All registrars in the .biz,
.com, .info, .name, .net, and .org top-level domains follow the Uniform
Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP").
Under the policy, most types of trademark-based domain-name disputes
must be resolved by agreement, court action, or arbitration before
a registrar will cancel, suspend, or transfer a domain name. Disputes
alleged to arise from abusive registrations of domain names (for example,
cybersquatting) may be addressed by expedited administrative proceedings
that the holder of trademark rights initiates by filing a complaint
with an approved dispute-resolution service provider.
To invoke the policy, a
trademark owner should either (a) file a complaint in a court of proper
jurisdiction against the domain-name holder (or where appropriate
an in-rem action concerning the domain name) or (b) in cases of abusive
registration submit a complaint to an approved dispute-resolution
service provider (see below for a list and links).
The following documents
on Proceedings Commenced Under the Policy
Documents Concerning the Policy
posted for public comment September 29, 1999)
Public Comments Submitted
period September 29-October 13, 1999)
concerning the layout, construction and functionality of this site
should be sent to firstname.lastname@example.org.
2001 The Internet Corporation for Assigned Names and Numbers.
In order that a party may hold a valid .ca domain name registration, TUCOWS,
requires that all registrants adhere to certain terms and conditions. As an
organization or individual applying to register, transfer or renew an .ca
domain name via the agency of DataStar Net Services and/or TUCOWS you accordingly agree as follows:
- AGREEMENT. In this Registration Agreement ("Agreement") , "we", us" and "our" refer to TUCOWS Inc. and “Services” refers to the domain name registration, transfer or renewal services provided by us as offered through
DataStar Net Services, the Registration Service Provider (“RSP”). CIRA shall refer to the entity granted the exclusive right to administer the registry for .ca domain name registrations.
- SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the domain name is not being registered for any unlawful purpose.
- FEES. As consideration for the Services you have selected, you agree to pay to us, or your respective RSP who remits payment to us on your behalf, the applicable 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"). You, by completing and submitting this Agreement represent that the statements in your application are true.
- TERM. You agree that this Agreement will remain in full force during the term of your domain name registration as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between domain name registrants and the new Registrar.
- MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any 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 regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the CIRA dispute resolution policy (“Dispute Policy”) as amended from time to time. You agree that, by maintaining the reservation or 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 modifications, you may request that your domain name be deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password.
- 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 the CIRA website. Please take the time to familiarize yourself with this policy.
- 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 in the Dispute Policy in effect at the time of the dispute. 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 contained in the Dispute Policy.
- CIRA POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an CIRA-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.
- AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name registrant 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 thedomain name. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).
- ANNOUNCEMENTS. We and the RSP 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.
- 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). We and our contractors shall not 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 mis-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.
- INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees,officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to the RSP and CIRA 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 with your computer, 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 CIRA 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 may be considered by us to 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.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain name registration shall be affected in accordance with CIRA policies and procedures.
- BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
- NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- 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: