UK
Registration Agreement:
In order that a party may hold a valid .co
uk or .org uk domain name registration, TUCOWS, requires that all
registrants adhere to certain terms and conditions. As an organization or
individual applying to register, transfer or renew an .uk domain name via
the agency of DomainNameCom.com and/or TUCOWS you accordingly agree as
follows:
1. AGREEMENT. In this Registration
Agreement ("Agreement") , "we", us" and "our" refer to TUCOWS Inc. and
"Services" refers to the domain name registration, transfer or renewal
services provided by us as offered through DomainNameCom.com, the
Registration Service Provider ("RSP"). NOMINET UK shall refer to the entity
granted the exclusive right to administer the registry for .uk domain name
registrations.
2. SELECTION OF A DOMAIN NAME. 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 used infringes the legal rights of a third party and that the
domain name is not being registered for any unlawful purpose.
3. FEES. As consideration for the Services
you have selected, you agree to pay to us, or your respective RSP who remits
payment to us on your behalf, the applicable fees. All fees payable
hereunder are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). You, by completing and submitting this Agreement represent
that the statements in your application are true.
4. TERM. You agree that this Agreement will
remain in full force during the term of your domain name registration as
selected, recorded, and paid for upon registration of the domain name.
Should you choose to renew the term of your domain name registration, then
the term of this Agreement will be extended accordingly. Should you transfer
your domain name or should the domain name otherwise be transferred to
another Registrar, the terms and conditions of this contract shall cease and
shall be replaced by the contractual terms in force between domain name
registrants and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s)
on our web site, or on notification to you by e-mail or regular mail as per
the Notices section of this agreement. You agree to review our web site,
including the Agreement, periodically to be aware of any such revisions. If
you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or regular mail
as per the Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree that, by
continuing to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any such revisions or
changes. You further agree to abide by the NOMINET UK dispute resolution
policy ("Dispute Policy") as amended from time to time. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you have agreed to
these modifications. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from the
domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order
to change any of your account information with us, you must use your account
identifier and password that you selected when you opened your account with
us. Please safeguard your account identifier and password from any
unauthorized use. In no event will we be liable for the unauthorized use or
misuse of your account identifier or password.
7. DOMAIN NAME DISPUTE POLICY. If you
reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute
Policy which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at
http://www.nic.uk/ref/drs.html. Please take the time to familiarize
yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if
the registration or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in the Dispute Policy
in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions contained in the Dispute
Policy.
9. NOMINET UKPOLICY. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any NOMINET UK-adopted policy, 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.
10. AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless be the domain
name registrant 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 also represent that you have provided notice of the terms
and conditions in this Agreement to the third party and that the third party
agrees to the terms of Disclosure and Use of Registration Information
(sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve
the right to distribute information to you that is pertinent to the quality
or operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use
any of the Services or for the cost of procurement of substitute services.
Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions,
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 us, our contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, from claims by third parties relating to or
arising under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or someone
else using the Service with your computer, of any intellectual property or
other proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s) provided.
You also agree to release, indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
14. 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.
15. BREACH. You agree that failure to abide
by any provision of this Agreement, any operating rule or policy or the
Dispute Policy, may be considered by us to be a material breach and that we
may provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to us, that you have not breached
your obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier in response to that, or
any other, breach by you.
16. NO GUARANTY. You agree that, by
registration or reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree
that your use of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available" basis. We
expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any warranty
as to the results that may be obtained from the use of the Service(s) or as
to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of data
that results from the download of such material and/or data. We make no
warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the
registration process, you are required to provide us certain information and
to update us promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the following
information: (i) Your name and postal address (or, if different, that of the
domain name holder); (ii) The domain name being registered; (iii) The name,
postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name; (iv) The name,
postal address, e-mail address, and voice and fax (if available) telephone
numbers of the billing contact for the domain name. Any voluntary
information we request is collected such that we can continue to improve the
products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain name
registration information you provide available to NOMINET UK, to the
registry administrators, and to other third parties as NOMINET UK and
applicable laws may require or permit. 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 NOMINET UK and the applicable
laws. You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the
term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration information by us. You
may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP. We will
not process data about any identified or identifiable natural person that we
obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration or destruction of that
information
20. REVOCATION. Your willful provision of
inaccurate or unreliable information, your willful failure promptly to
update information provided to us, or your failure to respond for over
fifteen calendar days to inquiries by us concerning the accuracy of contact
details associated with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the domain name
registration.
21. RIGHT OF REFUSAL. We, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services within thirty (30) calendar
days from receipt of your payment for such services. In the event we do not
register or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may result from
our refusal to register, reserve, or delete your domain name or register you
for other Services.
22. SEVERABILITY. You agree that the terms
of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
23. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require
performance by you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the waiver by
us of a breach of any provision hereof be taken or held to be a waiver of
the provision itself.
25. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given by
sending it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of
e-mail notification to us or to the RSP to
lhutz@tucows.com or
info@domainnamecom.com
or, in the case of notice to you, at the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered on the next business day.
In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to the RSP shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
SpiritLLC
7336 Santa Monica Blvd. Suite 715
Los Angeles, CA 90046
U.S.
Tel. +1 407 562 1851
Fax +1 407 650 2799
and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules
and policies published by us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY
AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF
ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT
MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to
enter into this Agreement.
29. INCONSISTENCIES WITH NOMINET UK. In the event that
this Agreement may be inconsistent with any term, condition , policy or
procedure of NOMINET UK, the term, condition, policy or procedure of NOMINET
UK shall prevail.
30. 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. s