APPENDIX A
Form of 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 Cteck Ltd. and
Services refers to the domain name registration provided by us as
offered through Dedicated-Domains.com.. This Agreement explains our obligations
to you, and explains your obligations to us for the Services.
- 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.
- FEES. As consideration for the Services, you agree
to pay the 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 Account
Information and all other statements put forth in your application are true,
complete and accurate. Both Tucows and the Registry reserve the right to
terminate your domain name registration if: (i) information provided by you or
your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable. You
acknowledge that a violation of this Section 3 will constitute a material
breach of this agreement which will entitle either us or the Registry to
terminate this agreement immediately without any refund and without notice to
you.
- 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.
- MODIFICATIONS TO AGREEMENT. You agree that either
we or the Registry 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
countrys 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 Registry dispute policy (Dispute Policy)
as presently written and posted on http://www.nic.cc/policies/dispute.html 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.
- 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.
- 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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
- 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. You acknowledge that neither we nor the
Registry screen or otherwise review your domain name application to verify that
you have the legal right to use a particular word or term. You are strongly
encouraged to perform a trademark search with respect to the words and/or
phrases comprising your domain name prior to applying for registration of the
domain. You agree that you will be solely liable in the event that your use of
a domain constitutes an infringement or other violation of a third partys
rights.
- POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant
to a Tucows, Registry, regulatory or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to correct mistakes by us or the
Registry in registering the name, or (2) for the resolution of disputes
concerning the domain name. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the future
and which are posted on the Registry website at http://www.nic.cc/. You are responsible for
monitoring the Registrys site on a regular basis. In the event that you
do not wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by following the
appropriate Registry policy regarding such cancellation.
- 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
any third party licensee and that the third party agrees to the terms
hereof.
- 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.
- 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, including but not limited to Verisign, Inc. and eNic
Corporation, 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.
- INDEMNITY. You agree to release, indemnify, and
hold us, our contractors, agents, employees, officers, directors, affiliates
and third party beneficiaries, including but not limited to Verisign, Inc. and
eNic Corporation, 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.
- SCOPE OF REGISTRATION. You will be entitled to
exclusive use of the domain name during the term of the registration.
Notwithstanding the foregoing, you shall not use, display, exploit or register
a domain name which action may constitute illegal activity or be in
contravention or violation of a Tucows or Registry policy. You acknowledge that
a breach of this clause will constitute a material breach of this agreement
which will entitle either Tucows or the Registry to terminate this agreement
immediately upon such breach without any refund. In addition, both we and/or
the Registry may, in our sole discretion, refuse registration of your desired
domain name within thirty (30) calendar days from receipt of payment. Neither
Tucows nor the Registry shall be liable for any loss, damage or other injury
whatsoever resulting from any refusal to register your desired domain
name.
- 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 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.
- BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute
Policy, 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 fifteen (15)
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.
- 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.
- 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.
- 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:
- Your name and postal address (or, if different, that
of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative contact for the
domain name;
- 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.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that either we and/or the Registry may make directly
available to third parties or publicly available, some or all, of the Account
Information for inspection through our WHOIS service and for any other purposes
as may be required or permitted by applicable laws or policies. You hereby
irrevocably waive and release Tucows and/or the Registry from any and all
claims and causes of action you may have arising from any disclosure, use, or
unauthorized access of your Account Information.
- REVOCATION. Your wilful 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. 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 the ICANN Agreement or an ICANN/Registry Operator policy.
- RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain name or
register you for other Services. In the event we do not register or reserve
your domain name or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services.
We reserve
the right to delete or transfer your domain name within a thirty (30) day
period following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party.
- 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.
- 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.
- 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.
- 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 have been 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
sales@dedicated-domains.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. E.S.T.,
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 five (5) business days after the date of mailing
and, in the case of notification to us or to RSP shall be sent to:
Our
address:
Cteck Ltd. Windsow House Poulton-le-Fylde FY6
7HZ
and in the case of notification to you shall be to the address
specified in the Administrative Contact in your WHOIS
record.
- 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.
- 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.
- INFANCY. You attest that you are of legal age to
enter into this Agreement.
- FORCE MAJEURE. You acknowledge and agree that
neither we nor the Registry shall be responsible for any failure or delay in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of
civil or military authority, fires, wars, riots, earthquakes, storms, typhoons
and floods.
- 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.
- 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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