SCHEDULE
A
1. AGREEMENT. In this Registration Agreement ("Agreement") "Registrant", "you" and "your" refer
to the registrant of each domain name registration, "we", "us" and "our" refer
to Tucows Inc., "Registry Operator" refers to NeuStar,
Inc., "CNNIC" refers to the China Network Information Centre,
and "Services" refers to the domain name registration provided
by us as offered through Helping Host("Reseller").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. REPRESENTATIONS AND WARRANTIES. You certify and represent that:
(a) You have supplied all of the information
required in the domain name registration application ("Application")
and further, that the data provided in the 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) You have the requisite power and authority to enter into this
Registration Agreement and to perform the obligations hereunder.
3. 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.
4. 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: (i) China Internet Domain Name Regulations
(currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC
Detailed Rules of Internet Domain Name Registration Administration
(currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC
Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/doc/e-9.shtml). 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.
5. FEES. As consideration for the Services
you have selected, you agree to pay Reseller the applicable service(s)
fees. All fees payable
hereunder are non-refundable. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current,
complete and accurate. All such information shall be referred to
as account information ("Account Information"). By submitting
this Agreement, you represent that the statements in your Application
are true, complete and accurate.
6. TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded,
and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration,
the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
7. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such
revision or change which shall be effective immediately upon posting
on our web site or upon notification to you by e-mail or your country's
postal service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site periodically
to maintain an awareness of any and all such revisions. If you do
not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice
of your termination shall be effective after processing by us. You
agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall
be bound by any such revisions and changes. You acknowledge that
if you do not agree to any such modifications, you may request that
your domain name be deleted from the domain name database. We will
not refund any fees paid by you if you terminate your agreement with
us.
8. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records
appropriate to document and prove the initial registration date of
the domain name. In order to change any of your account information
with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. You agree to safeguard
your Account Identifier and Password from any unauthorized use. In
no event shall we be liable for the unauthorized use or misuse of
your Account Identifier or Password.
9. 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")s, 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/ruler/20.shtml
and http://www.cnnic.net.cn/doc/e-10.shtml.
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.
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.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge that
the Dispute Policy may be modified from time to time. Any such revised
policy on our Web site at least fourteen (14) calendar days before
it becomes effective. You agree that, by maintaining the registration
of your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate
your Agreement with us.
11. 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.
12. AGENCY. Should you intend to license use of a domain name to
a third party you shall nonetheless be the domain name holder of
record and are therefore responsible for providing your own full
contact information and for providing and updating accurate technical
and administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice of
the terms and conditions in this Agreement to a third party licensee
and that the third party agrees to the terms hereof.
13. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
14. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited
to the amount you paid for such Service(s). Neither we nor our contractors
or third party beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use
or inability to use any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any
and all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration
and use of your domain name, or for interruption of business, or
any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we
have been advised of the possibility of such damages. In no event
shall our maximum liability exceed five hundred ($500.00) dollars.
15. INDEMNITY. You agree to release, indemnify, and hold Tucows,
the Registry Operator, CNNIC, our respective contractors, agents,
employees, officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating
rules or policy relating to the Service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to the terms
and conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide
those assurances shall be a breach of your Agreement and may result
in deactivation of your domain name. This indemnification obligation
will survive the termination or expiration of this agreement.
16. TRANSFER OF OWNERSHIP. The person
named as registrant on the WHOIS shall be the registered name holder.
The person named as administrative
contact at the time the controlling user name and password are secured
shall be deemed the designate of the registrant with the authority
to manage the domain name. You agree that prior to transferring ownership
of your domain name to another person (the Transferee") you
shall require the Transferee to agree in writing to be bound by all
the terms and conditions of this Agreement. Your domain name may
not be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined
by us in our sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable fashion
(as determine by us in our sole discretion) to the terms and conditions
in this Agreement, any such transfer will be null and void. You acknowledge
that you will not be entitled to change registrars during the first
sixty (60) days following the registration of your domain name.
17. BREACH. You agree that failure to abide by any provision of
this Agreement may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you.
If you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other
breach by you.
18. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
19. DISCLAIMER OF WARRANTIES. You agree
that your use of our Services is solely at your own risk. You agree
that such Service(s) is provided
on an "as is, "as available" basis. We expressly disclaim
all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use
of the Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done
at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. If
you license use of the domain name, you nonetheless agree that you
shall accept any and all liability for any harm caused by said licensed
use and suffered by Tucows, the Registry Operator and/or CNNIC. No
advice or information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not expressly
made herein.
20. 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:
(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.
21. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information
you provide available to CNNIC, 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 CNNIC and
applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration information
by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by
us through your Reseller.
Any information collected by us concerning
an identified or identifiable natural person ("Personal Data")
will be used in connection with the registration of your domain
name(s) and for the purposes
of this Agreement and as required or permitted by CNNIC, Registry
Operator policy or pursuant to any applicable laws and regulations.
The parties shall take commercially reasonable steps to protect Personal
Data from loss, misuse, unauthorized disclosure, alteration or destruction.
Neither Tucows nor Registry Operator make any representations as
to how CNNIC uses, accesses or corrects any Personal Data it receives
from the Registry Operator.
22. INACCURATE OR UNRELIABLE DATA. You
hereby represent and warrant that 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 the information provided up to date. Your wilful or negligent
provision of inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure to
respond to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact appearing
in the "Whois" directory with respect to a domain name
concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis
for cancellation of the domain name registration. No refunds shall
be made if a domain name is deleted as a result of enforcement of
this provision.
23. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event
we do not register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We also reserve
the right to suspend a domain name during resolution of a dispute.
24. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full
force and effect.
25. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policies shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
26. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of
a breach of any provision hereof be taken or held to be a waiver
of the provision itself.
27. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it
via e-mail or via postal service. In the case of e-mail, valid notice
shall only have been deemed to be given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
, or in the case
of notification to you, to the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have
been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid
notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of notification
to us or to Reseller shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
28. ENTIRETY. You agree that this Agreement, the rules and policies
published by Tucows, CNNIC and/or the Registry Operator and the Dispute
Policy are the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established by custom,
practice, policy or precedent.
29. GOVERNING LAW. SAVE AND EXCEPT AS NOTED BELOW, THIS AGREEMENT
SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS
OF THE PROVINCE OF ONTARIO CANADA.
Notwithstanding the foregoing, for the adjudication of disputes
concerning or arising from use of the registered domain name, you
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant's domicile,
(2) where Registrar is located, and 3) the People's Republic of China.
For the adjudication of a dispute concerning or arising from use
of the domain name, such dispute shall be governed under the Laws
of the Peoples Republic of China.
30. INFANCY. You attest that you are of legal age to enter into
this Agreement.
31. FOREIGN LANGUAGE: Controlling Language. In the event that you
are reading this agreement in a language other than the English language,
you acknowledge and agree that the English language version hereof
shall prevail in case of inconsistency or contradiction in interpretation
or translation.
32. 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.