Third-Net.Com INC

Embeded Systems Design / Integration and Web Services

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Free Online System:

Embedded Systems:
Hardware We Use
Programming Services

Internet Technologies:
Domain Registration
Web Hosting Services
E-Commerce Solutions
Web Programming
Web Design
Server Monitoring

Firewall & VPN Services
Other Work

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
  to each customer, "we", us" and "our" refer to Tucows.com Inc. and "Services" refers to the
  domain name registration provided by us as offered through Third-Net.Com INC, the
  Registration Service Provider ("RSP"). This Agreement explains our obligations to you,
  and explains your obligations to us for various Services. 
  2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
  knowledge and belief, neither the registration of the SLD name nor the manner in which it
  is directly or indirectly used infringes the legal rights of a third party and that the Domain
  Name is not being registered for any unlawful purpose. 
  3. FEES. As consideration for the services you have selected, you agree to pay to us, or your
  respective RSP who remits payment to us on your behalf, 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"). You, by completing and submitting this
  Agreement represent that the statements in your application are true. 
  4. TERM. You agree that the Registration Agreement will remain in full force during the
  length of the term of your Domain Name Registration. Should you choose to renew or
  otherwise lengthen the term of your Domain Name Registration, then the term of this
  Registration Agreement will be extended accordingly. This Agreement will remain in full
  force during the length of the term of your Domain Name Registration as selected,
  recorded, and paid for upon registration of the Domain Name. Should you choose to renew
  or otherwise lengthen the term of your Domain Name Registration, then the term of this
  Registration Agreement will be extended accordingly. Should you transfer your domain
  name or should the domain name otherwise be transferred due to another Registrar, the
  terms and conditions of this contract shall cease and shall be replaced by the contractual
  terms in force for the purpose of registering domain names then in force between SLD
  holders and the new Registrar. 
  5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,
  that we may: (1) revise the terms and conditions of this Agreement; and (2) change the
  services provided under this Agreement. Any such revision or change will be binding and
  effective immediately on posting of the revised Agreement or change to the service(s) on
  our web site, or on notification to you by e-mail or regular mail as per the Notices section of
  this agreement. You agree to review our web site, including the Agreement, periodically to
  be aware of any 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 regular
  mail as per the Notices section of this agreement. Notice of your termination will be
  effective on receipt and processing by us. You agree that, by continuing to use the Services
  following notice of any revision to this Agreement or change in service(s), you shall abide
  by any such revisions or changes. You further agree to abide by the ICANN Uniform
  Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that,
  by maintaining the reservation or 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 modifications, you may request that your
  domain name be deleted from the domain name database. 
  6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
  information with us, you must use your Account Identifier and Password that you selected
  when you opened your account with us. Please safeguard your Account Identifier and
  Password from any unauthorized use. In no event will we be liable for the unauthorized use
  or misuse of your Account Identifier or Password. 
  7. 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.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with
  this policy. 
  8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your
  domain name is challenged by a third party, you will be subject to the provisions specified in
  the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain
  name dispute arises with any third party, you will indemnify and hold us harmless pursuant
  to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to
  submit to the jurisdiction of the courts of The Province of Ontario. 
  9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to
  suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to
  any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to
  correct mistakes by Registrar or the Registry in registering the name or (2) for the
  resolution of disputes concerning the SLD name. 
  10. AGENCY. Should you intend to license use of a domain name to a third party you shall
  nonetheless be the SLD 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 SLD. You shall accept liability for harm caused by
  wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the
  party providing you reasonable evidence of actionable harm. You also represent that you
  have provided notice of the terms and conditions in this Agreement to the third party and
  that the third party agrees to the terms of Disclosure and Use of Registration Information
  (sections 18 and 19 of this Agreement). 
  11. ANNOUNCEMENTS. We and the RSP 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. 
  12. 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). We and our
  contractors shall not 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 states do not allow the exclusion or
  limitation of liability for consequential or incidental damages, in such states, our liability is
  limited to the extent permitted by law. We disclaim any and all loss or liability resulting
  from, but not limited to: (1) loss or liability resulting from access delays or access
  interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3)
  loss or liability resulting from acts of God; (4) loss or liability resulting from the
  unauthorized use or misuse of your account identifier or password; (5) loss or liability
  resulting from errors, omissions, or misstatements in any and all information or services(s)
  provided under this Agreement; (6) loss or liability resulting from the interruption of your
  Service. You agree that we will not be liable for any loss of registration and use of your
  domain name, or for interruption of business, or any indirect, special, incidental, or
  consequential damages of any kind (including lost profits) regardless of the form of action
  whether in contract, tort (including negligence), or otherwise, even if we have been advised
  of the possibility of such damages. In no event shall our maximum liability exceed five
  hundred ($500.00) dollars. 
  13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
  employees, officers, directors and affiliates harmless from all liabilities, claims and
  expenses, including without limitation Network Solutions, Inc., and the directors, officers,
  employees and agents of each of them, 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 with your computer, 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 may be considered by us to be a
  breach of your Agreement and may result in deactivation of your domain name. 
  14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the
  time the controlling user name and password are secured shall be the owner of the domain
  name. You agree that prior to transferring ownership of your domain name to another
  person (the Transferee") you shall require the Transferee to agree, in writing to be bound
  by all the terms and conditions of this Agreement. Your domain name will not be
  transferred until we receive such written assurances or other reasonable assurance that the
  Transferee has been bound by the contractual terms of this Agreement (such reasonable
  assurance as determined by us in our sole discretion) along with the applicable transfer fee.
  If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole
  discretion) to the terms and conditions in this Agreement, any such transfer will be null
  and void. 
  15. BREACH. You agree that failure to abide by any provision of this Agreement, any
  operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a
  material breach and that we may provide a written notice, describing the breach, to you. If
  within thirty (30) calendar days of the date of such notice, you fail to provide evidence,
  which is reasonably satisfactory to us, that you have not breached your obligations under the
  Agreement, then we may delete the registration or reservation of your domain name. Any
  such breach by you shall not be deemed to be excused simply because we did not act earlier
  in response to that, or any other breach by you. 
  16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain
  name, such registration or reservation does not confer immunity from objection to either
  the registration, reservation, or use of the domain name. 
  17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at
  your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis.
  We expressly disclaim all warranties of any kind, whether express or implied, including but
  not limited to the implied warranties of merchantability, fitness for a particular purpose and
  non-infringement. We make no warranty that the Services will meet your requirements, or
  that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any
  warranty as to the results that may be obtained from the use of the Service(s) or as to the
  accuracy or reliability of any information obtained through the Service or that defects in
  the Service will be corrected. You understand and agree that any material and/or data
  downloaded or otherwise obtained through the use of Service is done at your own discretion
  and risk and that you will be solely responsible for any damage to your computer system or
  loss of data that results from the download of such material and/or data. We make no
  warranty regarding any goods or services purchased or obtained through the Service or any
  transactions entered into through the Service. No advice or information, whether oral or
  written, obtained by you from us or through the Service shall create any warranty not
  expressly made herein. 
  18. 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
  i) Your name and postal address (or, if different, that of the domain name holder); ii) The
  domain name being registered iii) The name, postal address, e-mail address, and voice and
  fax (if available) telephone numbers of the administrative contact for the domain name. iv)
  The name, postal address, e-mail address, and voice and fax (if available) telephone
  numbers of the billing contact for the domain name. Any other information which we
  request from you at registration is voluntary. Any voluntary information we request is
  collected such that we can continue to improve the products and services offered to you
  through your RSP. 
  acknowledge that we will make domain name registration information you provide available
  to ICANN, to the registry administrators, and to other third parties as ICANN and
  applicable laws may require or permit. 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 ICANN and the
  applicable laws. 
  You hereby consent to any and all such disclosures and use of, and guidelines, limits and
  restrictions on disclosure or 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 RSP. 
  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 access or disclosure, alteration or destruction of that
  20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your
  wilful failure promptly to update information provided to us, or your failure to respond for
  over fifteen calendar days to inquiries by us concerning the accuracy of contact details
  associated with the your registration shall constitute a material breach of this Agreement
  and be a basis for cancellation of the SLD registration. 
  21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register
  or reserve your chosen domain name or register you for other Services within thirty (30)
  calendar days from receipt of your payment for such 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. 
  22. 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. 
  23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
  construed as creating any agency, partnership, or other form of joint enterprise between the
  24. 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. 
  25. 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 regular mail. In the case of
  e-mail, valid notice shall only have been deemed to have been given when an electronic
  confirmation of delivery has been obtained by the sender. In the case of e-mail notification
  to us or to the RSP to [email protected] or [Insert E-mail Address for RSP ] or, in the
  case of notice to you, at 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 the RSP shall be sent to: 
  Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1
  - OR - [Insert RSP address] and in the case of notification to you shall be to the address
  specified in the "Administrative Contact" in your WHOIS record. 
  26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and
  the Dispute Policy are the complete and exclusive agreement between you and us regarding
  our Services. This Agreement and the Dispute Policy supersede all prior agreements and
  understandings, whether established by custom, practice, policy or precedent. 
  28. INFANCY. You attest that you are of legal age to enter into this Agreement. 

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