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 Boomers Domain LLC, 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: (1) provide certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as account
information (“Account Information”). You, by completing and submitting this Agreement
represent that the statements in your application are true.
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: (1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s) on our web site,
or on notification to you by e-mail or regular mail as per the Notices section of this agreement.
You agree to review our web site, including the Agreement, periodically to be aware of any
such revisions. If you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices
section of this agreement. Notice of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any such revisions or changes. You
further agree to abide by the 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/legal/udrp.shtml. Please take the time to familiarize yourself with this
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. 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, (1) to
correct mistakes by Registrar or the Registry in registering the name or (2) 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
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: (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 five hundred ($500.00) dollars.
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 Network Solutions, 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. 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.
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. 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. 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 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
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 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
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. 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.
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
24. 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.
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 webmaster\@boomersdomain.com 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 –
Boomers Domain LLC, 5207 Wexford Dr., Baton Rouge, LA. 70814 and in the case of
notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.
26. 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.
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. 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.