UK Registration Agreement
(.co.uk and .org.uk)
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 RS Marketing
(domain-registration-zone.com) 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 RS Markeing (domain-registration-zone.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.
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 support@domain-registration-zone.com
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 -
RS Marketing
Domain Registrations
1737 Snead Drive
Kokomo, IN 46902
USA
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.