.biz
Registration Agreement
Send an e-mail to confirm that you have read agreement below and agree, as follows: Include the desired domain name in the subject line and your full name, postal address and phone number in the body of the email (this information will be published and available to the public upon a successful registration) ... to AGREE and e-Mail your request (click HERE),
If you do NOT agree with the agreement (this "Agreement" delineated below), idecline.biz@navyweb.org and there will be no domain name registration.
1.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. and “Services” refers to the domain name registration provided
by us as offered through (“NavyWeb”).This
Agreement explains our obligations to you, and explains your obligations
to us for various Services.
2.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,
(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.
3.FEES.As
consideration for the Services you have selected, you agree to pay the
NavyWeb 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.
4.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.
5.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.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.
6.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.
7.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.
8.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/udrp.htm;
(ii)The
Start-Up Dispute Resolution Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and
(iii)The
Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available
at http://www.neulevel.com/;
(collectively,
“Dispute Policies”).
The
SUDRP sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name (“Registrant”) with any third
party (other than Neulevel, Inc. (“Registry Operator”) or Tucows over the
registration or use of a .biz domain name registered by you that is subject
to the Start-up Intellectual Property Notification Service (“SIPNS”).SIPNS
is a service introduced by Registry Operator to notify a trademark or service
mark holder (“Claimant”) that a second-level domain name has been registered
in which that Claimant claims intellectual property rights.In
accordance with the SUDRP and its associated Rules, those Claimants will
have the right to challenge registrations through independent ICANN-accredited
dispute resolution providers.
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.
9.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.
10.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.
11.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.
12.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.
13.INDEMNITY. 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.
14.TRANSFER
OF OWNERSHIP.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.
15.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
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.
16.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.
17.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.
18.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
name and postal address (or, if different, that of the domain name holder);
(ii)The
domain name being registered;
(iii)The
name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
(iv)The
name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact 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 NavyWeb.
19.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 NavyWeb.
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.
20.REVOCATION.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.
21.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.
22.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.
23.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.
24.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.
25.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 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 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 TUCOWS or to NavyWeb shall be sent
to:
TUCOWS
Inc.
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
Attention:Legal
Affairs
27.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.
28.INFANCY.You
attest that you are of legal age to enter into this Agreement.
29.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.
To indicate your agreement and
to provide your registration information (organization, name, address &
phone) and desired "_____.biz" domain name, click
HERE.
For payment information, please click HERE.