|1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we", us" and
"our" refer to TUCOWS.com Inc. and "Services" refers to the domain
name registration provided by us as offered through SeaPort computer Systems, the
Registration Service Provider ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and
belief, neither the registration of the SLD name nor the manner in which it is directly or
indirectly used infringes the legal rights of a third party and that the Domain Name is
not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree to pay to us, or
your respective RSP who remits payment to us on your behalf, the applicable service(s)
fees. All fees payable hereunder are non-refundable. As further consideration for the
Services, you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information"). You, by
completing and submitting this Agreement represent that the statements in your application
4. TERM. You agree that the Registration Agreement will remain in full force during the
length of the term of your Domain Name Registration. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. This Agreement will remain in full
force during the length of the term of your Domain Name Registration as selected,
recorded, and paid for upon registration of the Domain Name. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you transfer your domain name
or should the domain name otherwise be transferred due to another Registrar, the terms and
conditions of this contract shall cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in force between SLD holders and
the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we
may: (1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s) on our web
site, or on notification to you by e-mail or regular mail as per the Notices section of
this agreement. You agree to review our web site, including the Agreement, periodically to
be aware of any such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice by e-mail or
regular mail as per the Notices section of this agreement. Notice of your termination will
be effective on receipt and processing by us. You agree that, by continuing to use the
Services following notice of any revision to this Agreement or change in service(s), you
shall abide by any such revisions or changes. You further agree to abide by the ICANN
Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to
time. You agree that, by maintaining the reservation or registration of your domain name
after modifications to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with
us, you must use your Account Identifier and Password that you selected when you opened
your account with us. Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be bound by the
Dispute Policy which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the provisions specified in
the Dispute Policy in effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the name or (2) for the
resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall
nonetheless be the SLD holder of record and are therefore responsible for providing your
own full contact information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely resolution of any
problems that arise in connection with the SLD. You shall accept liability for harm caused
by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to
the party providing you reasonable evidence of actionable harm. You also represent that
you have provided notice of the terms and conditions in this Agreement to the third party
and that the third party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute information to you that
is pertinent to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add security or
to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability resulting from
access delays or access interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of the possibility of
such damages. In no event shall our maximum liability exceed five hundred ($500.00)
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims and
expenses, including without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, including attorney's fees, of third
parties relating to or arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement by you, or someone
else using the Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in deactivation of your
14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the
controlling user name and password are secured shall be the owner of the domain name. You
agree that prior to transferring ownership of your domain name to another person (the
Transferee") you shall require the Transferee to agree, in writing to be bound by all
the terms and conditions of this Agreement. Your domain name will not be transferred until
we receive such written assurances or other reasonable assurance that the Transferee has
been bound by the contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable transfer fee. If the
Transferee fails to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such transfer will be null
15. BREACH. You agree that failure to abide by any provision of this Agreement, any
operating rule or policy or the Dispute Policy provided by us, may be considered by us to
be a material breach and that we may provide a written notice, describing the breach, to
you. If within thirty (30) calendar days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or reservation of
your domain name. Any such breach by you shall not be deemed to be excused simply because
we did not act earlier in response to that, or any other breach by you.
16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your
own risk. You agree that such Service(s) is provided on an "as is," "as
available" basis. We expressly disclaim all warranties of any kind, whether express
or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results that may be
obtained from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any transactions entered into
through the Service. No advice or information, whether oral or written, obtained by you
from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged to provide us the following
i) Your name and postal address (or, if different, that of the domain name holder);
ii) The domain name being registered
iii) The name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name.
iv) The name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the billing contact for the domain name.
Any other information which we request from you at registration is voluntary. Any
voluntary information we request is collected such that we can continue to improve the
products and services offered to you through your RSP.
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 ICANN and applicable laws may require or
permit. You further agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our WHOIS service) or
other purposes as required or permitted by ICANN and the applicable laws. You hereby
consent to any and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such disclosure or use
of your domain name registration information by us. You may access your domain name
registration information in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service, made available by us through
your RSP. We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement. We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful
failure promptly to update information provided to us, or your failure to respond for over
fifteen calendar days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the SLD registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services within thirty (30)
calendar days from receipt of your payment for such services. In the event we do not
register or reserve your domain name or register you for other Services, or we delete your
domain name or other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or delete your domain name
or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint enterprise between
24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall
not affect the full right to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken or held to be a waiver of
the provision itself.
25. NOTICES. Any notice, direction or other communication given under this Agreement shall
be in writing and given by sending it via e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of e-mail
notification to us or to the RSP to email@example.com or Dave@SeaPortNet.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
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:
Registrant Affairs Office
96 Mowat Avenue
- OR -
SeaPort computer Systems
2828 Field Stone Street
Modesto CA 95355
|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
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.
SeaPortNetHosting Website Hosting
Acceptable Use Policy and Terms
This page contains important information regarding the Terms and Conditions of Service which apply to Website Design and Hosting accounts with SeaPortNetHosting. Please note that the information contained herein is subject to change without notice. The information on this page was last revised on 7/20/08 and is effective 7/20/08. Please review this page often to be aware of any updates to our Website Hosting Acceptable Use Policy and Terms.
Your continued use of SeaPortNetHosting’ services indicates acceptance of these terms, conditions and policies.
Services Provided by SeaPortNetHosting
SeaPortNetHosting will provide Internet server space rental ("the Service") to its clients for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows clients to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Clients will use the provided services in a manner consistent with any and all applicable laws of the State of California and the U.S. Government. SeaPortNetHosting provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, SeaPortNetHosting can terminate client's account without notification.
Client agrees that web pages and files uploaded to our servers will not violate any state or federal laws or regulations; infringe on any intellectual property rights of SeaPortNetHosting or any third party; are not defamatory, slanderous or trade libelous; are not threatening or harassing; are not discriminatory based on gender, race, age or promote hate; nor contain viruses or other computer programming defects which may result in damage to SeaPortNetHosting or any third party. Customers may not run IRC, bots or clients, proxies/port "bouncers," etc. (BNC, shelld). Unacceptable uses also include: Bulk emailing, unsolicited emailings, newsgroup spamming, third party chat scripts, pornographic content or links to adult websites, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, illegal MP3's.
SeaPortNetHosting offers a range of 30 to 800 megs of data transfer per month, based on the individual hosting package. Accounts that use more than the allotted transfer per month will be charged $4 (US) per gig each month. SeaPortNetHosting reserves the right to impose the Excessive Resource User Policy for the consideration of all customers.
Excessive Resource User Policy:
Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolizing the resources available, SeaPortNetHosting reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. SeaPortNetHosting will be the sole and final arbiter as to what constitutes a violation of this policy.
"Spam" originating from a SeaPortNetHosting client's account or associated with any SeaPortNetHosting client's account is not tolerated. This includes any e-mail that promotes web sites hosted on an SeaPortNetHosting hosted account but is sent from an e-mail address not associated with that SeaPortNetHosting client's account. Client shall not use their SeaPortNetHosting services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. SeaPortNetHosting reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. Accounts canceled due to Spam will be charged a clean-up fee of $200.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Although SeaPortNetHosting will make every reasonable effort to protect and backup data for Client on a regular basis, Client is responsible for making back-up files in connection with its use of the Services. There is a fee of $75 for our Administrator to retrieve clients' back-up files on request. Client is solely responsible for independent backup of data stored on SeaPortNetHosting' server and network.
Disclaimer of Warranty:
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. SeaPortNetHosting will pursue all resources and channels available to maintain availability to you, however, SeaPortNetHosting is not responsible for any interruption in service or down time that may occur, whether due to the act or negligence of SeaPortNetHosting. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain to another provider.
SEAPORTNETHOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES PROVIDED.
Billing, Payment Terms and Refunds:
The Billing Cycle begins on the fifteenth day of the month following the day services are initially ordered, and runs from the 15th of a month to the 14th of the following month. For hosting accounts, the Billing Cycle begins the fifteenth day of the month following the day the site goes live. In other words, if your site goes live on the 8th day of a month, your first invoice will be sent out on the 15th of the same month. If your site goes live on the 17th of a month, your first invoice will be sent out on the 15th of the following month.
All payment must be made in US dollars. Payment for services may be made by Money Order, business or personal checks. You may also pay your bill by credit card using PayPal. Our PayPal business account address is firstname.lastname@example.org; please indicate invoice number when making payment. Please do not use this email account for correspondence.
Hosting Fees: Hosting fees are charged in advance, and may be paid for monthly, quarterly or annually. Refunds after the first thirty (30) days will not be negotiated.
Domain Name Registration/Renewal/Transfer Fees: These fees are charged in advance on an annual basis. Transferring your domain to our registrar extends your existing registration period by one year. Domain name registrations, renewals or transfer requests are non-refundable.
Please note that your domain name registration will NOT automatically renew at the end of each registration period. If we have registered your domain name, or transferred your domain name to our registrar, we will notify you by U.S. Mail and/or E-mail at least thirty (30) days prior to the end of your registration period that your domain name is due to expire.
Our registrar of choice is Tucows. If you have registered your domain name yourself or through any other provider, SeaPortNetHosting is not responsible for notifying you of impending domain expiration and is not responsible for any loss of services associated with the expiration of your domain name. It is your responsibility to be aware of when your domain name registration is due to expire, regardless of who is responsible for registering or renewing your domain name.
To check on the expiration date of your domain name, visit www.betterwhois.com and input your domain name. While there, please review the contact information listed for your domain name. If it is incorrect, please notify us or whoever registered your domain name.
Renewal fees for .com, .org, and .net domain names registered through our services are thirty-five dollars ($35.00) per year. Most domain names may be renewed for up to nine years at a time. We must receive payment prior to the expiration date in order to extend the registration. If we have not received your payment for renewing your SeaPortNetHosting-registered domain name by its expiration date, we will assume you intend to let the domain name lapse.
Please be aware that if your domain name or service is discontinued, any email, website, or other services that were associated with it will be affected. Additionally, if your domain is not renewed prior to the expiration date, it will go into a “Redemption Period” during which the registrar may charge up to two hundred fifty dollars ($250.00) to reactivate the domain. We have no control over this fee. After being in the Redemption Period, which lasts from 60 to 90 days, unrenewed domain names are returned to the open market and are subject to registration by other parties.
Web Site Design, Development, Updates/Maintenance, Consultation, Research, Programming or other Service Fees: These fees are billed at our standard hourly rates of fifty-five dollars ($55) for Web Site Design, Development, Updates/Maintenance, Consultation and Research, and one hundred dollars ($100) per hour for Programming. Fees for these services are invoiced on the 15th of each month. Any work requested within a billing cycle will accrue a one-half hour minimum charge and work in excess of one-half hour will be billed in half-hour increments rounded up. If you think you will require more than one update in the course of a billing cycle, it may benefit you to submit all update requests at one time instead of several days or more apart.
Payment is due on receipt. If payment is not received within 30 days following the invoice date, a five dollar ($5.00) late payment fee will be added and no further updates will be performed until your account is paid in full. This late fee will accrue each month that your account is in arrears.
Hosting - Account Suspension/Termination for nonpayment:
If an invoice for any services associated with an account with SeaPortNetHosting is not paid within thirty (30) days after the date of the invoice, a five dollar ($5.00) late fee may be added each month that the account is past due, and a "Notice of Impending Suspension" will be mailed out. Note that we do not differentiate between hosting and other services in past due accounts; any payment received will be applied first to the past due amount and then to the current charges, regardless of whether you specify your payment to be “for hosting only” or similar.
If no payment has been received within sixty (60) days following date of invoice, the account will be suspended and all access to your files and site will be shut off. To have your account unsuspended due to a non-payment, a twenty five dollar ($25.00) service charge will apply in addition to the amount past due.
Accounts that remain unpaid for ninety (90) days following date of invoice are subject to removal from the server. To have your site reloaded onto the server after being removed for nonpayment, a nonrefundable one hundred fifty US dollar ($150.00) reactivation fee must be received in addition to the full amount previously due.
In the event that a client has been allowed to accumulate a debt beyond the due date of a payment and the client then makes a partial payment on any outstanding amount, such payment will be offset against the largest and/or oldest amount outstanding.
Uncollected past due accounts are subject to submission to a third-party collection agency. Client shall be liable for all fees associated with such collection actions. Accounts which have been placed with collections will be subject to the late payment fee as described above.
SeaPortNetHosting is not liable for any loss of profits, projected profits, or the loss of any other monetary or non-monetary benefits resulting from the termination of an account.
There is a twenty-five US dollar ($25) service charge for returned checks or credit card charge backs.
It is not our desire to put any of our clients out of business. If you are experiencing an unusual hardship and are finding it difficult to pay your amount due in full, please call for arrangements to avoid suspension/removal of your account. However, no leniency that we may show in terms of any of the above at any time, will in any way and under any circumstances constitute a waiver of any of our rights to enforce any and all of our terms and conditions at any time in the future.
Your continued use of SeaPortNetHosting’ services indicates acceptance of these terms, conditions and policies.