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Broadband Terms & Conditions

1. Definitions

"Phoenix" means Phoenix Communications whose registered office is at:

1 St Aubyns Mansions

Kings Esplanade

Hove

BN3 2WQ

"Customer" means the person who places the Order and uses the Services.

"Telephone Line" means the telecommunications circuit that the Customer uses to obtain

telecommunications services over the public switched telephone network at the Site as notified by the

Customer to Phoenix.

"Agreement" means these Terms, together with the order form.

"BT" means British Telecommunications plc.

"Installation date" means the date when ADSL service is installed in the site.

"Consumer" means a person who enters into a contract other than in the course of a business

"Customer Equipment" means apparatus belonging to the Customer not forming part of the Phoenix

Equipment but which may be connected to the Phoenix Equipment.

"Order Form" means the Phoenix application form, written customer order or e-mailed customer order.

"Phoenix Price List" means the Phoenix Price List in force from time to time and available on the Phoenix Website at www.phoenixcommunications.co.uk/broadband

"Phoenix Equipment" means any apparatus or equipment provided by Phoenix or any third party to the Customer at the Site to enable provision of the Service under this Agreement.

"Site" means the Customer Site where the Service is to be received.

"Service" means the installation, connection and supply of a telecommunications circuit capable of

supporting ADSL services at the Site and the provision of telecommunication services over such circuit.

2. Commencement and Duration

This Agreement will commence on the Commencement Date and shall continue for an initial period of 1

month or 12 months dependant on which option selected and will automatically renew subject to

termination under Clauses 12.

3. Provisions of the Service

3.1 Phoenix shall provide or procure the provision of the Service to the Customer in accordance with the terms of this Agreement. The Customer acknowledges that it is technically impracticable to provide a fault free Service and Phoenix does not undertake to do so.

3.2 The provision of the Service to the Customer will be subject to the characteristics of the Customers

Access Connection and BT may determine that it is not possible to supply the Service over the Customers

Access Connection. Where this is the case, Phoenix will immediately terminate this Agreement, Phoenix will not be liable to the Customer for such termination.

3.3 The Customer acknowledges that during the installation of the Phoenix Equipment for the provision of the Service the Customer Access Connection may suffer a temporary loss of telephone service, and /or

interference to any other Access Connection services, which shall be reinstated following installation Phoenix will not be liable for any loss, interruption or interference during installation. The Customer also

acknowledges that any telephone socket extensions that are incorrectly wired may be disconnected during

installation, without liability to Phoenix.

3.4 Occasionally Phoenix and/or BT may have to interrupt the Service or change the technical specification of the Service for operational reasons (such as maintenance or Service upgrades) or because of an

emergency. In these circumstances where possible Phoenix will give notice to the Customer of any such

interruption however, the Customer shall have no claim against Phoenix for any such interruption.

3.5 Except as otherwise expressly permitted under this Agreement, the Customer may not:

• modify the Service without Phoenix's prior written consent;
• redistribute, copy or use the Service, or transfer rights to the use of the Service to any third party;
• disclose details of the Service, to any third party without Phoenix's prior written consent;
• use the Service except in conjunction with Phoenix's recommended operating guidelines;

3.6 Phoenix shall use its reasonable endeavours to comply with the Customer's reasonable requests in

respect of installation but Phoenix or BTs decision on the routing of cables and wires and the positioning of

outlets and other apparatus constituting the Phoenix Equipment shall be final and binding.

3.7 Phoenix shall use all reasonable endeavours to provide and install or procure the provision and installation of the Phoenix Equipment at the Site so that the Service can be provided on or before any installation date specified or agreed to by Phoenix. Any installation date is an estimate only and Phoenix shall not be liable for any failure to meet such installation date.

3.8 Installation of the Service may be subject to a survey carried out by Phoenix or BT and the Service may

not be provided where the survey carried out, is incomplete or unsatisfactory.

4. Use of the Service

4.1 The Customer must not use the Service:

• in a way that does not comply with the terms of any legislation or any license applicable to the

Customer or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or

effect;

• in connection with the carrying out of a fraud or criminal offence against Phoenix, or any other public telecommunications operator;

• to send, knowingly receive, upload, download, use or re-use any material which is abusive,

indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or

any other rights;

• to send or procure the sending of any unsolicited advertising or promotional material other than in

the case of the Customer to its own customers;

• in a way that does not comply with any instructions Phoenix or BT has given; or
• in a way that in Phoenix's reasonable opinion could materially affect the quality of any service,

including the Service, provided by Phoenix or BT.

• in a way that in Phoenix's reasonable opinion could affect the experience of others on the network;

including but not limited to; persistent heavy users of the service, who in Phoenix's reasonable

opinion could be seen to be over-using their contended service, may at Phoenix's discretion find their

available bandwidth restricted at certain times of the day.

4.2 Phoenix will be entitled to suspend the Service or terminate the Agreement where Phoenix, in its absolute discretion, believes the Customer is in breach of any provisions of Clause 4.1.

4.3 The Customer acknowledges and accepts the following technical limits relating to the Service:

• transmission performance of some metallic local loops will mean it is technically impracticable to

provide Service to all Customers within the Service Availability Area;

• currently, until such time as Phoenix advises otherwise, the Service cannot be provided over the

same Access Connection as certain other telecommunications services as listed on the Phoenix

Website.

• the Service is not available to Sites where all or part of the Access Connection is provided over

fibre optic cable or radio systems.

• that the Service may also affect the performance of some PSTN customer premises equipment.
• that some technical limitations may not become apparent until after the Service has been installed

and working for some time. In such circumstances the Service for some individual may need to be

withdrawn.

• that in the case of any rate-adaptive product including Homeworker and Office 500, 1000, 2000

and MAX ADSL services, upload speeds (and download speeds for MAX services) are dependant

on distance from the exchange, atmospheric conditions and quality of the metallic path and may

vary without notice to the customer.

• Rate-adaption can occur several times a day and may cause the link to the DSLAM to reset.
• that in case of any rate-adaptive product, such as ADSL MAX services, throughput guarantees will

relate only to the actual rated speed of an individual connection, not any implied speed of service.

4.4 In the circumstances referred to in Clause 4.3 Phoenix will have no liability to the Customer relating to the provision of the Service (or Phoenix's inability to provide the Service), the performance of the Service, its effect on other services or equipment or the withdrawal of the Service.

4.5 The Customer will co-operate with Phoenix's reasonable requests for information regarding the Customer use of the Service and supply such information without delay.

5. Charges

5.1 The charges for the Service will be calculated in accordance with the Phoenix Price List. Charging will

begin on the Commencement Date for the Service. Charges will be calculated in accordance with details

recorded by, or on behalf of, Phoenix.

5.2 The Customer will pay the charges within 30 days of the date of Phoenix's invoice. Phoenix may charge daily interest on late payments at a rate equal to 4% per annum above the base-lending rate of Barclays Bank Plc and /or a £15 administration fee.

5.3 All charges exclude Value Added Tax (VAT) at the applicable rate, unless stated otherwise.

5.4 Phoenix may also make an additional charge (on the basis of additional charges detailed in the Phoenix Price List), on its own behalf or on behalf of a BT in the following circumstances: -

• an abortive visit charge may be incurred where incorrect information supplied by the Customer

means it is technically impractical to provide the Service over the Customers Access Connection;

• where it is necessary to relocate the existing telephone master socket to provide the Service;
• where Phoenix or BT are unable to gain access to the Site to carry out installation of the Service or

the installation is aborted an abortive visit charge may be payable;

• where certain order information provided by the Customer is illegible, inaccurate or incomplete an

administration fee will be charged;

• where Phoenix or BT provide the support to the Customer outside its normal support times in supply of the Service;

• where a fault relates to equipment other than the supplied Equipment.

6. Customer Obligations

6.1 To allow the installation and use of the Phoenix Equipment at the Site, the Customer will at the Customer's own expense:

• obtain all necessary consents, including consents for any necessary alterations to buildings;
• take up or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition

covers, as Phoenix or BT advises are necessary, and carry out afterwards any making good or

decorator's work required; and

• provide any electricity and connection points required by Phoenix or BT.

The criteria above must be completed in advance of any installation work.

6.2 The Phoenix Equipment shall remain the property of Phoenix or the supplier of such equipment (including any BT) and the Customer shall at all times make clear to third parties that the same is the property of Phoenix or a third party supplier of such equipment. Phoenix may modify, substitute, renew or add to the Phoenix Equipment from time to time at its absolute discretion.

6.3 Phoenix shall supply the Customer with the relevant information to enable the Customer suitably to prepare the Site for delivery and installation of the Phoenix Equipment. The Customer shall at their own expense provide suitable accommodation, assistance, facilities and environmental conditions for the Phoenix Equipment and all necessary electrical and other installations and fittings.

6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Phoenix Equipment at such points and with such connections as specified by Phoenix. Unless otherwise agreed, this power supply is to be provided by the Customer. Phoenix shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

6.5 The Customer is responsible for the Phoenix Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by Phoenix) to do so. The Customer will be liable to Phoenix for any loss of or damage to the Phoenix Equipment, except where such loss or damage is due to fair wear and tear or is caused by Phoenix, or anyone acting on Phoenix's behalf.

6.6 Any Customer Equipment connected to or used with the Service must be connected and used in

accordance with any instructions, safety and security procedures applicable to the use of that equipment.

Any equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.

6.7 To enable Phoenix to carry out its obligations under this Agreement, the Customer will at all reasonable times provide Phoenix employees, and anyone acting on Phoenix's behalf including BT, who produces a valid identity card, with access to any Site and any other premises outside of Phoenix's control. Phoenix will normally only require access during its usual working hours but may, on reasonable notice, require the Customer to provide access at other times. Phoenix may agree to work outside its usual working hours, but the Customer must pay Phoenix's additional charges for doing so as detailed in Clauses and the Phoenix Price List.

6.8 If through no fault of Phoenix, Phoenix is unable to carry out an installation at, or gain access to, the Site or the installation is aborted, Phoenix will notify the Customer Nominated Contact and may raise an abortive visit charge.

6.9 The Customer hereby irrevocably gives permission to Phoenix or BT and its employees, agents or

contractors to:

• execute any works on the Premises for, or in connection with, the installation, maintenance, or

removal of the Phoenix Equipment;

• keep and operate telecommunication apparatus installed on, under or over the Premises;
• enter the Premises to inspect any telecommunication apparatus kept on, the Site or elsewhere for

the purposes of providing the Service.

Where this Agreement or the Service is terminated for any reason Phoenix or BT will be entitled to enter the

Site to remove Phoenix Equipment installed there.

6.10 The Customer undertakes: -

• to comply with all instructions Phoenix may notify to the Customer for use of the Phoenix Equipment;.
• not to allow the Phoenix Equipment to be repaired or maintained other than by an authorised

representative of Phoenix;

• not to damage the Phoenix Equipment and not to add modify or in any way interfere with the

performance of the Phoenix Equipment;

• not to attempt to sell the Phoenix Equipment;
• not to remove any identification mark affixed to the Phoenix Equipment showing that it is the property of Phoenix or other third party supplier of such equipment.

6.11 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

7. Support of the Service

7.1 Technical support for the Service is available by telephoning 0330 119 0650 or by sending e-mail to admin@phoenixcommunications.co.uk. Technical support is available during normal Phoenix office hours.

7.2 Enhanced Care

For only £10 per month Phoenix will add Enhanced Care to your broadband line. We will guarantee to fix any Broadband fault within 1 working day and promise to keep you updated with progress at least every 2 hours. If we fail on this commitment we will refund you twice the downtime. To subscribe to Enhanced Care please call sales om 0330 119 0650. Please note that you must be on site for the Engineers visit at the designated time, rescheduled visits are not covered by this service.

8. Intellectual Property Rights

8.1 The Customer acknowledges that the Customer shall have no rights to any intellectual property rights arising as a result of any use of the Service.

8.2 Any and all intellectual property rights used or embodied in or in connection with the Service shall be and remain the sole property of Phoenix or Phoenix's licensors. No title or intellectual property rights therein or in any modification or extension thereof shall pass to the Customer unless specifically stated under the

Agreement.

8.3 The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardize, limit or interfere in any manner with Phoenix's (or any third party suppliers') title, interests or rights with respect to the Service, including but not limited to, using Phoenix's or BTs trademarks or trade name.

8.4 Where software is provided to enable the Customer or to use the Service, Phoenix grants the Customer,

for the duration of this Agreement, a non-exclusive, non-transferable license to use the software for that

purpose.

9. Warranties

9.1 The service will be provided without warranty or representation of any kind, whether express or implied

Phoenix disclaims and excludes all such warranties and representations including without limitation any

warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular

purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with

the use of the Service.

10. Limitation of Liability

10.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the

negligence of either party or their servants, agents or employees.

10.2 Neither party shall be liable in contract, tort, pre-contract or other representations (other than

fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for:

• any economic losses (including, without limitation, loss of revenues, profits, contracts, or

business); or

• any special, indirect or consequential losses or any destruction of data, arising out of or in

connection with the provisions of this Agreement.

10.3 Subject to clauses 10.1 and 10.2 Phoenix's liability to the Customer in contract, tort, negligence, precontract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

10.4 Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held

by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

10.5 The Customer indemnifies Phoenix and its suppliers including any BT against any claims or damages

arising from the Customers access to or use of the Service and any information, data or material produced,

transmitted or downloaded on the Service.

11. Force Majeure

11.1 If either party is unable to perform any obligation under this Agreement because of a matter beyond

that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war,

civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central

Government or other competent authorities or events beyond the reasonable control of that party's

suppliers, the party will have no liability to the other for that failure to perform.

11.2 If any of the events detailed in paragraph 11.1 continue for more than 3 months either party may serve

notice on the other terminating this Contract.

12. Termination

12.1 The Customer may terminate this agreement after the initial term by giving 30 days written notice to

Phoenix. If a 12 month contract is terminated early Phoenix will charge the customer the remaining fees in full, including the cancellation fee detailed in 12.3

12.2 Either party may terminate this Agreement or the Service provided under it immediately, on notice, if

the other:

• commits a material breach of this Contract, which is capable of remedy, and fails to remedy the

breach within 15 days of a written notice to do so;

• commits a material breach of this Contract which cannot be remedied;
• is repeatedly in breach of this Contract; or
• is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or

composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise

than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator

is appointed over their assets.

12.3 Cancellation in the form of a cease of the service, placed by either party under terms 12.1 and 12.2,

12.4 and 12.7 will raise a charge of £33.75 to the customer. Migrations away from the service in the form of

a 'Migration Authority Code' assisted migration do not attract the cancellation charge.

12.4 Phoenix may terminate this Agreement immediately upon written notice to the Customer if:

• Phoenix is informed by BT supporting the Service that BT is required to cease the Service by a

competent regulatory authority; or

• BT supporting the Service ceases to do so for whatever reason or changes the terms its provision

of telecommunications services to Phoenix for the Service beyond the reasonable control of Phoenix;

• the Customer fails to comply with any of the material terms or conditions of the Agreement and the

Customer does not remedy such failure within 15 days of a request to do so.

12.5 Upon termination of this Agreement the Customer shall immediately stop using the Service and the

Customer right to use the Service shall immediately terminate.

12.6 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a

waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that

particular breach.

12.7 Following the minimum period Phoenix reserves the right to increase prices and/or serve 3 months notice on the customer.

13. Phoenix Internet Migration Policy

13.1 How the MAC is used to facilitate a migration

• When migrating to Phoenix internet, during the online sign up process, or on the order form, you will

be requested to provide a MAC. This code can usually be supplied by the losing Service Provider

upon request. Other than as detailed below it is generally a Service Providers obligation to provide

a code.

• The MAC allows the Network provider to switch the Broadband from one Service provider to

another with minimal downtime, usually less than 1 hour.

• If migrating from Phoenix to another service provider, then we will generally issue a MAC to you upon

request, which you will need to provide to your new Service Provider to enable the migration.

13.2 Alternatives to the migration process if no MAC is available

• If you are unable to obtain a MAC, and still wish to change providers, the other option is a cease

and re-provide. You would need to completely cancel the current broadband service with your

Service Provider, and place a new provide order with the new service provider. This will usually

incur extra costs and a period of downtime.

13.3 Migrating to us - Default Migration Date

• If you are migrating to Phoenix Communications we will issue you a default migration date by email shortly

after confirmation of your order. This date will be the date your service will switch to Phoenix Internet,

this usually happens early morning and you will need to be onsite to change your router settings. If

you wish to change this date at any point please call into our sales department on 0330 119 0650

between 8:30am and 5.00pm Monday to Friday, giving us at least 24 hours notice, you will need to

call us 2 working days before the default migration date to effect a change.

13.4 How to request a Migration Code from Phoenix Internet

We will accept requests for MACs by email to admin@phoenixcommuncations.co.uk, or in writing to:

Customer Service Team

Phoenix Communications

1 St Aubyns Mansions

Kings Esplanade

Hove

BN3 2WQ

• We will issue the MAC within 5 working days of receipt of your request, subject to the below

clauses, in writing or by email, generally in the same format as we receive the request. We will not

issue or confirm MACs over the telephone. When issuing the MAC we will provide the following

additional information:

- Validity period and expiry date of the MAC

- The Broadband service to which the MAC applies

13.5 Why we may not be able to issue a MAC code

• If we have already placed a cease on your Broadband Line, or if your contract has been cancelled,

we will be unable to issue a MAC and are under no obligation to do so. Equally if you are a

business of 10 or more employees we are again under no obligation to issue a MAC.

13.6 If you have a complaint about our refusal to issue a MAC

• If you wish to complain about our MAC issuance policy or about a decision we have made not to

issue a MAC, you may write to or email our complaints department as follows:

• Email: admin@phoenixcommunications.co.uk
• Write to:

Complaints Department

Phoenix Communications

1 St Aubyns Mansions

Kings Esplanade

Hove

BN3 2WQ

14. Confidentiality

14.1 The parties will keep in confidence any information (whether written or oral) of a confidential nature

(including software and manuals) obtained under or in connection with this Agreement or the Service and

will not without the written consent of the other party disclose that information to any person (other than

their employees or professional advisers, or in the case of Phoenix the employees of a Phoenix Group Company

or their suppliers, who need to know the information).

14.2 This Clause 13.1 will not apply to:

• any information, which has been, published other than through a breach of this Agreement;
• information lawfully in the possession of the recipient before the disclosure under this Agreement

took place;

• information obtained from a third party who is free to disclose it; and
• information, which a party is, requested to disclose and, if it did not, would be required by law to do

so.

14.3 This Clause 13.1 will remain in effect for 2 years after the termination of this Agreement.

15. Data Protection

15.1 Phoenix and the Customer each agree to comply with their respective obligations under applicable data

protection legislation and maintain all relevant registrations, including (in relation to the Customer) such

registrations and consents as the Customer should obtain and maintain to enable Phoenix to process personal

data in connection with the performance by Phoenix of its obligations under this Contract.

15.2 The Customer agrees that Phoenix may put their name and other details obtained from the Order Form

into a computerized directory for internal use and to enable Phoenix to provide the Service.

15.3 Rights of subject access will be in accordance with the Data Protection Act 1998 and upon request in

writing and payment of the appropriate fee.

15.4 Any and all data supplied by Customers is held in accordance with Phoenix's current Privacy Policy

available at www.Phoenixtech.co.uk.

16. Consumers

Where you are purchasing the Service as a Consumer the exclusion of the implied terms in Clause 9 and

the provisions of Clause 15.1 will not apply.

17. Notices

17.1 Notices given under this Agreement must be in writing and may be delivered by hand, or by courier or

first class post to the following addresses:

17.1.1 To Phoenix at the address of the Phoenix office shown on the Order Form or any alternative address

which Phoenix notifies to the Customer.

17.1.2 To the Customer at the address to which the Customer asks Phoenix to send invoices, the address of

the Customer's premises, or, if the Customer is a limited company, its registered office.

18. General Provisions

18.1 The Agreement will constitute the entire agreement between the parties and will supersede all prior

and contemporaneous agreements, communications and representations (except for fraudulent or

negligent misrepresentations) whether oral or written, between the parties.

18.2 A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties)

Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party

which exists or is available apart from that Act.

18.3 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the

dispute or claim arising out of or relating to the Agreement promptly through negotiations between the

respective representatives of the parties who have authority to settle the same.

18.4 If any provision of the Agreement (whether in part or in whole) is held by a court of competent

jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in

full force and effect.

18.5 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior,

concurrent or subsequent breach of the same or any other provisions of the Agreement.

18.6 The Customer may not assign or otherwise transfer, by operation of law or otherwise, the Agreement

or any rights or obligations therein without the prior express written consent of Phoenix.

18.7 The headings to the sections of this Agreement are for convenience only.

19. Exhibit A

Registration Agreement

19.1 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

_____________________________________, 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.

19.2. 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. During the period following

registration of a domain name and the appointment of active name servers, we may post a stagnant web

page and any revenues generated from same shall be for our own account.

19.3 FEES. As consideration for the Services, you agree to pay Reseller 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.

19.4 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.

19.5 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. All amendments to this Agreement will be posted on our website. 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.

19.6 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.

19.7 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.

19.8 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.

19.9 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 governmentadopted

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.

19.10 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

19.11 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.

19.12 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.

19.13 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, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service,

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.

19.14 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.

19.15 RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will

receive reminders immediately prior to the expiration of your registration inviting you to renew your domain

name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire

and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete

it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain

name ceases upon its expiration and that any expired domain name may be made available for registration

by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may

be redirected to a default page informing them that the site is no longer in service. This parked or default

page may feature advertisements posted by us for our own account.

If we have elected to renew the registration, you will be entitled to a grace period during which you may reregister

the domain name from us. Additional costs may apply. During this grace period, we may post a

parked page and/or may revise the "Whois" registration records to include either our information or that of

your Reseller. The domain name may also be listed for auction. If the name is sold during any such

auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration

by you during our stated grace period. If you do not re-register the domain name during the grace period,

the auction sale will be concluded and you will receive a share of the proceeds received from the new

registrant. Tucows will send an email to the last address you have provided advising you of the sale and

your interest in same. At present, we agree to pay you forty (40) per cent of the net proceeds of any such

auction. You will have one (1) year following the issue of the email to claim your share of the proceeds. Any

amounts not claimed within one (1) year will be deemed to have been abandoned by you and will be

deposited by us for our own account.

If you fail to renew your domain name registration during the grace period, you acknowledge that you have

abandoned the domain name and that it is available for sale and registration by any third party.

19.16 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.

19.17 DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk.

You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all

warranties of any kind, whether express or implied, including but not limited to the implied warranties of

merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the

Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error

free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or

as to the accuracy or reliability of any information obtained through the Service or that defects in the

Service will be corrected. You understand and agree that any material and/or data downloaded or

otherwise obtained through the use of Service is done at your own discretion and risk and that you will be

solely responsible for any damage to your computer system or loss of data that results from the download

of such material and/or data. We make no warranty regarding any goods or services purchased or obtained

through the Service or any transactions entered into through the Service. No advice or information, whether

oral or written, obtained by you from us or through the Service shall create any warranty not expressly

made herein.

19.18 INFORMATION. As part of the registration process, you are required to provide us certain

information and to update us promptly as such information changes such that our records are current,

complete and accurate. You are obliged to provide us the following information:

(a) your name and postal address (or, if different, that of the domain name holder);

(b) the domain name being registered;

administrative contact for the domain name;

(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

(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 your Reseller.

19.19 DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that

we will make domain name registration information you provide available to ICANN, to the registry

administrators, 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.

(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.

(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 your Reseller.

from you in a way incompatible with the purposes and other limitations which we describe in this

Agreement.

(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.

19.20 OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information,

your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us

addressed to the email address of the registrant, the administrative, billing or technical contact appearing in

the Whois directory with respect to a domain name concerning the accuracy of contact details associated

with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of

the domain name registration. Any information collected by us concerning an identified or identifiable

natural person ("Personal Data") will be used in connection with the registration of your domain name(s)

and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry

policy.

19.21 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.

19.22 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.

19.23 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.

19.24 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.com Co.

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.

19.25 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.

19.26 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.

19.27 INFANCY. You attest that you are of legal age to enter into this Agreement.

19.28 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.

19.29 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

19.30 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.

19.31 TLD'S. The following additional provisions apply to any domain names that you register through

Tucows with the various registries:

(a) .com/net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions

will apply:

(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;

(ii) 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, and (2) where Tucows is located,

presently Toronto, Ontario.

(b) .org Domains: In the case of a ".org" registration, the following terms and conditions will apply:

(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Dom

ain 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;

(ii) 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, and (2) where Tucows is located,

presently Toronto, Ontario.

(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;

(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;

(iii) 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, and (2) where Tucows is located,

presently Toronto, Ontario;

(iv) 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.

(d) .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply:

(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

(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.

(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;

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.

(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;

(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.

(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").

(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.

(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.

(vii) 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, and (2) where Tucows is located,

presently Toronto, Ontario.

(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,

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;

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 email,

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. 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

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.

(xi) 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, and (2) where Tucows is located,

presently Toronto, Ontario.

19.32 ccTLD'S

) .at Domains. In the case of a ".at" registration, the following terms and conditions will apply:

(i) 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.at/en/service/legal_information/terms_conditions/. 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.

(b) .be Domains. In the case of a ".be" registration, the following terms and conditions will apply:

(i) 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.dns.be/en/home.php?n=51. 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.

(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 .be

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.dns.be/en/home.php?n=53.

(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.

(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.

(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.

(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.

(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;

(d) .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:

(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.

(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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml. 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.

(e) .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply:

(i) 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.switch.ch/id/terms. 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.

(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 .ch

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.switch.ch/id/disputes/rules.

Please take the time to familiarize yourself with this policy.

(f) .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:

(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;

(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;

(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.

(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;

(D) instigate hostility or discrimination between different nationalities or disrupt the national

solidarity of the PRC;

(E) spread rumours, 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.

(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.

(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.

(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.

(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.

(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);

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.

(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.

(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.

(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.

(g) .de Domains. In the case of a ".de" registration, the following terms and conditions will apply:

(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 your Reseller with written confirmation of

same;you have reviewed and have accepted the Registry's Terms and Conditions and

the Registry's Guidelines and have provided your Reseller with written confirmation of

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