SCHEDULE A
.cn Registration Agreement
1.
AGREEMENT. In this Registration Agreement ("Agreement") "Registrant", "you"
and "your" refer to the registrant of each domain name registration, "we", "us"
and "our" refer to Tucows Inc., "Registry Operator" refers to NeuStar, Inc.,
"CNNIC" refers to the China Network Information Centre, and "Services" refers to
the domain name registration provided by us as offered through
KansasNet Internet Services ("Reseller"). This Agreement explains our
obligations to you, and explains your obligations to us for various Services.
2. REPRESENTATIONS AND WARRANTIES. You certify and represent
that:
(a) You have supplied all of the information required in the
domain name registration application ("Application") and further, that the data
provided in the Application is true, correct, up to date and complete, and that
you will continue to keep all of the information provided correct, up-to-date
and complete;
(b) To the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party;
(c)
That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(d) You have the
requisite power and authority to enter into this Registration Agreement and to
perform the obligations hereunder.
3. BUSINESS OR ORGANIZATION
REPRESENTATION. The .cn top-level domain space is intended for businesses
and organizations and not for individual use. By registering a .cn domain name,
you hereby represent that you have registered the domain name on behalf of a
business or organization.
4. RESTRICTIONS. You agree that you
shall not register or use a domain name that is deemed by CNNIC to:
(a)
be against the basic principles prescribed in the Constitution of the Peoples
Republic of China ("PRC");
(b) jeopardize national security, leak state
secrets, intend to overturn the government or disrupt the integrity of the PRC;
(c) harm national honour and national interests of the PRC;
(d)
instigate hostility or discrimination between different nationalities or disrupt
the national solidarity of the PRC;
(e) spread rumours, disturb public order
or disrupt social stability of the PRC;
(f) spread pornography, obscenity,
gambling, violence, homicide, terror or instigate crimes in the PRC;
(g)
insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
(h) take any other action prohibited in laws, rules
and administrative regulations of the PRC.
5. ADHERENCE TO
POLICIES. You agree to comply with all applicable laws, regulations and
policies of the Peoples Republic of China's governmental agencies and the China
Internet Network Information Centre ("CNNIC"), including but not limited to the
following rules and regulations: (i) China Internet Domain Name Regulations
(currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration
(currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
You acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the policies of the CNNIC, as they may be amended from
time to time.
6. FEES. As consideration for the Services you have
selected, you agree to pay Reseller the applicable service(s) fees. All fees
payable hereunder are non-refundable. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account Information").
By submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
7. TERM. This
Agreement shall remain in full force during the length of the term of your
domain name registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew or otherwise
lengthen the term of your domain name registration, the term of this
Registration Agreement shall be extended accordingly. Should the domain name be
transferred to another Registrar, the terms and conditions of this contract
shall cease.
8. MODIFICATIONS TO AGREEMENT. You agree that we
may: (1) revise the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by any such
revision or change which shall be effective immediately upon posting on our web
site or upon notification to you by e-mail or your country's postal service
pursuant to the Notices section of this Agreement. You agree to review this
Agreement as posted on our web site periodically to maintain an awareness of any
and all such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice by
e-mail or postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us. You agree
that, by continuing the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any such revisions and
changes. You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database. We
will not refund any fees paid by you if you terminate your agreement with us.
9. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the initial registration date of the
domain name. In order to change any of your account information with us, you
must use your Account Identifier and Password that you selected when you opened
your account with us. You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event shall we be liable for the
unauthorized use or misuse of your Account Identifier or Password.
10. DOMAIN NAME DISPUTES. You acknowledge having read and
understood and agree to be bound by the terms and conditions of the CNNIC Domain
Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy ("Dispute
Policy")s, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement. The Dispute Policy is
currently found at http://www.cnnic.net.cn/ruler/20.shtml
and http://www.cnnic.net.cn/doc/e-10.shtml.
You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence in any
domain name disputes in the specified time frames.
If we are notified
that a complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may not allow
you to make changes to such domain name record until (i) we are directed to do
so by the judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain name
record into the registry of the judicial body by supplying a party with a
registrar certificate from us.
11. DOMAIN NAME DISPUTE POLICY
MODIFICATIONS. You acknowledge that the Dispute Policy may be modified from
time to time. Any such revised policy on our Web site at least fourteen (14)
calendar days before it becomes effective. You agree that, by maintaining the
registration of your domain name after modifications to the Dispute Policy
become effective, you have agreed to these modifications. You acknowledge that
if you do not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your Agreement with us.
12. SUSPENSION AND CANCELLATION. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent with a CNNIC
or government-adopted policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning the domain name, (3) to
protect the integrity and stability of the registry, (4) to comply with any
applicable laws, government rules or requirements, requests of aw enforcement,
(5) to avoid any liability, civil or criminal, on the part of Tucows, Registry
Operator or CNNIC, as well as their affiliates, subsidiaries, directors,
representatives, employees and stockholders or (6) for violations of this
Agreement. Tucows, Registry Operator and CNNIC also reserve the right to
"freeze" a domain name during the resolution of a dispute.
13.
AGENCY. Should you intend to license use of a domain name to a third party
you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by wrongful use of
the domain name. You represent that you have provided notice of the terms and
conditions in this Agreement to a third party licensee and that the third party
agrees to the terms hereof. You acknowledge and agree that the domain name has
not been registered solely for the purposes of selling, trading or leasing for
compensation and will be used for a business or commercial purpose.
14. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
15. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data miss-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or misuse
of your account identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption of business, or
any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been advised of the
possibility of such damages. In no event shall our maximum liability exceed five
hundred ($500.00) dollars.
16. INDEMNITY. You agree to release,
indemnify, and hold Tucows, the Registry Operator, CNNIC, our respective
contractors, agents, employees, officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service of any
intellectual property or other proprietary right of any person or entity, or
from the violation of any of our operating rules or policy relating to the
Service(s) provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. When we
are threatened with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and may result in deactivation of
your domain name. This indemnification obligation will survive the termination
or expiration of this agreement.
17. TRANSFER OF OWNERSHIP. The
person named as registrant on the WHOIS shall be the registered name holder. The
person named as administrative contact at the time the controlling user name and
password are secured shall be deemed the designate of the registrant with the
authority to manage the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee") you shall
require the Transferee to agree in writing to be bound by all the terms and
conditions of this Agreement. Your domain name may not be transferred until we
receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole discretion) along with the
applicable transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and conditions
in this Agreement, any such transfer will be null and void. You acknowledge that
you will not be entitled to change registrars during the first sixty (60) days
following the registration of your domain name.
18. BREACH. You
agree that failure to abide by any provision of this Agreement may be considered
by us to be a material breach and that we may provide a written notice,
describing the breach, to you. If you fail to provide evidence, which is
reasonably satisfactory to us, that you have not breached your obligations under
the Agreement, then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
19. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
20. DISCLAIMER
OF WARRANTIES. You agree that your use of our Services is solely at your own
risk. You agree that such Service(s) is provided on an "as is, "as available"
basis. We expressly disclaim all warranties of any kind, whether express or
implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of Service
is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. If you license use of the domain name, you
nonetheless agree that you shall accept any and all liability for any harm
caused by said licensed use and suffered by Tucows, the Registry Operator and/or
CNNIC. No advice or information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not expressly made herein.
21. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(a) Your full
name, postal address, e-mail address and telephone number and fax number (if
available) (or, if different, that of the domain name holder);
(b) The
domain name being registered;
(c) The name, postal address, e-mail address,
and telephone number and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing contact for the
domain name;
(d) The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name.
22. DISCLOSURE AND
USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make
domain name registration information you provide available to CNNIC, to the
Registry Operator, and to other third parties as applicable. You further agree
and acknowledge that we may make publicly available, or directly available to
third party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS service) or
other purposes as required or permitted by CNNIC and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the term of
your registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or use of
your domain name registration information by us.
You may access your
domain name registration information in our possession to review, modify or
update such information, by accessing our domain manager service, or similar
service, made available by us through your Reseller.
Any information
collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or
permitted by CNNIC, Registry Operator policy or pursuant to any applicable laws
and regulations. The parties shall take commercially reasonable steps to protect
Personal Data from loss, misuse, unauthorized disclosure, alteration or
destruction. Neither Tucows nor Registry Operator make any representations as to
how CNNIC uses, accesses or corrects any Personal Data it receives from the
Registry Operator.
23. INACCURATE OR UNRELIABLE DATA. You hereby
represent and warrant that the data provided in the domain name registration
application is true, correct, up to date and complete and that you will continue
to keep all the information provided up to date. Your wilful or negligent
provision of inaccurate or unreliable information, your wilful failure promptly
to update information provided to us, or any failure to respond to inquiries by
us addressed to the email address of the registrant, the administrative, billing
or technical contact appearing in the "Whois" directory with respect to a domain
name concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. No refunds shall be made if a
domain name is deleted as a result of enforcement of this provision.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the right to suspend a
domain name during resolution of a dispute.
25. SEVERABILITY. You
agree that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain in
full force and effect.
26. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
27. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
28.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via postal
service. In the case of e-mail, valid notice shall only have been deemed to be
given when an electronic confirmation of delivery has been obtained by the
sender. In the case of e-mail, notifications must be sent to us at lhutz@tucows.com, or in the case of
notification to you, to the e-mail address provided by you in your WHOIS record.
Any e-mail communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and effectively given 5
business days after the date of mailing and, in the case of notification to us
or to Reseller shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K
3M1
CANADA
Attention: Legal Affairs
and in the case
of notification to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record.
29. ENTIRETY. You agree that this
Agreement, the rules and policies published by Tucows, CNNIC and/or the Registry
Operator and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by
custom, practice, policy or precedent.
30. GOVERNING LAW. SAVE
AND EXCEPT AS NOTED BELOW, THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO CANADA.
Notwithstanding the foregoing, for the adjudication of disputes
concerning or arising from use of the registered domain name, you shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar
is located, and 3) the People's Republic of China.
For the adjudication
of a dispute concerning or arising from use of the domain name, such dispute
shall be governed under the Laws of the Peoples Republic of China.
31. INFANCY. You attest that you are of legal age to enter into
this Agreement.
32. FOREIGN LANGUAGE: Controlling Language. In
the event that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language version
hereof shall prevail in case of inconsistency or contradiction in interpretation
or translation.
33. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON
ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.