(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, e-mail
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, 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; |
(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. |