'Domain name' refers to any sub-domain rented under the TinyAddress brand.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither the registration of the domain 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 Reseller who remits payment to us on your behalf,
the applicable 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 are true.
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 Nominet UK 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.nic.uk/DisputeResolution/DrsPolicy/.
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 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.
10. AGENCY. Should you intend to license use of a domain name to a third
party, you shall nonetheless be the domain name registrant 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 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 Reseller 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 jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, our liability
is limited to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss
or liability resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
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 attorney's fees, from claims by third parties
relating to or arising under this Agreement, the Services provided hereunder
or your use of the Services, including without limitation infringement by you,
or someone else using the Service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened with suit
by a third party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered by
us to be a breach of your Agreement and may result in deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with our policies and
procedures.
15. BREACH. You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy, 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 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 voluntary information
we request is collected such that we can continue to improve the products and
services offered to you through your Reseller.
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 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.
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.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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