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SCHEDULE A
Form of Registration Agreement
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.,
"Registry Operator" refers to Neulevel Inc. and "Services" refers to the domain name registration provided
by us as offered through ADGRAFICS-UKRAINE ("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for various Services.
2. .BIZ RESTRICTIONS. Registrations in the .biz top level domain must be used or intended to
be used primarily for bona fide business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona
fide intent to use the domain name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through the DNS:
(i) to exchange goods, services, or property of any kind;
(ii) in the ordinary course of business; or
(iii) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii)
the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please see
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
3. SELECTION OF A DOMAIN NAME. You represent that:
(i) the data provided in the domain name registration application is true, correct, up to date
and complete, and that you will continue to keep all of the information provided correct, up-to-date
and complete;
(ii) 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;
(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever;
(iv) 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;
(v) you have the authority to enter into this Registration Agreement; and
(vi) the registered domain name is reasonably related to your business or intended commercial
purpose at the time of registration.
4. 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: (1) provide certain current, complete and accurate information about you
as required by the registration process and (2) maintain and update this information as needed to keep
it current, complete and accurate. All such information shall be referred to as account information
("Account Information"). By submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
5. 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.
6. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your country's postal service pursuant
to the Notices section of this Agreement. You agree to review this Agreement as posted on our web
site periodically to maintain an awareness of any and all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in service(s), you shall be bound by any such
revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on
http://resellers.tucows.com/opensrs/legal 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. We will not refund any fees paid by you
if you terminate your agreement with us.
7. 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.
8. 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://resellers.tucows.com/opensrs/legal. Please take the time to familiarize yourself with
this policy.
9. 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:
(i) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at
http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
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.
10. 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, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
11. 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. You acknowledge and agree that
the domain name has not been registered solely for the purposes of selling, trading or leasing for
compensation and will be used for a business or commercial purpose.
12. 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.
13. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s). Neither we nor our
contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the Services or for the cost
of procurement of substitute services. Because some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be liable for any loss of registration and use
of your domain name, or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and hold us, the Registry Operator, 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. This indemnification obligation will survive the termination or expiration
of this agreement.
15. 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 to be 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 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. You acknowledge that you will not be entitled to change registrars
during the first sixty (60) days following the registration of your domain name.
16. 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 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.
17. 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.
18. 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.
19. 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:
(i) 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);
(ii) The domain name being registered;
(iii) 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;
(iv) The IP addresses and names of the primary nameserver and any secondary nameserver(s)
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.
20. 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.
21. 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 ICANN Agreement or an ICANN/Registry Operator policy.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 4:00 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
and in the case of notification to you shall be to the address specified in the "Administrative Contact"
in your WHOIS record
27. ENTIRETY. You agree that this Agreement, the rules and policies published
by Tucows, ICANN 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.
28. 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.
29. INFANCY. You attest that you are of legal age to enter into this Agreement.
30. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading
this agreement in a language other than the English language, you acknowledge and agree that
the English language version hereof shall prevail in case of inconsistency or contradiction in
interpretation or translation.
31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING
ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT. |
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Требуется копирайтер (написание статей, пресс-релизов) 0382700187, icq: 34523763, skype: webtrust.ua |
| издатель: Ukrainian domain registration center adgrafics inc. Khmelnitsky, Ukraine Domain UA тематика: Looking for domains, Поиск доменов, Пошук доменів, domain names registration, international domains, About domains, Register domain, Domains management, poiskdomenov.com Looking for domains poiskdomenov.com. Domains management, domains sale, international domains, Domains registrator, domains search, |
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