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TulsaConnect Privacy Policy

Your privacy is very important to us. Please read this policy carefully.

TulsaConnect Internet Services ("TCIS") provides various Internet services ("Services") to both Individuals and Businesses ("Customers"). During the normal course of providing these services, TCIS may collect information from our Customers of a private nature. This Privacy Policy explains how TCIS collects such information, how we protect that information, and what we do and do not use the information for.

Information We Collect

Anyone may visit our web site without revealing any personal information ("Visitor"). Visitors may freely utilize the public areas of our web site without providing any information to TCIS. Should a Visitor choose to sign up for Services via our web site, all personal information collected during the sign up process will be passed to TCIS staff securely via SSL encryption.

TCIS maintains web server traffic logs. Web server logs provide such information as what types of browsers are accessing our site, what pages receive high traffic, and how people are being referred to our site. We do not use this information to personally identify you.

TCIS collects basic information such as first and last name, physical address, phone numbers, username/password choices, and payment information from all Customers at time of service activation. Payment information may include credit card information or bank account routing information. WE DO NOT RECOMMEND that new Customers submit this information via unsecured E-mail, rather, we ask that the information be submitted either via telephone or securely on our web site via the appropriate form.

A cookie is an element of data that a web site can send to your browser which may then be stored on your system. Some TCIS pages use cookies to tailor our web site to your preferences or needs. We do not use cookies or similar technology to cross-relate, track the surfing habits, or in any other way monitor the activities of our visitors or customers. Note that some services provided on the TCIS Web site require the use of cookies.

How We Use This Information

The primary use of the information we collect is to provide the Customer with the requested Services. We may also use the information to:

  • Make the TCIS web site easier for you to use by not having to enter information more than once.
  • Help us customize content on our web site most relevant to you.
  • Notify you or other members of your household, business, or organization about important news concerning TCIS, including new products and services, product updates and technical support issues, and special offers we think you may be interested in.

We may share some of the information you provide with other TCIS entities and/or business partners who are acting on our behalf. Any communication from such sources will clearly identify themselves as TCIS entities/partners.

How We Do Not Use this Information

TCIS WILL NOT SELL, RENT OR LEASE YOUR PRIVATE INFORMATION TO OTHERS.
This includes but is not limited to your E-mail address information. We have strict anti-spam policies, and we protect our Customers from unwanted solicitations by keeping your contact information private. We also encourage the use of anti-spyware technology such as AdAware to remove unwanted monitoring of your online activities by third-party programs.

Data Security

TCIS is concerned about the security of your information. To prevent unauthorized access or disclosure, maintain data integrity, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We use 128-bit SSL encryption technology when collecting or transferring sensitive data such as credit card information online.

External Links

Links to third-party web sites from the TCIS web site are provided solely as a convenience to you. If you use these links, you will leave the TCIS site. We have not reviewed these third-party sites and do not control them. TCIS does not assume responsibility for any of these sites, their content, or their privacy policies. TCIS does not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the TCIS site, you do so at your own risk.

Public Forums

Please remember that any information you may disclose on USENET Newsgroups, web site message boards, or chat rooms becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Consent

TCIS may use and share the information you provided to us in ways related to those described above. We reserve the right to disclose any and all pertinent customer information to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.

Your Acceptance

By using the TCIS web site or other Services, you signify your agreement with the terms of this Privacy Statement. TCIS may amend its privacy policy at any time. TCIS will post the revised Privacy Statement on its web site. It is your responsibility to review this statement from time to time as continued use of this web site or TCIS Services following an amendment signifies your acceptance of the terms of the new Privacy Statement.

Please direct comments or questions about our website to webmaster@tulsaconnect.com

User Agreement (Terms of Service)

1. Introduction

This document serves as an agreement between TulsaConnect Internet Services ("TCIS") and all direct or indirect users ("Customer") of TulsaConnect's Internet services ("Service" or "Services"). TCIS may make changes to this agreement from time to time, so please check back often.

2. Acceptance

Unless otherwise agreed to in writing by TCIS, your use of Service signifies acceptance of and agreement to be bound by this agreement. You may not use Service unless you agree to be bound by the Terms and Conditions that follow.

3. Services Provided
  1. TCIS provides certain Services, including but not limited to Dial-Up, ISDN, DSL, Dedicated line, Web Hosting, and Collocation. We provide these Services to the best of our ability, but make no warranties or claims to the suitability of the Service to the Customer's requirements.
  2. The Services are provided on an "as is" and "as available" basis. TCIS does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. TCIS reserves the right to refuse service to Customer for any reason.
  3. There is no Service Level Agreement (SLA) regarding Service unless provided to Customer as part of a written Agreement. Customer acknowledges that access performance is influenced greatly by many factors outside of TCIS's influence including but not limited to poor public switched telephone network (PSTN) service, slow response times from telephone carriers, and Internet transit through third party networks.
4. Privacy

Please refer to our Privacy Policy.

5. Payment
  1. Customers must provide TCIS with accurate billing information, including legal name, address, telephone number, and credit card/debit card information. It is the Customer's responsibility to notify TCIS of any changes to this information.
  2. Charges for Service are billed monthly, quarterly, or yearly depending on Customer preference. Customers may pay these charges via credit card, debit card, electronic funds transfer, certified check, cashier's check, bank draft, or check. TCIS is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, banking fees or charges, etc) resulting from charges billed by TCIS.
  3. Services paid for via credit card, check, or direct transfer method will be charged on the Service Activation Anniversary Date. For example, Customers that activated Service on the 1st of the month that pay monthly will be charged on the 1st of each month. Customers that activated Service on the 15th of the month that pay monthly will be charged on the 15th of each month. All customer Invoices will reflect all payment terms and conditions.
  4. Delinquent accounts are subject to suspension or termination at TCIS's sole discretion. Suspension or termination of Service by TCIS in accordance with these Terms and Conditions shall not relieve Customer from the financial obligations created by use of Service.
6. Cancellation

Customer may cancel Service at any time and for any reason by providing notice of intent to cancel to TCIS by:

  1. Telephone calls directed to our Billing Department at 918-584-1100, Option 4
  2. Postal mail addressed to:
         TulsaConnect Internet Services
         ATTN: Billing Department
         110 W. 7th St, Suite 302
         Tulsa, OK 74119
  3. Fax directed to 918-582-5776
  4. E-Mail directed to billing@tulsaconnect.com

Upon acceptance of cancellation a cancellation number will be issued to Customer by TCIS.

Your cancellation is not valid until you have a cancellation number.

In the case of month-to-month service, you will be required to pay for the 30 day service period in which your cancellation was accepted. Unpaid balances accrued prior to your cancellation will still apply after you receive a cancellation number. No refunds will be given. Customers under term contract will be held to the Termination section of the Services Agreement to which they have agreed. TCIS reserves the right to terminate month-to-month service at any time for any reason.

7. Limitation of Liability

THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TCIS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCIS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES. NO ADVICE OR INFORMATION GIVEN BY TCIS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TCIS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET. TCIS'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY THE CUSTOMER TO TCIS FOR ONE MONTH OF SERVICE.

Use of Service is governed by and subject to the laws of the State of Oklahoma. Any lawsuit regarding these Terms and Conditions must be filed in the courts of Tulsa County, Oklahoma.

Acceptable Use Policy

1. Introduction

TCIS supports the unregulated, free flow of information over the Internet and does not actively monitor use of the Services. Any content hosted on TCIS servers, such as personal website files, commercial websites, and any content hosted on servers within the TCIS Data Center must comply with local, state, and federal laws. We may remove or ask Customer to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which otherwise may violate this agreement.

2. Acceptable Use Policy
  1. Illegal Activity - Customer may not use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law.
  2. Fraudulent Activity - Customer may not use the Service to commit fraudulent transactions. This includes forgery of signatures, online identity, or "identity theft". This does not include providing misleading E-mail addresses in Newsgroup, Chat Rooms, and other Internet areas to protect your own identity and/or avoid spam collectors.
  3. Harm to minors - Customer may not use the Services to harm, or attempt to harm, minors in any way.
  4. Harassment and Threats - Customer may not use the Service to harass or threaten another.
  5. Unauthorized access or "cracking" - Customer may not use the Service to access, or to attempt to access, the private information of others, or to penetrate, or attempt to penetrate, security measures of TCIS's or another entity's computer software or hardware systems, whether or not the intrusion results in the successful access of unauthorized data. This includes unauthorized "port scanning" of TCIS's or another entity's systems.
  6. Unsolicited Commercial E-mail / Spam - Customer may not use the Service to transmit any Unsolicited Commercial E-mail (UCE) aka "Spam", regardless of number of messages sent or message content. UCE/Spam is defined as any commercial solicitation sent via E-mail by Customer to another party that did not expressly ask to receive it ("opt-in"). Customers that have purchased "opt-in" lists of E-mail addresses are required to contact TCIS before Customer sends E-mail to the lists.
  7. Internet Servers - Internet Servers are defined as any software or hardware designed to serve content to others on the Internet, usually (but not always) requiring the use of a fixed, or "static" IP address. This includes Web, E-mail, DNS, News, and Gaming Server software.
  8. Residential Customers - Residential Customers may run Internet Servers as long as they are utilized for personal use only and are not used to run, support, or otherwise promote business products or services. TCIS, at its sole discretion, will determine what constitutes personal vs. business use.
  9. Business Customers - Business Customers may run Internet Servers as long as the account type chosen allows for this service.
  10. Reselling - Customer may not use the Service to provide Internet access or transit services to third parties for resale or otherwise unless appropriate Reseller account is purchased and agreed to in writing by TCIS. This condition shall not prevent Customer from providing Web, Application or E-mail hosting services over Dedicated Access lines (i.e., Dedicated Dial-Up, ISDN, DSL, T1) or via Customer Collocation or Dedicated Server that is located in the TCIS Data Center.
  11. Usenet/Message Board/Chat Room Use - Customer may not use the Service to post material to a Newsgroup, Message Board, or Chat Room that violates the charter, or rules, of the Newsgroup, Message Board, or Chat Room. Multiposting and cross posting to more than 10 Newsgroups is prohibited.
  12. Malicious Activity - Customer may not use the Service for any activity that adversely affects the ability of others to use the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.
  13. Security - It is the Customer's responsibility to ensure that their network devices or computers are configured in a secure manner. Customer may not, through action or inaction, allow others to use their computers or network devices for illegal or inappropriate activity. Necessary steps to prevent this activity includes securing proxy servers to prevent "bounce" attacks, changing the "default" passwords on all Internet-accessible network devices such as DSL routers, and staying current with all appropriate software patches, firmware upgrades, etc necessary to operate on the Internet securely.

Domain Name Registration Agreement

  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 TulsaConnect, LLC, 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. 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. 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 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, 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. 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 have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may 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 may also 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:
(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;
(ii) 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.
(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 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;
(ii) 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.
(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) 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;
(iv) 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.
(vii) 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.
(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. 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.
(xi) 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.
32. ccTLD’S
(a) .at Domains. In the case of a “.at” registration, the following terms and conditions will 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.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.
(b) .be Domains. In the case of a “.be” registration, the following terms and conditions will 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.dns.be/en/home.php?n=51. 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 .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.
(c) .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;
(d) .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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml. 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.
(e) .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.
(f) .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.
(g) .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;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:
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
(h) .eu domains. In the case of a “.eu” registration, the following terms and conditions will apply:
(i) 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.
(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. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/en/general/launch. 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.
(iii) 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.
(i) .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.
(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.
(j) .it Domains. In the case of a “it” registration, the following terms and conditions shall apply:
(i) 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.
(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.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.
(k) .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: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_
of_nl_domain_names.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.
(l) .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.
(m) .uk Domains. In the case of a .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.nominet.org.uk/disputes/. 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/registrants/legal/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.
(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.
(n) .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;
(E) 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.
(v) 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.
(vi) 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.
(vii) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
(viii) 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;
(ix) 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.
(x) 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.
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry:
(i) 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.
(b) 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.
(c) 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.
(d) 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.
(e) We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
(f) 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.
(g) 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.
(h) 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.

TulsaConnect Broadband Policy

MBO DATA, L.L.C. d/b/a TULSACONNECT
BROADBAND INTERNET SERVICE DISCLOSURES

Updated September 19, 2012

Consistent with FCC regulations, TulsaConnect provides this information about our broadband Internet access services. We call these services our “High Speed Internet Service”. We welcome questions or comments about this information. You may contact us at:

TulsaConnect
110 West 7th Street
Suite 302
Tulsa, OK 74119
918-584-1100
Email: support@tulsaconnect.com

NETWORK PRACTICES

General description

We provide High Speed Internet Service to business and residential customers. We provide the service over third-parties’ lines connecting to the Internet and third-parties’ lines connecting to end users. We also contract with one or more companies for certain network monitoring and management services. We monitor network and traffic patterns and make changes we deem necessary to manage and improve overall network performance. We use reasonable, nondiscriminatory, network management practices to improve overall network performance to ensure a high-quality online experience for all users. Our network management practices do not target any specific content, application, service, or device. As network management issues arise and as technology develops, we may employ additional or new network management practices. We will update these disclosures as necessary.

Related documents and disclosures

Use of our High Speed Internet Service is also governed by:

Congestion management

We describe in this section network management practices used to address congestion on our network.

Network monitoring

We monitor our network for utilization trends. We receive regular reports showing changes in network traffic and congestion. We use this information to plan increases in bandwidth available, port additions, or additional connectivity to the Internet.

Types of traffic affected. Our congestion management practices potentially affect all network traffic, but do not target any specific content, application, service, or device.

Purposes of congestion management practices

The goal of our congestion management practices is to enable better network availability and speeds for all users. Our congestion management practices serve to:

  • Help us adapt and upgrade our network to maintain or improve network performance as demand for our High Speed Internet Service increases.
  • Help us adapt and upgrade our network to maintain or improve network performance as demand for higher bandwidth applications increases.
  • Help us indentify potential bandwidth abusers who use substantially disproportionate amounts of bandwidth.

Congestion management criteria

Network monitoring: Our network monitoring provides data to help us plan upgrades to our equipment, technology, and connectivity to the Internet. As demand for our High Speed Internet Service increases, and as demand for higher bandwidth applications increases, we monitor effects on performance and plan upgrades.

Effects on end user experience: Periods of high network demand may result in Internet traffic congestion. End users may experience reduced bandwidth availability or speed during these times.

Typical frequency of congestion: Congestion tends to occur during periods of peak demand for higher bandwidth applications. Generally, the frequency of congestion tends to increase during weekday business hours.

Application-Specific Practices

This section discloses any application-specific practices we use.

  • Management of specific protocols or protocol ports. To protect the security of our network and our customers, we block known hostile ports.
  • Modification of protocol fields. Not applicable.
  • Applications or classes of applications inhibited or favored. Not applicable.

Device Attachment Rules

This section addresses any limitations on attaching lawful devices to our network.

General restrictions. We provide our High Speed Internet Service over third-parties’ lines connecting to end users. We place no general restrictions on lawful devices that a customer may connect to the network, so long as the device is: (i) compatible with our network and the third party’s network; and (ii) does not harm our network, the third party’s network, or other users. Our High Speed Internet Service works with most types of PCs and laptops including Macs, and other Internet-compatible devices. If a wireless router is connected to our High Speed Internet Service, wireless Internet compatible devices including computers, tablets, smartphones, and other devices can connect to the network. If a customer or potential customer believes they have an unusual configuration, a customer can contact us and we will use reasonable efforts to help determine if there is a compatibility problem.

Digital Subscriber Line (DSL) equipment. To use our High Speed Internet Service delivered via DSL, a customer must have a DSL modem. The customer’s computer or other Internet-enabled device is connected to the DSL modem through a NIC for a wired connection. Some DSL modems can also transmit a Wi-Fi signal for connecting wireless devices to the network. For DSL modems that do not transmit a Wi-Fi signal, a customer can attach a wireless router to the DSL modem for connecting wireless devices. Our technicians will assist in configuring supported routers or modems over the telephone, or you may bring the equipment to our offices and we will configure it.

Network and End User Security

This section provides a general description of the practices we use to maintain security of our network.

Practices used to ensure end user security, including triggering conditions

  • Hostile port blocking: We block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.
  • Virus and spam filtering: We filter email traffic for virus activity and spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or any intended recipient.

Practices used to ensure security of the network, including triggering conditions

  • Hostile port blocking: We block known hostile ports to prevent unwanted files, browser hacking, and virus attacks.
  • Virus and spam filtering: We offer email and personal web site hosting. We filter email traffic for virus activity and spam using industry standard virus scanning and prevention techniques.

PERFORMANCE CHARACTERISTICS

General Service Description

Our High Speed Internet Service enables commercial subscribers to access all lawful content, applications, and services of their choice available on the Internet.

Service technology

Our High Speed Internet Service is delivered using a Digital Subscriber Line (DSL) technology. Our DSL Internet service uses a third-party’s copper lines and a DSL compatible modem. The DSL modem connects to a customer’s computer or other Internet-enabled device through a Network Interface Card for a wired connection. Some DSL modems can also transmit a Wi-Fi signal for connecting wireless devices to the network. For DSL modems that do not transmit a Wi-Fi signal, a customer can attach a wireless router to the DSL modem for connecting wireless devices.

Expected and actual speeds and latency

Expected performance. We offer customers a variety of High Speed Internet Service levels. We provide a description of the expected maximum transfer speeds associated with each service level in our Business DSL Overview, available at www.tulsaconnect.com/connectivity_services.php.

Speed. The speeds we identify for each High Speed Internet Service level are the maximum upload and download speeds that customers are likely to experience. We provision our customers’ modems and engineer our network to deliver the speeds to which our customers subscribe. However, we do not guarantee that a customer will actually achieve those speeds at all times. A variety of factors can affect upload and download speeds, including customer equipment, network equipment, network congestion, performance issues with an Internet application, content, or service, and more.

Latency. Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer's computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.

Actual speed and latency performance. Actual speed and latency may vary depending upon network conditions and other factors. Because our High Speed Internet Service is provided over a third-party’s lines connecting to end users, actual performance depends on that party’s network. We have no control over actual speed and latency performance. Actual performance of our High Speed Internet Service in most cases will conform to national wireline broadband Internet speed and latency levels reported by the FCC. The FCC has reported that customers of DSL-based broadband Internet services receive mean download speeds that are within 84% of advertised speeds during peak hours, and 24-hour average speeds within 87% of advertised speeds. In addition, the FCC has reported that these same customers experience average latency of 43 milliseconds.

Suitability of the Service for Real-time Applications. Our High Speed Internet Service is suitable for typical real-time applications including messaging, voice applications, video chat applications, gaming, and Internet video. If users or developers have questions about particular real-time applications, please contact us at support@tulsaconnect.com.

Specialized Services

Specialized services offered to end users. We offer specialized services, sharing network capacity with other high-speed Internet services. Specialized services include data hosting.

Effects of specialized services on availability and performance of broadband Internet access service. Our specialized services have no effect on the availability and performance of our High Speed Internet Service.

COMMERCIAL TERMS

Prices. Pricing for our standard one-year terms is available at www.tulsaconnect.com/connectivity_services.php. For pricing of non-standard terms, please contact us at sales@tulsaconnect.com.

Usage-based fees. Not applicable.

Fees for early termination. We may charge early termination fees under certain circumstances. See User Agreement, available at www.tulsaconnect.com/legal.php.

Fees for additional network services. We offer a host of additional services to our commercial customers. You can find more information and pricing for these services at http://www.tulsaconnect.com

Privacy Policies

Inspection of network traffic. We routinely monitor network and traffic patterns.

Virus and Spam filtering: We filter e-mail traffic for virus activity and spam using industry standard virus scanning and prevention techniques. Should an e-mail message be found to contain a virus or other harmful content, the message will be deleted without notification given to either the sender or any intended recipient.

Storage of network traffic information: A static IP address is an address tied to a single account. Static IP addresses do not change. We maintain IP address information for each account until the account is deleted.

Provision of network traffic information to third parties: We do not disclose High Speed Internet Service customer or use information to third parties except: (i) as necessary to provide our High Speed Internet Service and to manage the network; or (ii) in response to law enforcement requests, court order, or as otherwise required or authorized by law.

Use of network traffic information for non-network management purposes: We do not use network traffic information for non-network management purposes.

Redress Options

Practices for resolving end-user and edge provider complaints and questions: End users or edge providers with complaints or questions relating to these disclosures should contact: support@tulsaconnect.com

Questions: We will endeavor to answer questions promptly via e-mail or telephone.

Complaints: We will provide an initial response in writing within 15 business days of receipt. We will attempt to resolve complaints informally, escalating the matter to senior management if needed.

DMCA Policy

Copyright Infringement Policy

We comply with the Online Copyright Infringement Liability Limitation Act of 1998 (“Act”). As required by the Act, we have adopted a policy to suspend or terminate services to account holders or subscribers who repeatedly infringe copyrights. We reserve the right to terminate service to a subscriber or account holder after receiving repeat notices of copyright infringement on the account. We accommodate and do not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

In accordance with the Online Copyright Infringement Liability Limitation Act, 17 USC § 512(c)(2), we have filed with the United States Copyright Office the necessary designated agent information to facilitate notice of alleged online copyright infringement on our network. Our designated agent for notification of alleged copyright infringement and counter notification is:

Subsentio 14900 Bogle Drive Chantilly, VA 20151 Phone: 877-510-4357 Email: copyright@cimtel.net