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DomainGrabber Registration Agreement
AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Tucows.com and "Services" refers to the services
provided by us as offered through domaingrabber.com, the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and explains your obligations to us
for various Services. By selecting our Services you have agreed to establish an account with
us for such Services. When you use your account or permit someone else to use it to purchase
or otherwise acquire access to additional Services or to cancel your Services (even if we were
not notified of such authorization), this Agreement covers such service or actions. By using
the Services under this Agreement, you acknowledge that you have read and agree to be bound
by all terms and conditions of this Agreement and any pertinent rules or policies that are or
may be published by us.
SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain
name you select, or the use you make of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice of competent counsel. You may
wish to consider seeking one or more trademark registrations in connection with your domain
name. You should be aware that there is the possibility we might be ordered by a court to
cancel, modify, or transfer your domain name. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we may turn to you to hold us
harmless and indemnify us.
FEES, PAYMENT AND TERM. As consideration for the services you have selected, you
agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable
unless we provide otherwise. 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 hereby grant us the right to disclose to third parties such
Account Information. The Registrant, by completing and submitting the Domain Name
Registration Agreement ("Registration Agreement"), represents that the statements in its
application are true and that the registration of the selected Domain Name, so far as the
Registrant is aware, does not interfere with or infringe upon the rights of any third party. The
Registrant also represents that the Domain Name is not being registered for any unlawful
purpose.
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,
Section 20. 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, Section 20. 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 abide by any
such revisions or changes. You further agree to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as amended from timeto 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.
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.
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 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 our web site:[This should be a
copy of the ICANN Uniform Dispute Resolution Policy found at
http://www.icann.org/udrp/udrp-policy-24oct99.htm]. Please take the time to familiarize yourself
with such policy.
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 your domicile, the courts of the geographic location
indicated by your WHOIS information for your domain name, and the courts of
Collin County, Texas.
AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee,
etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy.
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.
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:
- loss or liability resulting from access delays or access interruptions.
- loss or liability resulting from data non-delivery or data mis-delivery.
- loss or liability resulting from acts of God.
- loss or liability resulting from the unauthorized use or misuse of your
Account Identifier or Password.
- loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement.
- loss or liability resulting from the development or interruption of your
Web site or email service.
The registrant agrees that we will not be liable for any loss of registration and use of
registrant's 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.
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 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 E-mail 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.
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 or terminate your e-mail
account without further notice. 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.
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.
DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you
provide to us to register or reserve your domain name or register for other Services is, to the
best of your knowledge and belief, accurate and complete, and that any future changes to this
information will be provided to us in a timely manner according to the modification
procedures in place at that time. 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 disclaims 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 our e-mail service or that defects in the
Services software will be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our e-mail 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 e-mail
service or any transactions entered into through the e-mail service. No advice or
information, whether oral or written, obtained by you from us or through the e-mail service
shall create any warranty not expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply to you.
REVOCATION. You agree that we may delete your domain name or terminate your right to
use other Services if the information that you provided to register or reserve your domain
name or register for other Services, or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely consider material to our
decision to register or reserve your domain name. You agree that we may, in our sole
discretion, delete or transfer your domain name at any time.
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, or to delete your domain
name 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 or reserve, or delete your domain name or
register you for other Services.
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.
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
parties.
NON-WAIVER. Our failure to require performance by the Registrant 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.
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 notice to us or to the RSP to registrar@domaingrabber.com or,
in the case of notice to you, at the e-mail address provided by you in
your WHOIS record or as updated from time to time. Mail shall be sent to:
domaingrabber.com
P.O. Box 795923
Dallas, TX 75379-5923
Attention: Legal Affairs
and to you at the mailing address provided in your Affiliate application or as
updated from time to time. 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. (CST time) and otherwise on the next
business day. Any communication sent via regular mail shall be deemed to have been validly
and effectively given 5 business days after the date of mailing.
ENTIRETY. You agree that this Agreement, the rules and policies published 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.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
TEXAS AND THE FEDERAL LAWS OF
THE UNITED STATES OF AMERICA APPLICABLE THEREIN
WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN COLLIN COUNTY AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY. You attest that you are of legal age to enter into this Agreement.
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 PARTICIPATING IN THE AFFILIATE NETWORK AND ARE
NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
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