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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 Reseller 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 atanda web presence services, the Registration
Service Provider ("Reseller"). 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 Reseller 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/DisputeResolution/DrsPolicy/.
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/nominet-terms.html.
When you submit a request for a domain name registration with
Tucows and/or Reseller, you will be entering into two contracts
- one contract with Tucows and/or Reseller and one contract with
Nominet UK. Nominet UK is the UK registry for .uk domain names.
Tucows and Reseller 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 Reseller 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 Reseller 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 Reseller.
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 Reseller. 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 be given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail notification to us or to Reseller to lhutz@tucows.com
or [Insert E-mail Address for Reseller] 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 Reseller shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
OR -
atanda web presence services
939 61st Street, Suite 13
Oakland, CA 94608-1304
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.