(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 (?DRP? (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? domicile, and (2) where Tucows is located, presently Toronto, Ontario. |
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(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 (?DRP? (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? domicile, and (2) where Tucows is located, presently Toronto, Ontario. |
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(c) |
.info Domains: In the case of a ?info?registration, the following terms and conditions will apply: |
|
(i) |
Registrant? Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant? 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 (?DRP? (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? 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. |
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(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, ?ona 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. |
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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. |
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(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: |
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(collectively, the ?ispute 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? domicile, and (2) where Tucows is located, presently Toronto, Ontario. |
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(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? ?ersonal Name? For purposes of the .name restrictions (the ?estrictions?, a ?ersonal Name?is a person? legal name, or a name by which the person is commonly known. A ?ame 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 (?LD? 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? 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. |
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|
(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? 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? domicile, and (2) where Tucows is located, presently Toronto, Ontario. |
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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? 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? 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? Registrant Agreement, the 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.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry? 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? failure or refusal to register a domain name, it? failure or refusal to renew a domain name registration, it? registration of a domain name, it? failure or refusal to renew a domain name registration, it? renewal of a domain name registration, it? failure or refusal to transfer a domain name registration, it? transfer of a domain name registration, it? failure or refusal to maintain or modify a domain name registration, it? maintenance of a domain name registration, it? modification of a domain name registration, it? failure to cancel a domain name registration or it? cancellation of a domain name registration from the Registry; |
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(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? 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? 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. |
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(f) |
.cn Domains. In the case of a ?cn?registration, the following terms and conditions shall apply: |
|
(i) |
?egistry?means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People? Republic of China and the Chinese domain name system; |
(ii) |
?egistry Gateway?means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People? Republic of China; |
(iii) |
?egistry Operator?means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People? 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 (?RC?; |
(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? 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 (?ispute 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? governmental agencies and the China Internet Network Information Centre (?NNIC?, including but not limited to the following rules and regulations: |
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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 ?reeze?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? domicile, (2) where Tucows is located, and (3) the People? 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. |
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(g) |
.de Domains. In the case of a ?de?registration, the following terms and conditions will apply: |
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(i) |
Selection of a Domain Name. You represent that: |
|
(A) |
you have reviewed and have accepted the Registry? Terms and Conditions and the Registry? Guidelines and have provided your Reseller with written confirmation of same;you have reviewed and have accepted the Registry? Terms and Conditions and the Registry? Guidelines and have provided your Reseller with written confirmation of same; |
(B) |
either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany; |
(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 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. |
|
(ii) |
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. |
(iii) |
Registry Policies. You agree to be bound by the Registry? Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry? 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) |
.eu domains. In the case of a ?eu?registration, the following terms and conditions will apply: |
|
(i) |
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: |
|
(A) |
an undertaking having its registered office, central administration or principal place of business within the European Community; |
(B) |
an organization established within the European Community without prejudice to the application of national law, or |
(C) |
a natural person resident within the European Community. |
|
(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. 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? 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. |
(iii) |
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) |
.fr Domains. In the case of a ?fr?registration, the following terms and conditions will apply: |
|
(i) |
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) |
A legal entity: |
|
(I) |
whose head office is in France; (or), |
(II) |
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), |
(III) |
State institutions or departments, local authorities or associated establishments, (or), |
(IV) |
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) |
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. |
(iii) |
Registry Policies. You agree to be bound by the Registry? Naming Charter, its registration rules for .fr. English language translations of the Registry? documents are provided for convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
(iv) |
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) |
.it Domains. In the case of a ?t?registration, the following terms and conditions shall apply: |
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(i) |
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. |
(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.nic.it/NA/regole-naming-curr-engl.txt. You are responsible for monitoring the Registry? 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 ?etiquette?rules may be found at http://www.nic.it/NA/index-engl.html. |
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(k) |
.nl Domains. In the case of a ?nl?registration, the following terms and conditions shall apply: |
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(i) |
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. |
(ii) |
Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry? Registration Regulations. English language translations of the Registry? 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) |
.tv Domains. In the case of a ?tv?registration, the following terms and conditions will apply: |
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(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.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy. |
(ii) |
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) |
.uk Domains. In the case of a .uk registration, the following terms and conditions will apply: |
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(i) |
?ominet UK?means the entity granted the exclusive right to administer the registry for .uk domain name registrations. |
(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 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. |
(iii) |
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? 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? Whois look-up service. |
(iv) |
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) |
.us Domains. In the case of a ?us?registration, the following terms and conditions will apply: |
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(i) |
?OC?means the United States of America Department of Commerce. |
(ii) |
?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 (?exus?or ?exus Requirements? set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
(iii) |
Selection of a Domain Name. You certify and represent that: |
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(A) |
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; |
(B) |
The listed name servers are located within the United States; |
(C) |
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; |
(D) |
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; |
(E) |
That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; |
(E) |
You have the authority to enter into this Registration Agreement. |
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(iv) |
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. |
(v) |
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) |
The Nexus Dispute Policy (?ispute 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. |
(B) |
The usTLD Dispute Resolution Policy (?sDRP? 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. |
(C) |
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) |
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? policies can be found at http://www.neustar.us/policies. |
(vii) |
Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove. |
(viii) |
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) |
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); |
(B) |
The domain name being registered; |
(C) |
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; |
(D) |
The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; |
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(ix) |
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. |
(x) |
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. |
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
(a) |
Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry: |
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(i) |
Contactprivacy.com shall appear as the Registrant and Contacts name(s); |
(ii) |
Tucows?postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s); |
(iii) |
The primary and secondary nameservers shall be those designated by the Registrant; |
(iv) |
The original date of registration and the expiration of each domain name; |
(v) |
Tucows will be identified as the registrar of record. |
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(b) |
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. |
(c) |
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. |
(d) |
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. |
(e) |
We will send all obligatory renewal and transfer related messages to the Contacts you have designated. |
(f) |
Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows: |
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(i) |
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. |
(ii) |
Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records. |
(iii) |
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. |
(iv) |
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) |
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) |
when required by law; |
(ii) |
in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; |
(iii) |
to comply with a legal process served upon Tucows; |
(iv) |
to resolve any and all third party claims including but not limited to ICANN? or a Registry? dispute resolution policy; |
(v) |
to avoid financial loss or legal liability |
(v) |
to avoid financial loss or legal liability |
(vi) |
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 |
(vii) |
to transmit SPAM, viruses, worms or other harmful computer programs. |
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(h) |
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. |
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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