2009-02-05T16:17:38-05:00 assist billing contract legal privacy reseller tos transfer 32358 6038 21801 false true false true 26557 1 2009-07-27T17:37:15-04:00 Ross Rader 24395 2009-07-27T17:37:15-04:00 <ol> <li>This is an Agreement between You and Tucows.com Co. (“Tucows”), the company that provides the services available through Hover (http://hover.com). Hover is a division of Tucows.com Co. This Agreement explains our obligations to you and your obligations to us. This Agreement, together with the Third-Party Terms identified below, is the entire Agreement between us. Your use of the services available through Hover serves as your consent to the terms of this Agreement.&nbsp;</li> <li>We may update this Agreement from time to time as the services available through Hover.com grow and evolve. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, but this is a courtesy only. If you wish to ensure that you are notified immediately of changes to this Agreement, you may subscribe to <a href="http://hover.zendesk.com/forums/32358/entries/21801.rss">the RSS feed for this page</a>. </li> <li>The Term of this Agreement is for twelve months, if you have chosen an annual subscription for your domain name, and for one month, if you have chosen a monthly subscription. Monthly subscriptions may require you to pay your first and last month’s fees in advance. You may renew your subscription at any time prior to the expiration of this Agreement. If you do not renew your subscription prior to the expiration of this Agreement, your subscription will automatically renew on the last day of the term of this Agreement unless you cancel your subscription. Even if you choose to transfer your domain name to a different registrar or reseller, you agree that we may renew your subscription until you cancel your subscription. Instructions for cancelling your subscription may be found <a href="http://about.hover.com/cancelling">here</a>. Maintaining accurate and current billing information is a mandatory condition of maintaining your Hover subscription. If you do not maintain current credit card information in your Hover account, we may cancel your services without further notice. <br /></li> <li>If you have chosen a monthly subscription, you agree that you may not cancel your services or transfer your domain to another registrar until the end of the third term of your subscription (three months service) or have paid the equivalent of three month's worth of service. Monthly subscriptions are offered as a convenience to our clients and we must ensure that the base costs associated with your account are paid for before permitting you to cancel your subscription. We may choose to waive these minimum fees in our sole discretion.</li> <li>Your right and title to your domain name also allows you to transfer your domain name to another party or hold the registration in the name of a third-party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through Tucows using your Hover.com account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met, even if you have registered a domain name in the name of a third-party.</li> <li>Tucows needs the ability to reach you easily and quickly. You are responsible for ensuring that Tucows has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Similarly, if you need to reach Tucows, you may contact us at Hover, a division of Tucows.com Co. 96 Mowat Avenue , Toronto, Ontario M6K 3M1, CANADA (Attention: Office of the General Manager), Telephone: +1 (416) 538-5498, Facsimile: +1 (416) 531-5584, and E-Mail to help@hover.com.</li> <li>Your right and title to your domain name is for a finite period of time, measured by the term of your subscription. If you do not pay your subscription fee within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to Tucows and a cancellation surcharge of $150 may be levied against your account. If a domain name is forfeited for non-payment, Tucows will have the right, in its sole discretion, to (a) register and use for the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew.</li> <li>You may terminate this Agreement at any time and for any reason by canceling your Hover.com subscription (instructions can be found here:&nbsp;<a href="http://about.hover.com/cancelling">http://about.hover.com/cancelling</a>). Tucows also can terminate this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If Tucows terminates this Agreement, Tucows will provide you with written notice. Tucows may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar.</li> <li>Tucows is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") and many domain name registries to register domain names on your behalf only on the condition that Tucows requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the "<a href="http://opensrs.com/resources/contracts/exhibita.htm">Tucows Registrant Agreement -&nbsp;Exhibit A</a>” (“Third-Party Terms”). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.</li> <li>Sometimes domain name registrations are the subject of a legal challenge.&nbsp; If Tucows is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Tucows’ costs and legal fees and to indemnify and hold Tucows harmless from any action. 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, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.</li> <li>Information collected about you is subject to the terms of Tucows’ privacy policy. Tucows’ privacy policy can be found <a href="http://www.tucows.com/privacy.html">here</a>.</li> <li>This Agreement is governed by and will be enforced in accord with the laws of the Province of Ontario, Canada and the federal laws of Canada. Any action brought against Tucows arising out of or relating to this Agreement must be brought in the courts of Toronto, Ontario, and you consent to the exclusive jurisdiction of such courts.</li> <li>LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid as subscription fees. 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.</li> <li>DISCLAIMER OF WARRANTIES.&nbsp; You agree that your use of our services is solely at your own risk. You agree that such services are 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 services 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 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.</li> </ol> <p>&nbsp;</p> <ol> <li>This is an Agreement between You and Tucows.com Co. (“Tucows”), the company that provides the services available through Hover (<a href="http://hover.com)">http://hover.com)</a>. Hover is a division of Tucows.com Co. This Agreement explains our obligations to you and your obligations to us. This Agreement, together with the Third-Party Terms identified below, is the entire Agreement between us. Your use of the services available through Hover serves as your consent to the terms of this Agreement.&nbsp;</li> <li>We may update this Agreement from time to time as the services available through Hover.com grow and evolve. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, but this is a courtesy only. If you wish to ensure that you are notified immediately of changes to this Agreement, you may subscribe to <a href="http://hover.zendesk.com/forums/32358/entries/21801.rss">the RSS feed for this page</a>. </li> <li>The Term of this Agreement is for twelve months, if you have chosen an annual subscription for your domain name, and for one month, if you have chosen a monthly subscription. Monthly subscriptions may require you to pay your first and last month’s fees in advance. You may renew your subscription at any time prior to the expiration of this Agreement. If you do not renew your subscription prior to the expiration of this Agreement, your subscription will automatically renew on the last day of the term of this Agreement unless you cancel your subscription. Even if you choose to transfer your domain name to a different registrar or reseller, you agree that we may renew your subscription until you cancel your subscription. Instructions for cancelling your subscription may be found <a href="http://about.hover.com/cancelling">here</a>. Maintaining accurate and current billing information is a mandatory condition of maintaining your Hover subscription. If you do not maintain current credit card information in your Hover account, we may cancel your services without further notice. <br /></li> <li>If you have chosen a monthly subscription, you agree that you may not cancel your services or transfer your domain to another registrar until the end of the third term of your subscription (three months service) or have paid the equivalent of three month's worth of service. Monthly subscriptions are offered as a convenience to our clients and we must ensure that the base costs associated with your account are paid for before permitting you to cancel your subscription. We may choose to waive these minimum fees in our sole discretion.</li> <li>Your right and title to your domain name also allows you to transfer your domain name to another party or hold the registration in the name of a third-party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through Tucows using your Hover.com account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met, even if you have registered a domain name in the name of a third-party.</li> <li>Tucows needs the ability to reach you easily and quickly. You are responsible for ensuring that Tucows has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Similarly, if you need to reach Tucows, you may contact us at Hover, a division of Tucows.com Co. 96 Mowat Avenue , Toronto, Ontario M6K 3M1, CANADA (Attention: Office of the General Manager), Telephone: +1 (416) 538-5498, Facsimile: +1 (416) 531-5584, and E-Mail to <a href="mailto:help@hover.com">help@hover.com</a>.</li> <li>Your right and title to your domain name is for a finite period of time, measured by the term of your subscription. If you do not pay your subscription fee within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to Tucows and a cancellation surcharge of $150 may be levied against your account. If a domain name is forfeited for non-payment, Tucows will have the right, in its sole discretion, to (a) register and use for the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew.</li> <li>You may terminate this Agreement at any time and for any reason by canceling your Hover.com subscription (instructions can be found here:&nbsp;<a href="http://about.hover.com/cancelling">http://about.hover.com/cancelling</a>). Tucows also can terminate this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If Tucows terminates this Agreement, Tucows will provide you with written notice. Tucows may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar.</li> <li>Tucows is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") and many domain name registries to register domain names on your behalf only on the condition that Tucows requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the "<a href="http://opensrs.com/resources/contracts/exhibita.htm">Tucows Registrant Agreement -&nbsp;Exhibit A</a>” (“Third-Party Terms”). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.</li> <li>Sometimes domain name registrations are the subject of a legal challenge.&nbsp; If Tucows is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Tucows’ costs and legal fees and to indemnify and hold Tucows harmless from any action. 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, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.</li> <li>Information collected about you is subject to the terms of Tucows’ privacy policy. Tucows’ privacy policy can be found <a href="http://www.tucows.com/privacy.html">here</a>.</li> <li>This Agreement is governed by and will be enforced in accord with the laws of the Province of Ontario, Canada and the federal laws of Canada. Any action brought against Tucows arising out of or relating to this Agreement must be brought in the courts of Toronto, Ontario, and you consent to the exclusive jurisdiction of such courts.</li> <li>LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid as subscription fees. 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.</li> <li>DISCLAIMER OF WARRANTIES.&nbsp; You agree that your use of our services is solely at your own risk. You agree that such services are 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 services 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 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.</li> </ol> <p>&nbsp;</p> 2009-02-05T16:17:38-05:00 21801 32358 26557 2009-07-27T17:37:15-04:00 24395