Click here for Terms of Service and Conditions Agreement for registering a domain name
The Blogware Terms of Service ("TOS") and Conditions Agreement is between you ("Publisher") and FullScaleCommerce.com Inc of Jamestown Rhode Island 02835 ("FSC") ACCEPTANCE OF TERMS
FSC provides the Blogware service (the "Service"). As a Blogware account holder ("Publisher"), your use of the Service is subject to these Terms of Service ("TOS"). FSC reserves the right to update and change the TOS from time to time without notice or acceptance by you. You will also be subject to any posted guidelines or policies which may be posted from time to time and are hereby incorporated by reference.
DESCRIPTION OF SERVICEFSC provides each Publisher with a web site Internet ("Blogware"). Each Blog Site has a limited disk space based on the type of account purchased. The Service also includes tools that enable Publishers to create a business news page, upload photos, expert articles, comment, receive and syndicate newsfeeds etc. The type and number of tools you may use depend on the type of account you have as a Publisher. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Service may include certain communications from FSC, such as service announcements and administrative messages and that these communications are considered part of FSC's membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided for use in accessing the Service. You understand and agree that the Service is provided "as-is" and that FSC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
Please be aware that certain areas on the Service may contain adult or mature content. You must be of legal majority to access and view such areas.
REGISTRATIONIn order to use the Service, you must have a valid account ID. To be a Publisher with your own Blogware account, you must provide FSC with a credit card and other any other information it considers pertinent to establish an account ("Registration Data"). Publishers will choose a password and account designation for their Blogware during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your account and all information or content associated with your account may be deleted. FSC accepts no liability for such deleted information or content.
If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. FSC accepts no liability for information that is deleted due to an invalid credit card.
In addition, FSC may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your Blogware, and the forfeiture and relinquishment of all content on your Blogware.
You agree that FSC may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your Blogware. Cause for such termination shall include, but not be limited to,
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.
OWNERSHIP OF WEBSITE ACCOUNT AND SECURITYYou will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify FSC of any unauthorized uses of the account or any other breaches of security. FSC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will FSC be liable, in any way, for any acts or omissions by a Publisher, including any damages of any kind incurred as a result of such acts or omissions.
CONTENT AND CONDUCT RULES AND OBLIGATIONSYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not FSC, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. FSC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will FSC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that FSC does not pre-screen Content, but that FSC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FSC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FSC or submitted to FSC.
You acknowledge and agree that FSC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve
You agree that you will not:
With respect to any additional software that may be made available by FSC in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
COPYRIGHTFSC does not claim ownership of the Content you place on your Blogware. Publishers retain the rights to any copyrighted material posted on a particular Blogware. By submitting Content to FSC for inclusion on your Blogware, you grant FSC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blogware on FSC's Internet properties. This license exists only for as long as you continue to be a FSC customer and shall be terminated at the time your Blogware is terminated.
You acknowledge that FSC does not pre-screen Content, but that FSC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, FSC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FSC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FSC has no control over such sites and resources, you acknowledge and agree that FSC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
INDEMNITYYou agree to indemnify and hold FSC, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by FSC.
GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that FSC may establish general practices and limits concerning use of the Service.
MODIFICATIONS TO SERVICEFSC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
FSC'S PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FSC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
GENERALNotices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and FSC shall be governed by the laws of the FSC's place of business without regard to its conflict of law provisions. The failure of FSC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and FSC and govern your use of the Service, superceding any prior agreements between you and FSC (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other FSC services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
TUCOWS.com Co..and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your Whois record.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;(b) .org Domains: In the case of a ".org" registration, the following terms and conditions will apply:
(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;(c) .info Domains: In the case of a ".info" registration, the following terms and conditions will apply:
(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(i) Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.(d) .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply:
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
(iii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(iv) Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
(i) .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:(e) .name Domains. In the case of a ".name" registration, the following terms and conditions will apply:(A) to exchange goods, services, or property of any kind;For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
(ii) Selection of a Domain Name. You represent that:(A) 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 of the information provided correct, up-to-date and complete;(iii) Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:
(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) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.(A) your full name;(iv) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the Whois directory.
(K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;(collectively, the "Dispute Policies").
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(v) The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
(vii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(i) .name Restrictions. Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.31. ccTLD'S
(ii) .name Representations. As a .name domain name registrant, you hereby represent that:(A) the registered domain name or second level domain ("SLD") e-mail address is your Personal Name.(iii) E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.
(B) 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 of the information provided correct, current and complete,
(C) 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;
(D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and
(F) you have the authority to enter into this Registration Agreement.
You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:(A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;(iv) Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry's e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
(B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
(v) You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.
(vii) 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. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.(A) the Eligibility Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;(viii) The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
(ix) The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(i) Registry Policy. 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://nic.at/en/agb/ag_agb2003.asp. You are responsible for monitoring the Registry's 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.(b) .be Domains. In the case of a ".be" registration, the following terms and conditions will apply:
(i) Registry Policy. 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.dns.be/en/home.php?n=51. You are responsible for monitoring the Registry's 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.(a) .ca Domains. In the case of a ".ca" registration, the following terms and conditions will apply:
(ii) 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 .be 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.dns.be/en/home.php?n=53.
(i) 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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.(b) .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
(ii) Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry's Registrant Agreement, the Registry's 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.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry's failure or refusal to register a domain name, it's failure or refusal to renew a domain name registration, it's registration of a domain name, it's failure or refusal to renew a domain name registration, it's renewal of a domain name registration, it's failure or refusal to transfer a domain name registration, it's transfer of a domain name registration, it's failure or refusal to maintain or modify a domain name registration, it's maintenance of a domain name registration, it's modification of a domain name registration, it's failure to cancel a domain name registration or it's cancellation of a domain name registration from the Registry;
(i) 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.(c) .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply:
(ii) Registry Policy. 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 Registry's 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.
(i) Registry Policy. 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.switch.ch/id/terms. You are responsible for monitoring the Registry's 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.(d) .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
(ii) 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 .ch 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.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
(i) "Registry" means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People's Republic of China and the Chinese domain name system;(e) .de Domains. In the case of a ".de" registration, the following terms and conditions will apply:
(ii) "Registry Gateway" means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People's Republic of China;
(iii) "Registry Operator" means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People's Republic of China.
(iv) 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");(v) Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.
(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.
(vi) 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"), 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/html/Dir/2003/11/27/1526.htm.
(vii) 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.
(viii) 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.
(ix) 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:(A) Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);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.
(B) Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
(x) 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.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Tucows is located, and (3) the People's Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.
(i) Selection of a Domain Name. You represent that:(f) .fr Domains. In the case of a ".fr" registration, the following terms and conditions will apply:(A) you have reviewed and have accepted the Registry's Terms and Conditions and the Registry's Guidelines and have provided your Reseller with written confirmation of same;(ii) 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 by the Registry or any court of law. 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 specified by the Registry or any court of law. (iii) Registry Policies. You agree to be bound by the Registry's Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry's documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at:
(B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany;
(C) 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.11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(i) Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are:(i) .it Domains. In the case of an "it" registration, the following terms and conditions shall apply:(A) A legal entity:(I) whose head office is in France; (or),(B) A natural person:
(II) which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities or associated establishments, (or),
(IV) which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory; or(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France; (or),
(III) who own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.
(ii) Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the Registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry's Naming Charter, its registration rules for .fr. English language translations of the Registry's documents are provided for convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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 by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. 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 specified by the Registry or any court of law.
(i) Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.(g) .nl Domains. In the case of a ".nl" registration, the following terms and conditions shall apply:
(i) Registry Policy. 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.it/NA/regole-naming-curr-engl.txt. You are responsible for monitoring the Registry's 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. Additional policies, including transfer procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.
(i) Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.(h) .tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply:
(ii) Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry's Registration Regulations. English language translations of the Registry's documents are provided for convenience and may be found at www.domain-registry.nl/sidn_english/flat/ General/Rules/Regulations.
(iii) 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 by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html. 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 specified by the Registry or any court of law.
(i) 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.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and conditions will apply:
(ii) 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.
(i) "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.(j) .us Domains. In the case of a ".us" registration, the following terms and conditions will apply:
(ii) 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.nic.uk/DisputeResolution/DrsPolicy/. Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts - one contract with Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller must also make you aware that by accepting Nominet's terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet's Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures..
(i) "DOC" means the United States of America Department of Commerce.32. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
(ii) us Nexus Requirement. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent that:(A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove;(iv) 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 and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
(B) The listed name servers are located within the United States;
(C) 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 of the information provided correct, up-to-date and complete;
(D) 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;
(E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration Agreement.(A) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.
(B) The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement.
(v) Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC 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. The Registry Operator's policies can be found at http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
(vii) 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);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 Reseller.
(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;
(E) In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(viii) Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, 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 the DOC 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.
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 accessor disclosure, alteration or destruction of that information.
(a) Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry: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.(i) Contactprivacy.com shall appear as the Registrant and Contacts name(s);(b) You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.
(ii) Tucows' postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those designated by the Registrant;
(iv) The original date of registration and the expiration of each domain name;
(v) Tucows will be identified as the registrar of record.
(c) You will will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows:(i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion.(g) Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following:
(ii) Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.(i) when required by law;(h) You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.
(ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but not limited to ICANN's or a Registry's dispute resolution policy;
(v) to avoid financial loss or legal liability;
(vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful computer programs.