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gTLD Registration Agreement
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In order to register a domain, you must agree to:
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1. AGREEMENT. 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 Point Clark Networks, the Registration
Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable TLD or ccTLD. This
Agreement explains our obligations to you, and explains your obligations to us for the
Services. By agreeing to the terms and conditions set forth in this Agreement, you are
also agreeing to be bound by the rules and regulations set forth by a registry for that
particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name registration, even if an
inquiry indicates that a domain name is available at the time of your application for same.
You represent that, to the best of the your knowledge and belief, neither the registration
of the 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.
3. FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees prior to the effectiveness of a desired domain name registration
or any renewal thereof. All fees payable hereunder are non-refundable even if your
domain name registration is suspended, cancelled or transferred prior to the end of your
current registration term. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as required by the
registration process, and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as account
information ("Account Information"). You represent that the Account Information and
all other statements put forth in your application are true, complete and accurate. Both
Tucows and each registry reserves the right to terminate your domain name registration
if: (i) information provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update
and keep your Account Information true, current, complete, accurate and reliable. You
acknowledge that a breach of this Section 3 will constitute a material breach of our
Agreement which will entitle either us or a registry to terminate this Agreement
immediately upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of registration or
any renewal thereof. Should the domain name be transferred to another registrar, the
terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice
of registering and administering domain names is constantly evolving; therefore, you
agree that Tucows may modify this Agreement, or any other related and/or applicable
agreement, as is necessary to comply with its agreements with ICANN, a registry or any
other entity or individual, as well as to adjust to changing circumstances. 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 GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
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 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. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by us, may be
considered by us to be a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not be deemed to be
excused simply because we did not act earlier in response to that, or any other breach by
you.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 authorities are the complete and exclusive agreement between you and us
regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal age to enter into this Agreement.
27. 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.
28. 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
29. 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.
30. TLD'S. The following additional provisions apply to any domain names that
you register through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com" or ".net" registration, the
following terms and conditions will apply:
(i) 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.
(b) .org Domains: In the case of a ".org" registration, the following terms
and conditions will apply:
(i) 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.
(c) .info Domains: In the case of a ".info" registration, the following terms
and conditions will apply:
(i) 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.
(ii) 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.
(iii) 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.
(d) .biz Domains. In the case of a ".biz" registration, the following terms
and conditions will apply:
(i) .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.
(ii) 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.
(iii) 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.
(iv) 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").
(v) 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.
(vi) 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.
(e) .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
(i) .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.
(ii) .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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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://resellers.tucows.com/opensrs/legal. Please take the time to familiarize
yourself with this policy. In addition, 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.
(viii) 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.
(ix) 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.
(x) 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.
31. ccTLD'S
(a) .ca Domains. In the case of a ".ca" registration, the following terms and
conditions will apply:
(i) 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.
(ii) 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.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and procedures.
(iv) 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.
(v) 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;
(b) .cc Domains. In the case of a ".cc" registration, the following terms and
conditions will apply:
(i) 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.nic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy.
(ii) 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.cc. 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.
(c) .ch Domains. In the case of a ".ch" registration, the following terms and
conditions shall apply:
(i) 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.
(ii) 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.
(d) .cn Domains. In the case of a ".cn" registration, the following terms and
conditions shall apply:
(i) "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;
(ii) "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;
(iii) "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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.
(ix) 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.
(x) 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.
(xi) 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.
(xii) 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.
(e) .de Domains. In the case of a ".de" registration, the following terms and
conditions will apply:
(i) 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;
(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.
(ii) 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.
(iii) 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:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.html
(f) .fr Domains. In the case of a ".fr" registration, the following terms and
conditions will apply:
(i) 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; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France; (or),
(III) who own a trademark registered with the National Intellectual Property Institute
or own a registered EU or international trademark which expressly includes French
territory.
(ii) 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.
(iii) 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:
www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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.
(g) .nl Domains. In the case of a ".nl" registration, the following terms and
conditions shall apply:
(i) 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.
(ii) 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
www.domain-registry.nl/sidn_english/flat/ General/Rules/Regulations.
(iii) 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 www.domain-
registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_n
ames/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.
(h) .tv Domains. In the case of a ".tv" registration, the following terms and
conditions will apply:
(i) 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.
(ii) 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.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In the case of a
co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and
conditions will apply:
(i) "Nominet UK" means the entity granted the exclusive right to administer the
registry for .uk domain name registrations.
(ii) 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.nic.uk/DisputeResolution/DrsPolicy/. Please take the time to familiarize yourself with this policy.
(iii) 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/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
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.
(iv) 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.
(j) .us Domains. In the case of a ".us" registration, the following terms and
conditions will apply:
(i) "DOC" means the United States of America Department of Commerce.
(ii) 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.
(iii) 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.
(iv) 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.
(A) 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:
(B) 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.
(C) 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.
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.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties you have agreed to indemnify
in Section 13 hereinabove.
(vii) 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;
(E) 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.
(viii) 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.
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.
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