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Domain Name Registration:
To make an organization’s presence felt on the web, there is the need for a domain name. Your Domain Name is your address on the Web
In addition Domains can be used with
your e-mail accounts allowing you to send and receive e-mail
with addresses such as "support@yourcompany.com"
Domain names are allocated to machines
and networks so that one can recognize them from other
machines and networks on the Internet. In a way they are like
a telephone number. In this direction Niha Technologies Inc
provides a competitive and thought rewarding domain name
registration.
Before one applies for a domain name one
needs to have it to be configured with our DNS servers. This
involves applying for a virtual server account with us. Once
your application has been processed, Niha Technologies Inc
would email the relevant details one needs to complete the
form. Contact Our Domain Service Team Email:
info@nihatech.com The domain registration plans are as follows.
Click
here
Plans:
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S.No
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Particulars
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Price/Year
(USD)
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1
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Domain
name registration for 1 year
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11.00
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2
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Domain
name registration for 2 years
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21.00
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3
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Domain
name registration for 5 years
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51.00
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4
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Domain
name registration for 10 years
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101.00
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*
for .com,
.org , .net & .biz
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EXHIBIT
A
Form of Registration Agreement |
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to the
registrant of each domain name registration, "we", "us" and
"our" refer to Tucows Inc., "Registry Operator" refers to
Neulevel Inc. and "Services" refers to the domain name
registration provided by us as offered through
__________________ ("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for
various Services.
2. .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:
(i) to exchange goods, services, or property of any kind;
(ii) in the ordinary course of business; or
(iii) to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the ordinary
course of trade or business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
3. SELECTION OF A DOMAIN NAME. You represent that:
(i) 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;
(ii) 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;
(iii) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(iv) 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;
(v) you have the authority to enter into this Registration
Agreement; and
(vi) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
4. FEES. As consideration for the Services you have selected,
you agree to pay the RSP the applicable service(s) fees. All
fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you
as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as
account information ("Account Information"). By submitting
this Agreement, you represent that the statements in your
Application are true, complete and accurate.
5. TERM. This Agreement shall remain in full force during the
length of the term of your domain name registration(s) as
selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen
the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar,
the terms and conditions of this contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we may: (1)
revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. You agree
to be bound by any such revision or change which shall be
effective immediately upon posting on our web site or upon
notification to you by e-mail or your country's postal service
pursuant to the Notices section of this Agreement. You agree
to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant
to the Notices section of this Agreement. Notice of your
termination shall be effective after processing by us. You
agree that, by continuing the use of Services following notice
of any revision to this Agreement or change in service(s), you
shall be bound by any such revisions and changes. You further
agree to be bound by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as presently written and posted on
http://resellers.tucows.com/opensrs/legal and as shall be
amended from time to time. You acknowledge that if you do not
agree to any such modifications, you may request that your
domain name be deleted from the domain name database. We will
not refund any fees paid by you if you terminate your
agreement with us.
7. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account
Identifier and Password that you selected when you opened your
account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
8. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a
domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy.
9. 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:
(i) The Uniform Domain Name Dispute Resolution Policy
("Dispute Policy), available at http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by
Registrant.
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.
10. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
11. AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the domain name
holder of record and are therefore responsible for providing
your own full contact information and for providing and
updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You
shall accept liability for harm caused by wrongful use of the
domain name. You represent that you have provided notice of
the terms and conditions in this Agreement to a third party
licensee and that the third party agrees to the terms hereof.
You acknowledge and agree that the domain name has not been
registered solely for the purposes of selling, trading or
leasing for compensation and will be used for a business or
commercial purpose.
12. 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.
13. 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). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such
jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss
or liability resulting from data non-delivery or data
miss-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. In no event shall our maximum liability exceed
five hundred ($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and hold us,
the Registry Operator, our contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under
this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by
you, or someone else using the Service 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 shall be a breach of
your Agreement and may result in deactivation of your domain
name. This indemnification obligation will survive the
termination or expiration of this agreement.
15. TRANSFER OF OWNERSHIP. The person named as registrant on
the WHOIS shall be the registered name holder. The person
named as administrative contact at the time the controlling
user name and password are secured shall be deemed to be the
designate of the registrant with the authority to manage the
domain name. You agree that prior to transferring ownership of
your domain name to another person (the Transferee") you shall
require the Transferee to agree in writing to be bound by all
the terms and conditions of this Agreement. Your domain name
will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee
has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee. If the
Transferee fails to be bound in a reasonable fashion (as
determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to
change registrars during the first sixty (60) days following
the registration of your domain name.
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 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.
17. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
18. 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. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us
promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us
the following information:
(i) Your full name, postal address, e-mail address and
telephone number and fax number (if available) (or, if
different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing
contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name.
Any other information, which we request from you at
registration, is voluntary. Any voluntary information we
request is collected for the purpose of improving the products
and services offered to you through your RSP.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable. You
further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some,
or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by ICANN
and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the
registration of a domain name (including any updates to such
information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in
our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe in
this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that
information.
21. REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to
inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact
appearing in the "Whois" directory with respect to a domain
name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us concerning
an identified or identifiable natural person ("Personal Data")
will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator, in our
sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other
Services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third
party. We also reserve the right to suspend a domain name
during resolution of a dispute.
23. 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.
24. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the
parties.
25. NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
26. 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 postal service. In the case of
e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained
by the sender. In the case of e-mail, notifications must be
sent to us at lhutz@tucows.com, or in the case of notification
to you, 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 5 business days after
the date of mailing and, in the case of notification to us or
to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record
27. ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, ICANN and/or the Registry
Operator 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.
28. 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.
29. INFANCY. You attest that you are of legal age to enter
into this Agreement.
30. FOREIGN LANGUAGE: Controlling Language. In the event that
you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English
language version hereof shall prevail in case of inconsistency
or contradiction in interpretation or translation.
31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE
SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT. |