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Please read through all
of the below information and click "I Agree"
INNOVATIVE
Information Services L.L.C. and VisitCancun.Com S.A De C.V.
Web Site Terms, Conditions, and Notices
AGREEMENT
BETWEEN CUSTOMER AND INNOVATIVE INFORMATION SERVICES L.L.C. and
VISITCANCUN.COM S.A. de C.V.
Web
Site Hosting is offered to you, the customer, conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this Web Site Hosting Service constitutes
your agreement to all such terms, conditions, and notices.
COPYRIGHT AND
TRADEMARK NOTICES
Microsoft products and/or
services referenced herein are trademarks or registered trademarks of
Microsoft Corporation. Other product and company names mentioned herein
may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. INNOVATIVE INFORMATION SERVICES
L.L.C., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
INNOVATIVE
INFORMATION SERVICES L.L.C., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INNOVATIVE
INFORMATION SERVICES L.L.C., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL INNOVATIVE
INFORMATION SERVICES L.L.C., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF INNOVATIVE INFORMATION SERVICES L.L.C.,
ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of this Web Site Hosting Service, you warrant that you will not use
this service for any purpose that is unlawful or prohibited by these
terms, conditions, and notices.
LINKS TO THIRD-PARTY
SITES
Web sites may contain
hyperlinks to Web sites operated by parties other than INNOVATIVE
Information Services L.L.C. Such hyperlinks are provided for your
reference only. INNOVATIVE Information Services L.L.C. does
not control such Web sites and is not responsible for their contents.
INNOVATIVE Information Services L.L.C.'s inclusion of
hyperlinks to such Web sites does not imply any endorsement of the
material on such Web sites or any association with their operators.
USE OF BULLETIN BOARD,
CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
Web sites may contain
bulletin boards, chat rooms, or other message or communication facilities
(collectively "Forums"), you agree to use the Forums only to send and
receive messages and material that are proper and related to the
particular Forum. By way of example, and not as a limitation, you agree
that when using a Forum, you shall not do any of the following:
-
Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory,
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy and publicity)
unless you own or control the rights thereto or have received all
necessary consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
Delete any author attributions, legal notices, or proprietary
designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained
in a file that is uploaded.
Advertise or offer to sell any goods or services, or conduct or
forward surveys, contests, or chain letters.
Download any file—posted by another user of a Forum—that you know,
or reasonably should know, cannot be legally distributed in such
manner.
You acknowledge
that all Forums are public and not private communications. Further,
you acknowledge that chats, postings, conferences, and other
communications by other users are not endorsed by INNOVATIVE
Information Services L.L.C. or its affiliates, and such
communications shall not be considered reviewed, screened, or
approved by INNOVATIVE Information Services L.L.C. or
its affiliates. INNOVATIVE Information Services L.L.C.
reserves the right for any reason to remove, without notice, any
contents of the Forums received from users, including, without
limitation, bulletin board postings. INNOVATIVE
Information Services L.L.C. reserves the right to deny in its sole
discretion any user access to this Web site or any portion thereof
without notice.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site
("Software") is the copyrighted work of INNOVATIVE
Information Services L.L.C., its affiliates, and/or their suppliers. Your
use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies, or is included with, the Software
("License Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms.
For any Software not accompanied by a License Agreement, INNOVATIVE
Information Services L.L.C. hereby grants to you, the user, a personal,
nontransferable license to use the Software for viewing and otherwise
using this Web site in accordance with these terms and conditions and for
no other purpose.
Please note that all Software, including, without limitation, all HTML
code and Active X controls contained on this Web site, is owned by
INNOVATIVE Information Services L.L.C., its affiliates, and/or
their suppliers, and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export control laws
and regulations of the USA. You agree not to export or re-export the
Software, directly or indirectly, to any countries that are subject to USA
export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
INNOVATIVE Information Services L.L.C. reserves the right to
change the terms, conditions, and notices under which this Web site is
offered.
GENERAL
This agreement is governed by the laws of the State of Michigan, USA. You
hereby consent to the exclusive jurisdiction and venue of courts in
Livingston County, Michigan, USA, in all disputes arising out of or
relating to the use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and INNOVATIVE Information
Services L.L.C. as a result of this agreement or use of this Web site.
INNOVATIVE Information Services L.L.C.'s performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of INNOVATIVE
Information Services L.L.C.'s right to comply with law enforcement
requests or requirements relating to your use of this Web site or
information provided to or gathered by INNOVATIVE
Information Services L.L.C. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and
INNOVATIVE Information Services L.L.C. with respect to this
Web site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the customer and
INNOVATIVE Information Services L.L.C. with respect to this
Web site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data
mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF INNOVATIVE SERVICES RESERVATION AGENT
The INNOVATIVE Services Reservation Agent feature of this Web site is
provided solely to assist customers in determining the availability of
travel-related goods and services and to make legitimate reservations or
otherwise transact business with suppliers, and for no other purposes. You
warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use this Web site in
accordance with all terms and conditions herein. You agree to be
financially responsible for all of your use of this Web site (as well as
for use of your account by others, including, without limitation, minors
living with you). You agree to supervise all usage of this Web site by
minors under your name or account. You also warrant that all information
supplied by you or members of your household in using this Web site is
true and accurate. Without limitation, any speculative, false, or
fraudulent reservation or any reservation in anticipation of demand is
prohibited. You agree that the travel services reservations facilities of
this Web site shall be used only to make legitimate reservations or
purchases for you or for another person for whom you are legally
authorized to act. You understand that overuse or abuse of the travel
services reservation facilities of this Web site may result in you being
denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase
of travel-related goods and services that you select. You agree to abide
by the terms or conditions of purchase imposed by any supplier with whom
you elect to deal, including, but not limited to, payment of all amounts
when due and compliance with all rules and restrictions regarding
availability of fares, products, or services. You shall be completely
responsible for all charges, fees, duties, taxes, and assessments arising
out of the use of this Web site.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should
be used as guidelines only. Rates are not verified as accurate, and actual
rates may vary. Currency quotes are not updated every day. Check the date
on the Currency Converter for the day that currency was last updated. The
information supplied by this application is believed to be accurate, but
INNOVATIVE Information Services L.L.C., its affiliates,
and/or their suppliers do not warrant or guarantee such accuracy. When
using this information for any financial purpose, INNOVATIVE
Information Services L.L.C. advises the customer to consult a
qualified professional to verify the accuracy of the currency rates.
INNOVATIVE Information Services L.L.C., its affiliates, and/or
their suppliers do not authorize the use of this information for any
purpose other than personal use and prohibit to the maximum extent
allowable the resale, redistribution, and use of this information for
commercial purposes.
Privacy Policy
We take
guarding the privacy of the information that you provide very seriously!
Please read this policy to understand how we will treat the personal
information that you give to us. Since this policy may change over time as
we modify or expand our service, we suggest that you check back from time
to time in order to understand how we treat your information.
This policy will let you know:
What personally identifiable
information INNOVATIVE Information Services LLC collects and how it is
used.
During contest registrations,
INNOVATIVE Information Services LLC collects personally identifiable
information including your name, address, zip code, email address, birth
date, gender and the number of people in your household. After providing
INNOVATIVE Information Services LLC with this information, you are no
longer anonymous. If you should choose to withhold some of your personally
identifiable information you will not be eligible to participate in the
INNOVATIVE Information Services LLC activities such as sweepstakes,
contests and promotions; and we may not be able to provide you with some
of the other services dependent upon the collection of such information.
From time to time, INNOVATIVE
Information Services LLC may ask you for additional personally
identifiable information. This may happen when registering with one of our
Partners, entering or participating in a sweepstakes, contests and
promotions sponsored by INNOVATIVE Information Services LLC and/or one of
our Partners, or filling out a user survey. "Partners" refers to
advertisers, manufacturers, service providers, ecommerce partners, and any
companies with which INNOVATIVE Information Services LLC has a business
relationship. INNOVATIVE Information Services LLC may also keep a record
if you contact our customer service center. INNOVATIVE Information
Services LLC may collect information at other times. Also, to participate
in our tell-a-friend program, you must give us the email addresses of
those persons who you think will be interested in being contacted by us.
Before you give us the email address of a friend, we recommend that you
ask the friend's permission. We will only use the email address to send
out one email to that person, inviting them to join and it will not be
sold or used for any other purposes. Whenever we ask you for personally
identifiable information this Privacy Policy will be available through a
link for you to review. Users and members should understand that when you
are on INNOVATIVE Information Services LLC, there are links to other sites
that are beyond our control. For example, if you "click" on a banner
advertisement, or click to a Partner's site or make a purchase on a
Partner's site, the "click" may take you off the INNOVATIVE Information
Services LLC site. These other sites may independently collect data,
solicit personally identifiable information, or send their own cookies
(See Below). This information may or may not be shared with INNOVATIVE
Information Services LLC.
How we use your personal information.
We use the personal information
you supply us to enhance the INNOVATIVE Information Services LLC service
and personalize your experience. In addition, we may use information
concerning your contest entries in presenting you with advertising for
products and services in which you have shown an interest or in which we
think you may be interested. Providing information about yourself enables
us to provide more offers to you, as many of our advertisers create offers
especially for people with certain demographic characteristics. Answering
any question with the option "Prefer not to answer" (or similar), may
affect some but not all of the services offered to you. With respect to
sweepstakes, contests and promotions, we need certain information to
operate and administer various sweepstakes, contests and promotion
programs to ensure that we comply with applicable laws and in order to
notify you if you are a winner.
With the information we gather we
develop summary reports (which do not contain personally identifiable
information) for our advertisers and those manufacturers and service
providers whose goods and services we sample or think our visitors may be
interested in. We provide this information to assist our advertisers and
the manufacturers and service providers in determining how to promote
their products. We never tell them who it was that saw or clicked on their
advertisements unless it is necessary in order to provide you with the
information, sample or service you requested and when any personally
identifiable information is necessary. This fact will be clearly noted to
alert you and allow you to decide whether or not you wish to participate
and share this data. In those rare cases, when disclosure of personally
identifiable information is required for you to receive a sample, that
partner will be the only one to receive that data and will be forbidden
from selling or using that information for anything other than the
fulfillment of that sample or service. We may also send you email
communications containing information which we think you will find
valuable, including information about new products and services offered by
INNOVATIVE Information Services LLC or its partners. It is our policy only
to send email to users who give us permission to do so and you may tell us
at anytime that you no longer wish to receive such communications.
Who has access to your personally
identifiable information.
The personally identifiable
information that you provide will be used extensively within INNOVATIVE
Information Services LLC to provide a personalized experience to you. It
will also be shared with INNOVATIVE Information Services LLC's partners,
but only with your permission as described in detail above under What
personally identifiable information INNOVATIVE Information Services LLC
collects and how it is used.
As we have already noted, other
companies placing advertising on our site may collect information about
you when you view or click on their advertising or content. INNOVATIVE
Information Services LLC does not control this collection of information.
You should contact these advertisers or content providers directly if you
have any questions about their use of this information.
INNOVATIVE Information Services
LLC will not disclose your personally identifiable information without
your permission unless we need to do so in order to comply with applicable
law, a subpoena, or other legal process or to protect the personal safety
of our users or the public. INNOVATIVE Information Services LLC does not
sell or share, trade personally identifiable information about its users
to any third party without first receiving the user's permission. If
INNOVATIVE Information Services LLC intends to share your personal
information with a third party, we will notify you before doing so, and
you will have the opportunity to prevent this transfer. You can elect not
to use certain services or participate in certain sweepstakes, contests
and promotions if you do not want your information shared with third
parties.
What kinds of security procedures are in
place to protect the loss, misuse or alteration of information under the
company's control.
INNOVATIVE Information Services
LLC operates secure data networks that are password protected and are not
available to the public. INNOVATIVE Information Services LLC reviews its
security policies on a regular basis, and changes are made as necessary.
Only a select group of authorized individuals have access to our users
information, and they are prohibited from divulging it or using it for
their own benefit.
About children's privacy.
If children under 18 elect to use
the INNOVATIVE Information Services LLC sites, they should always ask a
parent for permission before sending any information to the site, or
sending personal information to anyone online. INNOVATIVE Information
Services LLC will not request or knowingly collect from a child under 18
any information online that can be traced to the child, such as an e-mail
address, name or information about the child's family. INNOVATIVE
Information Services LLC will not knowingly use personal information from
children under age 18 for any marketing or promotional purposes.
Questions regarding this policy.
We welcome your comments and
questions about our privacy policy - or anything else you might want to
talk about.
Please send e-mail to INNOVATIVE
Information Services LLC Customer Service at
service@INNOVATIVE Information
Services LLC or you may write to us at INNOVATIVE Information Services
LLC, 8163 W. Grand River, Brighton, Michigan 48114
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Uniform Domain-Name
Dispute-Resolution Policy
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General Information
All registrars in the .biz, .com, .info,
.name, .net, and .org top-level domains follow the Uniform
Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP").
Under the policy, most types of trademark-based domain-name disputes
must be resolved by agreement, court action, or arbitration before a
registrar will cancel, suspend, or transfer a domain name. Disputes
alleged to arise from abusive registrations of domain names (for
example, cybersquatting) may be addressed by expedited
administrative proceedings that the holder of trademark rights
initiates by filing a complaint with an approved dispute-resolution
service provider.
To invoke the policy, a trademark owner
should either (a) file a complaint in a court of proper jurisdiction
against the domain-name holder (or where appropriate an in-rem
action concerning the domain name) or (b) in cases of abusive
registration submit a complaint to an approved dispute-resolution
service provider (see below for a list and links).
Principal Documents
The following documents provide details:
Information on Proceedings Commenced Under
the Policy
Historical Documents Concerning the Policy
Chronology
Staff Reports
Proposed Implementation Documents
(form posted for public comment
September 29, 1999)
Public Comments Submitted
(comment period September
29-October 13, 1999)
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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 Innovative Web Services, 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 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. 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
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: (1) loss or
liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data misdelivery; (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 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. 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
parties.
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
[Insert E-mail Address for RSP ] 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 - [Insert RSP address] 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.
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