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SCHEDULE
B
Form
of Registration Agreement
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 domain name registration provided by us as offered through ACME
COMMERCE SDN BHD (“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:
(i) the
data provided in the domain name registration application is true,
correct, up to date and complete,
(ii) 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;
(iii) that
the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever
(iv) the
registered domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal use, or
(b) solely for the purposes of (1) selling, trading or leasing the
domain name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation;
(v) you
have the authority to enter into this Registration Agreement; and
(vi) the
registered domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
3. FEES.
As consideration for the Services you have selected, you agree to
pay the 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.
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
acknowledge having read and understood and agree to be bound by the
terms and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and made an
integral part of this Agreement:
(i) The
Uniform Domain Name Dispute Resolution Policy (“Dispute Policy),
available at http://www.icann.org/udrp/udrp.htm;
(ii) The
Start-Up Dispute Resolution Policy (“SUDRP?, available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The
Restrictions Dispute Resolution Criteria and Rules (“RDRP?,
available at http://www.neulevel.com/;
(collectively,
“Dispute Policies?.
The SUDRP
sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name (“Registrant? with
any third party (other than Neulevel, Inc. (“Registry Operator?
or Tucows over the registration or use of a .biz domain name
registered by you that is subject to the Start-up Intellectual
Property Notification Service (“SIPNS?. SIPNS is a
service introduced by Registry Operator to notify a trademark or
service mark holder (“Claimant? that a second-level domain name
has been registered in which that Claimant claims intellectual
property rights. In accordance with the SUDRP and its
associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute
resolution providers.
The Dispute
Policy sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry
Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
he RDRP
sets forth the terms under which any allegation that a domain name
is not used primarily for business or commercial purposes shall be
endorsed on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
9. POLICY.
You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, 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.
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. 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 (USD500.00) dollars.
12. INDEMNITY.
You
agree to release, indemnify, and hold us, our 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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 domreg@webserver.com.my,
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:
ACME COMMERCE SDN BHD.
Lot 17.05, 17th. Floor,
Wisma MPL, Jalan Raja Chulan,
50020 Kuala Lumpur.
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.
24. 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.
25. 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.
26. INFANCY.
You attest that you are of legal age to enter into this Agreement.
27. 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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