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1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our"
refer to Tucows.com and "Services" refers to the services provided by us as offered through
VDS, Inc. (registrar4less.com), the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with
us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access
to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement
covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and
agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be
published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the
use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain
name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent
counsel. You may wish to consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain
name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may
turn to you to hold us harmless and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further
consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account information ("Account
Information"). You hereby grant us the right to disclose to third parties such Account
Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and
that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe
upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any
unlawful purpose.
4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You
agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree
with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or
regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement
or change in service(s), you abide by any such revisions or changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended from timeto time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute Policy become effective,
you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to be bound the Dispute Policy which is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute Policy may be found at our web site Uniform
Dispute Resolution Policy. Please take the time to familiarize yourself with such policy.
7. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You
agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the
courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name,
and the federal or state courts located in Macon , Georgia.
8. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services
on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute
Policy.
9. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products or other information to add security or to enhance your identity
on the Internet.
10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for
such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the
development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss
of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our
maximum liability exceed five hundred ($500.00) dollars.
11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement
by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right
of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the
Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any
such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any
other breach by you.
13. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register or
reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will be provided to us in a timely manner according to the
modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is," "as available" basis. we expressly disclaims all warranties of any kind,
whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service
or that defects in the Services software will be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail
service or any transactions entered into through the e-mail service. No advice or information, whether oral or written,
obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the
information that you provided to register or reserve your domain name or register for other Services, or subsequently to
modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to
our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your
domain name at any time.
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain
name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register or reserve your domain name or register you for other Services,
or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to
register or reserve, or delete your domain name or register you for other Services.
17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
18. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the Registrant of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
20. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by
sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given
when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us or to the RSP to
admin@registrar4less.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record or
as updated from time to time. Mail shall be sent to VDS, Inc., 5962 Zebulon Road, Macon, GA 31210 and to you at
the mailing address provided in your Affiliate application or as updated from time to time. Any e-mail communication shall
be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. (US Central Time) and otherwise on the next business day. Any communication
sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and policies published us and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
22. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the
LAWS OF ARKANSAS and the FEDERAL LAWS OF United States of America applicable therein without reference to
rules governing choice of laws. Any action relating to this Agreement must be brought in federal or state courts located in
Macon, GA and you irrevocably consent to the jurisdiction of such courts.
23. INFANCY. You attest that you are of legal age to enter into this Agreement.
24. Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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