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Zusätzliche
Bedingungen für die Registrierung vom .TV - Domains
Voraussetzung für die
Registrierung und Nutzung von .tv Domains ist die Anerkennung
der folgenden Bedingungen. Mit Aufgabe Ihrer Bestellung
versichern Sie, diese Bedingungen gelesen, verstanden und
anerkannt zu haben.
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 .tv
domain name registration provided by us as offered through
venturemedia (“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 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.
3.
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.
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 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.
9.
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.
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 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,
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.
14.
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.
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 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 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.
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, 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.
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 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 tvsupport@venturemedia.de,
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:
TUCOWS
Inc., 96 Mowat Avenue, Toronto, Ontario, M6K 3M1, Attention:
Legal Affairs
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.
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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