The
following terms and conditions apply to our Web hosting and domain
name registration services. If you are registering a domain name
only, the terms and conditions of that service can be seen below.
Internet
Web Service Agreement: Zillionbucks Terms of Service
This AGREEMENT
is made and entered into this day and is by and between ZILLIONBUCKS.COM,
an Illinois Company with its principal place of business at CHAMPAIGN,
IL (hereinafter referred to as "ZILLIONBUCKS") and the recipient
of this agreement, CUSTOMER NAME, with its place of business for
the purpose of this agreement at: CUSTOMER'S CITY (hereinafter referred
to as the "CUSTOMER"). The parties hereto do hereby agree as follows:
1. DESCRIPTION
OF SERVICE: ZILLIONBUCKS, as an Internet World Wide Web service
provider, provides dedicated server computers integrated with the
Internet. These server computers send and receive information as
related to the World Wide Web. CUSTOMER wishes to connect to and
utilize the software and hardware facilities of ZILLIONBUCKS to
establish an Internet Web Site.
2. USE OF SERVICE:
(A). User Parameters:
The agreement hereby is intended to cover only one Web site unless
otherwise noted. This is for the exclusive use of the customer specifically
named above and does not extend to any other person or entity. Zillionbucks
does not allow sub-hosting of any kind. Customers cannot sublease,
subhost, or give away control of any portion of ZILLIONBUCKS resources.
(B). Legal Parameters:
This service is to be utilized solely for lawful purposes, and use
of the service in connection with or adjunct to any matter or thing,
which violates any municipal, state or federal statute, or regulation
is prohibited. CUSTOMER agrees to indemnify and hold harmless ZILLIONBUCKS
from and against any and all claims, actions, causes of actions,
losses or damages (including legal fees) that may arise from the
usage by the CUSTOMER in violation of this paragraph.
(C). Unilateral
Service Revocation: In the event that at any given time, ZILLIONBUCKS
believes that the service is being used by the CUSTOMER in contravention
with the terms and provisions of sections A or B above, ZILLIONBUCKS
has the right to immediately discontinue such service to CUSTOMER
without liability or refund of prepaid service fees. The CUSTOMER
agrees not to publish and/or disseminate any libelous and/or defamatory
information through its website which might expose ZILLIONBUCKS
or its Officers, Directors, Employees and/or Agents to liability.
In the event that ZILLIONBUCKS either on its own initiative or following
a third party complaint learns of defamatory information being published
via its dedicated server computers, then, in such event, ZILLIONBUCKS
reserves the right to terminate the website service and this Internet
Web Service Contract without notice to the CUSTOMER. In such event,
ZILLIONBUCKS's liability to the CUSTOMER shall be limited to the
prorated service fees accruing from the date of interruption of
service until the commencement of the next billing cycle.
3. NO WARRANTIES:
ZILLIONBUCKS cannot be held responsible for any damages your business
may suffer. ZILLIONBUCKS makes no warranties of any kind, expressed
or implied for the services we provide. ZILLIONBUCKS disclaims any
warranty including claims of actual, compensatory and/or consequential
damages that may be suffered by CUSTOMER. This includes losses or
damages due to the loss of data resulting from delays, non-deliveries,
or service interruptions caused by the fault or negligence of ZILLIONBUCKS
and its employees. ZILLIONBUCKS reserves the right to revise its
policies at any time. It is the CUSTOMER's responsibility to contact
ZILLIONBUCKS in order to determine suitability of any content before
contracting hosting services at <sales@zillionbucks.com>.
In the event that ZILLIONBUCKS shall breach this Internet Web Service
agreement, its liability to CUSTOMER shall be limited to three (3)
months prorated service charges currently levied to that CUSTOMER.
Should you wish to discontinue service with Zillionbucks, you must
either mail or email instructions to us so they arrive at least
24 hours prior to the end of your service agreement. Failure to
do so may result in unnecessary charges to your account. There are
no refunds or prorations for unused, prepaid hosting services after
the first 30 days.
4. LIABILITIES:
CUSTOMER agrees to defend, indemnify and hold harmless ZILLIONBUCKS
against liabilities arising out of: (a) any injury to person or
property caused by any products or services sold or otherwise distributed
in connection with ZILLIONBUCKS servers; (b) any material supplied
by CUSTOMER infringing or allegedly infringing on proprietary rights
of a third party; (c) copyright infringement and (d) any defective
products or services sold to customer from ZILLIONBUCKS servers.
5. INFORMATION
USAGE: The use of any data or material, which CUSTOMER receives
from the service provided by ZILLIONBUCKS, is at CUSTOMER'S sole
and absolute risk. ZILLIONBUCKS specifically disclaims and denies
any responsibility for the completeness, or accuracy or quality
of any and all information obtained through the services to be provided
hereby. CUSTOMER is solely and fully responsible for any content
published in the server space provided.
6. DOMAIN NAMES:
Should ZILLIONBUCKS acquire an Internet Domain Name on the CUSTOMER'S
behalf, then in such case the CUSTOMER hereby waives any and all
claims which it may have against ZILLIONBUCKS for any loss, damage,
claim or expense arising out of or in relation to the registration
of such Domain Name from such directories or lists following the
termination of the providing of this service by ZILLIONBUCKS for
any reason.
7. INVOICING
AND SERVICE FEES: Invoicing for Web site shall be as follows: CUSTOMER
will be billed for a minimum of three (3) months service in advance.
All fees are guaranteed for the period of the contract, when received
by Zillionbucks, except in the case of abuse or contravention of
this Zillionbucks terms of service agreement. If cancellation is
due to CUSTOMER'S abuse of ZILLIONBUCKS services, there will be
no refund of prepaid service charges. Payment of the service fee
through the end of the three-month (or longer minimum period) will
be made upon inception (Sign-up Date). In the event that CUSTOMER
fails to pay in advance for the services provided herein or in the
event there shall exist any delinquency in the CUSTOMER'S account,
ZILLIONBUCKS reserves the right, at its sole, absolute and unfettered
discretion, to terminate this Internet Web Service Contract and
discontinue service to CUSTOMER without notice or liability for
actual, compensatory or consequential damages to CUSTOMER for the
interruption in service. If cancellation is due to your abuse of
ZILLIONBUCKS policies, or occurs after the first 30 days of service
there will be no refund. Where there is additional payment but no
further instruction from the customer, Zillionbucks will continue
to provide services at the existing fee, prorated on a month-to-month
basis, where there is no increase in ZILLIONBUCKS fees. All payments
can be charged to an approved credit card (Visa, Mastercard, Discover,
American Express) using PayPal or via business or personal check.
Please address any questions regarding payment to billing@ZILLIONBUCKS.com.
We accept both credit cards (through PayPal) or checks for payment
of services.
ZILLIONBUCKS
shall be entitled to unilaterally terminate this agreement, in which
case the provisions of items 2,3,4, and 5 above shall continue in
full force and effect, and/or, at its sole discretion, ZILLIONBUCKS
may discontinue or suspend service to CUSTOMER until payment is
made. Any service disconnection or suspension will result in the
requirement of a $30.00 (thirty dollars) reconnect fee. Additional
data transfer over current agreed limit is available at $2 per 10
MB unit per month. Additional data storage used over current agreed
limit is available at $2 per 1 MB unit per month.
Support inquiries
should be initiated via email to: support@ ZILLIONBUCKS.com. ZILLIONBUCKS
will make a diligent effort to resolve any problems related to ZILLIONBUCKS's
hardware or supporting software. ZILLIONBUCKS will provide at least
one free telephone consulting session for each customer for the
purposes of discussing promotion strategies or resolving technical
matters.
8. CHANGES IN
TERMS OF AGREEMENT: ZILLIONBUCKS reserves the right to make changes
to any of the above terms and conditions of this agreement upon
thirty (30) days written notice to CUSTOMER, advising of the change
and the effective date thereof. Changes in any service fees will
not go into effect until the end of CUSTOMER'S prepaid period of
service. The use of the service by the CUSTOMER following the effective
date of such change shall be proof of acceptance by CUSTOMER of
such change(s).
9. ENTIRE AGREEMENT
AND SEVERABILITY: This instrument constitutes the entire agreement
between the parties, and represents the complete and entire understanding
of the parties with respect to the subject matter contained in this
agreement. This instrument supersedes any other agreement or understanding
between the parties, whether written or oral. In the event that
any term or provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions
of this instrument and the agreement which it evidences, shall remain
in full force and effect.
10. CUSTOMER
ADDENDUM - UNAUTHORIZED USE OF ZILLIONBUCKS SERVICES. Any person
using ZILLIONBUCKS services for the following unauthorized activities
are subject to the following terms and conditions. ANYONE using
any ZILLIONBUCKS service without authority will be billed accordingly.
(A). The use
of Unsolicited Bulk Email (UBE), Unsolicited Commercial Email (UCE)
or any other form of “spam” may be a violation of many
state and federal laws, and is violative of this Internet Web Service
Contract. CUSTOMER will be cited with UBE/UCE abuse if CUSTOMER
sends any email to persons who have not specifically asked to receive
email from you. Such prohibited conduct subjects CUSTOMER to immediate
cessation of service as provided herein and the termination of this
contract without notice. ZILLIONBUCKS reserves the right to report
such illegal activities to any and all regulatory, administrative
and/or governmental authorities for appropriate prosecution. If
CUSTOMER chooses to use email for marketing their site, ZILLIONBUCKS
asks that only "opt-in" email marketing be used. By definition,
opt-in is where people provide you with their email address specifically
requesting to be on your email list for information about your site/service.
Be aware that the purchase or rental of an opt-in email list does
not guarantee that it is a legitimate list. If the CUSTOMER has
questions they should contact ZILLIONBUCKS, before sending out a
mailing.
(B). The use
of any ZILLIONBUCKS Domain Name Server to register a domain name
without the expressed authorization of ZILLIONBUCKS is strictly
prohibited and shall subject CUSTOMER to a U.S. fifty (50) dollar
charge per additional domain name and/or the termination of the
Internet Web Service Contract.
(C). IRC, Chat
Rooms, MUDDS, Listservers, or any other Internet applications that
are not Website specific, are specifically prohibited and can be
subject to immediate termination.
(D). INTERNIC
Registrations/Modifies: It is understood by the CUSTOMER that ZILLIONBUCKS
personnel can only submit a request to the Network Solutions or
to other registrars to register or modify a domain name registration.
It is the CUSTOMER'S responsibility to make sure the domain name
registrations or transfers take place and/or to forward the Internic
tracking numbers to ZILLIONBUCKS personnel to REQUEST EXPEDITING
OF the domain name registration/modify.
10. PRIVACY:
Personal or confidential information (e-mail addresses, contact
information, credit card numbers, etc.) will be used exclusively
for the expressed reasons we specify when gathered. It is ZILLIONBUCKS
policy not to share, sell, or otherwise distribute this information
to any third party without court order. For additional details see
our Privacy Policy.
11. COPYRIGHT:
ZILLIONBUCKS respects your copyright in the content you or your
assigns create for your Web sites and copy your site content only
for the purposes of normal computer system backup requirements.
Although ZILLIONBUCKS runs daily back-ups of websites on our servers,
CUSTOMERS are ultimately responsible to maintain a current copy
of each site, other than the one on ZILLIONBUCKS server hard drives.
ZILLIONBUCKS prohibits the publication or distribution of any materials
in a manner that violates or assists in the violation of copyright
law. This includes Warez software and the music compression format,
Mp3. Warez is defined by ZILLIONBUCKS as illegal/pirated software.
If a site is found to distribute or archive copyrighted or Warez
or similar material, ZILLIONBUCKS reserves the right to terminate
service for that domain. ZILLIONBUCKS also prohibits any sites with
direct links to other sites containing such material. Server space
is provided by ZILLIONBUCKS to its CUSTOMERS for hypertext (HTML)
and other associated computer code in files intended solely for
the presentation of the customer's Web pages. Archiving on our servers
is not permitted, and a violation can result in warning, suspension,
and cancellation. ZILLIONBUCKS defines archiving as the storage
of files on our servers that are not linked or otherwise required
for the delivery of services related to the Web pages of the CUSTOMER'S
site.
By completing
the registration process and clicking the"SEND" button, CUSTOMER
attests to be of legal age to enter into this agreement in CUSTOMER'S
local jurisdiction and agrees to abide by these terms and conditions.
IN WITNESS,
WHEREOF, the parties hereto, intending to be legally bound hereby,
and in consideration of the covenants and agreements contained herein,
do hereby execute this instrument, with each party warranting their
ability to enter into this agreement for the person or entity herein
named as a party hereto. This Agreement shall be construed and interpreted
pursuant to the laws of the State of Illinois. Venue of any action
arising out of this Agreement or any modifications thereto shall
be in the Circuit Court in and for Champaign County, Illinois
Domain
Name Registration Agreement
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to TUCOWS Inc. and "Services" refers to
the domain name registration provided by us as offered through Zillionbucks.com,
the Registration Service Provider ("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for
various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge and belief, neither the registration
of the SLD name nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party and that the Domain
Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected,
you agree to pay to us, or your respective RSP who remits payment
to us on your behalf, 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"). You, by completing
and submitting this Agreement represent that the statements in your
application are true.
4. TERM. You agree that the Registration Agreement will remain
in full force during the length of the term of your Domain Name
Registration. Should you choose to renew or otherwise lengthen the
term of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain
in full force during the length of the term of your Domain Name
Registration as selected, recorded, and paid for upon registration
of the Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be
transferred due to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then
in force between SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the
service(s) on our Web site, or on notification to you by e-mail
or regular mail as per the Notices section of this agreement. You
agree to review our Web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any
time by providing us with notice by e-mail or regular mail as per
the Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree that,
by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any
such revisions or changes. You further agree to abide by the ICANN
Uniform Dispute Resolution Policy ("Dispute Policy") as amended
from time to time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain
name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use your Account Identifier
and Password that you selected or were provided to you when you
registered your domain name account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no
event will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy which
is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute Policy
in effect at the time of the dispute. You agree that in the event
a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the
SLD name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an ICANN-adopted policy,
(1) to correct mistakes by Registrar or the Registry in registering
the name or (2) for the resolution of disputes concerning the SLD
name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the SLD 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 SLD.
You shall accept liability for harm caused by wrongful use of the
SLD, unless you promptly disclose the identity of the licensee to
the party providing you reasonable evidence of actionable harm.
You also represent that you have provided notice of the terms and
conditions in this Agreement to the third party and that the third
party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our contractors
shall not be liable for any direct, indirect, incidental, special
or consequential damages resulting from the use or inability to
use any of the Services or for the cost of procurement of substitute
services. Because some 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.
In no event shall our maximum liability exceed five hundred ($500.00)
dollars.
13. INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses, including
without limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, 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 with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation of your
domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative
contact at the time the controlling user name and password are secured
shall be the owner of 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.
15. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach
and that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other
breach by you.
16. NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does
not confer immunity from objection to either the registration, reservation,
or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of
our Services is solely at your own risk. You agree that such Service(s)
is provided on an "as is," "as available" basis. We expressly disclaim
all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do we
make any warranty as to the results that may be obtained from the
use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the
Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased
or obtained through the Service or any transactions entered into
through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any
warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you
are required to provide us certain information and to update us
promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
i) Your name and postal address (or, if different, that of the domain
name holder); ii) The domain name being registered iii) The name,
postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name.
iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name. Any other information which we request from you at
registration is voluntary. Any voluntary information we request
is collected such that we can continue to improve the products and
services offered to you through your RSP.
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,
and to other third parties as ICANN and applicable laws may require
or permit. 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 the applicable laws.
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.
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 access or disclosure,
alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen calendar
days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the
SLD registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen domain name
or register you for other Services within thirty (30) calendar days
from receipt of your payment for such services. In the event we
do not register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain
in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you
of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by
us of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail notification to us or to the RSP to lhutz@Tucows.com
or registrar@zillionbucks.com
or, in the case of notice to you, at 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 the RSP shall be sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto,
Ontario M6K 3M1 - OR - Zillionbucks.com, 701. W. Washington St.
Champaign, IL 61820; and in the case of notification to you shall
be to the address specified in the "Administrative Contact" in your
WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and
policies published by us and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice, policy
or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE
OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
29. 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.
