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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
[insert RSP name] 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 Pickaweb Limited, 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.
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 [Insert E-mail Address for RSP]
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 -
Pickaweb
Limited
Monomark House
27 Old Gloucester Street
London
WC2N 3XX
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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