1. AGREEMENT. In this
Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "we",
us" and "our" refer to TUCOWS.com Inc. and
"Services" refers to the domain name registration
provided by us as offered through venturemedia.de, the
Registration Service Provider ("RSP"). 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, to the best of the your knowledge and
belief, neither the registration of the SLD 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.
3. 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 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"). You, by completing and submitting this
Agreement represent that the statements in your application
are true.
4. TERM. You agree that the
Registration Agreement will remain in full force during the
length of the term of your Domain Name Registration. Should
you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will
remain in full force during the length of the term of your
Domain Name Registration 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
will be extended accordingly. Should you transfer your domain
name or should the domain name otherwise be transferred due to
another Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in
force between SLD holders and the new Registrar.
5. 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 ICANN
Uniform 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.
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. 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.
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 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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. 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 Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of The Province of
Ontario.
9. ICANN POLICY. You agree that
your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any
ICANN-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN-adopted policy, (1)
to correct mistakes by Registrar or the Registry in
registering the name or (2) for the resolution of disputes
concerning the SLD name.
10. AGENCY. Should you intend
to license use of a domain name to a third party you shall
nonetheless be the SLD 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 SLD. You shall accept liability for harm caused by
wrongful use of the SLD, unless you promptly disclose the
identity of the licensee to the party providing you reasonable
evidence of actionable harm. 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).
11. 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.
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). 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 states do not
allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, 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.
13. 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 without
limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, 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 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 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.
14. TRANSFER OF OWNERSHIP. The
person named as administrative contact at the time the
controlling 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.
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 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.
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 such that we can continue
to improve the products and services offered to you through
your RSP.
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 ICANN 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 ICANN 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
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 access or 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 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 SLD
registration.
21. 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.
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 Policy 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
regular mail. 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 notification to us or to support@venturemedia.de
or, in the case of notice to you, at 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 the RSP shall be sent to:
venturemedia.de
Sebastian Gerhard
In der Steinriede 7
30161 Hannover
and in the case of notification
to you shall be to the address specified in the
"Administrative Contact" in your WHOIS record.
26. 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.
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.