To register a Peoples Republic of China domain name,
Send an e-mail to confirm that you have read the 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 request (click HERE),
If you do NOT agree with the agreement (this "Agreement" delineated below), idecline.cn@navyweb.organd there will be no domain name registration.
1. AGREEMENT. In this Registration Agreement ("Agreement") "Registrant",
"you" and "your" refer to the registrant of each domain name registration, "we",
"us" and "our" refer to Tucows Inc., "Registry Operator" refers to NeuStar,
Inc., "CNNIC" refers to the China Network Information Centre, and "Services"
refers to the domain name registration provided by us as offered through "NavyWeb
Co." ("Reseller"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. REPRESENTATIONS AND WARRANTIES. You certify and represent that:
(a) You have supplied all of the information required in the domain name registration
application ("Application") and further, that the data provided in the 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;
(b) 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;
(c) That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(d) You have the requisite power and authority to enter into this Registration
Agreement and to perform the obligations hereunder.
3. 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.
4. 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: (i) China Internet Domain Name
Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration
(currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/doc/e-9.shtml).
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.
5. FEES. As consideration for the Services you have selected, you agree
to pay Reseller 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.
6. 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, 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.
7. 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 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.
8. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records
appropriate to document and prove the initial registration date of the domain
name. 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.
9. 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")s, 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/ruler/20.shtml
and http://www.cnnic.net.cn/doc/e-10.shtml.
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.
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.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge that the
Dispute Policy may be modified from time to time. Any such revised policy on
our Web site at least fourteen (14) calendar days before it becomes effective.
You agree that, by maintaining the 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 modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
11. 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.
12. 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.
13. 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.
14. 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.
15. INDEMNITY. You agree to release, indemnify, and hold Tucows, the
Registry Operator, CNNIC, our respective 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.
16. 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
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
may 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.
17. BREACH. You agree that failure to abide by any provision of this
Agreement 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.
18. 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.
19. 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. If you license use of the
domain name, you nonetheless agree that you shall accept any and all liability
for any harm caused by said licensed use and suffered by Tucows, the Registry
Operator and/or CNNIC. 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.
20. 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.
21. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to CNNIC, 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 CNNIC 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.
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 CNNIC, Registry Operator policy or pursuant to any applicable laws
and regulations. The parties shall take commercially reasonable steps to protect
Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction.
Neither Tucows nor Registry Operator make any representations as to how CNNIC
uses, accesses or corrects any Personal Data it receives from the Registry Operator.
22. INACCURATE OR UNRELIABLE DATA. You hereby represent and warrant that
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 the information
provided up to date. Your wilful or negligent 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. No refunds shall be made if a domain name is deleted as a result
of enforcement of this provision.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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 Reseller shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
To indicate your agreement, and to provide your registration information (organization, name, address & phone) and desired "yourdomainname.cn" domain name, click HERE.