Third-Net.Com INC

Embeded Systems Design / Integration and Web Services

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Free Online System:

Embedded Systems:
Hardware We Use
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Internet Technologies:
Domain Registration
Web Hosting Services
E-Commerce Solutions
Web Programming
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Firewall & VPN Services
Other Work

. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
  to the registrant of each domain name registration, "we", ?us" and "our" refer to TUCOWS
  Inc. and ?Services? refers to the .tv domain name registration provided by us as offered
  through Third-Net.Com INC (?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 this registration of a domain name nor the manner in which
  it is directly or indirectly to be used infringes upon the legal rights of a third party and,
  further, that the domain name is not being registered for nor shall it at any time whatsoever
  be used for any unlawful purpose whatsoever. 
  3. FEES. As consideration for the Services you have selected, you agree to pay RSP 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. Failure to maintain accurate information will be considered a
  material breach of this Agreement and will entitle us to delete your domain name
  4. 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, then 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. 
  5. 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 will 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 further agree to be bound by the ICANN
  Uniform Dispute Resolution Policy (?Dispute Policy?) as presently written and posted on
  http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time. 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. 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. 
  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 that is incorporated herein and made a part of this Agreement
  by reference. The current version of the Dispute Policy may be found at
  http://www.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. 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. 
  9. POLICY. You agree that your registration of the .tv domain name shall be subject to
  suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy,
  or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or
  government-adopted policy, (1) to correct mistakes by us or the applicable Registry in
  registering the name or (2) for the resolution of disputes concerning the domain name. You
  acknowledge that you have reviewed the .tv General Terms of Service which may be found
  at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the
  terms outlined therein. 
  10. 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. 
  11. 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. 
  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). 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 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, affiliates and third party beneficiaires 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. 
  14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the
  time the 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). 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 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. 
  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 for the purpose of improving 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 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 ICANN 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 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 accessor 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 (15) 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 domain name 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. 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 within a thirty (30) day period
  following registration if we believe the registration has been made possible by a mistake,
  made either by us or by a third party. 
  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 postal service. 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,
  notifications must be sent to us at [email protected], 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
  RSP shall be sent to: 
  TUCOWS Inc. 
  96 Mowat Avenue 
  Toronto, Ontario 
  M6K 3M1 
  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. 
  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. 
  27. GOVERNING LAW. THIS Agreement shall be governed by and interpreted and
  enforced in accordance with the LAWS OF Province of ontario and the FEDERAL LAWS
  OF canada applicable therein without reference to rules governing choice of laws. Any
  action relating to this Agreement must be brought in ontario and you irrevocably consent
  to the jurisdiction of such courts. 
  28. INFANCY. You attest that you are of legal age to enter into this Agreement. 

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