Termes et conditions

La présente politique d'utilisation acceptable (la « PUA ») de Mycloud.ma décrit les utilisations prohibées du site Web de Mycloud.ma (le « Site ») et des services nuagiques de Mycloud.ma  (les « Services »). Les conditions générales du service (les « Conditions ») régissent les relations d'ordre général entre vous et Mycloud.ma ainsi que toute autre filiale d'Mycloud.ma. La présente PUA et toutes les politiques s'y rattachant sont intégrées par renvoi aux conditions. Toutes les politiques afférentes sont disponibles sur le site mycloud.ma.
Les dispositions prévues par la PUA constituent les conditions de votre utilisation en matière de comportement et de conduite acceptables liés à l'utilisation que vous ferez du Site et des Services. CES DISPOSITIONS N'ONT PAS UN CARACTÈRE EXHAUSTIF. De manière générale, toute conduite contraire à toute loi, toute réglementation ou toute norme généralement acceptée par la communauté Internet, qu'elle soit ou non mentionnée expressément dans la PUA, est interdite.  Mycloud.ma se réserve le droit exclusif, en tout temps et à sa seule et entière discrétion, de vous interdire toute activité liée à votre utilisation des Services qui, de quelque manière que ce soit, nuirait ou pourrait raisonnablement nuire à Mycloud.ma, ses filiales, sa réputation commerciale ou son image.
Votre utilisation du Site et des Services est assujettie à la version la plus récente de la PUA publiée sur le Site. Vous acceptez de vous conformer à cette PUA et à toutes les politiques concernant les utilisations permises et prohibées des Services et du Site pouvant être publiées par Mycloud.ma sur le Site, incluant les blogues et forums s'y rattachant. Mycloud.ma se réserve le droit exclusif de modifier en tout temps toute partie de la PUA ou de tout autre politique ou directive régissant le Site ou les Services. Toute modification prendra effet dès la publication des révisions sur le Site. En continuant d'utiliser le Site ou les Services, vous acceptez les modifications à la PUA. Si vous refusez les modifications, vous devez immédiatement cesser l'utilisation des Services et du Site.
Si Mycloud.ma estime, à sa seule et entière discrétion, que vous avez pu enfreindre la PUA, Mycloud.ma pourra vous interdire de façon permanente l'utilisation du Site et des Services, annuler les Services sans remboursement et si nécessaire, intenter des poursuites judiciaires. De plus, vous pourriez vous exposer à des sanctions civiles ou pénales ou des mesures d'injonction.

1. DÉFINITIONS

2. ACTIVITÉS LIÉES À LA SÉCURITÉ DU SYSTÈME ET DU RÉSEAU

3. ACTIVITÉS D'UTILISATION D'EMAILS

4. LIENS EXTERNES À DES ANNONCEURS

5. DISPOSITIONS ADDITIONNELLES DE LA PUA

6. APPLICATION

Objectif

Avis aux utilisateurs finaux des Services

Renseignements recueillis par Mycloud.ma

Cookies

Fichier d'analyse/journal de bord

Délai de conservation et suppression des Renseignements personnels

Site Web, Services et Logiciels tiers

Votre consentement

Partage d'information

Utilisation des Renseignements personnels par Mycloud.ma

Informations interdites et informations concernant les mineurs

Gestion, conservation et sécurité des renseignements personnels

Accès aux Renseignements personnels

Révisions à la Politique de confidentialité

Questions

Soutien

This Microsoft Cloud Agreement is between Microsoft Corporation ("Microsoft", "we", "us", or "our) and the entity you represent, or, if you do not designate an entity in connection with a Subscription, then this agreement is between Microsoft and you individually (in either case, "Customer" or "you"). This agreement consists of the terms and conditions below, the Acceptable Use Policy, the Online Services Terms, and the SLAs. It is effective on the date we provide you with confirmation of your first order ("Effective Date"). Key terms are defined in Section 11.
1. General.
a. Right to Use. We grant you the right to access and use the Online Services and to install and use Software included with your Subscription, as further described in this agreement. We reserve all other rights.
b. Acceptable Use. You will use the Product only per the Acceptable Use Policy. You may not reverse engineer, decompile, disassemble or work around technical limitations in the Product, except where applicable law permits it despite this limitation. You may not disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters your use of the Product. You may not rent, lease, lend, resell, transfer, or host any Product to or for third parties.
c. Use Rights. The Online Services Terms in effect on the Effective Date will apply to your use of the Product for the initial Term of the Subscription. For any renewal Term, the Online Services Terms in effect on the date of renewal will apply. The use rights and Microsoft's process for updating them are detailed in the Online Services Terms.
d. Choosing a Reseller. You must choose and maintain a Reseller authorized in your region.
e. Reseller Administrator Access and Customer Data. You acknowledge and agree that (i) once you have chosen a Reseller, that Reseller will be an additional administrator of the Online Services for the Term, and you will be unable to choose another Reseller for the Online Services during the Term, unless otherwise permitted by Microsoft; (ii) Reseller will have the same administrative privileges and access to Customer Data as your own administrator; (iii) Reseller's privacy practices with respect to Customer Data or any services provided by Reseller may differ from the privacy practices of Microsoft; and (iv) Reseller may collect, use, transfer, disclose, and otherwise process Customer Data, including personal data. You consent to Microsoft providing Reseller with information that you provide to Microsoft and Customer Data for purposes of ordering, provisioning and administering the Online Services.
f. Eligibility for Academic and Government Versions. You agree that if you are purchasing an academic or government offer, you meet the respective eligibility requirements for a Qualified Educational User or Qualifying Government Entity published athttp://www.microsoftvolumelicensing.com. Microsoft reserves the right to verify eligibility at any time and suspend the Online Service if such eligibility requirements are not met.
2. Confidentiality.
To the extent permitted by applicable law, the terms and conditions of this agreement are confidential. Unless otherwise agreed, you may not disclose these terms and conditions, or the substance of any discussions that led to them, to any third party other than your Affiliates or agents, or to designated or prospective Resellers who: (a) have a need to know such information in order to assist in carrying out this agreement; and (b) have been instructed that all such information is to be handled in strict confidence.
3. Orders, Prices, term, termination, and suspension.

1. Orders.
1. Orders must be placed through your designated Reseller.
2. You may increase the quantity of Product ordered during the Term of a Subscription. Additional quantities of Product added to a Subscription will expire at the end of that Subscription.
2. Available Subscription Offers.
1. Commitment Offering. You commit in advance to purchase a specific quantity of Services for use during a Term. With respect to Microsoft Azure Services, additional or other usage (for example, usage beyond your commitment quantity) may be treated as a Consumption Offering. Committed quantities not used during the Term will expire at the end of the Term.
2. Consumption Offering (also known as Pay-As-You-Go). For Microsoft Azure Services only, your Reseller will bill you based on your actual usage of the Online Services.
3. The Subscription offers available to you will be established by your Reseller.
3. Pricing and Payment. You acknowledge that your prices for each Product and terms and conditions for invoicing and payment will be established by your Reseller.
4. Renewal. The Term of your existing Subscription will automatically renew unless you provide your Reseller with notice of your intent not to renew prior to expiration of the Term of the Subscription. Microsoft may require you to sign a new agreement, a supplemental agreement or an amendment before processing a renewal.
5. Taxes. The parties are not liable for any of the taxes of the other party that the other party is legally obligated to pay and which are incurred or arise in connection with or related to the transactions contemplated under this Agreement, and all such taxes shall be the financial responsibility of the party who is obligated by operation of law to pay such tax.
6. Duration of agreement and Termination. This agreement will remain in effect for the Term of any Subscription purchased hereunder. You may terminate this agreement at any time by contacting your designated Reseller. The expiration or termination of this agreement will only terminate your right to place new orders for additional Products under this agreement.
7. Termination for breach. Either party may, on written notice to the other party, terminate this agreement if the other party materially breaches this agreement. Except where the beach is by its nature incapable of being cured within 30 days, the terminating party must give the other party 30 days prior written notice and opportunity to cure.

4. Security, privacy, and data protection.

1. You consent to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this agreement. You may choose to provide personal information to Microsoft on behalf of third parties (including your contacts, resellers, distributors, administrators, and employees) as part of this agreement. You will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft.
2. Additional privacy and security details are in the Online Services Terms. The commitments made in the Online Services Terms only apply to the Online Services purchased under this agreement and not to any services or products provided by your Reseller.
3. You consent and authorize Microsoft (and its service providers and subcontractors), at Reseller's direction or as required by law, to access and disclose to law enforcement or other government authorities data from, about or related to you, including the content of communications (or to provide law enforcement or other government entities access to such data).
4. As and to the extent required by law, you shall notify the individual users of the Online Services that their data may be processed for the purpose of disclosing it to law enforcement or other governmental authorities as directed by Reseller or as required by law, and shall obtain the users' consent to the same.
5. You appoint Reseller as its agent for purposes of interfacing with and providing instructions to Microsoft for the purposes of this Section 4.

5. Warranties.

1. Limited warranty.
1. Online Services. We warrant that each Online Service will meet the terms of the applicable SLA during the applicable Term. Your only remedies for breach of this warranty are those in the SLA.
2. Software. We warrant for one year from the date you first use the Software that it will perform substantially as described in the applicable user documentation. If Software fails to meet this warranty we will at our option (1) return the price paid for the Software or (2) repair or replace the Software.
2. Limited warranty exclusions. This limited warranty is subject to the following limitations:
1. any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
2. this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement, or resulting from events beyond our reasonable control;
3. this limited warranty does not apply to problems caused by the failure to meet minimum system requirements; and
4. this limited warranty does not apply to free, trial, pre-release, preview or beta Products.
3. Disclaimer. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.

6. Defense of claims.

1. Defense. We will defend you against any claims made by an unaffiliated third party that a Product infringes its patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third party that any Customer Data (i) infringes the third party's patent, copyright, or trademark or makes unlawful use of its trade secret or (ii) arises from violation of the Acceptable Use Policy.
2. Limitations. Our obligations in Section 5a will not apply to a claim or award based on: (i) Customer Data, non-Microsoft software, modifications you make to the Product, or materials you provide or make available as part of using the Product; (ii) your combination of the Product with, or damages based upon the value of, a non-Microsoft product, Customer Data or business process; (iii) your use of a Microsoft trademark without our express written consent, or your use of the Product after we notify you to stop due to a third-party claim; or (iv) your redistribution of the Product to, or use for the benefit of, any unaffiliated third party.
3. Remedies. If we reasonably believe that a claim under Section 5a may bar your use of the Product, we will seek to: (i) obtain the right for you to keep using it; or (ii) modify or replace it with a functional equivalent and notify you to stop use of the prior version of the Product. If these options are not commercially reasonable, we may terminate your rights to use the Product and then refund any advance payments for unused Subscription rights to your Reseller.
4. Obligations. Each party must notify the other promptly of a claim under this Section 6. The party seeking protection must (i) give the other sole control over the defense and settlement of the claim; and (ii) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties' respective rights to defense and payment of judgments or settlements under this Section 6 are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights.

7. Limitation of liability.

1. Limitation. The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid for the Online Service during the 12 months before the cause of action arose; provided, that in no event will a party's aggregate liability for any Online Service exceed the amount paid for that Online Service. For Products provided free of charge, Microsoft's liability is limited to direct damages up to U.S. $5,000.
2. Exclusion. Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.
3. Exceptions to limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (i) the parties' obligations under Section 6; or (ii) violation of the other's intellectual property rights.

8. Software.

1. Licenses purchased. We grant you licenses for the number of copies of Software you ordered.
2. License confirmation. Proof of your Software license is (i) this agreement, (ii) any Order confirmation, (iii) documentation evidencing license transfers (for any permitted transfers), and (iv) proof of payment.
3. License rights are not related to fulfillment of Software media. Your acquisition of Software media or access to a network source does not affect your license to Software obtained under this agreement. We license Software to you, we do not sell it.
4. Transferring and assigning licenses. License transfers are not permitted.

9. Support.
Support services for Products purchased under this agreement will be provided by Reseller.
10. Agreement mechanics.

1. Notices. You must send notices by mail to the address below.

2. We may email notices to account administrators you identify. Notices are effective on the date on the return receipt or, for email, when sent.
3. Assignment. You may not assign this agreement either in whole or in part.
4. Severability. If any part of this agreement is held unenforceable, the rest of the agreement will remain in full force and effect.
5. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
6. No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
7. Applicable law and venue. This agreement is governed by Washington law, without regard to its conflict of laws principles except that (i) if Customer is a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if Customer is a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
8. Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
9. Survival The following provisions will survive this agreement's termination or expiration: 5 (Warranties), 6 (Defense of claims), 7 (Limitation of liability), 10f (Applicable law and venue), 10g (Entire agreement), 10h (Survival), 10i (U.S. export jurisdiction) and 11 (Definitions).
10. U.S. export jurisdiction. The Product is subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
11. Force majeure. Neither party will be liable for any failure in performance due to causes beyond that party's reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This section will not, however, apply to your payment obligations under this agreement.
12. Publicity. Microsoft may publicly disclose (orally and in writing) that you are a customer of Microsoft and a purchaser of the Product(s), including in a list of Microsoft customers and other promotional materials.
13. Order of Precedence. In the case of a conflict between any documents referred to in this agreement that are not expressly resolved in those documents, their terms will control in the following order of descending priority: (1) this agreement, (2) the SLAs, and (3) the Online Services Terms. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter.

11. Definitions.
Any reference in this agreement to "day" will be a calendar day.
"Acceptable Use Policy" is set forth in the Online Services Terms or as otherwise made prominently available by Microsoft.
"Affiliate" means any legal entity that a party owns, or that owns a party, with a 50% or greater interest.
"Commitment Offering" and "Consumption Offering" describe categories of Subscription offers and are defined in Section 3.
"Customer Data" is defined in the Online Services Terms.
"Online Service" means any Microsoft online service subscribed to under this agreement.
"Online Services Terms" means the terms that apply to your use of the Products available athttp://www.microsoft.com/licensing/onlineuserights. The Online Services Terms include terms governing your use of Products that are in addition to the terms in this agreement.
"Product" means any Online Service (including any Software).
"Reseller" means an entity authorized by Microsoft to resell Software licenses and Online Service Subscriptions under this program and engaged by you to provide pre- and post-transaction assistance.
"SLAs" means the service level agreement commitments we make regarding delivery and/or performance of the Online Service, as published at http://www.microsoft.com/licensing/contracts, http://www.windowsazure.com/en-us/support/legal/sla/ or at an alternate site that we identify.
"Software" means software we provide for installation on your device as part of your Subscription or for use with the Online Service to enable certain functionality.
"Subscriptiion" means an order for a quantity of Product for a defined Term (e.g., 30 days or 12 months).

These SkyKick, Inc. (“SkyKick”) Terms and Conditions (the “Terms and Conditions”) apply to any and all orders placed by a SkyKick IT solutions provider (“SkyKick Partner”) on behalf of an end-customer (“Customer”) through a SkyKick order form (the “Order Form”). All offers and sales of services and products offered by SkyKick through a SkyKick Partner are subject to and expressly conditioned on these Terms and Conditions, any exhibits thereto, the Order Form and any other written or electronic agreements executed by SkyKick and Customer (or on Customer’s behalf) that reference or are executed pursuant to these Terms and Conditions (collectively, the “Agreement”). The effective date of the Agreement (the “Effective Date”) will be the date that SkyKick accepts an order for Services (defined below) as set forth in the Order Form placed by a SkyKick Partner. SkyKick and Customer are sometimes referred to herein individually as a “Party” and together as the “Parties.”
By using or receiving the Services, Customer agrees to all of the terms and conditions of these SkyKick Terms and Conditions, including the limitations on liability set forth herein and the provisions governing SkyKick’s ability to modify these Terms and Conditions set forth in Section 12.10. IF CUSTOMER DOES NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, CUSTOMER IS NOT PERMITTED TO USE THE SERVICES. Customer may authorize a SkyKick Partner to accept these Terms and Conditions and any Agreement hereunder on Customer’s behalf and Customer will be bound thereby as if these Terms and Conditions or such Agreement were directly executed by Customer.

Recitals

A. SkyKick is in the business of providing certain IT products and services as more fully described in the Documentation or an applicable Order Form (the “Services”). SkyKick provides certain Services only to Customers that license software and/or services (the “Provider Offerings”) under an agreement (each, a “Provider Agreement”) with certain SkyKick authorized service providers or licensors (each, a “Provider” and collectively, the “Providers”)
B. Customer has contracted with (or desires to contract with) Provider for the purpose of receiving the Provider Offerings; and
C. Customer desires to engage SkyKick to provide the Services and to act on Customer’s behalf with respect to certain aspects of Customer’s utilization of such Provider Offerings, and SkyKick desires to provide such Services in accordance with and pursuant to the terms and conditions of this Agreement.

Agreement

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions. For the purposes of this Agreement, the following terms will have the following meanings:

1.1 “ Confidential Information” means all information disclosed (whether in oral, written, or other tangible or intangible form) by a Party to the other Party concerning or related to this Agreement (whether before, on or after the Effective Date), which the receiving Party knows or should know, given the facts and circumstances surrounding the disclosure of the information, is confidential information of the disclosing Party. Confidential Information includes, but is not limited to, the pricing terms under this Agreement, an Order Form or an applicable Partner Contract, the Intellectual Property Rights of SkyKick, any Customer Data, the SkyKick Platform, components of the business plans, the Services, the Software, inventions, design plans, any proprietary software or technology of SkyKick, financial plans, computer programs, know-how, customer information, strategies and other similar information. Notwithstanding the foregoing, Confidential Information will not include information that: (a) is in or enters the public domain without breach of this Agreement through no fault of the receiving Party; (b) the receiving Party can reasonably demonstrate was in its possession prior to first receiving it from the disclosing Party; (c) the receiving Party can demonstrate was developed by the receiving Party independently and without use of or reference to the Confidential Information; or (d) the receiving Party receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation.

1.2 “ Customer Data” means any and all information, emails, data, text, audio, video, images or other content (a) provided by Customer or a User to SkyKick or a SkyKick Partner in connection with the use of the Provider Offerings, SkyKick Site or SkyKick Platform provided hereunder, or (b) provided to, hosted, stored, and/or accessed by SkyKick in connection with the provision of Services.

1.3 “ Documentation” means SkyKick’s product and services descriptions, user instructions and other documentation relating to the SkyKick Platform which SkyKick may provide via the SkyKick Site or directly to Customer from time to time.

1.4 “ Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, trade secrets, trade dress and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.

1.5 “ Person” means an individual, partnership, limited liability company, association, corporation or other entity.

1.6 “ Partner Contract” means an agreement between a SkyKick Partner and Customer pursuant to which such SkyKick Partner makes the SkyKick Platform available to Customer.

1.7 “ SkyKick Platform” means the Services, the Software and any other technology used by SkyKick in the provision and operation of the Services or supplied by SkyKick to Customer in connection with the provision or receipt of Services, including the SkyKick Site.

1.8 “ SkyKick Site” means the SkyKick website at www.skykick.com, or any successor website thereto.

1.9 “Software” means the SkyKick proprietary software provided by SkyKick to Customer in connection with the provision of the Services as further described in the Documentation for an applicable Service.

1.10 “User” means any employee, contractor, or agent of Customer who is authorized by Customer to use the Services or otherwise makes use of or receives the Services, or whose data is processed or accessed by the Services.

2. Appointment; Access to Systems; Microsoft Terms.

2.1 Appointment. Customer hereby authorizes SkyKick to perform the Services purchased from a SkyKick Partner in accordance with the terms and conditions of this Agreement and the applicable Order Form. To the extent required by Provider, Customer hereby appoints SkyKick as its partner of record and delegated administrator with respect to any applicable Provider Offering.

2.2 Access to Customer’s Systems and Information. Customer will grant to SkyKick access to Customer’s systems and online hosted accounts as required for SkyKick to provide the Services (including administrative-level access). Customer will provide SkyKick with any passwords or other keys required for Customer to grant the access set forth herein. Customer represents and warrants that it has obtained and will obtain all required consents and authorizations from Users, and has taken and will take all other steps, necessary to ensure that SkyKick’s provision of the Services complies with applicable law, including obtaining an applicable consent and authorization from Users permitting SkyKick to access and use Users’ email and system credentials. Customer will provide SkyKick and, if applicable, the SkyKick Partner with any other additional information as necessary to enable SkyKick to perform the Services, including the number of Users included in the Services, the date on which Customer requires the performance of and access to the Services, and any other instructions or requirements pertinent to Customer’s access to and use of the Services. Customer is responsible for providing complete and accurate information to SkyKick and any applicable SkyKick Partner. In order to use the Services, Customer’s computer hardware, software and internet connectivity must meet certain minimum requirements as may be specified in the Documentation provided from time to time. SkyKick bears no liability or responsibility if Customer cannot access or receive the Services due to a failure to meet such minimum requirements.

2.3 Purchases through a SkyKick Partner. Customer must purchase access to and use of the SkyKick Platform through a SkyKick Partner pursuant to a Partner Contract. SkyKick’s provision of the Services to Customer is contingent upon SkyKick’s receipt of Customer’s consent to this Agreement regardless of whether Customer has entered into any Partner Contract. SkyKick shall have no obligation to provide Services to Customer until SkyKick obtains Customer’s consent to this Agreement.

2.4 Agreement to Microsoft Terms. IF THE SERVICES ARE INTENDED FOR USE IN CONNECTION WITH PROVIDER OFFERINGS PROVIDED BY MICROSOFT CORPORATION (“MICROSOFT”), CUSTOMER UNDERSTANDS AND AGREES THAT AS PART OF THE SERVICES PROVIDED HEREUNDER, SKYKICK MAY REGISTER CUSTOMER FOR USE OF CERTAIN CLOUD COMPUTING SERVICES OFFERED BY MICROSOFT, AND THAT AS A CONDITION TO CUSTOMER’ S RECEIPT OF SERVICES HEREUNDER, AND BY AGREEING TO THE TERMS OF THIS AGREEMENT, CUSTOMER HEREBY (A) AGREES TO THE TERMS OF THE APPLICABLE MICROSOFT ONLINE SUBSCRIPTION AGREEMENT FOR MICROSOFT Microsoft 365 AND (B) AUTHORIZES SKYKICK TO REGISTER CUSTOMER FOR SUCH SERVICES ON CUSTOMER’S BEHALF (INCLUDING WITHOUT LIMITATION, IF CUSTOMER IS LOCATED IN THE EUROPEAN ECONOMIC AREA, TO NOT OPT-OUT OF MICROSOFT’S “STANDARD CONTRACTUAL CLAUSES”). CLIENT HEREBY CONSENTS TO BE BOUND BY ALL TERMS AND CONDITIONS OF SUCH SUBSCRIPTION AGREEMENT, INCLUDING ALL PAYMENT TERMS AND FEES APPLICABLE TO SUCH SUBSCRIPTION. FOR THE AVOIDANCE OF DOUBT, SUCH MICROSOFT ONLINE SUBSCRIPTION AGREEMENT FOR MICROSOFT Microsoft 365 SHALL CONSTITUTE A “PROVIDER AGREEMENT” AS DEFINED HEREUNDER. THE AUTHORIZATION SET FORTH IN THIS SECTION 2.4 SHALL BE VALID REGARDLESS OF WHETHER CUSTOMER HAS PURCHASED THE SERVICES DIRECTLY FROM SKYKICK OR THROUGH A SKYKICK PARTNER.

3. Customer Data, Data Protection, and Confidentiality.

3.1 Customer Data. As between SkyKick and Customer, Customer is the sole owner of the Customer Data; provided, however, that SkyKick may monitor, collect, use and store anonymous or aggregate information regarding use of the Services solely for SkyKick’s business purposes (including, but not limited to, enhancing the Services and creating new features and services). All Customer Data will be deemed Confidential Information of Customer subject to the terms of this Agreement. Customer hereby consents to SkyKick’s use of and access to the Customer Data to provide the Services to Customer. SkyKick may use or disclose Customer Data (a) to provide the Services (including, as applicable, to a SkyKick Partner or Provider), (b) as requested to fulfill obligations under this Agreement, or (c) to comply with any request of a governmental or regulatory body (including subpoenas or court orders). Customer acknowledges that it bears sole responsibility for adequate security, protection and backup of the Customer Data on any equipment and systems (including Provider systems) not owned or controlled by SkyKick.

3.2 Data Protection. For the purposes of the Services, SkyKick is a “processor”, as defined in the European Data Protection Directive (Directive 95/46/EC). SkyKick will only access, collect, use, store, disclose, delete, destroy, or otherwise process (“Process”) information directly relating to an identified natural person obtained pursuant to this Agreement (“Personal Data”) where Customer has consented to such Processing or where such Processing is required to provide the Services or is otherwise permitted or required under any applicable law, government order, or court request. SkyKick Processes Personal Data in countries around the world, including without limitation the United States. SkyKick will establish and maintain administrative, physical, technical and organizational safeguards to (a) avoid unauthorized or unlawful Processing of Personal Data and accidental loss, destruction of or damage to Personal Data; and (b) ensure the security of Personal Data. SkyKick will notify Customer if SkyKick becomes aware of the loss or compromise of, or damage to, any Personal Data which it is Processing as part of the Services. Customer will ensure that all individuals whose Personal Data is Processed by SkyKick have been notified of, SkyKick’s data processing pursuant to the Services and as detailed in this Agreement and the SkyKick Privacy Policy and that any Personal Data provided is accurate, complete, up to date, relevant and not misleading.

Where reasonably technically feasible, SkyKick will carry out any lawful request from Customers to access and to amend, transfer, or delete all or any part of the Personal Data and will cooperate with and assist Customers in permitting individuals to exercise their rights under applicable data protection law. SkyKick will permit Customer to take reasonable steps to monitor compliance by SkyKick with its obligations under this clause, including by inspecting SkyKick’s data processing facilities, procedures and documentation.

3.2 Confidentiality. Each Party will, during the Term of this Agreement and thereafter, maintain in confidence the Confidential Information of the other Party and will not use such Confidential Information except as expressly permitted herein. Each Party will use the same degree of care in protecting such Confidential Information as such Party uses to protect its own confidential information from unauthorized use or disclosure, but in no event less than reasonable care. Each Party will use such Confidential Information solely for the purpose of carrying out its respective obligations under this Agreement. In addition, each Party: (a) will not reproduce such Confidential Information, in any form, except as required to accomplish its obligations under this Agreement; and (b) will only disclose such Confidential Information to its employees, consultants and third-party service providers who have a need to know such Confidential Information in order to perform their duties relating to this Agreement and have been informed of the obligation to preserve the confidentiality of such information prior to receiving such information. Confidential Information will be the property of the disclosing Party during the Term of this Agreement and afterwards in perpetuity, subject only to the exceptions expressly stated in this Agreement.

3.3 Security. SkyKick has established, and will maintain during the Term, commercially reasonable administrative, physical and technical safeguards for the protection of the Customer Data.

4. Proprietary Rights. As between SkyKick and Customer, SkyKick or its licensors own and reserve all right, other than the limited rights explicitly granted to Customer under this Agreement, title, and interest in and to the SkyKick Platform, including without limitation any SkyKick proprietary software or technology utilized in the provision or use of the Services, and all Intellectual Property Rights therein. Customer acknowledges that (a) all right, title and interest in and to the Services, including the SkyKick Platform and Documentation provided in connection therewith, and all Intellectual Property Rights embodied therein or associated therewith, are and shall remain with SkyKick or its third party licensors; (b) no right or interest in the SkyKick Platform is conveyed other than the limited licenses granted herein; (c) the SkyKick Platform is protected by copyright and other intellectual property laws; and (d) the SkyKick Platform embodies valuable confidential and secret information of SkyKick or its licensors, the development of which required the expenditure of considerable time and money. Customer will not take or encourage any action during or after the Term of this Agreement that will in any way impair the rights of SkyKick in and to the SkyKick Platform, any proprietary software or technology of SkyKick, or any Intellectual Property Rights in and to any of the foregoing.

5. SkyKick Services.

5.1 Provision of Services. SkyKick will, subject to all other terms and conditions of this Agreement, use commercially reasonable efforts to provide the Services in material accordance with the applicable Documentation for such Services. Customer acknowledges that SkyKick provides the Services to Customer for Customer’s own business operations and not for re-sale or redistribution.

5.2 Access to and Use of the Software. During the Term of the Agreement, SkyKick grants to Customer a limited, nonexclusive, nontransferable right to permit and enable Users to access and use the SkyKick Platform solely in connection with the Services provided under the Agreement and to use the Documentation in connection with Customer’s exercise of such right. Except for the limited licenses granted hereunder, SkyKick reserves all rights not expressly granted and no such additional rights may be implied.

6. Customer’s Obligations and Acknowledgements.

6.1 Cooperation. Customer understands and agrees that Customer’s full, reasonable cooperation is required in order for SkyKick to properly, efficiently and effectively perform the Services hereunder. Customer agrees to comply with all of SkyKick’s and any applicable SkyKick Partner’s reasonable requests made in connection with the provision of Services to Customer hereunder. Customer understands and agrees that failure to so cooperate with SkyKick or an applicable SkyKick Partner could result in SkyKick’s inability to properly, efficiently and effectively perform the Services hereunder and shall be deemed a material breach of this Agreement by Customer hereunder. SkyKick’s provision of the Services is subject to (a) delays due to unanticipated Customer requests, complications with Customer’s systems, programs, accounts and data, and other unforeseen circumstances beyond the reasonable control of SkyKick, (b) Customer’s cooperation (including the cooperation of third parties under such Customer’s control) with SkyKick and applicable SkyKick Partners, as well as (c) Customer’s compliance with this Agreement. SkyKick shall have no liability whatsoever for any delays, deficiencies or failures that occur in the performance of Services as a result of Customer’s failure to so cooperate. Customer hereby consents to receive communications from SkyKick (via email or other means) regarding SkyKick’s performance of the Services.

6.2 Compliance with Provider Agreement and Partner Contract. Customer will comply with all terms and conditions set forth in each Provider Agreement and, to the extent applicable, the terms and conditions set forth in any Partner Contract. SkyKick will have no responsibility or liability for Customer’s breach of any Provider Agreement and/or Partner Contract. CUSTOMER ACKNOWLEDGE AND AGREES THAT IN THE PROVISION OF SERVICES TO CUSTOMER, SKYKICK MAY PROVIDE THE APPLICABLE PROVIDER WITH CUSTOMER DATA (INCLUDING PERSONALLY IDENTIFIABLE AND FINANCIAL INFORMATION, SUCH AS CREDIT CARD INFORMATION) IN ORDER TO REGISTER CUSTOMER FOR THE PROVIDER OFFERINGS, AND THAT SUCH PROVIDER SHALL HAVE THE RIGHT TO INVOICE CUSTOMER AND/OR AUTOMATICALLY CHARGE CUSTOMER’S CREDIT CARD PROVIDED TO SUCH PROVIDER FOR CUSTOMER’S USE OF THE PROVIDER OFFERINGS IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE PROVIDER AGREEMENT.

6.3 Compliance with Law. Customer will comply with all applicable laws, rules, regulations and orders relating to its performance and receipt of Services under this Agreement (including, without limitation (a) those concerning the exporting, importing and re-exporting of computer software and the protection of privacy and personal information (including, without limitation, the Australian Privacy Act 1988 (Cth), even if it is not an organisation bound by the Act), (b) laws and policies related to unsolicited, commercial e-mails (SPAM) or any illegal, objectionable or offensive activities, and (c) laws and policies applicable to Customer’s processing and storage of Customer Data in connection with Customer’s use of the Services).

6.4 Obligations Regarding Customer Data. Customer is solely responsible for, and will indemnify SkyKick against any Liabilities related to: (a) ensuring that the Customer Data complies with all applicable laws, rules, regulations, and policies; (b) any claims arising from or relating to the Customer Data; and (c) properly handling and processing notices sent to Customer by any person claiming that any Customer Data violates such person’s rights.

6.5 Changes to Services. SkyKick may introduce new Services and/or alter existing Services without prior notice to Customers, Users or others, including revising the user interface, features, and functionality of the Services as part of improvements or other necessary changes to the Services during the Term. SkyKick may also update or revise the Documentation during the Term. SkyKick will have the right, in its sole discretion, to discontinue some or all of the Services, or to change some or all of the Services, upon notification to Customer of any such discontinuation or change.

6.6 Use of the SkyKick Intellectual Property Rights. Customer will not, and will not encourage or permit any User or other Person to: (a) use the SkyKick Platform in any manner or for any purpose other than as expressly permitted by this Agreement; (b) access or use the SkyKick Platform in a way intended to avoid incurring fees to be paid to SkyKick pursuant to this Agreement; (c) access or use the SkyKick Platform in any way that violates this Agreement or any applicable laws, rules, or regulations; (d) modify, alter, tamper with, repair or otherwise create derivative works of any software, technology, content or any Intellectual Property Rights of SkyKick included in or used to provide the SkyKick Platform; or (e) reverse engineer, disassemble or decompile the SkyKick Platform or any software or technology of SkyKick included in or used to provide the Services, or (f) attempt to discover or recreate the SkyKick Platform or any software, technology or Intellectual Property Rights of SkyKick.

6.7 Third Party Products and Services. Except as otherwise expressly provided under this Agreement, Customer is solely responsible for obtaining and maintaining, at its sole cost and expense, hardware, equipment, third party software, and any warranties and support and maintenance services related to each of the foregoing, and all Internet browsers and connections required to access or use any of the Provider Offerings or the SkyKick Platform. Without limiting the foregoing, Customer must obtain and maintain, and pay all charges, taxes and other costs and fees related to, Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by Customer to access and use the SkyKick Platform.

6.8 Responsibility for Other Parties. Customer will be liable for any action that it permits, assists or facilitates any of its affiliates, officers, directors, employees, contractors, representatives, agents, Users, or other Person (each, a “Customer Party,” and collectively, “Customer Parties”) to take related to this Agreement, the Customer Data, the use of any Provider Offerings, or the use of the SkyKick Platform. Customer will ensure that all Customer Parties comply with Customer’s obligations under this Agreement.

6.9 Notification of Unauthorized Use. Customer will immediately notify SkyKick in writing of any unauthorized use of the SkyKick Platform or breach of this Agreement that comes to Customer’s attention. In the event of any unauthorized use by any third party that obtained access to the SkyKick Platform directly or indirectly through Customer, Customer will take all steps necessary to terminate such unauthorized use and will provide SkyKick such cooperation and assistance as requested by SkyKick in connection with SkyKick’ actions to stop or prevent unauthorized use of the SkyKick Platform.

6.10 Limited Use of the SkyKick Platform. Customer’s access to the SkyKick Platform shall be limited to the purpose of using and receiving the Services for Customer’s personal use (or the use of the entity that Customer’s represents). Customer may not access and use the SkyKick Platform for the purpose of developing (or intending to develop) a product or service that contains substantially similar capabilities or functionalities as, or that otherwise competes with the Software and Services.

6.11 Passwords. Customer is responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively, “Passwords”) that have been provided to Customer or that are generated in connection with Customer’s use of the SkyKick Platform. Customer will not disclose or make available Passwords other than to authorized Users, if applicable, and shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Passwords or the SkyKick Platform. Customer is fully responsible for all activities that occur in connection with the Passwords.

6.12 Downtime. SkyKick may suspend or limit access to the SkyKick Platform for the duration of any scheduled or unscheduled downtime or unavailability of any portion or all of the SkyKick Platform for any reason, including as a result of power outages, system failures, maintenance, upgrades or other interruptions.

6.13 Suspension, Limitation or Termination. SkyKick may, without liability to Customer, immediately suspend, terminate or limit access to the SkyKick Platform at any time in the event (a) SkyKick determines that the SkyKick Platform is being used in violation of applicable federal, state or local law or ordinance, this Agreement, or any agreement or policy applicable to the SkyKick Platform; (b) SkyKick determines that the SkyKick Platform is being used in an unauthorized or fraudulent manner or that Customer has submitted fraudulent or inaccurate information to SkyKick, a Provider or a SkyKick Partner; (c) SkyKick determines that Customer’s use of the SkyKick Platform adversely affects SkyKick’s equipment or service to others; (d) SkyKick is prohibited by an order of a court or other governmental agency from providing the Services; (e) of a denial of service attack or any other event which SkyKick determines, in its sole discretion, may create a risk to the Services or to any other customers if the Services were not suspended; (f) of a security incident or other disaster that impacts the Services or the security of Customer Data; or (g) a SkyKick Partner’s failure to pay SkyKick any Fees applicable to Customer’s use of the SkyKick Platform. SkyKick shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of Customer’s use of the Services in accordance with this Section 6.13.

6.14 Postings Regarding the Services. Customer grants SkyKick perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable permission to use, edit, reproduce, distribute, display, and publish at any time, in whole or in part and in any media, and at SkyKick’s discretion (including, without limitation, publication on the Internet) any comments, reviews, or other postings made by Customer regarding SkyKick or the Services, whether to SkyKick directly, on any third party websites, or otherwise (“Postings”). Customer acknowledges and agrees that Postings may include, but are not limited to, Customer’s username, statements, and employer name, and agrees to provide additional appropriate testimonial affidavits and supporting information and documentation at SkyKick’s request. Customer represents and warrants such Postings reflect Customer’s honest beliefs and real experience in connection with SkyKick or the Services, are made voluntarily, and are provided without compensation to Customer. Customer waives, releases, and discharges SkyKick and its employees, officers, affiliates, licensees, successors, assigns, agents, customers, and suppliers from any and all claims Customer may now or later have (whether related to copyright, right of privacy, right of publicity, performer rights, tort, contract, statute or otherwise) by reason of any use, edit, reproduction, distribution, display, or publication of the Postings by SkyKick or by any third party authorized to do so by SkyKick. Customer will not to assert (a) any ownership or other right or interest in the Postings or (b) any claim for compensation related to the Postings or the use, reproduction, distribution, or publication thereof. Customer may withdraw Customer’s permission to SkyKick to use, edit, reproduce, distribute, display, or publish Postings at any time by contacting SkyKick at support@skykick.com, provided that such withdrawal shall only apply to Postings which SkyKick can easily remove from the SkyKick Site or other websites, and shall not apply to any printed materials or publications in circulation or ordered for circulation at the time of such withdrawal.

7. Fees. All fees, costs and expenses due and payable by Customer for use or receipt of the Services (“Fees”) and corresponding payment terms and conditions are established between Customer and a SkyKick Partner as set forth in the applicable Partner Contract and are independent of any amounts due and owing from the SkyKick Partner to SkyKick with respect to such Services. SkyKick will not be responsible or liable to Customer for any disputes arising out of or related to the invoicing, billing, collection, payment or non-payment of any amounts paid or owed pursuant to a Partner Contract. Customer acknowledges that SkyKick may terminate this Agreement or suspend Services in the event that the applicable SkyKick Partner fails to pay SkyKick any amounts that are due and payable from the SkyKick Partner to SkyKick arising out of Customer’s use or receipt of the Services without regard to whether Customer has or has not paid the SkyKick Partner for such Services.

8. Representations and Warranties; Disclaimer.

8.1 Warranty. Each Party represents and warrants that: (a) it is validly existing and in good standing under the laws of its country or state of incorporation; (b) it has full corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) its execution and delivery of this Agreement and its performance of its obligations under this Agreement will not result in its breach of or default under any agreement or arrangement by which it is bound; (d) the person entering into this Agreement on its behalf has been duly authorized and empowered to enter into this Agreement; and (e) this Agreement is valid, binding and enforceable against it in accordance with its terms.

8.2 Disclaimers. EXCEPT AS REQUIRED OF SKYKICK UNDER THE CONSUMER GUARANTEES (AS TO WHICH SEE SECTION 8.3 BELOW), SECTION 8.1 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SKYKICK PLATFORM IS PROVIDED “AS IS.” , SKYKICK AND ITS AFFILIATES MAKE NO (AND HEREBY DISCLAIM ALL) WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING, WITH RESPECT TO THE SKYKICK PLATFORM, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) ANY WARRANTY THAT THE SKYKICK PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CUSTOMER DATA WILL NOT BE LOST OR DAMAGED, AND (D) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

8.3 Consumer Guarantees. The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) may require that certain guarantees must be given by SkyKick to Customer in relation to the supply by SkyKick of goods or services to Customer (Consumer Guarantees).

8.4 Contracting out: If this Agreement is subject to New Zealand law, then the Customer agrees that the Services are supplied by SkyKick and acquired by the Customer in trade in terms of sections 2 and 43 of the New Zealand Consumer Guarantees Act 1993 and that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply to the Customer. The Customer agrees and acknowledges that it is fair and reasonable, in all circumstances, for the Customer to be bound by the terms set out in this Section 8.4.

9. Limitation of Liability. EXCEPT TO THE EXTENT SKYKICK'S LIABILITY ARISES FROM SKYKICK'S FAILURE TO COMPLY WITH THE CONSUMER GUARANTEES (AS TO WHICH, SEE SECTION 8.3 ABOVE), AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SKYKICK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCTS, SERVICES OR SOFTWARE PROVIDED BY SKYKICK, INCLUDING THE SKYKICK PLATFORM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SKYKICK HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER SKYKICK NOR ANY OF ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) CUSTOMER’S INABILITY TO USE THE SERVICES AS A RESULT OF (I) THE TERMINATION OR SUSPENSION OF A PROVIDER AGREEMENT OR PARTNER AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO ANY PROVIDER OFFERINGS, OR (II) ANY DOWNTIME OF ALL OR A PORTION OF THE SKYKICK PLATFORM OR PROVIDER OFFERINGS FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SKYKICK PLATFORM; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE OR LOSS OF ANY CUSTOMER DATA OR OTHER DATA; OR (E) CUSTOMER’S RECEIPT OF SERVICES UNDER ANY PROVIDER AGREEMENT OR PARTNER AGREEMENT. IN ANY CASE, SKYKICK AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO SKYKICK OR TO AN APPLICABLE SKYKICK PARTNER FOR THE PERFORMANCE BY SKYKICK OF THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification.

10.1 General. In addition to all other indemnification obligations set forth in other sections of this Agreement, Customer, at its sole expense, will defend, indemnify and hold harmless SkyKick and its directors, officers, employees, contractors, agents, successors and assigns (collectively, the “SkyKick Indemnitees”) from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) (collectively, “Liabilities”) resulting from any claim (including third party claims), suit, action, or proceeding against any SkyKick Indemnitee, whether successful or not, resulting from or arising in connection with: (a) Customer’s use of the SkyKick Platform; (b) any breach of a Provider Agreement, Partner Contract or other agreement to which Customer or a Customer Party is subject; (c) a Customer Party’s use of the Customer Data, any Provider Offerings, or the SkyKick Platform; (d) any breach of this Agreement or violation of applicable law by Customer or any Customer Party; (e) the Customer Data (including the creation, use, distribution, development, disclosure, design, operation, production, advertising or marketing of the Customer Data) or the combination of the Customer Data with other applications, content or processes, including any claim that any Customer Data infringes, misappropriates or otherwise violates the rights of any third party; (f) a dispute or claim arising out of or related to a Provider Agreement, Partner Contract or Customer’s use of any Provider Offering; (g) the negligence or willful misconduct of Customer or any Customer Party; or (e) Customer’s failure to obtain any required consents or authorizations from Users as described in Section 2.2 of this Agreement.

10.2 Process. SkyKick will reasonably notify Customer of any claim subject to the indemnification obligations set forth in this Agreement, but the failure of SkyKick to so notify Customer will only affect Customers’ indemnification obligations hereunder to the extent that such failure materially prejudices Customer’s ability to defend the subject claim. Provided that Customer promptly investigates and defends any such claim, Customer will have control over the defense and settlement thereof at its sole cost and expense. Notwithstanding the foregoing, Customer will not settle or compromise any claim in a manner that does not fully release SkyKick from such claim or results in a restriction on or admission by SkyKick or subjects SkyKick to any additional obligations. In the event that SkyKick determines, in its sole discretion, that Customer has failed to promptly investigate or rigorously defend any claim for which Customer has an obligation to indemnify, SkyKick will have the right to defend and settle such claim at Customer’s cost and expense.

11. Term; Termination; Effect of Termination.

11.1 Term. This Agreement will commence on the Effective Date and continue in effect as set forth in the applicable Order Form or an applicable Partner Contract (the “Term”).

11.2 Termination. Either Party may terminate this Agreement for any or no reason upon written notice to the other Party. In the event of termination under this Section 11.2 by SkyKick for any reason other than for Customer’s material breach of this Agreement, SkyKick will (a) perform all Services (other than subscription-based Services) under Order Forms received and accepted prior to such termination date; and (b) perform all subscription-based Services under Order Forms received and accepted prior to such termination date for the duration of the then-current subscription term set forth in the applicable Order Form (without renewal) or a period of ninety (90) days (whichever is shorter). Without limiting the foregoing, removal of SkyKick as Customer’s partner of record with respect to a Provider Offering or any failure by Customer to timely pay the Fees will constitute a material breach of this Agreement.

11.3 Effect of Termination. Upon any expiration or termination of this Agreement for any reason, (a) any and all liabilities accrued prior to the date of such expiration or termination will survive (including the payment of Fees for Services performed), (b) each Party will promptly provide the other Party with all Confidential Information then in its possession or destroy all copies of such Confidential Information, at the disclosing Party’s sole discretion and direction, and (c) Customer will promptly discontinue use of the SkyKick Platform. The following sections will survive any expiration or termination of this Agreement: Sections 1, 3, 4, 7, 8, 9, 10, 11.3, and 12.

12. General Provisions.

12.1 Entire Agreement. This Agreement, the Order Form or any other terms and conditions referenced in these this Agreement (collectively, “Additional Policies”) are the entire agreement of the Parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof.

12.2 Governing Law; Venue; Dispute Resolution. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. The Parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Seattle, Washington, and the Parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

12.3 Assignment. Neither this Agreement nor any right or duty under this Agreement may be transferred, assigned or delegated by Customer, by operation of law or otherwise, without the prior written consent of SkyKick, and any attempted transfer, assignment or delegation without such consent will be void and without effect. SkyKick may freely assign this Agreement and any right or duty under this Agreement to an affiliate or other Person including by operation of law, change of control, merger, reorganization, or sale of stock or all or substantially all of its assets. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the Parties and their respective representatives, heirs, administrators, successors and permitted assigns.

12.4 Relationship of the Parties. Neither Party will, for any purpose, be deemed to be an employee, representative, owner or partner of the other Party; and, the relationship between the Parties will only be that of independent contractors. Neither Party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.

12.5 References. Neither Party may disclose the specific terms of this Agreement or issue a public statement or press release regarding this Agreement without the prior consent of the other Party. Notwithstanding the foregoing, SkyKick may, during the Term of this Agreement, identify Customer as a customer or user of the Services and display Customer’s logo and/or other branding materials on SkyKick’ website and other marketing materials.

12.6 Nonwaiver. The failure of either Party to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

12.7 Severability. If any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner adverse to any Party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the Parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

12.8 Notice. Any notice, demand or communication required or permitted to be given by any provision of this Agreement will be deemed to have been sufficiently given or served for all purposes if: (a) delivered personally; (b) deposited with a pre-paid messenger, express or air courier or similar courier; or (c) transmitted by telecopier, facsimile, email or other communication equipment that transmits a facsimile of the notice to like equipment that receives and reproduces such notice. Notices will be addressed to a Party at the Party’s address, facsimile number or email address as set forth in an applicable Order Form. Notices will be deemed to have been received (i) in the case of personal delivery, upon receipt, (ii) in the case of messenger, express or air courier or similar courier, two days after being deposited, and (iii) in the case of telecopier, facsimile, email or other communication equipment, the day of receipt as evidenced by a telecopier, facsimile, email or similar communication equipment confirmation statement. Further, either Party may change its contact information by notice in accordance with this Section.

12.9 Force Majeure. In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affect Party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence; provided, that the affected Party: (a) provides the other Party prompt notice of the nature and expected duration of the event, (b) uses commercially reasonable efforts to address and mitigate the cause and effect of such event, (c) provides periodic notice of relevant developments, and (d) provides prompt notice of the end of such event.

12.10 Modifications to the Terms and Conditions. SkyKick may modify the terms and conditions of this Agreement or any Additional Policies at any time by posting a revised version of these Terms and Conditions and the Additional Policies on the SkyKick Site. Unless otherwise set forth in this Agreement, the revised terms shall be effective upon the earlier of (a) ten (10) days after posting and/or notifying Customer of the changes; or (b) upon Customer’s acceptance if SkyKick provides a mechanism for the acceptance of the revised terms, such as a click-through confirmation or acceptance button. By continuing to use or receive the Services after the effective date of any revisions to these Terms and Conditions or any Additional Policies, Customer agrees to be bound by the revised Terms and Conditions or any revised Additional Policies. It is Customer’s responsibility to check the SkyKick Site regularly for changes to these Terms and Conditions or the Additional Policies, as applicable. If Customer disagrees with such modifications, Customer’s sole and exclusive remedy shall be to terminate this Agreement in accordance with Section 11 herein.

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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 Domains Inc., and "Services" refers to the domain name registration services provided by us as offered through Mycloud.ma, the Registration Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD"). This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, 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.
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.
4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. 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.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
7. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, 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.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
15. 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 and specifying the amount of time you have 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, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will 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 also may be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain transferred to a third party.
    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.
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 fifteen (15) 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.
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: (a) your name, postal address, e-mail address, and voice and fax (if available) telephone numbers; (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the 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. 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. (c) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. (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.
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.
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.
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.
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.
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 Domains Inc. 
    Registrant Affairs Office 
    96 Mowat Avenue 
    Toronto, Ontario M6K 3M1 
    CANADA 
    Attention: Legal Affairs 
    and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your Whois record.
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.
26. NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create any obligation by either Tucows or Registrant to any non-party to this Agreement. Enforcement of this Agreement, included any provisions incorporated by reference, is a matter solely for the parties to this Agreement.
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. 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.
30. 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.opensrs.com/privacy
31. 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.
32. TLD’S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
1. .com/net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
1. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
2. 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.
2. .org Domains: In the case of a ".org" registration, the following terms and conditions will apply:
1. 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;
2. 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.
3. .info Domains: In the case of a ".info" registration, the following terms and conditions will apply:
1. Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;
2. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
3. 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;

1. .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply:
1. .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
   For more information on the .biz restrictions, which are incorporated herein by reference, please see:http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
2. Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the authority to enter into this Registration Agreement; and (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
3. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name; (B) your postal address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if applicable); (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and (J) any remark concerning the domain name that should appear in the Whois directory. (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
4. Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy"), available at: http://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the "Dispute Policies").
5. The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
6. 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.
7. 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.
2. .name Domains. In the case of a ".name" registration, the following terms and conditions will apply:
1. .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.
2. .name Representations. As a .name domain name registrant, you hereby represent that: (A) the registered domain name or second level domain ("SLD") e-mail address is your Personal Name. (B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete, (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and (F) you have the authority to enter into this Registration Agreement.
3. 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. Without prejudice to the foregoing, you undertake not to use e-mail forwarding: (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or (D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
4. 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.
5. 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.
6. 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.
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 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 (C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm
8. 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.
9. 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.
10. 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.
11. 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.
3. .at Domains. In the case of a ".at" registration, the following terms and conditions will apply:
1. 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.
4. .be Domains. In the case of a ".be" registration, the following terms and conditions will apply:
1. 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=121.
   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.
2. 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 athttp://www.dns.be/en/home.php?n=53.
5. .ca Domains. In the case of a ".ca" registration, the following terms and conditions will apply:
1. 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 athttp://cira.ca/assets/Documents/CDRPpolicy.pdf. Please take the time to familiarize yourself with this policy.
2. Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
3. Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
4. 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 athttp://cira.ca/assets/Documents/Legal/Registrars/registraragreement.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
5. 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, its failure or refusal to renew a domain name registration, its registration of a domain name, its failure or refusal to renew a domain name registration, its renewal of a domain name registration, its failure or refusal to transfer a domain name registration, its transfer of a domain name registration, its failure or refusal to maintain or modify a domain name registration, its maintenance of a domain name registration, its modification of a domain name registration, its failure to cancel a domain name registration or its cancellation of a domain name registration from the Registry;
6. .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
1. 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 athttp://www.verisign.com/information-services/naming-services/cctlds/page_042130.html. Please take the time to familiarize yourself with this policy.
2. 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.verisign.com/information-services/naming-services/cctlds/page_042130.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 policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
7. .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply:
1. 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.
2. 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 athttp://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
8. .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
1. "Registry" means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People’s Republic of China and the Chinese domain name system;
2. "Registry Gateway" means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People’s Republic of China;
3. "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.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 athttp://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
   You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.
7. 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.
8. 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.
9. 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.
1. .de Domains. In the case of a ".de" registration, the following terms and conditions will apply:
1. 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 same; (B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany; (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
2. Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
3. Registry Policies. You agree to be bound by the Registry’s Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry’s documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at: English: (A) Registration Terms and Conditions http://www.denic.de/en/bedingungen.html; (B) Registration Guidelineshttp://www.denic.de/en/richtlinien.html; German: (C) DENIC-Registrierungsbedingungenhttp://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinienhttp://www.denic.de/de/richtlinien.html
2. .eu domains. In the case of a ".eu" registration, the following terms and conditions will apply:
1. Eligibility Criteria. .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) an undertaking having its registered office, central administration or principal place of business within the European Community; (B) an organization established within the European Community without prejudice to the application of national law, or (C) a natural person resident within the European Community.
2. 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. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/files/trm_con_EN.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
3. Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law.
3. .fr Domains. In the case of a ".fr" registration, the following terms and conditions will apply:
1. Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) A legal entity: (I) whose head office is in France; (or), (II) which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or), (III) State institutions or departments, local authorities or associated establishments, (or), (IV) which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.
2. Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.
3. Registry Policies. You agree to be bound by the Registry’s Naming Charter, its registration rules for .fr. English language translations of the Registry’s documents are provided for convenience. The Registry documents may be found at: http://www.afnic.fr/obtenir/chartes/nommage-fr.
4. Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
4. .it Domains. In the case of a ".it" registration, the following terms and conditions shall apply:
1. Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.

1. 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. Additional policies, including transfer procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.
1. .nl Domains. In the case of a ".nl" registration, the following terms and conditions shall apply:
1. Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.
2. Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry’s Registration Regulations. English language translations of the Registry’s documents are provided for convenience and may be found at: https://www.sidn.nl/fileadmin/docs/PDF-files_UK/General%20Terms%20and%20Conditions%20for%20.nl%20Registrants.pdf.
   You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at https://www.sidn.nl/en/about-nl/disputes-and-complaints/.
   You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
2. .tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply:
1. 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 athttp://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
2. Policy. You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found athttp://www.verisign.com/information-services/naming-services/cctlds/index.html" and expressly agree to the terms outlined therein.
3. .uk Domains. In the case of a .uk registration, the following terms and conditions will apply:
1. "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
2. 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.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy.
   Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at:http://www.nominet.org.uk/disputes/terms/
   When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts - one contract with Tucows and/or Reseller and one contract with Nominet UK.
   Tucows and your Reseller will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found at http://www.nominet.org.uk/nominet-terms. Tucows and Reseller must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s Whois look-up service.
3. Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
4. .us Domains. In the case of a ".us" registration, the following terms and conditions will apply:
1. "DOC" means the United States of America Department of Commerce.
2. ".us Nexus Requirement". Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at:http://www.neustar.us/content/download/2659/32865/ustld_nexus_requirements.pdf.
3. Selection of a Domain Name. You certify and represent that: (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove; (B) The listed name servers are located within the United States; (C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (D) To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (F) You have the authority to enter into this Registration Agreement.
4. Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
5. 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 Nexus Dispute Policy ("Dispute Policy"), available at: http://www.neustar.us/content/download/2666/32893/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements. (B) The usTLD Dispute Resolution Policy ("usDRP") available at:http://www.neustar.us/content/download/2665/32889/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement. (C) In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.
6. Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator’s policies can be found at http://www.neustar.us/policies.
7. Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
8. Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder); (B) The domain name being registered; (C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name; (D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
9. In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out athttp://www.neustar.us/content/download/2659/32865/ustld_nexus_requirements.pdf. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.
10. Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws.
    You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
    You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.
    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.
5. .asia Domains. In the case of a .asia registration, the following terms apply:
1. The Registered Name Holder/Registrant consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.
2. The Registered Name Holder/Registrant agrees to correct and update the registration information for the Registered Name immediately during the registration term for the Registered Name.
3. In addition to the complying with the Registrar’s policies, the Registered Name Holder/Registrant* agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
4. The Registered Name Holder/Registrant agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (".ASIA Registry Policies"). The Registered Name Holder/Registrant acknowledges that .ASIA Registry Policies are applicable to all registrars and/or registered name holders/registrants. Any changes of the .ASIA Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar. The Registered Name Holder/Registrant further agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
5. The Registered Name Holder/Registrant agrees to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy ("CEDRP"). The Registered Name Holder/Registrant agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
6. The Registered Name Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant* acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant’s* legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder/Registrant acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
7. The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
8. The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
9. Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to Tucows being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.
10. The Registered Name Holder/Registrant acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
11. 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.
6. .li Domains. In the case of a .li registration, the following terms and conditions shall apply:
1. 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.
2. 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.
7. .me Domains. In the case of a .me registration, the following terms and conditions shall apply:

1. registration by following the appropriate Registry policy regarding such cancellation.
2. 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 .me 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 athttp://www.nic.me/policies. Please take the time to familiarize yourself with this policy.
1. .tel Domains. In the case of a .tel registration, the following terms and conditions shall apply:
1. 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://telnic.com/downloads/AUP.pdf. 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.
2. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
3. 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.
2. .mobi Domains. In the case of a .mobi registration, the following terms and conditions shall apply:
1. 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://dotmobi.com/. 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.
2. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
3. 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.
3. .in Domains. In the case of a ".in" registration, the following terms and conditions shall apply:
1. 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.registry.in/policies. 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.
4. .bz Domains. In the case of a ".bz" registration, the following terms and conditions shall apply:
1. 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.afilias-grs.info/bz-belize. 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.
5. .ws Domains. In the case of a ".ws" registration, the following terms and conditions shall apply:
1. 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.worldsite.ws/legal/index.dhtml?url=worldsite.ws. 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.
6. .co and .com.co, .net.co, .nom.co Domains. In the case of a ".com.co" or ".net.co" or ".nom.co" registration, the following terms and conditions shall apply:
1. 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.cointernet.co/domain/policies-procedures. 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.
7. .com.au, .net.au, .org.au, .asn.au, .id.au Domains. In the case of a .com.au, .net.au, .org.au, .asn.au, .id.au registration, the following terms and conditions shall apply:
1. auDA AND REGISTRAR’S AGENCY: (1) In this agreement, auDA means .au Domain Administration Limited ACN079 009 340, the .au domain names administrator.
2. The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
3. auDA PUBLISHED POLICY: (1) In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au/ (2) Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
4. Registrant acknowledges that under the auDA Published Policies: (1) there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and (2) Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and (3) auDA may delete or cancel the registration of a .au domain name.
5. auDA’S LIABILITIES AND INDEMNITY: (1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors. (2) Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name. (3) Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
8. .xxx Domains.In the case of a ..xxx. registration, the following terms and conditions shall apply:
1. 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://icmregistry.com/policies/registry-registrant-agreement/ 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.
2. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
3. 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.
9. .pro Domains.In the case of a ..pro. registration, the following terms and conditions shall apply:
1. 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.registry.pro/legal/user-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.
2. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (.UDRP.) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
3. 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.
10. Additional ccTLD Policies. Additional registry policies may apply for ccTLDs. 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 referenced at http://www.tucowsdomains.com/domaininfo/cctld-registry-policies
1. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
1. Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry:
1. Contact Privacy Inc. Customer ####, where #### is an individual customer identification number which is unique per domain name, shall appear as the Registrant and Contacts name(s);
2. Tucows’ postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);
3. The primary and secondary nameservers shall be those designated by the Registrant;
4. The original date of registration and the expiration of each domain name;
5. Tucows will be identified as the registrar of record.
2. You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.
3. You will will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.
4. The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the transfer.
5. We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
6. Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion. (ii) Email correspondence will be forwarded, only if submitted via the contactprivacy.com website, to the address as it appears in Tucows records. (iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.
7. Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon Tucows; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.
8. You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.
2. Expired Registration Recovery Policy
1. Domain expiration notices for gTLDs, will be sent out 30 days and 5 days prior to your domain expiration date and 3 days after your domain expires.
2. The following renewal, post-expiration renewal fees and redemption fees apply each of these gTLDs:

		RENEWAL	POST-EXPIRATION RENEWAL	REDEMPTION FEE
gTLD:	.biz	$20.00/year	$20.00/year	$80.00
gTLD:	.com	$12.00/year	$12.00/year	$80.00
gTLD:	.info	$20.00/year	$20.00/year	$80.00
gTLD:	.mobi	$20.00/year	$20.00/year	$80.00
gTLD:	.net	$12.00/year	$12.00/year	$80.00
gTLD:	.org	$12.00/year	$12.00/year	$80.00




		RENEWAL	POST-EXPIRATION RENEWAL	REDEMPTION FEE
ccTLD:	.at	$20.00/year	$20.00/year	$15.00
ccTLD:	.be	$12.00/year	$12.00/year	$87.00
ccTLD:	.bz	$32.00/year	$32.00/year	$100.00
ccTLD:	.cc	$32.00/year	$32.00/year	$110.00
ccTLD:	.ch	$20.00/year	$20.00/year	$100.00
ccTLD:	.co	$32.00/year	$32.00/year	$105.00
ccTLD:	.co.uk	$12.00 year	$12.00/year	N/A
ccTLD:	.com.mx	$32.00/year	$32.00/year	$90.00
ccTLD:	.dk	$20.00/year	$20.00/year	$95.00
ccTLD:	.es	$12.00/year	$12.00/year	$90.00
ccTLD:	.in	$20.00/year	$20.00/year	$91.00
ccTLD:	.li	$20.00/year	$20.00/year	$100.00
ccTLD:	.me	$32.00/year	$32.00/year	$100.00
ccTLD:	.mx	$40.00/year	$40.00/year	$120.00
ccTLD:	.nl	$12.00/year	$12.00/year	$88.00
ccTLD:	.org.uk	$12.00/year	$12.00/year	N/A
ccTLD:	.tv	$40.00/year	$40.00/year	$115.00
ccTLD:	.ws	$32.00/year	$32.00/year	$100.00




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.

Les conditions additionnelles suivantes s'appliquent aux services fournis par Acronis (le « Vendeur ») que vous avez achetés :

1. Durée et résiliation

Les services commencent dès leur activation sur la plateforme Marketplace. Vous pouvez annuler les services à partir de la plateforme Marketplace pour autant qu'aucun engagement de services ne soit actif en vertu des présentes (c.-à-d. que ni vous, ni aucun de vos utilisateurs n'utilisez de services actifs). Le service ne pourra être résilié qu'en l'absence de toute période d'engagement pour ledit service. Si vous ou un utilisateur mettez fin à l'utilisation d'un service avant l'échéance de la période d'engagement du service choisi, vous demeurerez responsable envers Ingram Micro des frais restants et encourus pour ledit service conformément à la période d'engagement choisie. Les services offerts sont assortis d'une période d'engagement d'un (1) mois ou d'un (1) an comme indiqué par votre commande. Les services seront automatiquement renouvelés pour une période supplémentaire d'un (1) mois ou d'un (1) an, le cas échéant, à moins qu'ils n'aient été annulés avant la fin de la période alors en cours.

2. Frais

Vous consentez à payer les taxes et redevances pour les services comme énoncées lors du processus d'enregistrement sur le site et pouvant être modifiées à tout moment et sans préavis. Si la période d'inscription est prolongée ou si une mise à niveau est achetée, le prix alors en cours s'applique, à moins que les parties n'en aient convenu autrement par écrit. Ingram Micro peut, à tout moment et sans préavis, à sa seule et entière discrétion, modifier les frais qu'elle exige pour le service. Toute augmentation des frais entrera en vigueur au début de la période d'inscription suivante de l'utilisateur. Ingram Micro vous avisera de tout changement en mettant son site à jour ou par tout moyen admis par les usages du commerce.

3. Conditions de ventes et d'utilisation des services

Tous les services sont assujettis aux conditions de vente prévues disponible sur notre site https://fr.cloud.im/legal/ et aux informations de configuration du service, incluant, sans toutefois s'y limiter, à la tarification prévue par la plateforme Marketplace, le cas échéant. Afin d'éviter toute ambiguïté, nonobstant l'existence ou l'acceptation par Ingram Micro de votre commande, et aux fins administratives seulement, il est entendu entre les parties, que les conditions sont conformes au document disponible sur notre site https://fr.cloud.im/legal/ à moins qu'il n'en ait été convenu autrement par écrit entre Ingram Micro et vous.

Toutes les conditions d'utilisation du service telles qu'établies par le Vendeur disponibles sur le site http://www.acronis.com/en-us/legal.html et http://www.acronis.com/en-us/support/documentation/ s'appliquent à vos activités de revente et à vos clients-utilisateurs, incluant, sans toutefois s'y limiter, vos indemnités de vendeur établies sur la base de vos actes d'omissions, incluant les indemnités du vendeur pour toute revendication pour violation de propriété intellectuelle issue de la combinaison de votre propriété intellectuelle ou celle d'un utilisateur avec votre propriété intellectuelle ou celle d'une tierce partie. Le revendeur accepte de fournir les conditions d'utilisation à chaque utilisateur et d'obtenir son consentement.

La présente politique d'utilisation acceptable (la « PUA ») du Service SMSConnect de CASANET décrit les utilisations prohibées du service SMSConnect de CASANET. Les conditions générales du service (les « Conditions ») régissent les relations d'ordre général entre vous et CASANET.

Les dispositions prévues par la PUA constituent les conditions de votre utilisation en matière de comportement et de conduite acceptables liés à l'utilisation que vous ferez du Service SMSConnect. CES DISPOSITIONS N'ONT PAS UN CARACTÈRE EXHAUSTIF. De manière générale, toute conduite contraire à toute loi, toute réglementation ou toute norme généralement acceptée par la communauté Internet/Operateur, qu'elle soit ou non mentionnée expressément dans la PUA, est interdite. SMSConnect se réserve le droit exclusif, en tout temps et à sa seule et entière discrétion, de vous interdire toute activité liée à votre utilisation des Services qui, de quelque manière que ce soit, nuirait ou pourrait raisonnablement nuire au Service SMSConnect de CASANET, à CASANET ou ses filiales, sa réputation commerciale ou son image ainsi qu’aux opérateurs télécoms.

Votre utilisation du Service SMSConnect de CASANET est assujettie à la version la plus récente de la PUA publiée sur le Site www.smsconnect.ma. Vous acceptez de vous conformer à cette PUA et à toutes les politiques concernant les utilisations permises et prohibées des lois en vigueur

CONFIDENTIALITE

Chaque Partie (Le client et CASANET) s'engage expressément à respecter et à faire respecter par leurs employés, préposés et ses sous-traitants et Prestataires le principe strict de secret des affaires concernant l'autre Partie et à ne pas divulguer à des tiers à titre onéreux ou gratuit ou sous quelque forme que ce soit, les informations concernant ladite Partie, sauf autorisation écrite et préalable désignant le ou les bénéficiaires de l'information ainsi que son contenu.

Chacune des Parties s'engage à se conformer strictement à cette obligation substantielle pendant toute la durée d’utilisation du Service SMSConnect.

Le caractère confidentiel ne s'applique pas aux informations connues de la Partie réceptrice préalablement à leur communication (à charge pour la Partie invoquant cette connaissance préalable d'en apporter la preuve), obtenues de tiers par des moyens légitimes et sans obligation de secret, à celles développées indépendamment ou encore à celles rendues publiques par la Partie qui les a communiquées.

Toutefois, chacune des Parties s'engage à respecter le secret des affaires de l'autre Partie même dans le cas où des informations couvertes par ce principe de secret deviendraient publiques.

Chacune des Parties s'engage à ne pas divulguer à des tiers les concepts, idées, savoir-faire et techniques relatifs au traitement de l'information révélés par l'une des Parties à l'autre à l'occasion de l'utilisation du Service SMSConnect.

Les documents échangés par les Parties sont considérés comme confidentiels. En conséquence, les Parties s'engagent à ne pas révéler la teneur de ces documents, sauf si la divulgation était exigée par la loi, les règlements, une décision judiciaire ou si cette divulgation était nécessaire pour permettre la mise en œuvre ou prouver l'existence de droits en vertu de ces documents.

PROTECTION DES DONNÉES À CARACTÈRE PERSONNEL (CNDP)

Une donnée à caractère personnel désigne toute information, de quelque nature qu’elle soit et indépendamment de son support, y compris le son et l’image, concernant une personne physique identifiée ou identifiable.

Est réputée indentifiable une personne qui peut être identifiée, directement ou indirectement, notamment par référence à un numéro d’identification ou à un ou plusieurs éléments spécifiques de son identité physique, physiologique, génétique, psychique, économique, culturelle ou sociale.

Les données sont considérées comme à caractère personnel dès lors qu’elles permettent d’identifier directement ou indirectement des personnes physiques.

CASANET s’interdit formellement de divulguer toute donnée à caractère personnel, qu’il aurait été amené à connaître lors de la réalisation des prestations.

CASANET est tenue par la protection de toute donnée identifiante ou rendant identifiable le Client.

CASANET est tenue par une obligation de confidentialité par rapport au traitement desdites données à caractère personnel.

CASANET s’engage à utiliser et traiter les données des clients, qui lui sont transmises, conformément aux dispositions légales en vigueur, notamment celles de la loi n°09-08 relative à la protection des personnes physiques à l’égard des traitements de données à caractère personnel.

CASANET doit à cet effet requérir auprès de la commission nationale des données personnelles (CNDP) les déclarations ou autorisation nécessaires concernant le traitement des données qu’il réalise pour le client au titre du présent contrat.

ENGAGEMENTS DU CLIENT PAR RAPPORT AU SERVICE SMSCONNECT

Le Client s’engage à :

- Respecter

o La législation relative à la protection des personnes physiques à l’égard des traitements des données à caractère personnel notamment les dispositions de la loi n°09-08 ;
o Les dispositions de la loi n°31-08 édictant des mesures de protection des consommateurs ;
o Plus généralement, les lois et règlements en vigueur quant à la diffusion et au contenu des messages.

- Utiliser la plateforme SMS de CASANET conformément à l’usage auquel il est destiné. A cet égard le Client est responsable de l’usage du service et des conséquences inhérentes à une utilisation illicite, abusive ou non conforme à la législation en vigueur ;

- Ne pas nuire à l’image de marque de CASANET ou des opérateurs nationaux ou à leurs intérêts par le contenu des messages courts écrits SMS émis ni par ses agissements ni par le contenu des SMS envoyés ;

- Mentionner systématiquement, dans le corps du SMS, la dénomination commerciale du Client ou l’identifiant utilisateur ;

- S’interdire de permettre l'envoi par le Client des SMS interpersonnels ;

- S’interdire l’envoi de SMS aux GSM destinataires n'ayant pas autorisé le Client, directement et/ou indirectement via les entreprises tierces, pour la réception des messages courts écrits SMS quelles que soient la forme et le support de l’autorisation ;

- Prendre toutes les mesures visant à assurer la protection et la confidentialité des données nominatives qu’il détient ou qu’il traite dans le strict respect de la loi 09-08 précitée, notamment l’indication dans tous SMS de prospection commerciale du moyen mis à disposition du propriétaire du GSM pour exercer son droit d’opposition le cas échéant ;

- Faire son affaire personnelle des formalités et démarches à entreprendre auprès de tout organisme ou autorité pour l’usage du service objet du présent contrat notamment auprès de la Commission Nationale de contrôle de la Protection des Données à caractère Personnel (CNDP).

RESPONSABILITÉ DU CLIENT PAR RAPPORT À L’UTILISATION DU SERVICE SMSCONNECT

Le Client demeure seul responsable :

- de l’envoi et du contenu des messages courts écrits SMS, et garantit CASANET contre toute réclamation, plainte, revendication ou tous recours de quelque nature que ce soit émanant d’un client GSM des opérateurs ou d’un tiers et résultant de l’utilisation du service ;

- de toute exploitation résultant de l'utilisation de la plateforme SMSConnect de CASANET et de tout préjudice qui en résulte tant à lui-même, à CASANET et à tout tiers, quelle qu'en soit la nature sans prétendre à aucune indemnité ou compensation, notamment financière de la part de CASANET.