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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 Broken
Productions ("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:
(a) 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;
(b) 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;
(c) That the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose
whatsoever;
(d) You have the requisite power and authority to enter into this
Registration Agreement and to perform the obligations hereunder.
3. BUSINESS OR ORGANIZATION REPRESENTATION. The .cn
top-level domain space is intended for businesses and
organizations and not for individual use. By registering a .cn
domain name, you hereby represent that you have registered the
domain name on behalf of a business or organization.
4. RESTRICTIONS. You agree that you shall not register or
use a domain name that is deemed by CNNIC to:
(a) be against the basic principles prescribed in the
Constitution of the Peoples Republic of China ("PRC");
(b) jeopardize national security, leak state secrets, intend to
overturn the government or disrupt the integrity of the PRC;
(c) harm national honour and national interests of the PRC;
(d) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(e) spread rumours, disturb public order or disrupt social
stability of the PRC;
(f) spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC;
(g) insult, libel against others and infringe other people's
legal rights and interests in the PRC; or
(h) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
5. 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: (i) China Internet Domain
Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration
Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) 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.
6. 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: (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.
7. 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.
8. 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
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.
9. MODIFICATIONS 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.
10. 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 (i) we
are directed to do so by the judicial or administrative body, or
(ii) 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.
11. 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.
12. 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, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of aw
enforcement, (5) 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 (6) 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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:
(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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 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.
29. 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.
30. 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 (1) of the
Registrant's domicile, (2) where Registrar is located, and 3) 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.
31. INFANCY. You attest that you are of legal age to enter
into this Agreement.
32. 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.
33. 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.