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.