presence services, the Registration Service
Provider (ìResellerî). CIRA shall refer to the entity
granted the exclusive right to administer the registry for .ca
domain name registrations.
- 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.
- FEES. As consideration for the Services you have selected,
you agree to pay to us, or your respective Reseller 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.
- 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.
- 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 (ìDispute Policyî) 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- ANNOUNCEMENTS. We and the Reseller 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).
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.
- 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 Reseller 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. This indemnification obligation will survive
the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with CIRA policies and procedures.
- 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.
- 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.
- 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.
- 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:
- 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 domain name;
- The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name.
- 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 Reseller.
- 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 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
- REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries
by us addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the ìWhoisî
directory with respect to a domain name concerning the accuracy
of contact details associated with the registration shall constitute
a material breach of this Agreement and be a basis for cancellation
of the domain name registration. Any information collected by
us concerning an identified or identifiable natural person (ìPersonal
Dataî) will be used in connection with the registration
of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
- 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.
- 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.
- 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.
- 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.
- 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 Reseller
to lhutz@tucows.com or [Insert E-mail Address for Reseller] 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 Reseller shall be sent to:
TUCOWS
Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
atanda web presence services
939 61st Street, Suite 13
Oakland, CA 94608-1304
and in the case
of notification to you shall be to the address specified in the
ìAdministrative Contactî in your WHOIS record.
- 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.
- 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.
- INFANCY. You attest that you are of legal age to enter
into this Agreement.
- 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.
- FOREIGN LANGUAGE: Controlling Language. In the event
that you are reading this agreement in a language other than
the English language, you acknowledge and agree that the English
language version hereof shall prevail in case of inconsistency
or contradiction in interpretation or translation.
- 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.