Domain Registration Agreement

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 _____ACTWD“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 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.

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.

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.

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.

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.

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
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.

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. 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.

9.
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.

10.
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.

11.
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.

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).  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 five hundred ($500.00) dollars.

13.
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.

14.
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.

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 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.

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 for the
purpose of improving 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 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 o