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 organisation or individual applying to
register, transfer or renew an .uk domain name via the agency
of WebTwister 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 WebTwister, 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 thedomain 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 thedomain 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
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:
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.
