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 The DNS Place 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 __________________, 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 [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: