Registration Agreements (.com, .net, .org, .tv, .name,
.info, .biz, .us, .cc)
.com, .net. .org
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", "us" and "our" refer to Austin
Data Works and "Services" refers to the domain name registration
provided by us as offered through Tucows, Inc., the Registration Service
Provider ("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for the 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 agree to pay the 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 Account Information and all other statements
put forth in your application are true, complete and accurate. Both Austin Data
Works and the Registry reserve the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our agreement which will entitle
either us or the Registry to terminate this agreement immediately upon such
breach without any refund and without notice to you.
4. TERM. 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 the domain name be
transferred to another Registrar, the terms and conditions of this contract
shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry
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 further agree to be bound by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as presently written and
posted on http://www.icann.org/udrp.udrp-policy-24oct99.htm
and as such 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.icann.org/udrp.udrp-policy-24oct99.htm.
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. For any dispute, you agree to submit to the jurisdiction of the
courts of The Province of Ontario.
9. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Austin Data
Works, Registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Austin Data Works,
Registry, ICANN or government-adopted policy, (1) to correct mistakes by us or
the Registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
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 any 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). 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.
13. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and affiliates and
VeriSign, Inc., and its directors, officers, employees, agents 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 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 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 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 acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to 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 information:
(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;
and
(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.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
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, 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 accessor disclosure, alteration or
destruction of that information.
20. REVOCATION. Your wilful 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. 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
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 parties.
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 hostmaster@austindataworks.com
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:
Austin Data Works
ATTN: Registrant Affairs
12407 N Mopac Expwy
Ste. 100 – No. 454
Austin, TX 78758
USA
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.
29. FORCE MAJEURE. You acknowledge and agree that neither we nor the
Registry shall be responsible for any failures or delays in performing our
respective obligations hereunder arising from any cause beyond our reasonable
control, including but not limited to, acts of God, acts of civil or military
authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
30. 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.
31. 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.
.tv
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", "us" and "our" refer to Austin
Data Works and "Services" refers to the .tv domain name registration
provided by us as offered through Tucows, 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 registration.
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 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://resellers.tucows.com/opensrs/legal.
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 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 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 information:
(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.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
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 information.
20. REVOCATION. Your wilful 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. 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
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 parties.
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 hostmaster@austindataworks.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 RSP
shall be sent to:
OUR ADDRESS:
Austin Data Works
ATTN: Registrant Affairs
12407 N Mopac Expwy
Ste. 100 – No. 454
Austin, TX 78758
USA
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.
29. 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.
.name
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration and/or recipient of email forwarding services,
"we", "us" and "our" refer to Austin Data Works,
"Registry Operator" refers to The Global Name Registry Ltd. and
"Services" refers to the domain name registration and email
forwarding provided by us as offered through Tucows, Inc. ("RSP").
This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
2. .name RESTRICTIONS. Registrations in the .name top-level domain must
constitute an individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a
person's legal name, or a name by which the person is commonly known. A
"name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage name used by a
singer or actor.
3. .name REPRESENTATIONS. As a .name domain name Registrant, you hereby
represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) 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 of the
information provided correct, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm; and
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option, include
email forwarding. To the extent you opt to use email forwarding, you are
obliged to do so in accordance with all applicable legislation and are
responsible for all use of email forwarding, including the content of messages
sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available at http://www.theglobalname.org/ as well
as the following restrictions. Without prejudice to the foregoing, you
undertake not to use email forwarding:
(a) to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening, obscene
or offensive messages, spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material;
(b) to gain illegal access to systems or networks by unauthorized access to or
use of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient approval of the
owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other forms of harassment; or
(d) for spamming, which includes, but is not restricted to, the mass mailing of
unsolicited email, junk mail, the use of distribution lists (mailing lists) which
include persons who have not specifically given their consent to be placed on
such distribution list. Users are not permitted to provide false names or in
any other way to pose as somebody else when using email forwarding.
(iii) Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's email forwarding. However, due to the nature of
such systems, which actively block messages, Registry Operator shall make
public any decision to implement such systems a reasonable time in advance, so
as to allow you or us to give feedback on the decision.
(iv) You understand and agree that Registry Operator may delete material that
does not conform to clause (c) above or that in some other way constitutes a
misuse of email forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to email forwarding if you use
email forwarding in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the email forwarding unless it would damage
the reputation of Registry Operator or jeopardize the security of Registry
Operator or others to do so. Registry Operator reserves the right to immediately
discontinue email forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach of this Agreement.
On discontinuing email forwarding, Registry Operator is not obliged to store
any contents or to forward unsent email to you or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material in
connection with your email forwarding, either we and/or Registry Operator will
do so in accordance with such requirement and without notice to you.
5. FEES. As consideration for the Services you have selected, you agree
to pay the 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that we may in our sole
discretion: (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://resellers.tucows.com/opensrs/legal
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. We will not refund any fees paid by you
if you terminate your agreement with us.
8. 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. You will not be able to transfer your domain name during the first
sixty (60) days following registration of the domain name with us. Beginning on
the sixty-first (61st) day following the registration, the policies set forth
at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy. In addition, you
hereby acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they may be amended
from time to time, which are hereby incorporated and made an integral part of
this Agreement.
(i) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection with the opening of
the Registry TLD. The following categories of Personal Name Registrations may
be registered: (i) the Personal Name of an individual; (ii) the Personal Name
of a fictional character, if you have trademark or service make rights in that
character's Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end of the Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD email
address registrations within .name on the grounds that a Registrant does not
meet the Eligibility Requirements, and (ii) to Defensive Registrations (as
defined by the Registry Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet
domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our
sole discretion, may modify our dispute policy. We will post any such revised
policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or registration of
your domain name or SLD email address 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.
11. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject to
the provisions specified in our 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 set forth below in this agreement. 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.
12. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, 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.
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.
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.
You agree that neither we nor the Registry Operator will have any liability of
any kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without limitation,
your ability or inability to obtain a .name domain name or SLD email address
registration using these processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or NameWatch Registration (as
defined by the Registry Operator), including the decision of any dispute
resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, our 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 out of or relating to the domain name registered 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 both us and
the Registry Operator harmless pursuant to the terms and conditions contained
in the Dispute Policies. 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
to be 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 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. 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, 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 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. 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:
(i) Your full name, postal address, e-mail address and voice telephone number
and fax number (if available) (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 telephone number and
fax number (if available) telephone numbers of the administrative contact, the
technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by ICANN and may be
sold in bulk in accordance with ICANN policy. You further understand and agree
that the foregoing registration data may be transferred internationally.
22. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
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 information.
23. REVOCATION. Your wilful 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. 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
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, to protect the integrity and
stability of the Registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with the dispute
resolution process, or to avoid any liability, civil or criminal, on our part
and/or that of the Registry Operator, as well as our affiliates, subsidiaries,
officers, directors and employees. We and the Registry Operator reserve the
right to suspend a domain name during the resolution of a dispute.
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 a 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.
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
hostmaster@austindataworks.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 RSP shall be sent
to:
Our address:
Austin Data Works
ATTN: Registrant Affairs
12407 N Mopac Expwy
Ste. 100 – No. 454
Austin, TX 78758
USA
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, ICANN 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. 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.
31. INFANCY. You attest that you are of legal age to enter into this
Agreement.
32. 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.
.biz
.info
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.
Our Address:
Austin Data Works
ATTN: Registrant Affairs
12407 N Mopac Expwy
Ste. 100 – No. 454
Austin, TX 78758
USA
and in the case of notification to you shall be to the address specified in the
“Administrative Contact” in your WHOIS record.
.us
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 Austin Data Works,
"Registry Operator" refers to NeuStar Inc., "DOC" refers to
the United States of America Department of Commerce, and "Services"
refers to the domain name registration provided by us as offered through Tucows,
Inc. ("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .us NEXUS REQUIREMENT. Only those individuals or organizations that
have a substantive lawful connection in the United States are permitted to
register for .usTLD domain names. Registrants in the .usTLD must satisfy the
nexus requirement ("Nexus" or "Nexus Requirements") set out
at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
4. FEES. As consideration for the Services you have selected, you agree
to pay the 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.
5. 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.
6. 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.
7. 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.
8. 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 and the usDRP, as defined below, that
is incorporated herein and made a part of this Agreement by reference. Please
take the time to familiarize yourself with these policies.
9. DOMAIN NAME DISPUTES. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the following documents, as
they may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
I.
The Nexus Dispute Policy ("Dispute Policy"),
available at http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
II.
The usTLD Dispute Resolution Policy ("usDRP"),
available at http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. In addition
to the foregoing, you agree that, for the adjudication of disputes concerning
or arising from use of the Registered Name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the
courts (i) of your domicile,
III.
where Tucows is located, and
IV.
the United States.
10. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant
to any Tucows, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a DOC 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. The Registry Operator's policies can be found at http://www.neustar.us/policies.
11. 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.
12. 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.
13. 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.
14. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, the DOC, 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.
15. 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
to be 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.
16. BREACH. You agree that failure to abide by any provision of this
Agreement including but not limited to any failure to abide by the Nexus
Requirements, 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 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.
17. 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.
18. 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 the DOC. 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.
19. 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:
I.
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);
II.
The domain name being registered;
III.
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;
IV.
The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
V.
In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to the DOC, 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 the DOC 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 information.
21. REVOCATION. Your wilful 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. 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 the DOC or Registry Operator
policy.
22. 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.
23. 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. 24. 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.
25. 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.
26. 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
hostmaster@austindataworks.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 RSP shall be sent
to:
Our address:
Austin Data Works
ATTN: Registrant Affairs
12407 N Mopac Expwy
Ste. 100 – No. 454
Austin, TX 78758
USA
and in the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record
27. ENTIRETY. You agree that this Agreement, the rules and policies
published by Tucows, the DOC 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.
28. 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.
29. INFANCY. You attest that you are of legal age to enter into this
Agreement.
30. 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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