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General Information





Overview

ICON Solutions, Inc strives to provide its customers and website users with the information they need to ensure that their use of our website, computer network, products and services is in accordance with the policies and restrictions we place on their use. Your understanding of the terms and conditions governing the use of our website, computer network, products and services and your cooperation in policing those persons that may be violating these terms and conditions will ensure that all of our products, services and computer network resources are used in a manner that maximizes their availability to our customers and website users.

Legal Terms & Conditions

This webpage contains important information regarding the terms and conditions that you and our customers must agree to in order to use our website and computer network or purchase our products and services.

Each user of ICON Solutions, Inc’s website and computer network and each customer that purchases any product or service from ICON Solutions, Inc must agree to the following terms and conditions and all such use and purchases are subject to and contingent upon your acceptance of these terms and conditions. Please carefully review the information below .

Please note that ICON Solutions, Inc reserves the right to amend, alter, modify or replace, from time to time, all or any portion of the terms and conditions set forth above with out any notice.
If you have questions regarding these terms and conditions, please email ICON Solutions, Inc’s Legal Department at legal@iconisp.com.

Violations & Complaints

As a provider of hosting services, ICON Solutions, Inc provides resources with which our customers host thousands of websites. Please note that ICON Solutions, Inc is not responsible for the content that customers publish on their websites nor can we police each and every webpage that is published using our resources. As such, we encourage you to report any potential violations of the law, our terms and conditions or the rights of others, using the resources set forth below. We will attempt to respond to, investigate and resolve each complaint we receive from you. Complaints may include reports of trademark infringement, copyright infringement, spam, phishing, fraud or hacking. Please carefully review the following information to ensure that your complaint is directed to the proper Planet representative — your failure to do so may delay or prevent our response to your complaint.

Potential Trademark & Copyright Violations

If you believe that a person is using our products, services or computer network to violate your copyright, trademark or other intellectual property, then please direct your complaint to copyright@iconisp.com . Please note that if you are submitting a notice of a copyright violation, you must comply with specific procedures in order to require ICON Solutions, Inc (or the applicable service provider) to address the alleged violation. For more information regarding the procedures for filing a complaint under the Digital Millennium Copyright Act please click here "DMCA".

Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights — please do NOT direct these complaints to our Abuse Department — doing so may delay or prevent our response to your complaint.

Spam, Phishing, Fraud, Hacking and Other Abuse Complaints

If you have a complaint regarding potential spam, phishing, fraud, hacking or other violations of our AUP , please direct those complaints to abuse@iconisp.com .

Our Abuse Department is trained to respond to, investigate and take remedial measures regarding spam, phishing, fraud, hacking or other violations of our AUP — please do NOT direct these complaints to our Legal Department — doing so may delay or prevent our response to your complaint.

Customer Information & Requests for Information

ICON Solutions, Inc strives to protect its customers’ information and personally identifiable information stored on or transmitted through its computer network. Please carefully review our Privacy Policy . Ordinarily, ICON Solutions, Inc will not disclose any confidential information, including customer information or information stored on or transmitted through our computer network, except when (i) required pursuant to a valid court order or subpoena, (ii) we believe the disclosure of such information may prevent bodily injury or death or serious harm to a person or their property or (iii) as otherwise required by law.

All inquiries regarding the production of information or compliance with court orders or subpoenas should be directed to ICON Solutions, Inc’s Legal Department at legal@iconisp.com or faxed to our Legal Department’s compliance representative at (650) 444-1369.

Please note that our Legal Department (and not our Abuse Department) handles all inquires regarding the production of customer information or other confidential information — please do NOT direct these complaints to our Abuse Department — doing so may delay or prevent our response to your complaint. Representatives outside of ICON Solutions, Inc’s Legal Department are not authorized to disclose any such information.

Acceptable Usage Policy

Introduction

The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on ICON Solutions, Inc’s website, this “AUP”) of ICONISP.COM. (“ICON Solutions, Inc”), is designed to (i) protect ICON Solutions, Inc’s customers, users of ICON Solutions, Inc’s website, Products and Service, ICON Solutions, Inc (ICONISP.COM) network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by ICON Solutions, Inc, its website, ICON Solutions, Inc (ICONISP.COM) network and its physical infrastructure (“ICON Solutions, Inc (ICONISP.COM) services”).
This AUP applies to each user that subscribes for ICON Solutions, Inc (ICONISP.COM) services (“Customers”), all users of ICON Solutions, Inc (ICONISP.COM) services and all users that access or utilize ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure, whether or not such users are customers of ICON Solutions, Inc, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to ICON Solutions, Inc (ICONISP.COM) network or physical infrastructure as a part of ICON Solutions, Inc (ICONISP.COM) services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.

This AUP is incorporated by this reference into each Customer’s Terms of Service and Service Level Agreement. This AUP should be read in conjunction with ICON Solutions, Inc’s Terms of Service, ICON Solutions, Inc’s Service Level Agreement and ICON Solutions, Inc’s Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Customer’s use of ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network, the Products and Services is also subject to Customer’s acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of ICON Solutions, Inc’s Terms of Service, SLA and Privacy Policy may be reviewed or printed by Customer at the Legal section of ICON Solutions, Inc’s website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE TERMS OF SERVICE, THE SLA AND THIS AUP. ICON Solutions, Inc reserves the right to amend or modify this AUP from time to time, and a User’s use of ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc’s network and physical infrastructure after changes to the AUP are posted on the legal department page of ICON Solutions, Inc's website (www.theplanet.com) will constitute the User's acceptance of any such amendments or modifications.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or ICON Solutions, Inc. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate ICON Solutions, Inc to monitor, review, or police the data and content residing on ICON Solutions, Inc (ICONISP.COM) network or (b) create any obligation or duty of ICON Solutions, Inc to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, ICON Solutions, Inc is not likely to be aware of any violations of this AUP or any violations of law. ICON Solutions, Inc expects all Users to notify us of any violations of law or violations of this AUP. ICON Solutions, Inc EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON ICON Solutions, Inc (ICONISP.COM) network OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Prohibited Content

Users shall not allow the posting, transmission, or storage of data or content on or through ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure which, in ICON Solutions, Inc’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of ICON Solutions, Inc (ICONISP.COM) services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.

A User shall not knowingly host on its Servers, use ICON Solutions, Inc (ICONISP.COM) services or transmit over ICON Solutions, Inc (ICONISP.COM) network, any material believed by ICON Solutions, Inc to constitute child pornography. In addition to any other actions it may take under this AUP, ICON Solutions, Inc reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

Users’ Security Obligation

Users must use reasonable care to ensure the security of each Server, ICON Solutions, Inc (ICONISP.COM) network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. ICON Solutions, Inc reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt ICON Solutions, Inc (ICONISP.COM) network or any hardware objects on the network as a result of a security compromise.

Network Abuse

Users are prohibited from engaging in any activities that ICON Solutions, Inc determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

  • Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
  • Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer's server.
  • Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
  • Interfering with or denying service to any user, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
  • Soliciting the performance of any illegal activity, even if the activity is not performed.
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.

For your convenience, you may click on Prohibited Activities to review a list of additional prohibited activities and examples of prohibited activities. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.

Intellectual Property Infringement Policy

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. ICON Solutions, Inc has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.

If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates ICON Solutions, Inc's Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, ICON Solutions, Inc reserves the right to (i) suspend permanently or terminate ICON Solutions, Inc (ICONISP.COM) services of such Customer and/or (ii) suspend permanently or terminate the access to ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure by such Third Party User.

E-mail and Anti-Spamming Policy

Users may not (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”) or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to ICON Solutions, Inc upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, ICON Solutions, Inc will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to ICON Solutions, Inc upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, ICON Solutions, Inc will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

  • Use of ICON Solutions, Inc (ICONISP.COM) network for the receipt of replies to unsolicited mass e-mail.
  • Forgery of e-mail headers (“spoofing”).
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
  • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
  • Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
  • Hosting web pages or providing services that support spam.
  • Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
  • Instructing others in any activity prohibited by this AUP.

If any Customer or any Third Party User that is a customer of our Customer uses ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure in a manner that causes ICON Solutions, Inc to be “blacklisted” or blocked, ICON Solutions, Inc reserves the right to (i) suspend permanently or terminate ICON Solutions, Inc (ICONISP.COM) services of such Customer and/or (ii) suspend permanently or terminate the access to ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure by such Third Party User. Operating ICON Solutions, Inc Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, ICON Solutions, Inc’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, ICON Solutions, Inc shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

IP Allocation

ICON Solutions, Inc owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by ICON Solutions, Inc. ICON Solutions, Inc reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

IRC Policy

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, ICON Solutions, Inc may null-route, filter, suspend, or terminate that Customer’s service.

Usenet Policy

Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. ICON Solutions, Inc reserves the right to determine whether such posts violate the AUP.

Legal Investigations

Users will cooperate and comply with any civil or criminal investigation regarding use of ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure or content located on its Servers or transmitted using ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). ICON Solutions, Inc may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with ICON Solutions, Inc’s compliance with any Investigation. ICON Solutions, Inc reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and ICON Solutions, Inc shall not be in default under any agreement for ICON Solutions, Inc (ICONISP.COM) services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. ICON Solutions, Inc also reserves the right to disclose information relating to Users and their use of ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by ICON Solutions, Inc in its sole discretion.

Violations of AUP

ICON Solutions, Inc may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, ICON Solutions, Inc may:

  • Disable access to a User’s content that violates this AUP.
  • Suspend or Terminate a User’s access to ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure.
  • Remove DNS records from Servers.
  • Block mail or any other network service.
  • Effect IP address null routing.
  • Take legal action against a User to enforce compliance with this AUP.

Reporting Violations:

If there is a violation of this AUP direct the information to the Abuse Department at abuse@iconisp.com.

If available, please provide the following information:

  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone or offset from GMT.
  • Evidence of the alleged violation.

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. ICON Solutions, Inc may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings.
  • Suspend the User's newsgroup posting privileges.
  • Suspend the User's account.
  • Terminate the User's account.
  • Bill the User for administrative costs and/or reactivation charges.
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

If any User uses ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure in a manner that exposes ICON Solutions, Inc to potential liability, as reasonably determined by ICON Solutions, Inc, ICON Solutions, Inc may suspend permanently or terminate the access to ICON Solutions, Inc (ICONISP.COM) services, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure by such User.

The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that ICON Solutions, Inc may take to enforce and ensure compliance with this AUP. ICON Solutions, Inc reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.

ICON Solutions, Inc reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, ICON Solutions, Inc (ICONISP.COM) network or its physical infrastructure.

Prohibited Activities

  • forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
  • creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  • hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
  • soliciting the performance of any illegal activity, even if the activity itself is not performed;
  • threatening bodily harm, or encouraging bodily harm or property destruction;
  • harassing another, or encouraging harassing behavior;
  • engaging in outright fraud, or using services to engage in scams like pyramid schemes;
  • collecting personal information about others without their knowledge or consent;
  • instructing others in prohibited activities;
  • using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
  • acting in any manner that might subject ICON Solutions, Inc to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect ICON Solutions, Inc’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
  • creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
  • sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.

Terms of Service

  1. The following terms of service (these "Terms of Service" or this “Agreement”) govern the provision by ICON Solutions, Inc ("ICONISP.COM") to the customer executing this online transaction ("Customer"), of the products and services described in (i) the Order Form submitted in connection with this online transaction (the “Order Form”), (ii) the Service Level Agreement (as in effect from time to time and set forth on ICON Solutions, Inc’s website, the “SLA”) governing the Customer’s limited right to recover certain service credits and (iii) ICON Solutions, Inc’s technical support descriptions (collectively clauses (i) through (iii), the "Products and Services"). These Terms of Service shall be effective as of the date that Customer executes its online transaction and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, ICON Solutions, Inc’s Acceptable Usage Policy (as in effect from time to time as set forth on ICON Solutions, Inc’s website, the “AUP”) and the Order Form each of which is made a part of these Terms of Service and collectively referred to herein as the “Agreement.” Customer’s use of ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network, and the Products and Services is also subject to Customer’s acceptance and compliance with these Terms of Service, the AUP, the SLA and the Order Form. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable. ICON Solutions, Inc hereby reserves the right to amend, alter, modify, replace or suspend, from time to time in its sole discretion, all or any portion of its privacy policy (as in effect from time to time as set forth on ICON Solutions, Inc’s website, the “Privacy Policy”). Current copies of ICON Solutions, Inc’s SLA, AUP and Privacy Policy may be reviewed or printed by Customer at the Legal section of ICON Solutions, Inc’s website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA, AUP AND PRIVACY POLICY.

    By submitting an Order Form online or by using ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network (as defined in the SLA), products or services, Customer hereby agrees to the terms and conditions of the Agreement.

    Services and Monthly Commitments. ICON Solutions, Inc agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. ICON Solutions, Inc may perform additional technical, supplemental, or professional services (other than the Products and Services) for Customer at either ICON Solutions, Inc’s published pricing rates or at rates mutually agreed to in writing between Customer and ICON Solutions, Inc. Also, ICON Solutions, Inc may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. If a Customer subscribes for any Product and Service for a term other than on a month-to-month basis, then each month of such term Customer shall pay ICON Solutions, Inc the greater of (i) the actual fees and expenses payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) and (ii) the Minimum Monthly Commitment. For purposes of this Agreement, “Minimum Monthly Commitment” shall be determined each month and shall mean with respect to each Product and Service subscribed for by Customer other than on a month-to-month basis, the greater of (A) the amount specified as the “Minimum Monthly Commitment” in the Order Form associated with the subscription for such Products and Services and (B) the highest aggregate monthly amount paid or payable by Customer with respect to all Products and Services subscribed to for a term other than on a month-to-month basis, during the current term for which Customer subscribed for such Products and Services. If for any month Customer’s aggregate monthly fees and expenses actually paid or payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) does not exceed the Minimum Monthly Commitment, then Customer shall pay the Minimum Monthly Commitment in lieu of the charges that would otherwise be due with respect to such Products and Services. All payments made by Customer with respect to such Products and Services shall be credited first towards the Minimum Monthly Commitment.

  2. Term and Renewal. Unless Customer agrees to a one-year term or unless otherwise stated in an Order Form or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes. ICON Solutions, Inc may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.

  3. Customer Cancellation or Non-Renewal. In order to cancel or elect not to renew any Product or Service, Customer must (i) submit an email service cancellation request (a “Cancellation Notice”) or by completing the cancellation form provided on (http://www.iconisp.com/cancelme.php) at least two (2) days prior to expiration of the Initial Term or the then-current Renewal Term and (ii) upon submission of the Cancellation Notice.

    The information set forth on the Cancellation Notice, unless otherwise instructed in writing by ICON Solutions, Inc to do so otherwise. CUSTOMER AKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CONFIRMS VIA TELEPHONE THE INFORMATION PROVIDED IN THE CANCELLATION NOTICE AS PROVIDED IN SECTION 3 CLAUSE (ii) ABOVE.

  4. Termination. ICON Solutions, Inc may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“ICON Solutions, Inc Termination”): (i) Customer’s failure to pay any overdue amount within ten days after written notice by ICON Solutions, Inc is given to Customer or (ii) Customer’s material breach or violation of any provision of this Agreement (other than such violations set forth in clauses (iii), (iv) and (v) below) that is not cured within ten (10) days of Customer’s receipt of written notice from ICON Solutions, Inc referencing such breach or violation; (iii) Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors; (iv) Customer’s violation of the AUP or the Privacy Policy; or (v) ICON Solutions, Inc determines in its sole discretion that Customer continues to host content that may subject ICON Solutions, Inc to legal liability (in which case, ICON Solutions, Inc may terminate or modify the Products and Services to avoid such liability).

    Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by ICON Solutions, Inc of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within ten (10) business days after written notice from Customer describing such breach in detail is received by ICON Solutions, Inc (“Customer Termination”). In the event of a Customer Termination, Customer shall pay (1) all outstanding amounts payable through the effective date of such termination and (2) if the Products and Services include software for which ICON Solutions, Inc does not then provide general customer support, Customer shall pay to ICON Solutions, Inc an amount equal to ICON Solutions, Inc's cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to ICON Solutions, Inc an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination.

    CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT IN THE EVENT THAT ANY PRODUCT OR SERVICE THAT IS PROVIDED ON THE BASIS OF A ONE-YEAR TERM IS TERMINATED, WITH OR WITHOUT CAUSE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR TERM. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT.

    Upon termination of this Agreement, ICON Solutions, Inc and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to ICON Solutions, Inc under these Terms of Service, (ii) immediately remove from ICON Solutions, Inc's premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from ICON Solutions, Inc (ICONISP.COM) network (including all servers owned or operated by ICON Solutions, Inc), and (iii) return to ICON Solutions, Inc all software, access keys, and any other property provided to Customer by ICON Solutions, Inc under this Agreement. Any physical property of Customer not removed from ICON Solutions, Inc’s premises within forty-five (45) days after such termination shall become the property of ICON Solutions, Inc, which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 4, 5, 6, 7 and 8 shall survive the expiration, cancellation and termination of this Agreement for any reason.

  5. Payment. Customer agrees to pay all charges, fees, penalties, early cancellation charges, reconnection fees, service interruption fees, installation fees and other amounts due under this Agreement (collectively “Charges”) in US dollars. Each Customer that is a Texas resident agrees to pay all taxes applicable to its account. Except as otherwise provided for herein, all Charges for the Products and Services, and for any additional services described herein, shall be invoiced to the Customer and paid in advance of the Initial Term and each Renewal Term (but may include any applicable pro-rated amounts for partial months of for Products and Services provided on a month-to-month basis) and shall be due and payable upon receipt. Any additional one-time charges, including early cancellation charges, accrued interest, late fees, service reinstatement fees, and any usage-based charges (installation or set-up fees) shall be invoiced in arrears and appear on either regular monthly invoices or separate invoices. Server rental charges are incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery. Customer also shall pay to ICON Solutions, Inc all expenses incurred by ICON Solutions, Inc in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including attorneys' fees, court costs, and collection agency fees. If Customer fails to pay any past due amount within five (5) days after written notice by ICON Solutions, Inc is given to Customer, ICON Solutions, Inc may suspend performance under this Agreement and if such past due amounts remain unpaid within five (5) days thereafter, ICON Solutions, Inc may terminate this Agreement. ICON Solutions, Inc may charge interest on any invoice amounts that are overdue by more than ten (10) days at the lesser of (a) 1.5% per month or (b) the maximum non-usurious rate under applicable law. Customer shall be deemed to have accepted as conclusively accurate any invoice that it has not disputed in a writing delivered to ICON Solutions, Inc within sixty (60) days of the invoice date. Customer may withhold the disputed portions of payments that are properly and timely disputed hereunder as long as it timely pays all undisputed charges that are outstanding.

    The parties shall work together in good faith to resolve any such disputed charge. In the event that this Agreement is terminated by ICON Solutions, Inc for any reason constituting “ICON Solutions, Inc Termination” (as defined above) or by Customer for any reason other than “Customer Termination” (as defined above), all Charges under the Agreement, including all remaining monthly or yearly fees due for the remaining portion of the Initial Term and each applicable Renewal Period, shall accelerate and are immediately due and payable. All set-up fees, monthly service fees and usage fees are non-refundable. Customer shall not be entitled to any refunds or credits, pro-rated or otherwise, in the event of early termination of this Agreement by ICON Solutions, Inc according to the terms herein.

  6. Indemnification. Customer agrees to indemnify and hold harmless ICON Solutions, Inc, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

  7. Disclaimers; Limitation on Company Liability.
    ICON SOLUTIONS, INC SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF ICON SOLUTIONS, INC (ICONISP.COM) NETWORK, RECLAIMATION OF SERVERS BY ICON SOLUTIONS, INC FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF ICON SOLUTIONS, INC. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON ICON SOLUTIONS, INC (ICONISP.COM) NETWORK OR ANY SERVER OWNED OR OPERATED BY ICON Solutions, Inc.

    IN NO EVENT SHALL ICON SOLUTIONS, INC’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO ICON SOLUTIONS, INC IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM.

    ICON SOLUTIONS, INC PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND ICON Solutions, Inc SHALL HAVE NO LIABILITY THEREFORE.
    NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST ICON Solutions, Inc MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.

    CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND ICON SOLUTIONS, INC’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF ICON SOLUTIONS, INC (ICONISP.COM) NETWORK, ICON SOLUTIONS, INC HARDWARE OR ICON SOLUTIONS, INC INFRASTRUCTURE OR THE FAILURE BY ICON SOLUTIONS, INC TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.

  8. Miscellaneous Terms.
    Bandwidth and Disk Usage. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Products and Services ordered by Customer on the Order Form (the "Agreed Usage"). ICON Solutions, Inc will monitor Customer's bandwidth and disk usage. ICON Solutions, Inc shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, or termination of these Terms of Service, which actions may be taken by ICON Solutions, Inc in its sole and absolute discretion. If ICON Solutions, Inc takes any corrective action under these Terms of Service, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic is counted and applied towards the Agreed Usage. In the event that Customer exceeds the Agreed Usage, ICON Solutions, Inc may, at its sole discretion, collect a deposit, in the amount of $1 per GB from Customer, or to the extent that Customer has a credit card on file with ICON Solutions, Inc, apply such charge against Customer’s credit card. Data transfer in excess of the Agreed Usage shall be automatically billed to Customer. Unused Agreed Usage or bandwidth allocations cannot be carried over to future months or applied to other servers.

Notices. Unless otherwise specified herein, all notices, requests and other communications hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, or registered or certified mail (return receipt requested) to the address or facsimile number of Customer listed in ICON Solutions, Inc’s records or if to ICON Solutions, Inc then to the address set forth below. Such notices or other communications shall be deemed to have been given (a) on the date delivered (if delivered personally), (b) on the date that return confirmation is received (if sent by facsimile), (c) on the business day after being sent by an internationally recognized overnight air courier, or (c) five days after being sent (if sent by registered or certified mail).

ICON Solutions, Inc
4164 Wilkie Way
Palo Alto, California 94306
Attn: Legal Department
Phone: (650)444-1369
Fax: Please call....
Email: legal@iconisp.com

Waiver. It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.
Severability. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Force Majeure. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

ICON Solutions, Inc’s Use of Customer’s Name. Customer agrees that ICON Solutions, Inc may, upon written consent by Customer, publicly disclose that ICON Solutions, Inc is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or ICON Solutions, Inc’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.

Non-Solicitation. During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of ICON Solutions, Inc or interfere in the employment relationship between ICON Solutions, Inc and any of its employees with whom Customer has had contact in connection with this Agreement.

Ownership. ICON Solutions, Inc shall be the sole owner of all intellectual property, and all derivatives thereof, that ICON Solutions, Inc may develop in the course of providing the Products and Services. Each party to this Agreement retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property. Upon termination of the Agreement, Customer agrees to promptly release any Internet protocol numbers, addresses, or address blocks assigned to Customer in connection with the Products and Services.

Customer Hardware. ICON Solutions, Inc acknowledges and agrees that the hardware provided by Customer to ICON Solutions, Inc to be used in connection with any Products and Services (the “Customer Hardware”) is the property of Customer and shall be tagged and identified as such. ICON Solutions, Inc shall not pledge, hypothecate or otherwise encumber the Customer Hardware in any way and upon demand by Customer shall surrender the Customer Hardware to Customer, unless Customer fails to remove such Customer Hardware as provided for in Section 4 above.

Third-Party Beneficiaries. There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers.

Assignment. This Agreement shall not be assignable by Customer without ICON Solutions, Inc’s prior written consent. ICON Solutions, Inc may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.

Governing Law, Jurisdiction, Venue. THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. CUSTOMER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA LOCATED IN SANTA CLARA COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE NORTHEN DISTRICT OF CALIFORNIA, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY THE CUSTOMER OR ICON SOLUTIONS, INC OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH TEXAS STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEN DISTRICT OF CALIFORNIA AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION 8 SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.

Service Level Agreement

The following terms and conditions of this Service Level Agreement (as amended from time to time, this "SLA") apply only to Products and Services and govern (A) the use and availability of ICON Solutions, Inc (ICONISP.COM) network to those persons that have purchased Products and Services directly from ICON Solutions, Inc (each, a “Customer”), and (B) the right, under certain circumstances specified below, of a Customer to receive services credits in respect of the failure of ICON Solutions, Inc (ICONISP.COM) network and/or the failure of ICON Solutions, Inc to provide the Products and Services purchased by Customer from ICON Solutions, Inc in accordance with (i) the Terms of Service, (ii) ICON Solutions, Inc’s AUP and (iii) this SLA, each of which is incorporated herein by reference and made a part hereof (collectively, the "Agreement"). Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service or AUP, as applicable. Customer’s use of ICON Solutions, Inc’s website, ICON Solutions, Inc (ICONISP.COM) network, and the Products and Services is also subject to Customer’s acceptance and compliance with this SLA, the Terms of Service, the AUP and the Order Form. ICON SOLUTIONS, INC HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF ITS AUP OR PRIVACY POLICY. CURRENT COPIES OF ICON SOLUTIONS, INC’S TERMS OF SERVICE, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER AT THE LEGAL SECTION OF ICON SOLUTIONS, INC’S WEBSITE. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA AND AUP. By submitting the online order form, Customer hereby agrees to the following:

  1. Definitions. When used in this SLA, the following capitalized terms shall have the definitions set forth below:

    a. “AUP” means ICON Solutions, Inc’s standard acceptable usage policy, as in effect and listed on ICON Solutions, Inc’s website from time to time and subject to all changes, modifications and replacements as ICON Solutions, Inc may effect in accordance with the Terms of Service and AUP.

    b. “Order Form” means ICON Solutions, Inc’s standard service exhibit, service addendum or order form, specifying the products and services purchase by Customer, as in effect from time to time.

    c. “Products and Services” means those products and services offered by ICON Solutions, Inc to its general customer base, in each case as purchased by a Customer and set forth on an Order Form, but expressly excludes all products and services offered by ICON Solutions, Inc’s managed hosting division and expressly marketed as managed hosting services.

    d. “Privacy Policy” means ICON Solutions, Inc’s standard privacy policy, as in effect and listed on ICON Solutions, Inc’s website from time to time and subject to all changes, modifications and replacements as ICON Solutions, Inc may effect in accordance with the Terms of Service and AUP.

    e. “Scheduled Maintenance” means all maintenance services for which ICON Solutions, Inc gives Customer at least five (5) days prior notice of such maintenance services via ICON Solutions, Inc’s outage mailing list maintained on ICON Solutions, Inc’s customer portal.

    f. “Service Credit” means a credit, calculated in accordance with this SLA, issued by ICON Solutions, Inc to the Customer in respect of products and services contracted for, but not delivered by ICON Solutions, Inc in accordance with the Agreement due to a Qualified Network Downtime Event.

    g. “Terms of Service” means either (i) ICON Solutions, Inc’s standard terms of service as in effect and listed on ICON Solutions, Inc’s website as of the date of Customer’s purchase of Products and Services or (ii) solely to the extent ICON Solutions, Inc and Customer have separately negotiated written terms of service different from those referred to in clause (i), ICON Solutions, Inc’s standard terms of service which incorporate such other written terms of service, duly executed and delivered by each party; in each case, as amended from time to time.

    h. “ICON Solutions, Inc” means ICON Solutions, Inc ., a Delaware corporation, together with its successors and assigns.

    i. “ICON Solutions, Inc (ICONISP.COM) network” means the portion internal computer network owned or operated on behalf of ICON Solutions, Inc that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.

  2. 100% Planet Network Availability Assurance: ICON Solutions, Inc assures Customer 100% uptime availability of ICON Solutions, Inc (ICONISP.COM) network covered by this SLA. Subject to Section 3 below, in the event that ICON Solutions, Inc fails to provide Customer with the Products and Services purchased by Customer in accordance with the Agreement and such failure results from the complete unavailability of ICON Solutions, Inc (ICONISP.COM) network or the failure of ICON Solutions, Inc (ICONISP.COM) network to pass Customer’s TCP/IP traffic with less than three percent (3%) packet loss and less than 30ms latency across ICON Solutions, Inc (ICONISP.COM) network (other than as specified below, each such event, a “Qualified Network Downtime Event”), ICON Solutions, Inc will issue Customer a Service Credit calculated as follows.

    a. A Qualified Network Downtime Event shall start upon Customer’s submission of a written trouble ticket specifying that a Qualified Network Downtime Event has occurred and the details associated with such Qualified Network Downtime Event. All such trouble tickets must be submitted by Customer through ICON Solutions, Inc’s customer portal or through ICON Solutions, Inc’s technical support department. Upon the passage of five (5) continuous minutes of a Qualified Network Downtime Event, the Service Credit shall equal five percent (5%) of the monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred and thereafter during the pendency of such unavailability, the Service Credit shall increase by an additional five percent (5%) for each continuous thirty (30) minutes of a Qualified Network Downtime Event up to a maximum of one hundred percent (100%) of monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred.

    b. All Service Credits are calculated by ICON Solutions, Inc on a “per-event-basis” each calendar month and in no event will downtime or unavailability be cumulated during any monthly period for purposes of determining a Customer’s right to any Service Credit. The following events do not constitute a Qualified Network Downtime Event or qualify for any Service Credit under this SLA: (i) Scheduled Maintenance or (ii) Customer generated outages created by failed equipment, customer mis-configurations, exploited servers, or traffic in excess of the maximum allowed by contract. Service Credits are based directly on all equipment and/or services affected by a Qualified Network Downtime Event. Products, services or hardware not related to a Qualified Network Downtime Event do not qualify for a Service Credit. Redundant Internet connectivity is measured as traffic routing into and out of a Customer’s equipment through ICON Solutions, Inc (ICONISP.COM) network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by ICON Solutions, Inc.

  3. Service Credits: Service Credits do not constitute a refund in respect of any product or service and may not be carried forward to future months, paid for or exchanged for cash or other monetary consideration or value. Service Credits are not available (i) in respect of any outage or event associated with Scheduled Maintenance or arising from any denial of service attack, virus, hacking attempts or any other circumstances or events that are not within the control of ICON Solutions, Inc, including any Force Majeure Event, (ii) to any Customer that is more than thirty (30) days past due on any amount owing to ICON Solutions, Inc or any Customer that has breached the Agreement or (iii) in respect of any products or services contracted for with ICON Solutions, Inc that expressly exclude technical support or such Service Credits. Valid approved Service Credits will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Network Downtime Event giving rise to such Service Credit. In order for a Customer to qualify for a Service Credit, the Customer must (A) have purchased and paid for Products and Services, (B) utilize redundant input network drops running Hot Swap Router Protocol (HSRP) in its equipment and (C) submit a request for a Service Credit, as applicable, in writing via ICON Solutions, Inc’s customer portal to accounting@iconisp.com, within three (3) days from the date of event giving rise the requested Service Credit and in accordance with the terms of this SLA. Failure to request a Service Credit in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Service Credit under this SLA in respect of the event giving rise to such Service Credit. Notwithstanding anything in the Agreement to the contrary, the maximum total Service Credit for any calendar month, including all refunds, guarantees, warranties and other service level agreements Customer may have with ICON Solutions, Inc, shall not exceed one hundred percent (100%) of Customer’s monthly recurring fee for Products and Services during such month.

  4. Scheduled Maintenance: Customer hereby acknowledges that ICON Solutions, Inc may, from time to time, perform maintenance service on ICON Solutions, Inc (ICONISP.COM) network, with or without notice to Customer, which may result in the unavailability of ICON Solutions, Inc (ICONISP.COM) network. Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Network Downtime Event or qualify for any Service Credit. Customer must subscribe to ICON Solutions, Inc’s outage mailing list and provide accurate and timely information in ICON Solutions, Inc’s customer portal in order for ICON Solutions, Inc to notify Customer of all Scheduled Maintenance. Customer’s failure to subscribe to ICON Solutions, Inc’s outage mailing list or to provide accurate and timely information on ICON Solutions, Inc’s customer portal may result in the forfeiture of any Service Credit based on downtime or unavailability arising from Scheduled Maintenance for which Customer did not receive timely notice. Emergency maintenance and maintenance for which ICON Solutions, Inc has not given Customer notice in accordance with this SLA shall not be deemed Scheduled Maintenance for purposes of this SLA.

  5. DISCLAIMER: Customer hereby acknowledges that ICON Solutions, Inc’s ability to provide Products and Services and technical support to Customer and to manage any server owned or controlled by or leased to Customer is contingent upon ICON Solutions, Inc’s ability to connect ICON Solutions, Inc (ICONISP.COM) network to such server and monitor such server. In the event that Customer substantially impairs ICON Solutions, Inc’s ability to connect ICON Solutions, Inc (ICONISP.COM) network to any server owned or controlled by or leased to Customer, including, but not limited to, through the installation of software, including, but not limited to, firewall software or load balancing software, or through the configuration of such server, then ICON Solutions, Inc shall have no obligation to provide Products and Services or technical support services or any of the services provided for in this SLA for such server and Customer shall not be entitled to any Service Credit under this Agreement with respect to such server. If Customer requests technical support services or management services for a server for which Customer has impaired the ability of ICON Solutions, Inc to connect ICON Solutions, Inc (ICONISP.COM) network to such server, ICON Solutions, Inc shall provide such technical support services or management services as professional services on a time and material basis and Customer shall be billed at ICON Solutions, Inc’s then-current professional services rate. ICON Solutions, Inc shall not be liable for the failure or delay in performing its obligations hereunder or under the Agreement if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of ICON Solutions, Inc’s products and services (each, a “Force Majeure Event”). ICON Solutions, Inc agrees to exercise reasonable efforts to mitigate the damage arising from Force Majeure Event; however, under no circumstances will ICON Solutions, Inc or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions. In no event shall ICON Solutions, Inc or its affiliates be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services. Customer acknowledges and agrees that the receipt of a Service Credit as provided for in this SLA constitutes Customer's sole and exclusive remedy, and ICON Solutions, Inc’s sole and exclusive liability, for any failure of ICON Solutions, Inc (ICONISP.COM) network or failure by ICON Solutions, Inc to provide Customer with the products and services purchased by Customer in accordance with the Agreement which results from a Qualified Downtime Event. ICON SOLUTIONS, INC RESERVES THE RIGHT TO AMEND, MODIFY OR TERMINATE THIS SLA, THE AUP, THE PRIVACY POLICY AND THE TERMS OF SERVICE FROM TIME TO TIME, AND A CUSTOMER’S USE OF ICON SOLUTIONS, INC’S PRODUCTS AND SERVICES AND ICON SOLUTIONS, INC (ICONISP.COM) NETWORK AFTER ANY SUCH AMENDMENT, MODIFICATION OR TERMINATION OF THIS SLA, THE AUP, THE PRIVACY POLICY OR THE TERMS OF SERVICE IS POSTED ON THE LEGAL DEPARTMENT PAGE OF ICON SOLUTIONS, INC’S WEBSITE (WWW.ICONISP.COM) WILL CONSTITUTE THE CUSTOMER’S ACCEPTANCE OF ANY SUCH AMENDMENTS, MODIFICATIONS OR TERMINATION.

Domain Registration

  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.com Co., and "Services" refers to the domain name registration services provided by us as offered through ICON Solutions Inc, 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. ong>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. ong>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. 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 thirty-five (35) 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. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.
    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 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.
  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 and postal address (or, if different, that of the domain name holder); (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.com Co.
    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. 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.
  27. INFANCY. You attest that you are of legal age to enter into this Agreement.
  28. 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.
  29. 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.tucows.com/privacy.html
  30. 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. TLD'S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
    • .com/net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
      • 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;
      • 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.
    • .org Domains: In the case of a ".org" registration, the following terms and conditions will apply:
      • 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;
      • 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.
    • .info Domains: In the case of a ".info" registration, the following terms and conditions will apply:
      • 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;
      • 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;
      • 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;
      • Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
    • .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply:
      • .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.
      • 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.
      • 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.
      • 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").
      • 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.
      • 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.
      • 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.
    • .name Domains. In the case of a ".name" registration, the following terms and conditions will apply:
      • .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.
      • .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.
      • 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. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. 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.
      • 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.
      • 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.
      • 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.
      • 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
      • 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.
      • 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.
      • 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.
      • 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.
    • .at Domains. In the case of a ".at" registration, the following terms and conditions will apply:
      • 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.
    • .be Domains. In the case of a ".be" registration, the following terms and conditions will apply:
      • 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.
      • 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 at http://www.dns.be/en/home.php?n=53.
    • .ca Domains. In the case of a ".ca" registration, the following terms and conditions will apply:
      • 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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.
      • 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.
      • Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
      • 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 at http://www.cira.ca/en/doc_Registrar.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 agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • 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, it's failure or refusal to renew a domain name registration, it's registration of a domain name, it's failure or refusal to renew a domain name registration, it's renewal of a domain name registration, it's failure or refusal to transfer a domain name registration, it's transfer of a domain name registration, it's failure or refusal to maintain or modify a domain name registration, it's maintenance of a domain name registration, it's modification of a domain name registration, it's failure to cancel a domain name registration or it's cancellation of a domain name registration from the Registry;
    • .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
      • 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.verisign.com/information-services/naming-services/cctlds/page_042130.html. Please take the time to familiarize yourself with this policy.
      • 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.
    • .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply:
      • 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.
      • 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.
    • .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
      • "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;
      • "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;
      • "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.
      • Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to: (A) be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC"); (B) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; (C) harm national honour and national interests of the PRC; (D) instigate hostility or discrimination between 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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 at http://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.
      • 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.
      • 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.
      • 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.
    • .de Domains. In the case of a ".de" registration, the following terms and conditions will apply:
      • 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.
      • 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.
      • 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 Guidelines http://www.denic.de/en/richtlinien.html; German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
    • .eu domains. In the case of a ".eu" registration, the following terms and conditions will apply:
      • 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.
      • 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/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_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.
      • 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.
    • .fr Domains. In the case of a ".fr" registration, the following terms and conditions will apply:
      • 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.
      • 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.
      • 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.
      • 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.
    • .it Domains. In the case of a "it" registration, the following terms and conditions shall apply:
      • 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.
      • 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.it/NA/regole-naming-curr-engl.txt. 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. Additional policies, including transfer procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.
    • .nl Domains. In the case of a ".nl" registration, the following terms and conditions shall apply:
      • 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.
      • 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: http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html. 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 http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html. 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.
    • .tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply:
      • 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/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
      • 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 at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html" and expressly agree to the terms outlined therein.
    • .uk Domains. In the case of a .uk registration, the following terms and conditions will apply:
      • "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
      • 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://resellers.tucows.com/contracts/uk/ukterms. 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.
      • 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.
    • .us Domains. In the case of a ".us" registration, the following terms and conditions will apply:
      • "DOC" means the United States of America Department of Commerce.
      • ".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/policies/docs/ustld_nexus_requirements.pdf.
      • 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.
      • 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.
      • 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/policies/docs/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/policies/docs/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.
      • 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.
      • Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
      • 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;
      • In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/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.
      • 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.
    • .asia Domains. In the case of a .asia registration, the following terms apply:
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
    • .li Domains. In the case of a .li registration, the following terms and conditions shall apply:
      • 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.
      • 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.
    • .me Domains. In the case of a .me registration, the following terms and conditions shall apply:
      • 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.me/index.php?page=25. 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.
      • 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 at http://www.nic.me/index.php?page=25. Please take the time to familiarize yourself with this policy.
    • .tel Domains. In the case of a .tel registration, the following terms and conditions shall apply:
      • 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.
    • .mobi Domains. In the case of a .mobi registration, the following terms and conditions shall apply:
      • 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://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.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.
  32. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
    • Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry:
      • Contactprivacy.com shall appear as the Registrant and Contacts name(s); (ii) Tucows' postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s); (iii) The primary and secondary nameservers shall be those designated by the Registrant; (iv) The original date of registration and the expiration of each domain name; (v) Tucows will be identified as the registrar of record.
    • 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.
    • 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.
    • 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.
    • We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
    • 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 according to the instructions of the Registrant as they appear in our 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.
    • 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.
    • 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.

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.

Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at <URL> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Privacy Policy

ICON Solutions, Inc . (together with its subsidiaries and affiliates, “ICON Solutions, Inc”), respects the privacy and security of its customers and users of its website. ICON Solutions, Inc strives to provide you with a personalized internet experience that delivers to you the information, products and services that you need. In order to achieve this goal, ICON Solutions, Inc sometimes collects information during your visits to our website. We will not disclose this information to any person or organization outside ICON Solutions, Inc, except as described in this Privacy Policy. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

We have prepared this Privacy Policy to enable you to understand which personal identifying information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.

Information We Collect

ICON Solutions, Inc collects certain information from and about its users three ways: (i) from our web server logs, (ii) with cookies and (iii) directly from the user.
Web server logs: When you visit our website, ICON Solutions, Inc may collect information to administer the site and analyze its usage. ICON Solutions, Inc may collect information such as:

  • your Internet protocol address ;
  • the type of browser or computer you use;
  • the number of links you click within our website;
  • the state or country from which you accessed our website;
  • the date and time of your visit;
  • the name of your Internet service provider;
  • the Web page from which you linked to our website; and
  • the pages you viewed on our website

Cookies: ICON Solutions, Inc’s website use cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on ICON Solutions, Inc’s website.
Personal information users give us: On some pages of our website, users can register to purchase products or services, receive personalized content and participate in surveys or forums. When you register, ICON Solutions, Inc may ask you for some personal information.

If you're purchasing products or services, we may also request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for your name, address, e-mail address or telephone number. We may then contact you with information about ICON Solutions, Inc’s products and services.

As a security measure and to ensure that our website and computer network remain available to all customers, ICON Solutions, Inc may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our website and computer network.

You may also be asked to disclose personal information to us so that we can provide technical support assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Finally, some pages of ICON Solutions, Inc’s website may make chat rooms, forums, message boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing personal information in these areas. Don't disclose information in these public forums that might be considered confidential – such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose personally identifiable information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on such sites and are beyond the control of ICON Solutions, Inc.

How We Use Your Information

ICON Solutions, Inc uses the information we collect to notify you about your account and to notify you about changes to the terms and conditions governing your use of our website, products and services. We may also use the information we collect to notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and special offers by “opting-out” as provided for below.

ICON Solutions, Inc may also provide aggregate information about our customers, this website’s traffic patterns and related website usage information to our affiliates and reputable third parties, but this information will not include personally identifying data. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

If you don't want to receive promotional materials from ICON Solutions, Inc or our marketing partners, you may opt out at any time. You may "opt out" by clicking on the box marked "I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM ICON SOLUTIONS, INC" when you register for an account or at any time afterwards by contacting us at info@iconisp.com. Upon properly opting-out, ICON Solutions, Inc will take reasonable efforts to delete a user's personal information from its database. However, please note that it may be impossible to entirely delete a user's information because some residual information may reside on backups or records of deletions.

How We Protect Your Information

ICON Solutions, Inc uses technical security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Access to Your Information

ICON Solutions, Inc will share or disclosure your personal data in four ways:

  • as required by law, in a matter of public safety or policy, or as compelled by a court of law;
  • with other affiliates or partners of ICON Solutions, Inc (as described above);
  • with agents and contractors who use such information on behalf of ICON Solutions, Inc or in connection with administering or delivering products and services on behalf of ICON Solutions, Inc; and
  • as needed in connection with the transfer of business assets.

Links to Other Websites

ICON Solutions, Inc’s website contain links to sites maintained by other companies that are not affiliated with ICON Solutions, Inc. We are not responsible for the privacy practices or the content of those sites, and we encourage you to use caution when visiting them. In particular, we recommend you view the privacy policy posted on each site.

How to Correct Inaccuracies
If you've registered with our website, you can access and update your information online at the https//controlpanel.iconisp.com:8443. Otherwise, you may contact us at info@iconisp.com.

Privacy Policy Changes
ICON Solutions, Inc hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on ICON Solutions, Inc’s website.

Questions If you have any comments or questions regarding this Privacy Policy please contact ICON Solutions, Inc via email at legal@iconisp.com.



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