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Domain Registration Agreement
.tv
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| 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 .tv
domain name registration provided by us as offered through
Cambridge Communications Ltd.(“RSP”). This Agreement explains
our obligations to you, and explains your obligations
to us for various Services. |
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| 2. SELECTION OF A DOMAIN NAME. You represent
that, 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 and, further, that the
domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever.
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| 3. FEES. As consideration for the Services you
have selected, you agree to pay 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. Failure to maintain accurate information
will be considered a material breach of this Agreement
and will entitle us to delete your domain name registration. |
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| 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. |
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5. 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 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 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://www.opensrs.org/legal/udrp.shtml
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. |
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| 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. |
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7. Domain Name Renewals. It is your responsibility to keep track of the expiry date of your Domain Name and renew in time. For your convenience Telligent Corporation will send several renewal reminders well in advance before the expiry date. It is your responsibility to keep your contact email address current. Telligent will notify you only by email. You have the responsibility of logging into your account and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). In case, if you fail to implement the renewal in a timely fashion the domain name will be cancelled and you will no longer have use of that name. You agree that Telligent Corporation will not be responsible for cancelled or expired domain names that you fail to renew. If you renew a domain after the expiry date, there will be an additional charge per domain.
In the process of registering or renewing a domain Telligent Corporation takes all the necessary steps to prevent any errors. As a client/registrant after placing your registration or renewal order it is your responsibility to check the correctness of domain name, expiry date and contact information. In case of any discrepancy please notify our support team immediately. |
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| 8. Domain Name Renewals. Telligent Corporation
will send several renewal notices well in advance before
the expiry date. It is your responsibility to keep your
contact email address current. We will notify you only
by email. You have the responsibility of logging into
your account and manually implementing the renewal by
the expiration date (should you in fact want the domain
name to be renewed). In case, if you fail to implement
the renewal in a timely fashion the domain name will be
cancelled and you will no longer have use of that name.
You agree that Telligent Corporation will not be responsible
for cancelled or expired domain names that you fail to
renew. If you renew a domain after the expiry date, there
will be an additional charge late fee per
domain. |
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| 9. 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.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy. |
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| 10. 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. 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.
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| 11. POLICY. You agree that your registration
of the .tv domain name shall be subject to suspension,
cancellation, or transfer pursuant to any 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. You acknowledge
that you have reviewed the .tv General Terms of Service
which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein. |
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| 12. AGENCY. Should you intend to license use
of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore
responsible for providing your own full contact information
and for providing and updating accurate technical and
administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent
that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the
third party agrees to the terms hereof. |
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| 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. |
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| 14. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount
you paid for such Service(s). Neither we, nor our contractors
or third party beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential
or incidental damages, in such jurisdictions, our liability
is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use
or misuse of your account identifier or password; (5)
loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that
we will not be liable for any loss of registration and
use of your domain name, or for interruption of business,
or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised
of the possibility of such damages. In no event shall
our maximum liability exceed fifty ($50.00) dollars.
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| 15. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees,officers,
directors, affiliates and third party beneficiaires 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. |
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| 16. TRANSFER OF OWNERSHIP. The person named as
administrative contact at the time the 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). 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. |
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| 17. 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. |
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| 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. |
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| 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. 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 |
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20. INFORMATION. As part of the registration
process, you are required to provide us certain information
and to update us promptly as such information changes
such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that
of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
(iv) 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. |
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21. 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. |
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| 22. 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. |
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23. 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.
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 within a thirty (30) day period following registration
if we believe the registration has been made possible
by a mistake, made either by us or by a third party.
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| 24. SEVERABILITY. You agree that the terms of
this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain
in full force and effect. |
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| 25. 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. |
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| 26. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full
right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself. |
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| 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 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 admin@telligent.ca
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: |
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Telligent Corporation
Suite 275, 3553 31 ST NW
Calgary, AB
T2L 2K7
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| and in the case of notification to you shall be to the
address specified in the “Administrative Contact” in your
WHOIS record. |
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| 28. 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. |
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| 29. 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. |
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| 30. INFANCY. You attest that you are of legal
age to enter into this Agreement. |
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| 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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Copyright © 1999-2011 Telligent Corporation. All Rights
Reserved.
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