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LEGAL STUFF
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Much as we want to keep this user
friendly... we are bound by certain legalities
and regulations that must also be agreed by the
customer.... that's YOU. These include The registration agreement
below and the
ICANN dispute
policy which are specific to our Discount
Domain Registration and the
general disclaimer
that covers all
1001resources.com
services. We don't write this stuff.... I'm afraid
it's not easy reading, but when you process a
registration you are agreeing to abide by these
terms and conditions so you really should take the
trouble to acquaint yourself with them.
Registration Agreement
1. AGREEMENT. In this Service Agreement
("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Tucows.com
and "Services" refers to the services provided by
us as offered through 1001resources.com (aka 1001
discount domains), the Registration Service
Provider ("RSP"). This Agreement explains our
obligations to you, and explains your obligations
to us for various Services. By selecting our
Services you have agreed to establish an account
with us for such Services. When you use your
account or permit someone else to use it to
purchase or otherwise acquire access to additional
Services or to cancel your Services (even if we
were not notified of such authorization), this
Agreement covers such service or actions. By using
the Services under this Agreement, you acknowledge
that you have read and agree to be bound by all
terms and conditions of this Agreement and any
pertinent rules or policies that are or may be
published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do
not check to see whether the domain name you
select, or the use you make of the domain name,
infringes legal rights of others. We urge you to
investigate to see whether the domain name you
select or its use infringes legal rights of others,
and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking
one or more trademark registrations in connection
with your domain name. You should be aware that
there is the possibility we might be ordered by a
court to cancel, modify, or transfer your domain
name. You should be aware that if we are sued or
threatened with lawsuit in connection with your
domain name, we may turn to you to hold us harmless
and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for
the services you have selected, you agree to pay us
the applicable service(s) fees. All fees payable
hereunder are non-refundable unless we provide
otherwise. As further consideration for the
Services, you agree to: (1) provide certain
current, complete and accurate information about
you as required by the registration process and (2)
maintain and update this information as needed to
keep it current, complete and accurate. All such
information shall be referred to as account
information ("Account Information"). You hereby
grant us the right to disclose to third parties
such Account Information. The Registrant, by
completing and submitting the Domain Name
Registration Agreement ("Registration Agreement"),
represents that the statements in its application
are true and that the registration of the selected
Domain Name, so far as the Registrant is aware,
does not interfere with or infringe upon the rights
of any third party. The Registrant also represents
that the Domain Name is not being registered for
any unlawful purpose.
4. MODIFICATIONS TO AGREEMENT. You agree, during
the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement;
and (2) change the services provided under this
Agreement. Any such revision or change will be
binding and effective immediately on posting of the
revised Agreement or change to the service(s) on
our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this
agreement, Section 20. You agree to review our web
site, including the Agreement, periodically to be
aware of any such revisions. If you do not agree
with any revision to the Agreement, you may
terminate this Agreement at any time by providing
us with notice by e-mail or regular mail as per the
Notices section of this agreement, Section 20.
Notice of your termination will be effective on
receipt and processing by us. You agree that, by
continuing to use the Services following notice of
any revision to this Agreement or change in
service(s), you abide by any such revisions or
changes. You further agree to abide by the ICANN
Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree
that, by maintaining the reservation or
registration of your domain name after
modifications to the Dispute Policy become
effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any
such modifications, you may request that your
domain name be deleted from the domain name
database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you
must use your Account Identifier and Password that
you selected when you opened your account with us.
Please safeguard your Account Identifier and
Password from any unauthorized use. In no event
will we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or
transferred a domain name to us from another
registrar, you agree to be bound the Dispute Policy
which is incorporated herein and made a part of
this Agreement by reference. The current version of
the Dispute Policy may be found
here. Please
take the time to familiarize yourself with such
policy.
7. DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to
the provisions specified in the Dispute Policy in
effect at the time of the dispute. You agree that
in the event a domain name dispute arises with any
third party, you will indemnify and hold us
harmless pursuant to the terms and conditions
contained in the Dispute Policy. For any dispute,
you agree to submit to the jurisdiction of the
courts of your domicile, the courts of the
geographic location indicated by your WHOIS
information for your domain name, and the courts of
Antigua and Barbuda.
8. AGENTS. You agree that, if an agent for you
(i.e., an Internet Service Provider, employee,
etc.) purchased our Services on your behalf, you
are nonetheless bound as a principal by all terms
and conditions herein, including the Dispute
Policy.
9. 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.
10. 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 development or
interruption of your Web site or email service. The
registrant agrees that we will not be liable for
any loss of registration and use of registrant's
domain name, or for interruption of business, or
any indirect, special, incidental, or consequential
damages of any kind 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.
11. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless from
all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided
hereunder or your use of the Services, including
without limitation infringement by you, or someone
else using the E-mail Service with your computer,
of any intellectual property or other proprietary
right of any person or entity, or from the
violation of any of our operating rules or policy
relating to the service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the
Dispute Policy. When we are threatened with suit by
a third party, we may seek written assurances from
you concerning your promise to indemnify us; your
failure to provide those assurances may be
considered by us to be a breach of your Agreement
and may result in deactivation of your domain name.
12. BREACH. You agree that failure to abide by
any provision of this Agreement, any operating rule
or policy or the Dispute Policy provided by us, may
be considered by us to be a material breach and
that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations
under the Agreement, then we may delete the
registration or reservation of your domain name or
terminate your e-mail account without further
notice. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier
in response to that, or any other breach by you.
13. NO GUARANTY. You agree that, by registration
or reservation of your chosen domain name, such
registration or reservation does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES. You agree and
warrant that the information that you provide to us
to register or reserve your domain name or register
for other Services is, to the best of your
knowledge and belief, accurate and complete, and
that any future changes to this information will be
provided to us in a timely manner according to the
modification procedures in place at that time. You
agree that your use of our Services is solely at
your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. we
expressly disclaims all warranties of any kind,
whether express or implied, including but not
limited to the implied warranties of
merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the
Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure,
or error free; nor do we make any warranty as to
the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability
of any information obtained through the our e-mail
service or that defects in the Services software
will be corrected. You understand and agree that
any material and/or data downloaded or otherwise
obtained through the use of the our e-mail service
is done at your own discretion and risk and that
you will be solely responsible for any damage to
your computer system or loss of data that results
from the download of such material and/or data. We
make no warranty regarding any goods or services
purchased or obtained through the e-mail service or
any transactions entered into through the e-mail
service. No advice or information, whether oral or
written, obtained by you from us or through the
e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not
allow the exclusion of certain warranties, so some
of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete
your domain name or terminate your right to use
other Services if the information that you provided
to register or reserve your domain name or register
for other Services, or subsequently to modify it,
contains false or misleading information, or
conceals or omits any information we would likely
consider material to our decision to register or
reserve your domain name. You agree that we may, in
our sole discretion, delete or transfer your domain
name at any time.
16. RIGHT OF REFUSAL. We, in our sole
discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you
for other Services, or to delete your domain name
within thirty (30) calendar days from receipt of
your payment for such services. In the event we do
not register or reserve your domain name or
register you for other Services, or we delete your
domain name or other Services within such thirty
(30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result
from our refusal to register or reserve, or delete
your domain name or register you for other
Services.
17. 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.
18. 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.
19. NON-WAIVER. Our failure to require
performance by the Registrant of any provision
hereof shall not affect the full right to require
such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the
provision itself.
20. NOTICES. Any notice, direction or other
communication given under this Agreement shall be
in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been
given when an electronic confirmation of delivery
has been obtained by the sender, in the case of
notice to us or to the RSP via
1001@1001resources.com (with the subject "DISCOUNT
DOMAINS LEGAL NOTICE") or, in the case of
notice to you, at the e-mail address provided by
you in your WHOIS record or as updated from time to
time. Mail shall be sent to Media Services
International Inc. P. O. Box 2704, St. John's,
Antigua, West Indies. and to you at the mailing
address provided in your Affiliate application or
as updated from time to time. Any e-mail
communication shall be deemed to have been validly
and effectively given on the date of such
communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. (eastern
time) and otherwise on the next business day. Any
communication sent via regular mail shall be deemed
to have been validly and effectively given 5
business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the
rules and policies published us and the Dispute
Policy are the complete and exclusive agreement
between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether
established by custom, practice, policy or
precedent.
22. GOVERNING LAW. THIS AGREEMENT SHALL BE
GOVERNED BY AND INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF ANTIGUA &
BARBUDA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN
ANTIGUA & BARBUDA AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest that you are of legal
age to enter into this Agreement.
24. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
AFFILIATE NETWORK AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
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