Terms and Conditions of the
.tv Registry
- 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 .tv domain
name registration provided by us as offered through DomainLot, Inc.
("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
- SELECTION OF A DOMAIN NAME. You represent that, 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.
- FEES. As consideration for the Services you have selected,
you agree to pay RSP the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that
the statements in your Application are true, complete and accurate.
Failure to maintain accurate information will be considered a material
breach of this Agreement and will entitle us to delete your domain name
registration.
- 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.
- 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 countrys
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.domainlot.com/about/udrp.php
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.
- 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.
- 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.domainlot.com/about/udrp.php.
Please take the time to familiarize yourself with this policy.
- 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. 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 Policy.
- 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.
- 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.
- 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.
- 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 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. In no event shall our maximum liability exceed five hundred
($500.00) dollars.
- INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees,officers, directors, affiliates and third
party beneficiaires 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.
- TRANSFER OF OWNERSHIP. The person named as administrative contact
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). 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.
- 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.
- 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.
- 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:
- Your name and postal address (or, if different, that of the domain
name holder);
- 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
domain name;
- 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 RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to other
third parties as applicable. You further agree and acknowledge that
we may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from
such disclosure or use of your domain name registration information
by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your
RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure, alteration
or destruction of that information.
- 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.
- 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. 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 within a
thirty (30) day period following registration if we believe the registration
has been made possible by a mistake, made either by us or by a third
party.
- 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 dnsadmin@domainlot.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification to us
or to RSP shall be sent to:
Our Address:
220 Lookout Place, Suite 100
Maitland, FL 32751
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
- 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
this Agreement.
- ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
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