TERMS OF SERVICE

Revised: September 30, 2005

1. INTRODUCTION
This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of Hosting.com, Inc., a Kentucky incorporated company (the "Company") doing business as HalfpriceHosting.com governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at http://www.halfpricehosting.com/hosting-terms-of-service.aspx. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company at the following address: feedback@halfpricehosting.com. Facsimile: (502) 214-4141
2. COMPLIANCE WITH THE LAW
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
3. PROHIBITED USES OF SERVICES AND PRODUCTS
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
1. 3.1 GENERAL
  1. 3.1.1 Pornography and pornographic related merchandising are prohibited under all the Company's services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
  2. 3.1.2 Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
  3. 3.1.3 Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.
2. 3.2 SYSTEM AND NETWORK
  1. 3.2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).
  2. 3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
  3. 3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.
  4. 3.2.4. Circumventing user authentication or security of any host, network or account.
  5. 3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
  6. 3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
  7. 3.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
  8. 3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
  9. 3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
  10. 3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
  11. 3.2.11. Company allows Customer to use one and only one Halfprice Hosting platform for all hosting services. Customer cannot utilize services and resources from the QuickServe platform and from previous platforms. Customer must maintain all data and websites on one platform or the other, failure to do so may result in loss of data or immediate termination of all hosting accounts.
3. 3.3. BILLING
  1. 3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
  2. 3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.
4. 3.4. MAIL
  1. 3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam").
  2. 3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;
  3. 3.4.3. Sending UCE referencing a domain hosted by the Company;
  4. 3.4.4. Sending UCE referencing an IP address hosted by the Company;
  5. 3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
  6. 3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
  7. 3.4.7. Harassment, whether through language, frequency or size of messages.
  8. 3.4.8. Unauthorized use, or forging, of mail header information.
  9. 3.4.9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
  10. 3.4.10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
  11. 3.4.11. Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.
  12. 3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
  13. 3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
  14. 3.4.14. Email messages received by our mail servers are only guaranteed retention for a maximum of 90 days. Emails older than 90 days are subject to removal.
5. 3.5. CUSTOMER SUPPORT
  1. 3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
4. BANDWIDTH & UTILIZATION
In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.
1. 4.1 The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:
  1. 4.1.1. Customer's site must use and store only the information and data that relates to the Website, at the IP address provided by the Company.
  2. 4.1.2. Customer may not resell or give away Web space under a domain name, nor may Customer build Websites that house "sub domain" Websites on behalf of other companies, groups or individuals. Customers who wish to resell the Company's Web space should utilize the Company's Reseller Program;
  3. 4.1.3. Customer may not use Customer's Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file, data or "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion;
  4. 4.1.4. The Company's "traffic" and "storage" offer is to provide the Company's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. The Company permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.
    1. 4.1.4.1. Archive storage file formats include but are not limited to mp*, qt, mov, avi, movie, au, mid*, m3u, ram, ra, wav. These file formats may be blocked at the Company's discretion for Customer compliance to Section 4.1.4 of this Terms of Service.
  5. 4.1.5. The storage and distribution of MP3 format files via the Company network is prohibited.
  6. 4.1.6. The Company does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations.
  7. 4.1.7. The following Monthly Data Transfer Maximums are in place. The Company reserves the right to bill the Customer automatically for transfer utilization in excess of the following guidelines. The billable rate is $7 per gigabyte of overage.
    1. 4.1.7.1. Basic Plan - The Monthly Data Transfer Maximum for the Basic Plan is 5 gigabytes per month.
    2. 4.1.7.2. WebMaster Plan - The Monthly Data Transfer Maximum for the WebMaster Plan is 10 gigabytes per month.
    3. 4.1.7.3. WebMasterDB Plan - The Monthly Data Transfer Maximum for the WebMasterDB Plan is 10 gigabytes per month.
    4. 4.1.7.4. Developer Basic Plan - The Monthly Data Transfer Maximum for the Developer Basic Plan is 20 gigabytes per month.
    5. 4.1.7.5. Developer Advanced Plan - The Monthly Data Transfer Maximum for the Developer Advanced Plan is 20 gigabytes per month.
    6. 4.1.7.6. QuickServe Plan - The Monthly Data Transfer Maximum for the QuickServe plan is 100 gigabytes per month.
  8. 4.1.8. The following Mail Box Size Maximums are in place. The Company calculates Mail Box Size utilization by domain name rather than by email user. The company reserves the right to block incoming email messages, by domain, to Customers currently at the Mail Box Size Maximum.
    1. 4.1.8.1. Basic Plan - The Mail Box Size Maximum for the Basic Plan is 125 megabytes.
    2. 4.1.8.2. WebMaster Plan - The Mail Box Size Maximum for the WebMaster Plan is 150 megabytes.
    3. 4.1.8.3. WebMasterDB Plan - The Mail Box Size Maximum for the WebMasteDB plan is 150 megabytes.
    4. 4.1.8.4. Developer Basic Plan - The Mail Box Size Maximum for the Developer Basic Plan is 200 megabytes.
    5. 4.1.8.5. Developer Advanced Plan - The Mail Box Size Maximum for the Developer Advanced Plan is 200 megabytes.
    6. 4.1.8.6. QuickServe Plan - The Mail Box Size for the QuickServe plan shares in the total amount of disk space allotted to this plan.
      The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of the Company.
      The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $300.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of Company's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
5. TERMS AND TERMINATION
For the purposes of Section 5 of this agreement, the term "Thirty Day Guarantee Period" shall be defined as the period extending from the date a Customer signs up his or her first domain with the Company through the thirtieth (30) day following the initial signup of the first domain enrolled.
1. 5.1. All cancellations must be received by the Company a minimum of five (5) days prior to the next billing date of the domain being cancelled.
  1. 5.1.1. This agreement will automatically renew at the end of the initial hosting term ("next billing date") for an additional hosting term of equal length.
  2. 5.1.2. If the Customer notifies the Company fewer than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded.
  3. 5.1.3. Cancellations requested within the Thirty Day Guarantee Period are eligible for a full refund, less setup fees and add-on-service fees which are non-refundable. Cancellations requested outside the Thirty Day Guarantee Period are not eligible for a refund in part or in full.
2. 5.2. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies
3. 5.3. By submitting a credit card or ACH information on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.
4. 5.4. Customer will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees.
5. 5.5. Customer will be charged a $35 domain reactivation fee for each site suspended due to a billing-related issue.
6. 5.6. Customer shall pay the fees and other charges for Products and Services ordered from Company as published on the Web Hosting Plan page (http://www.halfpricehosting.com/web-hosting.aspx) at time of order. Company reserves the right to change rates and features without notice; any changes in price or features will take effect upon renewal of the existing hosting account, immediately for new purchases.
  1. 5.6.1. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.
7. 5.7. The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
  1. 5.7.1. Non payment of any charges due from Customer;
  2. 5.7.2. Breach of any term or condition of this agreement by Customer;
  3. 5.7.3. Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.
  4. 5.7.4. Payment for any charges is due at the time of signup and renewal respectively and will be automatically billed to the customer's credit card. All payments must be in U.S. Dollars.
    1. 5.7.4.1. Customer agrees to pay billed amount according to card issuer agreement. IP address captured during signup process serves as legally binding indicator of agreement.
  5. 5.7.5. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company.
  6. 5.7.6. Company can terminate the Customer's service for convenience at any time and for any reason. If Company terminates for convenience, customer will be refunded within 30 days any unused hosting fees.
6. INDEMNIFICATION OF PROVIDER/RELATIONSHIP OF PARTIES
1. 6.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Website provided hereunder.
2. 6.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain the Website.
7. SECURITY/SOFTWARE
1. 7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
2. 7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
3. 7.3. Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.
4. 7.4. Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
5. 7.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage, other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.
8. VIOLATION
Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
9. CONFIDENTIALITY
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
10. REFUSAL OF SERVICE
1. 10.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
2. 10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
11. DISCLAIMER
1. 11.1. Use of the Company's services and products is at Customer's sole risk. Neither the Company nor its employees, agents, resellers' third party information providers, merchants licensers or the like, make any warranties including any implied warranties of merchantability or fitness for a particular purpose, that the Company's services and products will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Company's services and products or as to the accuracy or reliability of any information service or merchandise contained or provided through the Company's service, unless otherwise expressly stated in this agreement. This includes loss of data, whether resulting from delays, on deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees or other causes.
2. 11.2. The sole cumulative liability of the Company for all claims made by the Customer, or any other party regardless of form, including any cause of action based on contract, tort or strict liability, shall not exceed the total amount of all fees and charges paid to the Company by the Customer.
3. 11.3. The Company reserves the right to revise or change these Terms of Service at any time.
4. 11.4. This Agreement shall be governed in all respects under the laws of the Commonwealth of Kentucky applicable to contracts made, accepted and performed wholly in Kentucky, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in Jefferson County, Kentucky.
12. DOMAIN REGISTRATION AGREEMENT
For domain name registrations obtained by the Customer through Halfprice Hosting, an authorized agent of the Tucows registrar, in addition to this Agreement and notwithstanding any other term of this Agreement, you agree to be bound by the terms and conditions of the Service Agreement of Tucows, Inc. ("OpenSrs") as amended from time to time and which may be viewed below (http://www.halfpricehosting.com/hosting-terms-of-service.aspx), and you agree to be bound by all policies of and all agreements between Tucows. Without limiting the generality of the foregoing, you agree that any dispute with respect to your domain name will be subject to the provisions of the domain dispute policy (Uniform Domain Name Dispute Resolution Policy ) located at http://www.icann.org/dndr/udrp/policy.htm as such policy is amended and revised from time to time.
1. 12.1. Customer acknowledges that all fees billed for domain registration will be billed directly to the Customer's credit card by Halfprice Hosting and that
2. 12.2. The Company is the domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted to the Company, i.e., the Company requires the Customer to update the domain name registration of any domain hosted by the Company to list the Company's domain name servers as the hosting entity. The Company does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup. Third-level domains are provided for 30 days after account creation and may not be used as a Primary means of access to an assigned web space.
3. Service Agreement if Tucows, Inc ("OpenSrs")
  1. In this Registration Agreement ("Agreement") "Registrant", "you" and "your" refers to the registrant of each domain name registration, "we", "us" and "our" refers to Tucows.com Co., and "Services" refers to the domain name registration services provided by us as offered through Halfprice Hosting, the Registration Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
  2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. 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 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.
  3. FEES. As consideration for the Services, you agree to pay Halfprice Hosting the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. 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 represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves 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 a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
  3a.REFUNDS AND RETURNS. There are no refunds, returns, allowances, or credits on any domain names purchased by you. Furthermore, you agree that you will not chargeback any amounts previously charged to your credit card by us. If you chargeback a credit card charge for a payment initiated by you, you agree that we may recover the amount of the chargeback, as well as the chargeback fee by any means we deem necessary, including but not limited to re-charging your credit card for the chargeback. Furthermore, if you initiate a chargeback of a previous credit card charge, access to your account may be denied until payment is made and your account may be terminated, both at the sole discretion of us.
  4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
  5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
  6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the 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. 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.
  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 adopted by the applicable registry. 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 applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
  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 a 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 will secure the agreement of any third party to the terms and conditions in this Agreement
  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 the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries 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 Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable 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 the suspension or cancellation 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 Account Identifier 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. 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. 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.
  17. 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:
  1. (a) your name and postal address (or, if different, that of the domain name holder);
  2. (b) the domain name being registered;
  3. (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
  4. (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
  5. (e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
  Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through Halfprice Hosting.
  18. 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, law enforcement agencies 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.
  1. (a) 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.
  2. (b) 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 Halfprice Hosting.
  3. (c) We will not process or maintain 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.
  4. (d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
  19. OBLIGATION TO MAINTAIN WHOIS. Your willful provision of inaccurate or unreliable information, your willful 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 ICANN or an applicable registry policy.
  20. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
  21. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
  22. 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.
  23. 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. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:
  TUCOWS Inc.
  Registrant Affairs Office
  96 Mowat Avenue
  Toronto, Ontario M6K 3M1 CANADA
  Attention: Legal Affairs
  
  and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your WHOIS record.
  24. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authority are the complete and exclusive agreement between you and us regarding our Services.
  25. 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.
  26. INFANCY. You attest that you are of legal age to enter into this Agreement.
  27. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable 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.
  28. PRIVACY. Information collected about you is subject to the terms of Tucows' privacy policy, the terms of which are hereby incorporated by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html
  29. 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.
  30. TLD'S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
  1. (a) .com/net domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
    1. (i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification.
  2. (b) .org domains: In the case of a ".org" registration, the following terms and conditions will apply:
    1. (i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.
  3. (c) .info domains: In the case of a ".info" registration, the following terms and conditions will apply:
    1. (i) Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.
    2. (ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.
    3. (iii) Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
  4. (d) .biz domains. In the case of a ".biz" registration, the following terms and conditions will apply:
    1. (i) .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
      
      (A) to exchange goods, services, or property of any kind;
      
      (B) in the ordinary course of business; or
      
      (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
      
      For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/
      biz/registry-agmt-appl-18apr01.htm.
    2. (ii) Selection of a Domain Name. You represent that:
      
      (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
      
      (B) 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;
      
      (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
      
      (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
      
      (E) you have the authority to enter into this Registration Agreement; and
      
      (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
    3. (iii) Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:
      
      (A) your full name;
      
      (B) your postal address;
      
      (C) your e-mail address;
      
      (D) your voice telephone number;
      
      (E) your fax number (if applicable);
      
      (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
      
      (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
      
      (H) the corresponding names of the primary and secondary nameservers;
      
      (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
      
      (J) any remark concerning the domain name that should appear in the WHOIS directory.
      
      (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
    4. (iv) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
      
      (A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
      
      (B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/
      biz/registry-agmt-appm-27apr01.htm;
      
      (collectively, the "Dispute Policies").
    5. (v) The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
    6. (vi) The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
  5. (e) .name domains. In the case of a ".name" registration, the following terms and conditions will apply:
    
    (i) .name Restrictions. Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
    
    (ii) .name Representations. As a .name domain name registrant, you hereby represent that:
    
    (A) the registered domain name or second level domain ("SLD") e-mail address is your Personal Name.
    
    (B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete,
    
    (C) 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;
    
    (D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
    
    (E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/
    name/registry-agmt-appl-8aug03.htm; and
    
    (F) you have the authority to enter into this Registration Agreement.
    
    (iii) E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.
    You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
    
    (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
    
    (B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
    
    (C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or
    
    (D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
    
    (iv) Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry's e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
    
    (v) You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
    
    (vi) You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.
    
    (vii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://resellers.tucows.com/opensrs/legal. Please take the time to familiarize yourself with this policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.
    
    (A) the Eligibility Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/
    name/registry-agmt-appl-8aug03.htm;
    
    (B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/
    name/registry-agmt-appm-8aug03.htm; and
    
    (C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
    
    (viii) The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
    
    (ix) The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.
    
    (x) The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.
  31. ccTLD'S
  1. (a) .ca domains. In the case of a ".ca" registration, the following terms and conditions will apply:
    1. (i) 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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.
    2. (ii) Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
    3. (iii) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
    4. (iv) Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry's Registrant Agreement, the Registry's policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
    5. (v) You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry's failure or refusal to register a domain name, it's failure or refusal to renew a domain name registration, it's registration of a domain name, it's failure or refusal to renew a domain name registration, it's renewal of a domain name registration, it's failure or refusal to transfer a domain name registration, it's transfer of a domain name registration, it's failure or refusal to maintain or modify a domain name registration, it's maintenance of a domain name registration, it's modification of a domain name registration, it's failure to cancel a domain name registration or it's cancellation of a domain name registration from the Registry;
  2. (b) .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
    1. (i) 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.nic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy.
    2. (ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.cc. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
  3. (c) .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
    1. (i) "Registry" means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People's Republic of China and the Chinese domain name system;
    2. (ii) "Registry Gateway" means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People's Republic of China;
    3. (iii) "Registry Operator" means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People's Republic of China.
    4. (iv) Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to:
      
      (A) be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
      
      (B) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
      
      (C) harm national honour and national interests of the PRC;
      
      (D) instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
      
      (E) spread rumors, disturb public order or disrupt social stability of the PRC;
      
      (F) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
      
      (G) insult, libel against others and infringe other people's legal rights and interests in the PRC; or
      
      (H) take any other action prohibited in laws, rules and administrative regulations of the PRC.
    5. (v) Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.
    6. (vi) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy ("Dispute Policy"), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
    7. (vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.
    8. (viii) If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
    9. (ix) Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China's governmental agencies and the China Internet Network Information Centre ("CNNIC"), including but not limited to the following rules and regulations:
      
      (A) Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
      
      (B) Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
      
      (C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
      
      (D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
      
      You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.
    10. (x) Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy, (1) to correct mistakes by a party in registering the name, (2) for the resolution of disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any applicable laws, government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Agreement. Tucows, Registry Operator and CNNIC also reserve the right to "freeze" a domain name during the resolution of a dispute.
    11. (xi) Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Tucows is located, and (3) the People's Republic of China.
    12. (xii) Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.
  4. (d) .de domains. In the case of a ".de" registration, the following terms and conditions will apply:
    1. (i) Selection of a Domain Name. You represent that:
      
      (A) you have reviewed and have accepted the Registry's Terms and Conditions and the Registry's Guidelines and have provided Halfprice Hosting with written confirmation of same;
      
      (B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany;
      
      (C) 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.
    2. (ii) 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 by the Registry or any court of law. 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 specified by the Registry or any court of law. (iii) Registry Policies. You agree to be bound by the Registry's Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry's documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at:
    3. 11.2. English:
      
      (A) Registration Terms and Conditions
      http://www.denic.de/en/bedingungen.html
      
      (B) Registration Guidelines
      http://www.denic.de/en/richtlinien.html
      
      (C) DENIC direct pricelist
      http://www.denic.de/en/preisliste.html
    4. 11.3. German:
      
      (D) DENIC-Registrierungsbedingungen
      http://www.denic.de/de/bedingungen.html
      
      (E) DENIC-Registrierungsrichtlinien
      http://www.denic.de/de/richtlinien.html
      
      (F) DENIC-Preisliste
      http://www.denic.de/de/preisliste.html
  5. (e) .tv domains. In the case of a ".tv" registration, the following terms and conditions will apply:
    1. (i) 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/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
    2. (ii) Policy . You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the terms outlined therein.
  6. (f) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk domains. In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and conditions will apply:
    1. (i) "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
    2. (ii) 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.
    3. (iii) Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/
      TermsAndConditions/TermsAndConditions.html
      When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts - one contract with Tucows and/or Reseller and one contract with Nominet UK.
      Tucows and Halfprice Hosting will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller must also make you aware that by accepting Nominet's terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet's WHOIS look-up service.
    4. (iv) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
  7. (g) .us domains. In the case of a ".us" registration, the following terms and conditions will apply:
    1. (i) "DOC" means the United States of America Department of Commerce.
    2. (ii) us Nexus Requirement. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/
      docs/ustld_nexus_requirements.pdf.
    3. (iii) Selection of a Domain Name. You certify and represent that:
      
      (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove;
      
      (B) The listed name servers are located within the United States;
      
      (C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
      
      (D) 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;
      
      (E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
      
      (F) You have the authority to enter into this Registration Agreement.
    4. (iv) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
      
      (A) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
      
      (B) The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/
      nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.
      
      (C) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement.
      
      In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.
    5. (v) Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator's policies can be found at http://www.neustar.us/policies.
    6. (vi) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
    7. (vii) 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:
      
      (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder);
      
      (B) The domain name being registered;
      
      (C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;
      
      (D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
      
      (E) In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/
      ustld_nexus_requirements.pdf.
      
      Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through Halfprice Hosting.
    8. (viii) Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by the DOC and applicable laws.
You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through Halfprice Hosting.
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.
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.

Halfprice Hosting

Serving the world since 1998.

TERMS OF SERVICE