(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
(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
(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:
(A) The Uniform Domain Name Dispute Resolution Policy
(“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and
Rules (“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(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
(e) .mobi Domains. In
the case of a “.mobi” registration, the following
terms and conditions will apply:
(i) You agree to adhere to
operational standards, policies, procedures, and practices for the .mobi TLD established from time to time by the Registry;
(ii) Notwithstanding anything in this Agreement to the
contrary, mTLD Top Level Domain Ltd. (“dotmobi”), the registry operator of the .mobi TLD, is and shall be an intended third party beneficiary
of this Agreement. As such, the parties to this Agreement acknowledge and agree
that the third party beneficiary rights of dotmobi
have vested and that dotmobi has relied on hits third
party beneficiary rights under this Agreement in agreeing to our being a
registrar for the .mobi top-level domain.
Additionally, the third party beneficiary rights of dotmobi
shall survive any termination or expiration of this Agreement.
(iii) You consent to the use, copying, distribution,
publication, modification and other processing of your personal data in a
manner consistent with registry and registrar policies and with relevant
mandatory local data protection, laws and privacy;
(iv) You agree to submit to
proceedings commenced under ICANN’s Uniform Domain Name
Dispute Resolution Policy (“UDRP”);
(v) You will immediately correct and update the
registration information for your registered domain name during the
registration term; and
(vi) You agree to be bound by the terms and conditions
of the initial launch and general operations of the .mobi
TLD, including without limitation, the Limited Industry Launch, the Sunrise
Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the
Premium Name Allocation Process, and the General Registration Period, and
further to acknowledge that neither we nor the registry have any liability of
any kind for any loss or liability resulting from the proceedings and processes
relating to the Limited Industry Launch, the Sunrise period, the Land Rush
Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation
Process, and the General Registration Period including, without limitation: (a)
the ability or inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute made during the limited
industry launch or over a Sunrise Registration.
(vii) You agree that we and/or the registry reserve
the right to deny, cancel or transfer any registration that it deems necessary,
in its discretion (i) to protect the integrity and
stability of the registry; (ii) to comply with all applicable laws, government
rules or requirements, requests of law enforcement, in compliance with any
dispute resolution process; (iii) to avoid any liability, civil or criminal, on
the part of the Registry as well as its affiliates, subsidiaries, officers,
directors, representatives, employees and stockholders; (iv) for violation of
the terms and conditions herein; or (v) to correct mistakes made by the
registry or any registrar in connection with a domain name registration. We
also reserve the right to freeze a domain name during resolution of a dispute.
(viii) You acknowledge and agree that you will comply
with the requirements, standards, policies, procedures and practices set forth
in the dotmobi Style Guide ( www.mtld.mobi ) and consent to the
monitoring of the website as described in the dotmobi
Style Guide monitoring guidelines ( www.mtld.mobi
) for compliance with the Style Guide. Furthermore, you acknowledge and
agree that this Style Guide is subject to modification by the registry with any
such changes appearing at the previously designated URL, and that you will
promptly comply with any such changes in the time allotted.
(f) .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.