Terms and Conditions of the
order that a party may hold a valid .ca domain name registration, TUCOWS,
requires that all registrants adhere to certain terms and conditions.
As an organization or individual applying to register, transfer or renew
an .ca domain name via the agency of DomainLot, Inc. and/or TUCOWS you
accordingly agree as follows:
- AGREEMENT. In this Registration Agreement ("Agreement")
, "we", us" and "our" refer to TUCOWS Inc.
and "Services" refers to the domain name registration, transfer
or renewal services provided by us as offered through DomainLot, Inc.,
the Registration Service Provider ("RSP"). CIRA shall refer
to the entity granted the exclusive right to administer the registry
for .ca domain name registrations.
- SELECTION OF A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither the registration of the domain
name nor the manner in which it is directly or indirectly used infringes
the legal rights of a third party and that the domain name is not being
registered for any unlawful purpose.
- FEES. As consideration for the Services you have selected,
you agree to pay to us, or your respective RSP who remits payment to
us on your behalf, the applicable fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). You, by completing and submitting this Agreement
represent that the statements in your application are true.
- TERM. You agree that this Agreement will remain in full force
during the term of your domain name registration as selected, recorded,
and paid for upon registration of the domain name. Should you choose
to renew the term of your domain name registration, then the term of
this Agreement will be extended accordingly. Should you transfer your
domain name or should the domain name otherwise be transferred to another
Registrar, the terms and conditions of this contract shall cease and
shall be replaced by the contractual terms in force between domain name
registrants and the new Registrar.
- MODIFICATIONS TO AGREEMENT. You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail as per
the Notices section of this agreement. You agree to review our web site,
including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or
regular mail as per the Notices section of this agreement. Notice of
your termination will be effective on receipt and processing by us.
You agree that, by continuing to use the Services following notice of
any revision to this Agreement or change in service(s), you shall abide
by any such revisions or changes. You further agree to abide by the
CIRA dispute resolution policy ("Dispute Policy") as amended
from time to time. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your account identifier and
password that you selected when you opened your account with us. Please
safeguard your account identifier and password from any unauthorized
use. In no event will we be liable for the unauthorized use or misuse
of your account identifier or password.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered a
domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy which is incorporated
herein and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at the CIRA
website. Please take the time to familiarize yourself with this
- DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Dispute Policy in
effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold
us harmless pursuant to the terms and conditions contained in the Dispute
- CIRA POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant
to any CIRA-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an CIRA-adopted policy, (1) to correct
mistakes by a registrar or the registry in registering the name or (2)
for the resolution of disputes concerning the domain name.
- AGENCY. Should you intend to license use of a domain name to
a third party you shall nonetheless be the domain name registrant of
record and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of thedomain name. You also
represent that you have provided notice of the terms and conditions
in this Agreement to the third party and that the third party agrees
to the terms of Disclosure and Use of Registration Information (sections
18 and 19 of this Agreement).
- ANNOUNCEMENTS. We and the RSP reserve the right to distribute
information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information to add
security or to enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited
to the amount you paid for such Service(s). We and our contractors shall
not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim any
and all loss or liability resulting from, but not limited to: (1) loss
or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss of
registration and use of your domain name, or for interruption of business,
or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages.
- INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees,officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees,
from claims by third parties, including but not limited to the RSP and
CIRA relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the Service with your computer,
of any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or policy
relating to the service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained
in the CIRA Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in deactivation
of your domain name.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with CIRA
policies and procedures.
- BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy,
may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response
to that, or any other, breach by you.
- NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does not
confer immunity from objection to either the registration, reservation,
or use of the domain name.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create
any warranty not expressly made herein.
- INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
Any voluntary information we request is collected such that we can continue
to improve the products and services offered to you through your RSP.
- Your name and postal address (or, if different, that of the domain
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
- The Internet Protocol number of the primary name server and secondary
name server(s) for each domain name registration and the corresponding
names of those name servers.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to CIRA, to the registry administrators, and to other
third parties as CIRA and applicable laws may require or permit. You
further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the domain
name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or
permitted by CIRA and the applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided
by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of
your registration of the domain name. You hereby irrevocably waive any
and all claims and causes of action you may have arising from such disclosure
or use of your domain name registration information by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure, alteration
or destruction of that information
- REVOCATION. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided
to us, or your failure to respond for over fifteen 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.
- RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register
you for other Services within thirty (30) calendar days from receipt
of your payment for such services. In the event we do not register or
reserve your domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree that
we shall not be liable to you for loss or damages that may result from
our refusal to register, reserve, or delete your domain name or register
you for other Services.
- SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full
force and effect.
- NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties.
- NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via
e-mail or via 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 email@example.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:
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
220 Lookout Place, Suite 100
Maitland, FL 32751
- ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND
THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
- INFANCY. You attest that you are of legal age to enter into
INCONSISTENCIES WITH CIRA. In the event that this Agreement may
be inconsistent with any term, condition , policy or procedure of CIRA,
the term, condition, policy or procedure of CIRA shall prevail.
- 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.