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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 Tera-byte Dot Com Inc 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 Tera-byte Dot Com Inc, 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 the Registration Agreement will remain
in full force during the length of the term of your Domain Name
Registration. Should you choose to renew or otherwise lengthen the
term of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain
in full force during the length of the term of your Domain Name
Registration as selected, recorded, and paid for upon registration
of the Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be
transferred due to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then
in force between SLD holders 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 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/ref/terms.html.
When you submit a request for a domain name registration with Tucows
and/or RSP, you will be entering into two contracts . one contract
with Tucows and/or RSP and one contract with NOMINET UK. NOMINET
UK is the UK registry for .uk domain names. Tucows and RSP 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; it is attached hereto and may also be found at http://resellers.tucows.com/opensrs/uk/ukterms.
Tucows and RSP 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.
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; and (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 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 the NOMINET UK Agreement
or a NOMINET UK/Registry Operator policy.
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 noc@tera-byte.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 -
Tera-byte Dot Com Inc.
Suite 900 CN Tower
10004 104 Ave
Edmonton, AB T5J 0K1
Canada
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.
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