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  Registration Agreement
 

Exhibit A
Registration Agreement

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refers
to the registrant of each domain name registration, "we", “us" and "our" refers to Tucows
Inc. and “Services” refers to the domain name registration provided by us as offered
through Alcatraz Media, LLC, the Registration Service Provider (“Reseller”).
This Agreement explains our obligations to you, and explains your obligations to us for
the Services.

2. SELECTION OF A DOMAIN NAME. You represent that, 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.

3. FEES. As consideration for the Services, you agree to pay Reseller the applicable
service(s) fees. All fees payable hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process, and (2) maintain and update
this information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the Account Information and all other
statements put forth in your application are true, complete and accurate. Both Tucows
and the Registry reserve 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 the Registry to terminate this agreement
immediately upon such breach without any refund and without notice to you.

4. TERM. This Agreement will remain in full force during the length of the term of your
Domain Name Registration as selected, recorded, and paid for upon registration of the
Domain Name. Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, the term of this Registration Agreement will be extended
accordingly. Should the domain name be transferred to another Registrar, the terms and
conditions of this contract shall cease.

5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry may:
(1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such revision or change
which shall be effective immediately upon posting on our website or upon notification to
you by e-mail or your country’s postal service pursuant to the Notices section of this
Agreement. You agree to review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by providing us
with notice by e-mail or postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us. You agree that, by
continuing the use of Services following notice of any revision to this Agreement or
change in service(s), you shall be bound by any such revisions and changes. You further
agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”)
as presently written and posted on http://www.icann.org/udrp/udrp-policy-24oct99.htm
and as such shall be amended from time to time. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name be deleted from
the domain name database.

6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that you selected
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. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you agree to be
bound by the Dispute Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at
http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please take the time to familiarize
yourself with this policy.

8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of the Province of Ontario.

9. 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 the 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. You represent that you have
provided notice of the terms and conditions in this Agreement to any third party licensee
and that the third party agrees to the terms hereof.

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 such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data non-delivery or data misdelivery;
(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 us, our contractors, agents,
employees, officers, directors and affiliates and VeriSign, Inc., and its directors, officers,
employees, agents and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under this Agreement, the
Services provided hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the Service with your computer, of any
intellectual property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered by us to be a breach of
your Agreement and may result in deactivation of your domain name. 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 user name 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. Your domain name will not be transferred until we receive
such written assurances or other reasonable assurance that the Transferee has been bound
by the contractual terms of this Agreement (such reasonable assurance as determined by
us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to
be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null and void.


15. BREACH.
You agree that failure to abide by any provision of this Agreement, any
operating rule or policy or the Dispute Policy provided by us, may be considered by us to
be a material breach and that we may provide a written notice, describing the breach, to
you. If within thirty (30) calendar days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or reservation of
your domain name. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other breach by you.

16. NO GUARANTY. You 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.

17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely
at your own risk. You agree that such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the Services will
meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained from the
use of the Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into through the
Service. No advice or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.

18. INFORMATION. As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged to provide us the following
information:
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name; and
(iv) The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary. Any
voluntary information we request is collected such that we can continue to improve the
products and services offered to you through your 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, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS service) or other
purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such information), whether
during or after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such disclosure
or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager service, or similar
service, made available by us through your 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.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your
wilful failure promptly to update information provided to us, or any failure to respond to
inquiries by us addressed to the email address of the registrant, the administrative, billing
or technical contact appearing in the “WHOIS” directory with respect to a domain name
concerning the accuracy of contact details associated with the registration shall constitute
a material breach of this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified or identifiable
natural person (“Personal Data”) will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or permitted by
the ICANN Agreement or an ICANN/Registry Operator policy.

21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services. In the event we
do not register or reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty (30) day
period following registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain in full force
and effect.

23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint enterprise between
the parties.

24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall
not affect the full right to require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or held to be a waiver of the
provision itself.

25. NOTICES. Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via regular mail. In the case of email,
valid notice shall only have been deemed to be given when an electronic
confirmation of delivery has been obtained by the sender. In the case of e-mail
notification to us or to Reseller to lhutz@tucows.com or [Insert E-mail Address for
Reseller] or, in the case of notice to you, at the e-mail address provided by you in your
WHOIS record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given five (5) business days after the date of
mailing and, in the case of notification to us or to Reseller shall be sent to:
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.

26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and
the Dispute Policy are the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established by custom, practice, policy or
precedent.

27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS.
ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN
ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURTS.

28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. FORCE MAJEURE. You acknowledge and agree that neither we nor the 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. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading
this agreement in a language other than the English language, you acknowledge and agree
that the English language version hereof shall prevail in case of inconsistency or
contradiction in interpretation or translation.

31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE
SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.