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Domain
Name Registration Agreement .biz
SCHEDULE A
Form of Registration Agreement
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AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to the registrant of
each domain name registration, "we", "us" and "our" refer to Tucows
Inc., "Registry Operator" refers to Neulevel Inc. and "Services"
refers to the domain name registration provided by us as offered
through IT Works Interactive Pte Ltd ("RSP"). This Agreement
explains our obligations to you, and explains your obligations to us
for various Services.
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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:
(i) to exchange goods, services, or property of any kind;
(ii) in the ordinary course of business; or
(iii) 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.neulevel.com/countdown/registration
restrictions.html
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SELECTION OF A DOMAIN NAME. You
represent that:
(i) 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;
(ii) 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;
(iii) that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose whatsoever;
(iv) 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;
(v) you have the authority to enter into this Registration
Agreement; and
(vi) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of registration.
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FEES. As consideration for the Services
you have selected, you agree to pay the RSP the applicable service(s)
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.
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TERM. This 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.
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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 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. You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as presently written
and posted on http://www.opensrs.org/legal/udrp.shtml 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. We will not refund
any fees paid by you if you terminate your agreement with us.
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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.
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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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
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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:
(i) The Uniform Domain Name Dispute Resolution Policy ("Dispute
Policy), available at http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
The Dispute Policy sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use of an
Internet domain name registered by Registrant.
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.
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POLICY. 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.
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AGENCY. 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. You acknowledge and agree that the domain name
has not been registered solely for the purposes of selling, trading
or leasing for compensation and will be used for a business or
commercial purpose.
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ANNOUNCEMENTS. 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.
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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 ($500.00) dollars.
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INDEMNITY. You agree to release,
indemnify, and hold us, the Registry Operator, 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. This indemnification obligation will survive the
termination or expiration of this agreement.
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TRANSFER OF OWNERSHIP. The person named
as registrant on the WHOIS shall be the registered name holder. The
person named as administrative contact at the time the controlling
user name and password are secured shall be deemed to be the
designate of the registrant with the authority to manage 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.
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BREACH. 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 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.
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NO GUARANTY. 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.
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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.
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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:
(i) Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that of the
domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail 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;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
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 RSP.
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DISCLOSURE 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.
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 RSP.
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.
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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 "Whois"
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 ("Personal
Data") 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.
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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.
We 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.
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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.
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NON-AGENCY. 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.
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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.
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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 postal service. In the case of
e-mail, valid notice shall only have been deemed to be 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 lhutz@tucows.com,
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:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record
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ENTIRETY. You agree that this
Agreement, the rules and policies published by Tucows, ICANN and/or
the Registry Operator 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.
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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.
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INFANCY. You attest that you are of
legal age to enter into this Agreement.
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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.
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