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UK Registration Agreement
In order that a party may hold a valid .co uk or .org uk domain name
registration, Tucows Inc. 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 Inc., you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement ("Agreement"),
"Tucows", "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 Webalix.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 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 [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 five (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
CANADA
OR -
Webalix.com
P.O. Box 2736
Redondo Beach
CA, 90278
US
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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