Service Agreement

Domain Name Registration Terms and Conditions

Registrants Rights and Responsibilities
.au Domain Names - Registrant Agreement
.au.com Domain Names - Registrant Agreement
.nz Domain Names - Registrant Agreement
.uk Domain Names - Registrant Agreement
.cn Domain Names - Registrant Agreement
.com, .net Domain Names - Registrant Agreement
.biz, .org, .info Domain Names - Registrant Agreement
Dispute Resolution

Registrants Rights and Responsibilities

All Registrars, including PlanetDomain, are bound by the 2009 Registrar Accreditation Agreement (RAA) between ICANN and it's accredited registrars. We encourage all domain registrants to read this document and understand your rights and responsibilities for domain registrations: Registrants Rights and Responsibilities

.au Domain Names - Registrant Agreement

Summary of Terms and Conditions

If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name
You are required to make several statements to us in relation to your domain name application – please read them carefully to ensure that those statements are correct
You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see <www.auda.org.au>)
You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time
You accept that our liability and auDA's liability to you under these terms and conditions are limited

1. Definitions

In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means those specifications and policies established and published by auDA from time to time at <www.auda.org.au>.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to PlanetDomain Pty Ltd, ABN 89 122 194 745, the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.

2. General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

3. Domain names application and registration

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
All personal information pertaining to you are held by auDA for the benefit of the Australian public.

4. Domain name licence

Your Domain Name Licence will be effective for a two year period, once:
1. your application is accepted and approved by us and by the Registry Operator, and
2. you have paid the applicable fees,
unless it is cancelled earlier under the terms of this document or under any Published Policies.
Your Domain Name Licence may be renewed every two years, as long as you:
1. pay the applicable renewal fees, and
2. continue to meet the eligibility criteria prescribed in the Published Policies.
You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
You may cancel your Domain Name Licence at any time by notifying us in writing.
We may cancel your Domain Name Licence if you breach any provision of this document.

5. Your statement to us

You confirm and state to us and to auDA separately that:
1. all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
2. you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
3. you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
  1. you are relying upon the same eligibility criteria for both domain names, and
  2. the Domain Name has previously been rejected by the other registrar, and
4. your registration or use of the Domain Name does not infringe any person's legal rights, and
5. you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

6. Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
We will give you immediate notice if:
1. we are no longer an accredited registrar, or
2. our auDA Accreditation is suspended or terminated, or
3. our registrar agreement with auDA is terminated by auDA.
auDA may post notice of:
1. the act that we are no longer an accredited registrar, or
2. the suspension or termination of our auDA Accreditation, or
3. the termination of our registrar agreement with auDA,
on its web site, and may, if it considers appropriate, give such notice to you directly.

7. Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
You acknowledge that under the Published Policy:
1. there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and
2. you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
3. auDA may delete or cancel the registration of a .au domain name.
Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

8. Use of your information

You give to:

auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,

provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

9. Dispute resolution

auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
The auDRP binds you and us severally as if it were incorporated in this document.
You accept that:
1. auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
2. such policies bind you and us severally as if they were incorporated in this document.

10. TRANSFER of registrars

We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
1. the maximum fees which we can charge you for such transfer,
2. when we are not allowed to charge you fees,
3. the conditions under which we must transfer the registered Domain Name, and
4. the conditions under which we are entitled not to transfer the registered the Domain Name.
If:
1. we are no longer an accredited registrar, or
2. our auDA Accreditation is suspended or terminated, or
3. our registrar agreement with auDA is terminated by auDA,
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

11. limitation of liabilities

You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.
You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

12. Our agency

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

13. General

In this document:
1. a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
2. a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
3. headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
4. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

.au.com Domain Names - Registrant Agreement

Special terms & conditions for the registration of sub-domains under.au.com

We are entitled to register Domain Names on a first come, first served basis, whether or not it has received payment for registration and, until we have confirmed it as a pending registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. You are advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration.

Our Rules for the .au.com Sub-Domains and the procedures of our Dispute Resolution Service (both of which as at the date hereof can be seen below), in each case as amended from time to time, form part of this agreement. Copies of those Rules and procedures may also be obtained directly from us.
Within fifteen (15) days after the issue of our invoice, you will pay the initial registration fee to us and sign and return to us the Application Form, confirming your acceptance of these terms and conditions. You will be responsible for the payment of all fees, whether or not the sub-domain is registered by means of any reseller of PlanetDomain or agent of your own. You warrant that the details submitted by you to us, in the Application form are true and correct, and that future additions or alterations to those details will be true and correct.
You will be responsible to obtain the consent of individuals whose personal data are to be held on the Register of .au.com Domain Names to the access referred to in clause 10 below and promptly notify PlanetDomain of any change to its registered details, including where an agent is appointed, any change to the agent's details.
Where an application for a sub-domain is accepted and entered with other relevant details in the Register of .au.com Domain Names as a pending registration, it may be deleted by us and made available to any other applicant if the fee invoiced to you is not paid within the time specified in our invoice, and you will not be entitled to any refund of any money paid; if an application is not accepted, PlanetDomain will notify you or the person lodging the application on your behalf and return any payments received. A pending registration will be converted to a full registration on receipt of both the initial registration fee and the correctly completed Application Form.
The initial registration period is one year from the date of the application for registration. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time.
You may surrender the registration of the Domain Name by notice in writing to us at any time prior to issue of an invoice and on issue of the invoice for that Domain Name, such notice being delivered by hand or sent by prepaid post, by fax or email The notice will be effective: if delivered, on delivery; if sent by fax or email, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting. No other method of surrender is permitted after issue of a invoice. Once the Domain Name and your details have been entered in the Register of .au.com Domain Names as a full registration no refund of fees will be payable by us.
We may cancel the registration or suspend the delegation of a Domain Name in any circumstance permitted by this agreement, by notice in writing to you or the agent. In addition, we may do so where to maintain the registration would put us in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with our Rules for the .au.com Sub-Domains in force from time to time.
PlanetDomain does not accept any responsibility for the use of any Domain Name on the Register of .au.com Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. An invoice is not intended to be evidence of ownership of the name used as a Domain Name.
You warrant that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes or will infringe the legal rights of a third party. Our remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name.
The Register of .au.com Domain Names will include the names of you and the Administrative Contact and other details relating to them. You hereby permit us to allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.

Rules for the au.com sub-domains

Process Detail
The au.com domain is for the registration of names relating to commercial enterprises. No limitation is placed on the number of names that may be applied for or the use for which they are being put to subject to any request meeting the rules as applying at the time when the request is made. SYNTAX rules for domain name requests. (These rules apply at the top level of delegation only: e.g. the xxx in xxx.au.com, xxx.name.au.com, and so on, but not within a delegated domain).
Mandatory Rules
The rules as specified in the document Rules for the .au.com sub-domains shall apply in full. Where two applications are for the same name then the one which is received first shall have prior claim.
Records
A record will be created in our database from which NS records will be generated and loaded into the primary nameservers for the zone. Dispute resolution service for registration of sub-domains under au.com.

PlanetDomain Dispute Resolution Service

On learning of a dispute about an Internet Domain Name registered under a sub-domain of au.com, between the organisation or individual and another laying claim to a stronger right to register it, PlanetDomain will assist the parties by providing the following services:

Investigation

PlanetDomain will seek to establish whether a mutually acceptable resolution to the dispute can be found by the impartial intervention of Senior Executive staff of PlanetDomain.

Formal Action under the rules

Under the rules for the .au.com sub-domains, PlanetDomain may suspend or terminate delegation of an Internet Domain Name in certaincircumstances (as PlanetDomain may determine. The dispute that arises most frequently is where it is drawn to PlanetDomain attention by a third party that in their view a Domain Name is being used in a manner likely to cause confusion to Internet users. There are other more objective circumstances which may lead to suspension, including where it is drawn to PlanetDomain attention that a Domain Name is administered in a way likely to endanger operation of the DNS.
If investigation does not lead to a mutually acceptable resolution of the dispute, PlanetDomain will consider the evidence assembled during the investigation to determine whether the delegation of the Domain Name should be suspended.
If any party affected is dissatisfied with PlanetDomain decision to suspend or terminate (or not to suspend or terminate) delegation of a Domain Name, PlanetDomain will, at that party's request, refer the suspension to an independent expert for a written recommendation that PlanetDomain should confirm or revoke its decision. Fees and expenses are borne by that party.
The expert will be sent copies of all letters, faxes, email and notes, together with a short statement by PlanetDomain, confirming the background, timing and implementation of its decision.
The interested parties will be informed by PlanetDomain of the referral to the expert and provided with copies of relevant documents. The expert will invite the parties affected by the suspension, or failure to suspend, to make one written submission, within 14 days, of his or her receipt of all the documents referred to in paragraph 4.
Neither party will have the right to call for a hearing before the expert at which witnesses would be examined. The expert may invite the parties to appear before him or her.
The expert will issue his or her written recommendation to PlanetDomain with reasons, with copies to any other party, no later than one month after receipt of the documents referred to in paragraph 5 above from PlanetDomain.
Immediately on receipt of the expert's recommendation, PlanetDomain will reconsider its earlier decision to suspend, or not to suspend, the delegation of the Domain Name. A final decision will be made and confirmed to all interested parties.
If either party is dissatisfied with PlanetDomain final decision on suspension of delegation of the Domain Name, PlanetDomain will inform the parties of the PlanetDomain Alternative Dispute Resolution Service, administered by the Australian Commercial Disputes Centre and forward to them details of the service. If one of the parties refuses to enter into a mediation agreement (or mediation does not resolve the dispute), the dissatisfied party will remain in a position to seek advice from its lawyers about pursuing its case by litigation in the courts or (with the agreement of the other party) in arbitration.

The PlanetDomain Alternative Dispute Resolution Service

PlanetDomain ADR is a form of mediation whereby parties to a dispute agree with a neutral third party intermediary to assist them to reach a negotiated settlement agreement. Mediation fees and expenses are borne by the parties. The process aims to avoid the delay, expense and confrontation associated with litigation and arbitration. Parties invoking the PlanetDomain ADR Service do not have to pay a membership or arrangement fee to the Australian Commercial Disputes Centre. Mediation fees will be quoted, on request, by the Australian Commercial Disputes Centre help desk (tel. +61 2 9267 1000, fax +61 2 9267 3125).
Mediation (sometimes described as conciliation) is non-binding in that there is no commitment to settle and the mediator has no power to impose a solution. However, when an agreement is reached it may be documented and signed by the parties. This will create an enforceable contract at the option of the parties, which can be used in Court. Australian Commercial Disputes Centre is an independent non-profit making body.

.biz, .org, .info Domain Names - Registrant Agreement

Registration Agreement for .biz, .org, .info domains - Form of Registration Agreement

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.

1.) Agreement

In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", "us" and "our" refer to TUCOWS Inc. and "Services" refers to the domain name registration provided by us as offered through PlanetDomain Pty Ltd ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2.) Selection of a Domain name

You represent that:

the data provided in the domain name registration application is true, correct, up to date and complete,
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;
that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever
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;
you have the authority to enter into this Registration Agreement; and
the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

3.) Fees

As consideration for the Services you have selected, you agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:

Provide certain current, complete and accurate information about you as required by the registration process and;
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.

4.) 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, then 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.

5.) Modifications to Agreement

You agree that we may:

revise the terms and conditions of this Agreement; and
change the services provided under this Agreement. You agree to be bound by any such revision or change will 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 evisions. 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 further agree to be bound by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as presently written and posted on http://www.icann.org/udrp/udrp.htm and as shall be amended from time to time. 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.

6.) 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. 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.

7.) 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/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.

8.) 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:

The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
The Start-Up Dispute Resolution Policy ("SUDRP"), available at http://www.neulevel.com/countdown/stop.html; and
The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at http://www.neulevel.com/; (collectively, "Dispute Policies").

The SUDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Neulevel, Inc. ("Registry Operator") or Tucows over the registration or use of a .biz domain name registered by you that is subject to the Start-up Intellectual Property Notification Service ("SIPNS"). SIPNS is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the SUDRP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

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.

9.) Policy

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN or government-adopted policy,

to correct mistakes by us or the applicable Registry in registering the name or
for the resolution of disputes concerning the domain name.

10.) 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.

11.) 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:

loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data miss-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
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.

Important Note:

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

a. in relation to goods
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
- the supplying of the services again; or
- The payment of the cost of having the services supplied again as in each case we may elect.

12.) Indemnity

You agree to release, indemnify, and hold us, our 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.

13.) Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, 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.

14.) 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.

15.) 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.

16.) 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:

Your name and postal address (or, if different, that of the domain name holder);
The domain name being registered;
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

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 RSP.

17.) Disclosure and Use of Registration Information

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, 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 ICANN 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 RSP.

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.

18.) Revocation

Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

19.) 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 egistration 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.

20.) 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.

21.) 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.

22.) 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.

23.) 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 have been 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 lhutz@tucows.com, 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 RSP shall be sent to: Our address:

TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs

OR:

Support Department
PlanetDomain Pty Ltd
PO Box 270 Broadway
NSW 2007 Australia

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

24.) Entirety

You agree that this Agreement, the rules and policies published by us 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.

25.) Governing Law

This Agreement shall be governed by and interpreted and enforced in accordance with the LAWS OF Province of ontario and the FEDERAL LAWS OF canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in ontario and you irrevocably consent to the jurisdiction of such courts.

26.) Infancy

You attest that you are of legal age to enter into this Agreement.

27.) 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.

.cn Domain Names - Registrant Agreement

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 PlanetDomain Pty Ltd, "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:

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;
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;
That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
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:

be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
harm national honour and national interests of the PRC;
instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
spread rumours, disturb public order or disrupt social stability of the PRC;
spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
insult, libel against others and infringe other people's legal rights and interests in the PRC; or
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:

China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml);
CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml); and
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:

Provide certain current, complete and accurate information about you as required by the registration process and
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 website 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.) Modification 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

we are directed to do so by the judicial or administrative body, or
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,

to correct mistakes by a party in registering the name,
for the resolution of disputes concerning the domain name,
to protect the integrity and stability of the registry,
to comply with any applicable laws, government rules or requirements, requests of law enforcement,
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
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

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

loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data miss-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
loss or liability resulting from the interruption of your Service.

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

(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

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

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 lhutz@tucows.com, 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 4:00p.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

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

of the Registrant's domicile,
where Registrar is located, and
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.) Foreigh 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

.com, .net Domain Names - Registrant Agreement

1.) Agreement

In this Registration Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to TUCOWS.com Inc. and "Services" refers to the domain name registration provided by us as offered through PlanetDomain Pty Ltd, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2.) Selection of a Domain Name

You represent that, to the best of the your knowledge and belief, neither the registration of the SLD 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.

3.) 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 service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:

provide certain current, complete and accurate information about you as required by the registration process and
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.

4.) Term

You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration 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, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

5.) Modifications to Agreement

You agree, during the period of this Agreement, that we may:

revise the terms and conditions of this Agreement; and
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 ICANN Uniform 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.

6.) 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.

7.) 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.opensrs.org. Please take the time to familiarize yourself with this policy.

8.) Domain Name Disputes

ou 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. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.

9.) ICann Policy

You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy,

to correct mistakes by Registrar or the Registry in registering the name or
for the resolution of disputes concerning the SLD name.

10.) Agency

Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD 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 SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. 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).

11.) 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.

12.) 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 states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:

loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data mis-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
loss or liability resulting from the interruption of your Service.

IMPORTANT NOTE:

in relation to goods

the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
the repair of the goods or payment of the cost of having the goods repaired;

in relation to services

the supplying of the services again; or
the payment of the cost of having the services supplied again as in each case we may elect.

13.) 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 without limitation Verisign, Inc, and the directors, officers, employees and agents of each of them, 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 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 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.

14.) Transfer of Ownership

The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of 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 will 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.

15.) Breach

16.) 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.

17.) Disclaimer of Warranties

18.) Information

Your name and postal address (or, if different, that of the domain name holder);
The domain name being registered
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name.
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.

19.) Disclosure and use of Registration Information

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. 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 ICANN and the applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or 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 RSP. 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 access or disclosure, alteration or destruction of that information.

20.) Revocation

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

21.) Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such 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.

22.) Severability

23.) Non-Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

24.) Non-Waiver

25.) 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 regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us or to the RSP to lhutz@tucows.com or support@netregistry.net or, in the case of notice to you, at 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 the RSP shall be sent to:

TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1

OR:

Support Department
PlanetDomain Pty Ltd
PO Box 270 Broadway
NSW 2007
Australia

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

26.) Entirety

27.) Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

28.) Infancy

You attest that you are of legal age to enter into this Agreement.

29.) Acceptance of Agreement

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.

Dispute Resolution

1.) Purpose

This Uniform Domain Name Dispute Resolution Policy (the"Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2.) Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that:

the statements that you made in your Registration Agreement are complete and accurate;
to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
you are not registering the domain name for an unlawful purpose; and
you will not knowingly use the domain name in violation of any applicable laws or regulations.

It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3.) Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4.) Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
you have no rights or legitimate interests in respect of the domain name; and
your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

Availability of Court Proceedings. The mandatory administrativeproceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive:

evidence satisfactory to us of a resolution between the parties;
evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or
a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5.) All Other Disputes and Litigation.

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6.) Our Involvement in Disputes.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7.) Maintaining the Status Quo.

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8.) Transfers During a Dispute.

Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder:

during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or
during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.

We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9.) Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

.nz Domain Names - Registrant Agreement

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence.

It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the Registrar, in relation to the Domain Name.

Definitions

In this document, unless the context requires otherwise:

Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means those specifications and policies established and published by Internet NZ from time to time in accordance with its constitution.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to PlanetDomain Pty Ltd (ABN 89 122 194 745), the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.

General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

1.) The Registrar's Obligations

We agree that we will:

comply with all .nz policies and accurately represent these to you; View .nz Policies Here.
disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
process any new .nz domain name registrations with the registry within 2 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8am-7pm Monday-Friday, and otherwise within 24 hours;
notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
arrange for correction of any error in the information in the register about any domain name registered to you when requested;
provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
use your personal information only as authorised by you;
take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
comply with any order of any authority having jurisdiction regarding any domain name registered to you;
use our best endeavours to deal with any complaints you may have about the services we provide for you.

2.) The Registrant's Obligations

comply with the .nz policies. You agree that you have read and understood the current policies; View .nz Policies Here.
make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
ensure that you only use our services for a lawful purpose;
ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons: You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

3.) Registration of a Domain Name

When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

that the following information becomes available to any member of the public:

your name,
your contact details and
the domain name, its commencement and expiry dates
the addresses/details of the name servers for it, and our name.

the domain name is registered in your name only because no other person has it according to the records of the register; and
neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

4.) Register is the Record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

5.) Payment of Fees

You agree to pay for the services we provide for you.
If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
Our usual fees are for registration of .nz domains for one year. We may also charge for redirection/email/hosting services and the like provided by us. We will tell you before any additional charge is incurred.
Our prices are stated in Australian dollars and include GST.

6.) Suspension And Refusal To Supply Services

If you do not pay our charges for a domain name registered to you we may:

cancel registration of that domain name; or
refuse to provide a service you request.

7.) Cancellation of a Domain Name

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

8.) Exclusion of Liability

We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:

InternetNZ, the registry and any other entity we are in any business relationship with;
every officer, employee, contractor, agent of us or any entity in clause 8.1;
anyone else we get to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

9.) Limitation of our Liability

We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.

Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

10.) Law and Jurisdiction Applying to this Agreement

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.

To the extent legally permitted:

all our services are provided under New Zealand law;
any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
except as otherwise stated, you may take action against us only in a New Zealand court;
where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
in the event of a conflict between our general terms and conditions (www.netregistry.com.au/terms-conditions/) and that of this schedule, the terms of this schedule shall prevail.

11.) Cancelling the Agreement

We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
We may end the agreement for any other reason by giving you one month's notice.

12.) More Than One Person

You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

13.) Each Clause Separately Binding

Each clause of the agreement you have with us is separately binding.

If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

14.) Rights and Responsibilities that Continue

The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4-10, 12-13, and this clause 14.

.uk Domain Names - Registrant Agreement

Rules for .co.uk and .org.uk domain registrations

1.) Agreement

In this Registration Agreement ("Agreement"), "Tucows", "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 PlanetDomain Pty Ltd, the Registration Service Provider ("Reseller"). Nominet UK shall refer to the entity granted the exclusive right to administer the registry for .uk domain name registrations.

2.) 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.

3.) Fees

As consideration for the Services you have selected, you agree to pay to us, or your respective Reseller 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:

provide certain current, complete and accurate information about you as required by the registration process, and
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.

4.) Term

5.) Modifications to Agreement

You agree, during the period of this Agreement, that we may:

revise the terms and conditions of this Agreement; and
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 website, 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 Nominet UK 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.

6.) Modifications to Your Account

7.) 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.nic.uk/DisputeResolution/DrsPolicy/. Please take the time to familiarize yourself with this policy.

8.) 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.

9.) 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,

to correct mistakes by a registrar or the registry in registering the name, or
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/nominet-terms.html.

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. Nominet UK is the UK registry for .uk domain names.

Tucows and 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; it is attached hereto and may also be found at http://resellers.tucows.com/opensrs/uk/ukterms.

Tucows and Reseller must also make you aware that by accepting Nominet's terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet's WHOIS look-up service.

10.) 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 the domain 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).

11.)Announcements

We and Reseller 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.

12.) Limitation of Liabililty

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:

loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data mis-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
loss or liability resulting from the interruption of your Service.

13.) 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 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 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.

14.) 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.

15.) 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.

16.) No Guaranty

17.) 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.

18.) Information

your name and postal address (or, if different, that of the domain name holder);
the domain name being registered;
the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and
the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your Reseller.

19.) Disclosure and Use of Registration Information

You agree and acknowledge that we will make domain name registration information you provide available to Nominet UK, to the registry administrators, and to other third parties as Nominet UK and applicable laws may require or permit. 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 Nominet UK and the applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or 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.

20.)Revocation

Your wilful 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. 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 the Nominet UK Agreement or a Nominet UK/Registry Operator policy.

21.) Right of Refusal

22.) Severability

23.) Non-Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

24.) Non-Waiver

25.) 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 regular mail. 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 notification to us or to Reseller to lhutz@tucows.com or support@netregistry.com.au or, in the case of notice to you, at 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 five (5) business days after the date of mailing and, in the case of notification to us or to Reseller shall be sent to:

TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA

PlanetDomain Pty Ltd
97 Rose Street
Chippendale
NSW 2008

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

26.) Entirety

27.) Governing Law

28.) Infancy

You attest that you are of legal age to enter into this Agreement.

29.) Inconsistencies with Nominet UK

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of Nominet UK, the term, condition, policy or procedure of Nominet UK shall prevail.

30.) Acceptance of Agreement

Please review our Privacy Policy for full details of our use of personal data.

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Service Agreement

Domain Name Registration Terms and Conditions

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Terms and Conditions - Table of Contents

Registrants Rights and Responsibilities

.au Domain Names - Registrant Agreement

Summary of Terms and Conditions

1. Definitions

2. General

3. Domain names application and registration

4. Domain name licence

5. Your statement to us

6. Our obligations to you

7. Your obligations to us

8. Use of your information

9. Dispute resolution

10. TRANSFER of registrars

11. limitation of liabilities

12. Our agency

13. General

.au.com Domain Names - Registrant Agreement

Special terms & conditions for the registration of sub-domains under.au.com

Rules for the au.com sub-domains

PlanetDomain Dispute Resolution Service

.biz, .org, .info Domain Names - Registrant Agreement

1.) Agreement

2.) Selection of a Domain name

3.) Fees

4.) Term

5.) Modifications to Agreement

6.) Modifications to your account

7.) Domain Name Dispute Policy

8.) Domain Name Disputes

9.) Policy

10.) Agency

11.) Limitation of Liability

12.) Indemnity

13.) Breach

14.) No Guaranty

15.) Disclaimer of Warranties

16.) Information

17.) Disclosure and Use of Registration Information

18.) Revocation

19.) Right of Refusal

20.) Severability

21.) Non-Agency

22.) Non-Waiver

23.) Notices

24.) Entirety

25.) Governing Law

26.) Infancy

27.) Acceptance of Agreement

.cn Domain Names - Registrant Agreement

1.) Agreement

2.) Representations and Warranties

3.) Restrictions

4.) Adherence to Policies

5.) Fees

6.) Term

7.) Modifications to Agreement

8.) Modification to your Account

9.) Domain Name Disputes

10.) Domain Name Dispute Policy Modifications

11.) Suspension And Cancellation

12.) Agency

13.) Announcements

14.) Limitation of Liability

15.) Indemnity

16.) Transfer of Ownership

17.) Breach

18.) No Guaranty

19.) Disclaimer of Warranties

20.) Information

21.) Disclosure and Use of Registration Information

22.) Inaccurate or Unreliable Data

23.) Right of Refusal

24.) Severability

25.) Non-Agency

26.) Non-Waiver

27.) Notices