SCHEDULE A
IP Claim Service
Terms Of Use
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TUCOWS, INC. (�REGISTRAR�) AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE MARK (�OWNER�) OR THE DULY AUTHORIZED AGENT OF AN OWNER (�AGENT�) (COLLECTIVELY, �YOU�).THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF USE REGARDING USE OF THE REGISTRAR�S INTELLECTUAL PROPERTY CLAIM SERVICE (THE �SERVICE�).
BY SELECTING �I AGREE,� BY USING THE SERVICE OR BY SIGNIFYING ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST DISCONTINUE ANY FURTHER USE.
You represent and warrant that You are at least eighteen (18) years of age or older and are either an Owner or an Agent duly authorized to represent an Owner(s) in connection with the Service and submitting an IP Claim on behalf of an Owner(s).Agent will indemnify and hold harmless Registrar and its officers, directors, employees, agents, affiliates and subcontractors for any claims brought by Owner or Third Parties relating to the use of the Service.
Registrar will accept IP Claims until July 9, 2001, or such later date as it may determine in its sole discretion (�Close of Phase I�) and no IP Claims will be accepted after that date.
From the Close of Phase I until September 25, 2001 (�Phase 2�), or such other later date as Registrar may choose, in its sole discretion, the domain name applications from ICANN-approved registrars (�Applications�) will be compared with the database of IP Claims processed through the Service (�IP Claim Database�).For each exact match between an IP Claim in the IP Claim Database and a domain name application, the Registry Operator for .Biz (�Registry Operator�) will notify the Applicant that a third party or third parties have submitted an IP Claim for the exact Trademark.The email notification to the Applicant will include, among other things, the information provided by Owner in the IP Claim, instructions on how to proceed with the registration process, and that if selected during the randomized name selection phase (�Name Selection Phase�), the domain name will be placed on a temporary thirty (30) day hold when the Registry goes �live.�The Applicant will have the option to proceed with the Application or cancel the Application.If the Applicant does not respond to the email notification, or elects to cancel the Application, the Applicant�s domain name application will not be processed during the Name Selection Phase.If the Applicant chooses to proceed with the registration process and the name is selected during the Name Selection Phase, that domain name automatically will be placed on a thirty (30) day �hold period� when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator if an Applicant has successfully registered the domain name.The Owner will then have the option of contacting the Applicant and finding a solution or using the guidelines set forth by a special dispute resolution process called the Start-up Trademark Opposition Policy (�STOP�)(formerly referred to as the Start-up Dispute Resolution Policy or �SUDRP�) (�information available at http://www.neulevel.com/countdown/stop.html, or the Uniform Domain-Name Dispute Resolution Procedures (�UDRP�) (information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM.REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
Registrar encourages you to download and print a reasonable number of copies of an IP Claim for non-commercial, internal use only; provided that (i)any permitted copies contain, in unmodified form, any copyright or other proprietary rights notices and an original source attribution to the Service; and (ii)no modifications are made except as may be expressly provided by Registrar.
THE SERVICE IS PROVIDED ON AN �AS IS, �AS AVAILABLE� BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES.YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
I AGREE I DO NOT AGREE
SCHEDULE B
Form of Registration Agreement
(i) the data provided in the domain name registration application is true, correct, up to date and complete,
(ii) 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;
(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) 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;
(v) you have the authority to enter into this Registration Agreement; and
(vi) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
(i) The Uniform Domain Name Dispute Resolution Policy (�Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution Policy (�SUDRP�), available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules (�RDRP�), available at http://www.neulevel.com/;
(collectively, �Dispute Policies�).
The SUDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name (�Registrant�) with any third party (other than Neulevel, Inc. (�Registry Operator�) or Tucows over the registration or use of a .biz domain name registered by you that is subject to the Start-up Intellectual Property Notification Service (�SIPNS�).� SIPNS is a service introduced by Registry Operator to notify a trademark or service mark holder (�Claimant�) that a second-level domain name has been registered in which that Claimant claims intellectual property rights.� In accordance with the SUDRP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
he 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.
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your RSP.
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 RSP.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.� We also reserve the right to suspend a domain name during resolution of a dispute.
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention:� Legal Affairs
and in the case of notification to you shall be to the address specified in
the �Administrative Contact� in your WHOIS record.