© 2012 Port Networks
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PN Terms & Conditions
Port Networks, Inc. ("us" or "our") provides communications services ("Services") to users who establish an account with our company and pay to use the Services ("you" or "your"). By establishing an account or using the Services, you agree to be bound by these Terms & Conditions, and to use the Services in compliance with our Appropriate Use Policy and other user policies, which can be read at http://portnetworks.com/policies.html.
If you do not agree, you may not use the Services now or in the future.
1. OUR SERVICES
a. We will provide the Services listed in your printed or online order, either directly or through our partners. If, at your request, we provide additional services or services different from those listed on your order, the payment due from you may change.
b. We will bill you for the Services at the start of the period in which we provide them, through an invoice, a withdrawal from your bank account, or a charge to your credit or debit card account, depending on the payment arrangement you have established with us.
c. We will also bill you for any taxes, regulatory fees, or other surcharges applied to the Services by local, state, or federal authorities.
d. We will continue to bill you at the start of each new period for Services that feature automatic renewal. To discontinue automatic renewal, please use the form at http://close.portnetworks.net, or contact us at (410) 637-3707. Services billed by the day or week do not feature automatic renewal.
e. We reserve the right to suspend or cancel delinquent accounts at our sole discretion; however, charges will continue to accrue until the account is fully paid. We may bill an additional charge to reinstate a suspended account.
f. We may change the configuration of our systems or networks at any time, and we reserve the right to direct you to certain channels, wireless networks, access points, or connection methods as part of those changes.
g. We reserve the right to make the Services unavailable for short periods in order to conduct maintenance or install upgrades. We will make every effort to schedule these periods during early morning hours to minimize disruptions to the Services.
2. YOUR USE OF THE SERVICES
a. You must be at least 18 years of age in order to use our Services, and you are responsible for determining whether they are appropriate for your intended use.
b. You must provide us with accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information to us immediately.
c. You must ensure that any password or key we provide to you in conjunction with your use of the Services is kept confidential so that no one else may access the Services using that information. You must notify Port Networks immediately upon discovering any unauthorized use of your account.
d. You must ensure that any equipment we provide to you in conjunction with your use of the Services is protected against misuse, theft, or damage. You are responsible for returning any of our equipment in your possession should you cease to use the Services.
e. You are responsible for all charges to your account. To dispute a charge to your account, you must contact us at (410) 637-3707 or firstname.lastname@example.org within 30 days of the charge in order to be eligible for a refund or credit. You are responsible for any third-party charges or expenses (e.g., overdraft charges, fees for exceeding credit card limits, etc.) resulting from your use of our Services.
f. You are responsible for obeying all applicable laws while using our Services.
3. PROHIBITED PRACTICES
a. You may not use our Services for high-volume outbound email or other practices that expose our network to retaliatory action from other Internet Service Providers. Unless you receive express permission from Port Networks, you may not use our Services to operate servers, including but not limited to mail servers, IRC serves, FTP servers, or worldwide web servers.
b. You may not use our Services in an attempt to break security, or so as to actually break security of any computer network, or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient.
c. You may not e-mail, post or transmit unlawful, unsolicited, threatening, abusive, hateful, libelous, defamatory, profane or illegal material, or otherwise objectionable information of any kind, including without limitation any material that violates any local, state, national or international law or regulation.
d. You may not post or transmit any information or software which contains a virus, worm, Trojan horse or other harmful software component.
a. Your use of the Services does not constitute a sale of assets or a transfer of intellectual or real property, and the work we perform to provide you with our Services is not work for hire.
b. Any components, cabling, accessories, or other equipment we provide to you in conjunction with your use of the Services remains our property, unless we sell it to you as part of a transaction. We are responsible for all applicable property, use, sales, or other taxes due on our equipment. We may remove or change this equipment at our discretion, and you may not use it for any purpose other than to use our Service. You may not modify or repair our equipment, or have it modified or repaired by any third party, and you may not sell or transfer our equipment to any third party, or move our equipment to a different location. If you move, or cease to use our Services, you must return our equipment or pay us the full retail price of any equipment that must be replaced because it has been lost, stolen, unreturned, damaged, sold, or transferred.
c. Usernames, passwords, and Port Networks email addresses are our property and we may alter or replace them at any time.
d. All of the processes, methods, techniques, and materials we use to provide you with our Services are our intellectual property, and you agree to keep them confidential should they come into your possession.
5. TERM & TERMINATION
a. The original term of our Agreement begins on the Start Date listed on the first page of our Agreement, and ends on the End Date listed on the first page of our Agreement. Unless terminated according to the provisions of the following paragraphs, our Agreement shall automatically renew at the end of the original term, and at the end of each subsequent term thereafter, for an additional term of the same duration.
b. We may terminate our Agreement at any time if we determine that you have not paid for the Services you have received, or that you have used the Services in a way that has interfered with the use of our Services by others, or that you have violated the terms of this Agreement, or our other policies, or any applicable law.
c. Either of us may terminate our Agreement at the expiration of the original term or any renewal term by providing written notice of termination to the other party before the end of that term.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
a. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PORT NETWORKS, WE DO NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR OFFENSIVE. WE HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET.
b. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORT NETWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH OUR SERVICES OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY US SHALL CREATE A WARRANTY. WE ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, OUR CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
a. Governing Law. Interpretation of these terms and conditions will be governed in all respects by the laws of the State of Maryland, without regard to any provisions thereof relating to conflicts of laws among different jurisdictions.
b. Arbitration. Any dispute between us will be settled by arbitration in accordance with the rules of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated. Any arbitration will be conducted in the City of Baltimore, Maryland, unless both parties consent to a different location. The decision of the arbitrator will be final and binding upon both of us. The prevailing party will be awarded all of its filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
c. We may assign your account to any entity that purchases Port Networks in its entirety, or purchases substantially all of our assets.
d. Non-enforcement of any particular term or condition does not constitute consent and we reserve the right to enforce each term or condition individually, in our sole discretion. If one or more terms or conditions are found to be unenforceable or invalid, all others will remain valid.
v. 20140425 (c) Port Networks, 2014
For more information about any of the above, please send an email to email@example.com
PN Appropriate Use Policy
Our Appropriate Use Policy (AUP) is intended to help protect our customers, and the Internet community, from inappropriate use of the Internet. A customer's use of Port Networks services constitutes acceptance of this AUP. We reserve the right to revise and update this AUP from time to time.
Section 1. Violations and Descriptions of Appropriate Use
Our AUP prohibits the following:
Impersonation/Forgery: Adding, removing, or modifying identifying network header information ("spoofing") in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers and nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed provided appropriate contact information is contained in the body of the posting.
Privacy violations: Attempts, whether successful or unsuccessful, to gain access to any electronic systems, networks or data, without proper consent, are prohibited.
Threats: Threats of bodily harm or destruction of property are prohibited.
Harassment: Threatening or harassing activity is prohibited.
Illegal Use: The use of Port Networks service for illegal purposes is prohibited.
Reselling: The resale of Port Networks service without proper authorization from Port Networks Enterprises, Inc. is prohibited.
Network Disruptions and Network unfriendly activity: Any activities which adversely affect the ability of other people or systems to use Port Networks services or the Internet are prohibited. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.
It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Sending unsolicited commercial e-mail is prohibited.
Using a Port Networks e-mail or website address to collect responses from unsolicited commercial e-mail is prohibited.
Sending large volumes of unsolicited e-mail, whether or not that e-mail is commercial in nature, is prohibited.
Activities that have the effect of facilitating unsolicited commercial e-mail, or large volumes of unsolicited e-mail whether or not that e-mail is commercial in nature, are prohibited.
Using a Port Networks website address or Port Networks hosted web account to collect responses from unsolicited commercial e-mail is also prohibited.
Internet Relay Chat (IRC)
The use of IRC bots is prohibited. The violation of any accepted policies on IRC servers is prohibited.
Excessive bandwidth or disk utilization
Port Networks account descriptions specify any limits on bandwidth and disk utilization. The use of bandwidth or disk space in excess of those limits is not permitted. Bandwidth utilization is determined by the total number of bytes transferred from an account's Web space. Disk utilization is determined by the total number of bytes required to store an account's Web and Mail data.
If Port Networks determines that excessive bandwidth or disk space utilization is adversely affecting Port Networks's ability to provide service, Port Networks may take immediate action. Port Networks will attempt to notify the account owner by e-mail as soon as practicable.
In case it is necessary to protect against any use of our services that would degrade the overall performance of our network, Port Networks reserves the right to filter ports that may support unapproved server activity. By default, Port Networks does not filter any ports.
Section 2. Reporting to Port Networks's TOS/Abuse department
Port Networks requests that anyone who believes that there is a violation of this AUP should direct the information to the company at firstname.lastname@example.org.
Copyright owners who believe that our network contains material that infringes their intellectual property rights may contact us via email@example.com or by writing to Abuse Department, Port Networks, 401 E Pratt St, Ste 2553, Baltimore, MD 21202.
Port Networks customers who wish to report "spam" they have received from a non-Port Networks source should send copies of the email they received along with full header information to the same address. These messages may not receive a response, but Port Networks may use the information received at this address to aid in the development of Port Networks' filter lists.
Port Networks may take any one or more of the following actions in response to compaints:
- issue warnings: written or verbal
- suspend the customer's newsgroup posting privileges
- suspend the customer's account
- terminate the customer's account
- bill the customer for administrative costs and/or reactivation charges
What information should be submitted?
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do syslog files.
Section 3. Possibility of Termination
In accordance with the DMCA, it is Port Networks policy to terminate service to any customer or user who has been found on more than one occasion to infringe intellectual property rights or other third party copyright, or whom Port Networks, in its sole discretion, believes is infringing these rights. Port Networks may terminate service at any time with or without notice.
For more information about any of the above, please send an email to firstname.lastname@example.org
As a Port Networks customer, you've provided us with personal and financial information during the enrollment process. We understand that you did so because you trusted us to keep this information private. As individuals and as a company, we are committed to maintaining that trust by safeguarding your personal and financial information in every way possible.
First, and most importantly, we do not sell customer information—whether it is your personal information or the fact that you are a Port Networks customer—to anyone. Your information is used only by us, for the purpose of providing you wireless network connectivity, or to make you aware of other products and services that we offer.
Information We Collect
You provided personal information when you opened a Port Networks account. (We also store information that is provided by people who begin, but do not complete, the enrollment process.) You may also provide personal information when you request assistance from Port Networks or one of the Port Networks-affiliated companies.
In addition to personal information you provide to us, we may receive information about you that you authorize third parties to provide to us. We also may obtain personal information from third parties in order to verify your identity and prevent fraud, or to help us identify products and services that may benefit you.
Personal information collected from all of these sources may include your:
- Name and address
- Telephone number
- Social Security number or taxpayer identification number
- Credit card or checking account information
- Email address
- Computer configuration information
How We Use this Information
We do not sell information about current or former customers or their accounts to third parties. Nor do we share such information, except when needed to provide support or complete transactions made at your request, or to make you aware of related products and services that we offer.
In certain instances, we may contract with nonaffiliated companies to perform services for us. Where necessary, we will disclose information we have about you to these third parties. In all such cases, we provide the third party with only the information necessary to carry out its assigned responsibilities and only for that purpose. And, we require these third parties to treat your private information with the same high degree of confidentiality that we do.
Finally, we will release information about you if you direct us to do so, if we are compelled by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud).
How we protect privacy online
Our website uses some of the most secure forms of online communication available, including data encryption, Secure Sockets Layer (SSL) protocol, and user names and passwords. These technologies provide a high level of security and privacy when you access your account information, initiate online purchases from Port Networks, or send secure messages.
Port Networks.com offers customized features that require our use of "HTTP cookies"—tiny pieces of information that we ask your browser to store. However, we make very limited use of these cookies. We don't use them to pull data from your hard drive, to learn your e-mail address, or to view data in cookies created by other websites. We won't share the information in our cookies or give others access to it—except to help us better serve your internet access needs.
We restrict access to information about you to those Port Networks employees who need to know the information to provide products or services to you. We maintain strict physical, electronic, and procedural safeguards to protect your personal information.
What You Can Do
For your protection, we recommend that you do not provide your account information, user name, or password to anyone. If you become aware of any suspicious activity relating to your account, please contact us immediately.
We'll Keep You Informed
We reserve the right to modify this policy at any time, but rest assured that if we do make changes, we'll tell you promptly.
For more information about any of the above, please send an email to email@example.com
PN Service Level Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES.
This Service Level Agreement is referenced by the terms and conditions under which Port Networks provides commercial Internet access services, and describes the following commitments that Port Networks makes to its commercial clients:
- Service Activation Commitment
- Network Availability Commitment
- Network Latency Commitment
- Packet Delivery Commitment
If Port Networks fails to meet any of these commitments, it will provide eligible clients with a Service Credit, as defined later in this Agreement.
1. SERVICE ACTIVATION COMMITMENT
Port Networks commits to providing Clients located within two miles of an existing Port Networks point-of-presence (POP) service activation within twenty (20) business days of the date it accepts a sales order. Forclients in other locations, Port Networks will provide an activation date based on location, bandwidth required, and other factors, and commits to providing service activation by that date. If Port Networks fails to meet these commitments, Client will receive, at its request, one (1) month of Service Credit.
In order to accept a sales order, Port Networks must receive a signed client Service Agreement, signed price quotation or authorized Purchase Order, and (if requested by Port Networks) a completed credit application.
In order to be eligible for a Service Credit, Client or its representative must cooperate with Port Networks in the installation process, must accurately complete an order form containing detailed demarcation information and onsite contact information, and must be physically present at the time of service activation and must provide access to the designated building’s phone closet(s) on the date(s) agreed to by Port Networks’ Installation Manager. Changes to an order made by or on behalf of client or the occurrence of events outside the reasonable control of Port Networks (see Force Majeure, defined below) may invalidate these commitments. These commitments are not offered to Client if installation charges have been waived.
2. NETWORK AVAILABILITY COMMITMENT
Port Networks guarantees Network Availability of 99.99% across its network backbone and commercial Internet access connections. If the company’s network backbone or Client’s connection is unavailable for more than 30 consecutive minutes, Client will receive, at its request, one (1) day of Service Credit for each cumulative hour of Network Unavailability in any calendar month. Network Unavailability of less than one hour will result in a proportional Service Credit. (For example, 2 hours, 15 minutes of Network Unavailability will result in 2.25 days of Service Credit.) Clients are eligible for no more than one (1) month of Service Credit in any calendar month.
3. NETWORK LATENCY COMMITMENT
Port Networks measures “network latency” as the time required to deliver a packet from a client’s demarcation point to the core router through which that packet will be delivered from Port Networks to the Internet. Port Networks commits to providing latency of 60 milliseconds or less. If Client notifies Port Networks that it is experiencing sustained latency in excess of 60 milliseconds, and Port Networks is unable to provide an adequate remedy within four (4) hours of being notified, Client will receive, at its request, a Service Credit for the period between the time of notification and the time at which latency is again less than 60 milliseconds. Clients are eligible for no more than one (1) month of Service Credit in any calendar month.
4. PACKET DELIVERY COMMITMENT
Port Networks measures “packet loss” as the percentage of packets lost after delivery to the company’s network over the course of a month. Port Networks commits to successfully delivering 99.8% of packets sent across its network (an average monthly packet loss of 0.2%). If Client notifies Port Networks that it is experiencing sustained packet loss in excess of 0.2%, and Port Networks is unable to provide an adequate remedy within four (4) hours of being notified, Client will receive, at its request, a Service Credit for the period between the time of notification and the time at which packet loss is again less than 0.2%. Clients are eligible for no more than one (1) month of Service Credit in any calendar month.
“Force Majeure” means acts beyond the reasonable control of Port Networks, including, but not limited to, acts of God, terrorism, fire, explosion, vandalism, natural disasters, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs or work stoppages, or other labor difficulties, difficulty obtaining access to facilities, supplier failures, shortages, breaches or delays.
“Network Unavailability” consists of the number of minutes that the Port Networks Network was not available to Client and includes the number of minutes that the Port Networks Network was unavailable associated with any non-Scheduled Maintenance to the Port Networks Network. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on client’s applications, equipment or facilities; (b) acts or omissions of client or an authorized user; (c) unavailability caused by companies other than Port Networks; or (d) Force Majeure.
“Scheduled Maintenance” shall mean any maintenance of the Port Networks Network (or portion thereof) to which client’s router is connected that is performed during a standard maintenance window. Clients will be notified via email two (2) business days in advance of any scheduled maintenance that is likely to affect service.
“Service Credit” means
- One (1) day of Service Credit = 1/30th of client’s Monthly Recurring Charges.
- One (1) week of Service Credit = 7/30ths of client’s Monthly Recurring Charges.
- One (1) month of Service Credit = Full amount of client’s Monthly Recurring Charges.
If Port Networks approves a claim for Service Credit for failure to comply with the Installation Guarantee, “Service Credit” shall mean Port Networks’ charge for client’s first full month of Internet access service, not including installation or other start-up fees.
SERVICE CREDIT CLAIM PROCESS
In order to initiate a claim for Service Credit, Client must send an email message titled “SLA Service Credit Request” to firstname.lastname@example.org within seven (7) business days after the end of the month for which credit is requested. This Service Credit Request must provide: (a) the client name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric. Client will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, Port Networks will issue Service Credit to client’s account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit. Issuance of a Service Credit by Port Networks to eligible customers in no way implies an admission of negligence or liability by Port Networks.
The total number of all Service Credits for all failures to meet during a given month may not exceed the total Monthly Recurring Charge actually paid by client for service during that month. Service Credits will be credited against a client’s monthly payment for Monthly Recurring Charges and will not be issued in the form of a refund. The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by client with the terms and conditions of its agreement with Port Networks, and the failure of Client to comply with those terms and conditions may invalidate the commitments provided herein. No credit is available for Client (a) that is blocking Port Networks from monitoring a router serving as the client’s point of demarcation with Port Networks; (b) that does not provide the necessary access to personnel and facilities at the customer’s premises to enable Port Networks to perform comprehensive troubleshooting; or (c) whose account with Port Networks is overdue. Port Networks is not liable for failure to fulfill its obligations hereunder if such failure is due to client’s use of bandwidth in excess of the amount specified in client’s Internet access service agreement with Port Networks, client’s tampering with any equipment, or Force Majeure.
If the term for client’s Service is or becomes month-to-month in length, client will no longer be eligible for the commitments contained herein, except for Network Unavailability of one (1) or more consecutive hours during any calendar day. In such instances, if client notifies Port Networks immediately upon experiencing Network Unavailability, and Port Networks determines in its reasonable commercial judgment that its Network was unavailable to client for one (1) or more consecutive hours during any calendar day, Port Networks will, upon request, credit client’s account for an amount equivalent to one (1) day’s Service.
This Service Level Agreement is not binding upon Port Networks as part of a client’s service agreement unless it has been approved, in writing, by an authorized Port Networks representative as indicated below. Changes to the SLA must be approved by Port Networks through initials proximate to the change made to this document.
For more information about any of the above, please send an email to email@example.com
OpenSRS Domain Name Registration Agreement
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 Tucows Inc. and "Services" refers to the domain name registration provided by us as offered through Port Networks, the Registration Service Provider ("Reseller"). 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 Reseller 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 Tucows 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, 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 Tucows, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, 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. This indemnification obligation will survive the termination or expiration of this Agreement.
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 Reseller.
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 Reseller.
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 be given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us or to Reseller to firstname.lastname@example.org or [Insert E-mail Address for Reseller] 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 Reseller shall be sent to:
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
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.
For more information about any of the above, please send an email to email@example.com