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
____________________________ ("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.
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