|
(a)
|
.com/net Domains: In the case of a “.com” or “.net”
registration, the following terms and conditions will apply:
|
|
|
(i)
|
Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry;
these policies are subject to modification;
|
|
(ii)
|
For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario.
|
|
|
(b)
|
.org Domains: In the case of a “.org” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
|
|
(ii)
|
For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario.
|
|
|
(c)
|
.info Domains: In the case of a “.info” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
Registrant’s Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing
of Registrant’s personal data by Afilias, the .INFO registry,
and its designees and agents, in a manner consistent with the
purposes specified pursuant to its contract;
|
|
(ii)
|
Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
|
|
(iii)
|
For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario;
|
|
(iv)
|
Reservation of Rights. Tucows and Afilias expressly reserve the
right to deny, cancel, transfer, or modify any registration
that either registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the
registry, to comply with any applicable law, any government
rule or requirement, any request of law enforcement, any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well
as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents. The
registrar and Afilias also reserve the right to suspend a
domain name or its registration data during resolution of a
dispute.
|
|
|
(d)
|
.biz Domains. In the case of a “.biz” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
.biz Restrictions. Registrations in the .biz top-level domain
must be used or intended to be used primarily for bona fide
business or commercial purposes. For the purposes of the .biz
registration restrictions, “bona fide business or commercial
use” shall mean the bona fide use or bona fide intent to use
the domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users to
access one or more host computers through the DNS:
|
|
|
(A)
|
to exchange goods, services, or property of any kind;
|
|
(B)
|
in the ordinary course of business; or
|
|
(C)
|
to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the ordinary
course of trade or business.
|
|
|
For more information on the .biz restrictions, which are
incorporated herein by reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
|
|
(ii)
|
Selection of a Domain Name. You represent that:
|
|
|
(A)
|
the data provided in the domain name registration
application is true, correct, up to date and complete,
and that you will continue to keep all of the information
provided correct, up-to-date and complete;
|
|
(B)
|
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;
|
|
(C)
|
that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
|
|
(D)
|
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;
|
|
(E)
|
you have the authority to enter into this Registration
Agreement; and
|
|
(F)
|
the registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
|
|
|
(iii)
|
Provision of Registration Data. As part of the registration
process, you are required to provide us with certain
information and to keep the information true, current,
complete, and accurate at all times. The information includes
the following:
|
|
|
(A)
|
your full name;
|
|
(B)
|
your postal address;
|
|
(C)
|
your e-mail address;
|
|
(D)
|
your voice telephone number;
|
|
(E)
|
your fax number (if applicable);
|
|
(F)
|
the name of an authorized person for contact purposes in
the case of a registrant that is an organization,
association, or corporation;
|
|
(G)
|
the IP addresses of the primary nameserver and any
secondary nameserver for the domain name;
|
|
(H)
|
the corresponding names of the primary and secondary
nameservers;
|
|
(I)
|
the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and
|
|
(J)
|
any remark concerning the domain name that should appear
in the Whois directory.
|
|
(K)
|
You agree and understand that the foregoing registration
data will be publicly available and accessible on the
Whois directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with the
ICANN agreement.
|
|
|
(iv)
|
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:
|
|
|
|
(collectively, the “Dispute Policies”).
|
|
(v)
|
The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry or Registrar over the registration and
use of an Internet domain name registered by Registrant.
|
|
(vi)
|
The 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.
|
|
(vii)
|
For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario.
|
|
|
(e)
|
.name Domains. In the case of a “.name” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
.name Restrictions. Registrations in the .name top-level domain
must constitute an individual’s “Personal Name”. For purposes
of the .name restrictions (the “Restrictions”), a “Personal
Name” is a person’s legal name, or a name by which the person
is commonly known. A “name by which a person is commonly known”
includes, without limitation, a pseudonym used by an author or
painter, or a stage name used by a singer or actor.
|
|
(ii)
|
.name Representations. As a .name domain name registrant, you
hereby represent that:
|
|
|
(A)
|
the registered domain name or second level domain (“SLD”)
e-mail address is your Personal Name.
|
|
(B)
|
the data provided in the domain name registration
application is true, correct, up to date and complete and
that you will continue to keep all of the information
provided correct, current and complete,
|
|
(C)
|
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;
|
|
(D)
|
that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
|
|
(E)
|
the registration satisfies the Eligibility Requirements
found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
|
|
(F)
|
you have the authority to enter into this Registration
Agreement.
|
|
|
(iii)
|
E-mail Forwarding Services. The Services for which you
have registered may, at your option, include e-mail forwarding.
To the extent you opt to use e-mail forwarding, you are obliged
to do so in accordance with all applicable legislation and are
responsible for all use of e-mail forwarding, including the
content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and
e-mail usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding:
|
|
|
(A)
|
to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to
the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright
and/or proprietary rights or publishing defamatory
material;
|
|
(B)
|
to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or
network or breaching the security or access control
without the sufficient approval of the owner of the
system or network;
|
|
(C)
|
to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, wilful
attempts to overload another system or other forms of
harassment; or
|
|
(D)
|
for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited e-mail, junk mail, the
use of distribution lists (mailing lists) which include
persons who have not specifically given their consent to
be placed on such distribution list. Users are not
permitted to provide false names or in any other way to
pose as somebody else when using e-mail forwarding.
|
|
|
(iv)
|
Registry reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of
abuse from entering Registry’s e-mail forwarding. However, due
to the nature of such systems, which actively block messages,
Registry shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us
to give feedback on the decision.
|
|
(v)
|
You understand and agree that Registry may delete material that
does not conform to clause (c) above or that in some other way
constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block your
access to e-mail forwarding if you use e-mail forwarding in a
way that contravenes this Agreement. You will be given prior
warning of discontinuation of the e-mail forwarding unless it
would damage the reputation of Registry or jeopardize the
security of Registry or others to do so. Registry reserves the
right to immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail forwarding is
threatened in any way, or if you are in breach of this
Agreement. On discontinuing e-mail forwarding, Registry is not
obliged to store any contents or to forward unsent e-mail to
you or a third party.
|
|
(vi)
|
You understand and agree that to the extent either we and/or
Registry is required by law to disclose certain information or
material in connection with your e-mail forwarding, either we
and/or Registry will do so in accordance with such requirement
and without notice to you.
|
|
(vii)
|
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. You hereby acknowledge that you have 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.
|
|
|
|
(viii)
|
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD e-mail addresses will be granted on
a first-come, first-served basis. The following categories of
Personal Name Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights in that
character’s Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning
or the end of the Personal Name so as to differentiate it from
other Personal Names.
|
|
(ix)
|
The ERDRP applies to challenges to (i) registered domain names
and SLD e-mail address registrations within .name on the
grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined
by the Registry) within .name.
|
|
(x)
|
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and party other than the
Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant.
|
|
(xi)
|
For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario.
|
|
32.
|
(a)
|
.at Domains. In the case of a “.at” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted
on the Registry website at
http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
|
|
|
(b)
|
.be Domains. In the case of a “.be” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted
on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
|
|
(ii)
|
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 .be 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.dns.be/en/home.php?n=53.
|
|
|
(c)
|
.ca Domains. In the case of a “.ca” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
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.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
|
|
(ii)
|
Registry Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Registry-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a
Registry adopted policy, (1) to correct mistakes by Tucows or
the Registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
|
|
(iii)
|
Transfer of Ownership. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with
registry policies and procedures.
|
|
(iv)
|
Registry Agreement and Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by the Registry’s Registrant Agreement, the
Registry’s policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry agreement or policy,
your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
|
|
(v)
|
You acknowledge and agree that the Registry shall not be liable
to you for any loss, damage, or expense arising out of the
Registry’s failure or refusal to register a domain name, it’s
failure or refusal to renew a domain name registration, it’s
registration of a domain name, it’s failure or refusal to renew
a domain name registration, it’s renewal of a domain name
registration, it’s failure or refusal to transfer a domain name
registration, it’s transfer of a domain name registration, it’s
failure or refusal to maintain or modify a domain name
registration, it’s maintenance of a domain name registration,
it’s modification of a domain name registration, it’s failure
to cancel a domain name registration or it’s cancellation of a
domain name registration from the Registry;
|
|
|
(d)
|
.cc Domains. In the case of a “.cc” registration, the
following terms and conditions will apply:
|
|
|
(i)
|
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
|
|
(ii)
|
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted
on the Registry website at:
http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
|
|
|
(e)
|
.ch Domains. In the case of a “.ch” registration, the
following terms and conditions shall apply:
|
|
|
(i)
|
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted
on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
|
|
(ii)
|
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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
|
|
|
(f)
|
.cn Domains. In the case of a “.cn” registration, the
following terms and conditions shall apply:
|
|
|
(i)
|
“Registry” means the China Internet Network Information Center,
which is the authority responsible for the administration of
the national top-level domain of the People’s Republic of China
and the Chinese domain name system;
|
|
(ii)
|
“Registry Gateway” means the service provided by the Registry
Operator that facilitates the registration of .cn domain names
by registrars operating outside of the People’s Republic of
China;
|
|
(iii)
|
“Registry Operator“ means Neustar, Inc., the company authorized
to facilitate the registration of .cn domain names by
registrars operating outside of the People’s Republic of China.
|
|
(iv)
|
Restrictions. You agree that you shall not register or use a
domain name that is deemed by CNNIC to:
|
|
|
(A)
|
be against the basic principles prescribed in the
Constitution of the Peoples Republic of China (“PRC”);
|
|
(B)
|
jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of
the PRC;
|
|
(C)
|
harm national honour and national interests of the PRC;
|
|
(D)
|
instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the
PRC;
|
|
(E)
|
spread rumours, disturb public order or disrupt social
stability of the PRC;
|
|
(F)
|
spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
|
|
(G)
|
insult, libel against others and infringe other people’s
legal rights and interests in the PRC; or
|
|
(H)
|
take any other action prohibited in laws, rules and
administrative regulations of the PRC.
|
|
|
(v)
|
Business or Organization Representation. .cn domain name
registrations are intended for businesses and organizations and
not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain name
on behalf or a business or organization. It should be noted
that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a
complaint (as opposed to proactive review), registrations that
are not associated with an organization or business may be
subject to deletion. The foregoing prevents an individual from
registering a .cn domain name for a business operating as a
sole proprietorship.
|
|
(vi)
|
Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions of
the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy (“Dispute Policy”), as they may be
amended from time to time, which are hereby incorporated and
made an integral part of this Agreement. The Dispute Policy is
currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
|
|
(vii)
|
You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions
including the provision of all relevant evidence in any domain
name disputes in the specified time frames.
|
|
(viii)
|
If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our
domain name registration services, you agree not to make any
changes to your domain name record without our prior approval.
We may not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and
the other party contesting your registration and use of our
domain name registration services that the dispute has been
settled. Furthermore, you agree that if you are subject to
litigation regarding your registration and use of our domain
name registration services, we may deposit control of your
domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
|
|
(ix)
|
Adherence to Policies. You agree to comply with all applicable
laws, regulations and policies of the Peoples Republic of
China’s governmental agencies and the China Internet Network
Information Centre (“CNNIC”), including but not limited to the
following rules and regulations:
|
|
|
|
You acknowledge that you have read and understood and agree to
be bound by the terms and conditions of the policies of the
CNNIC, as they may be amended from time to time.
|
|
(x)
|
Suspension and Cancellation. You agree that your registration
of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry
Operator, CNNIC or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a
CNNIC or government-adopted policy, (1) to correct mistakes by
a party in registering the name, (2) for the resolution of
disputes concerning the domain name, (3) to protect the
integrity and stability of the registry, (4) to comply with any
applicable laws, government rules or requirements, requests of
aw enforcement, (5) to avoid any liability, civil or criminal,
on the part of Tucows, Registry Operator or CNNIC, as well as
their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of this
Agreement. Tucows, Registry Operator and CNNIC also reserve the
right to “freeze” a domain name during the resolution of a
dispute.
|
|
(xi)
|
Jurisdiction. For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, (2) where Tucows is located, and (3) the
People’s Republic of China.
|
|
(xii)
|
Governing Law. For the adjudication of a dispute concerning or
arising from use of a .cn domain, such dispute will be governed
under the Laws of the Peoples Republic of China.
|
|
|
(g)
|
.de Domains. In the case of a “.de” registration, the
following terms and conditions will apply:
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(i)
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Selection of a Domain Name. You represent that:
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(A)
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you have reviewed and have accepted the Registry’s Terms
and Conditions and the Registry’s Guidelines and have
provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and
have provided your Reseller with written confirmation of
same;
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(B)
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either you, or the person designated as the
administrative contact for the domain name, shall be
resident or shall have a branch in Germany;
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(C)
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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.
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(ii)
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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 by the Registry
or any court of law. 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 specified
by the Registry or any court of law.
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(iii)
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Registry Policies. You agree to be bound by the Registry’s
Registration Terms and Conditions and the Registration
Guidelines. English language translations of the Registry’s
documents are provided for convenience; in the event of a
discrepancy between the English and the German language
agreements, the terms of the German agreement will prevail. The
Registry documents may be found at:
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(h)
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.eu domains. In the case of a “.eu” registration, the
following terms and conditions will apply:
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(i)
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Eligibility Criteria. .eu domain names are available for
registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly
represent that you are:
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(A)
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an undertaking having its registered office, central
administration or principal place of business within the
European Community;
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(B)
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an organization established within the European Community
without prejudice to the application of national law, or
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(C)
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a natural person resident within the European Community.
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(ii)
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Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted
on the Registry website. Registration policies of the Registry
and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
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(iii)
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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 by the Registry
or any court of law.
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(i)
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.fr Domains. In the case of a “.fr” registration, the
following terms and conditions will apply:
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(i)
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Representation of Registrant. .fr domain names are available
for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you
accordingly represent that you are:
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(A)
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A legal entity:
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(I)
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whose head office is in France; (or),
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(II)
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which possess an address in France which is
expressly listed in the public electronic databases
of the registrars of the commercial courts or the
National Statistical and Economic Studies Institute
(INSEE), (or),
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(III)
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State institutions or departments, local
authorities or associated establishments, (or),
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(IV)
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which own a trademark registered with the National
Intellectual Property Institute or own a registered
EU or international trademark which expressly
includes French territory.
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(ii)
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Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between
the registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based
in France where it can receive legal and other documents.
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(iii)
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Registry Policies. You agree to be bound by the
Registry’s Naming Charter, its registration rules for
.fr. English language translations of the Registry’s
documents are provided for convenience. The Registry
documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr.
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(iv)
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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 by the Registry or any court of law. The
current .fr dispute resolution policy and procedures can
be found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified
by the Registry or any court of law.
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(j)
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.it Domains. In the case of a “it” registration, the
following terms and conditions shall apply:
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(i)
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Registration Criteria. Registration of an .it name is
restricted to subjects belonging to a member state of the
European Union. Individuals and associations operating
without a VAT number or a fiscal code are limited to a
single domain name registration.
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(ii)
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Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. Additional policies,
including transfer procedures and “netiquette” rules may
be found at http://www.nic.it/NA/index-engl.html.
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(k)
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.nl Domains. In the case of a “.nl” registration, the
following terms and conditions shall apply:
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(i)
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Registration Criteria. Registration of a .nl domain name
is unrestricted save and except that applicants who are
not based in the Netherlands or who do not have a
registered address in the Netherlands must provide an
address in the Netherlands where written documents can be
sent to the applicant and where legal summonses can be
served.
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(ii)
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Registry Policies. You agree to be bound by the policies
of the Registry including but not limited to the
Registry’s Registration Regulations. English language
translations of the Registry’s documents are provided for
convenience and may be found at:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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 by the Registry or
any court of law. The current .nl dispute resolution
policy and procedures can be found at
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified
by the Registry or any court of law.
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(l)
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.tv Domains. In the case of a “.tv” registration, the
following terms and conditions will apply:
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(i)
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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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this
policy.
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(ii)
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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.
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(m)
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.uk Domains. In the case of a .uk registration, the
following terms and conditions will apply:
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(i)
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“Nominet UK” means the entity granted the exclusive right
to administer the registry for .uk domain name
registrations.
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(ii)
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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.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this
policy.
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(iii)
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Nominet UK Policy. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Nominet
UK-adopted policy, term or condition, or pursuant to any
registrar or registry procedure not inconsistent with an
Nominet UK-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. The current Nominet UK terms and conditions can be
found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into
two contracts – one contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your
behalf by submitting your application to Nominet for you,
however, you will still be entering into a direct
contract between you and Nominet UK. This is a separate
contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by
accepting Nominet’s terms and conditions you are
consenting to Nominet using your personal data for a
variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up
service.
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(iv)
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Transfer of Ownership. Any transfer of ownership in and
to a domain name registration shall be affected in
accordance with Nominet UK policies and procedures.
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(n)
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.us Domains. In the case of a “.us” registration, the
following terms and conditions will apply:
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(i)
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“DOC” means the United States of America Department of
Commerce.
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(ii)
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“.us Nexus Requirement”. Only those individuals or
organizations that have a substantive lawful connection
in the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the
nexus requirement (“Nexus” or “Nexus Requirements”) set
out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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(iii)
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Selection of a Domain Name. You certify and represent
that:
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(A)
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You have and shall continue to have, a bona fide
presence in the United States on the basis of real
and substantial lawful contacts with, or lawful
activities in, the United States as defined in
Section (ii) hereinabove;
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(B)
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The listed name servers are located within the
United States;
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(C)
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The data provided in the domain name registration
application is true, correct, up to date and
complete, and that you will continue to keep all of
the information provided correct, up-to-date and
complete;
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(D)
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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;
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(E)
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That the domain name is not being registered for
nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
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(E)
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You have the authority to enter into this
Registration Agreement.
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(iv)
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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 and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself
with these policies.
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(v)
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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:
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(A)
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The Nexus Dispute Policy (“Dispute Policy),
available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties
with an opportunity to challenge a registration not
complying with the Nexus Requirements.
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(B)
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The usTLD Dispute Resolution Policy (“usDRP”)
available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties
with an opportunity to challenge a registration
based on alleged trademark infringement.
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(C)
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In addition to the foregoing, you agree that, for
the adjudication of disputes concerning or arising
from use of the Registered Name, you shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts
(i) of your domicile, (ii) where Tucows is located,
and (iii) the United States.
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(vi)
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Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, the
DOC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a
DOC 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. The Registry Operator’s policies can be
found at http://www.neustar.us/policies.
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(vii)
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Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
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(viii)
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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:
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(A)
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Your full name, postal address, e-mail address and
telephone number and fax number (if available) (or,
if different, that of the domain name holder);
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(B)
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The domain name being registered;
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(C)
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The name, postal address, e-mail address, and
telephone number and fax number (if available)
telephone numbers of the administrative contact,
the technical contact and the billing contact for
the domain name;
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(D)
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The IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the
domain name;
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(ix)
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In addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus
Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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
Reseller.
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(x)
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Disclosure and Use of the Registration Information. You
agree and acknowledge that we will make domain name
registration information you provide available to the
DOC, to the Registry Operator, 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 the DOC and
applicable laws.
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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 Reseller.
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.
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33. WHOIS PRIVACY SERVICE. The following terms and
conditions will apply if you subscribe to the Whois Privacy Service:
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(a)
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Subscribers to the Whois Privacy Service have elected to
include the following information in the publicly available
Whois Registry:
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(i)
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Contactprivacy.com shall appear as the Registrant and
Contacts name(s);
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(ii)
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Tucows’ postal address and a Tucows assigned email
address and telephone number shall appear on behalf of
the Registrant and the Contact(s);
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(iii)
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The primary and secondary nameservers shall be those
designated by the Registrant;
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(iv)
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The original date of registration and the expiration of
each domain name;
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(v)
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Tucows will be identified as the registrar of record.
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(b)
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You understand and agree that the Registrant and Contact
Information that you have provided will be kept on file. You
further agree and warrant that you will ensure that the Whois
Information is true, accurate and up to date.
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(c)
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You will will retain complete control over the domain name and
its registration records and may suspend and reinstate the
Whois Privacy Service at your discretion.
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(d)
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The Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been
transferred but it will only commence after the transfer has
been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be disabled
in order to initiate the transfer.
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(e)
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We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
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(f)
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Communications Forwarding. Communications received with respect
to a particular domain name registration will be handled as
follows:
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(i)
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We will forward to you or a Contact all correspondence
received by registered mail or traceable courier. This
information may be opened, scanned and emailed to you or
your Contact.. Regular postal mail will be discarded or
returned to sender at our discretion.
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(ii)
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Email correspondence will be forwarded according to the
instructions of the Registrant as they appear in our
records.
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(iii)
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A voice mail message will advise all callers that inbound
messages will not be accepted; calls will be directed to
the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
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(iv)
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We will only be responsible for forwarding communications
where our details have appeared in the whois and when
your Whois Information is accurate, complete and up to
date.
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(g)
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Right to Suspend and Disable. We shall have the right, at our
sole discretion and without liability to you or any of your
Contacts, suspend or cancel your domain name and to reveal
Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
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(i)
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when required by law;
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(ii)
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in the good faith belief that disclosure is necessary to
further determination of an alleged breach of a law;
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(iii)
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to comply with a legal process served upon Tucows;
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(iv)
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to resolve any and all third party claims including but
not limited to ICANN’s or a Registry’s dispute resolution
policy;
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(v)
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to avoid financial loss or legal liability
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(v)
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to avoid financial loss or legal liability
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(vi)
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if we believe that you or one of your Contacts is using
the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or
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(vii)
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to transmit SPAM, viruses, worms or other harmful
computer programs.
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(h)
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You understand and agree that, in the event that we receive a
formal complaint, notice of claim or UDRP, that we will have
the right to disable the Whois Privacy Service pending final
disposition of the matter.
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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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