|
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 OffspringNet 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 OffspringNet, 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 sales@offspring.net 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 -
OffspringNet
2317 North 7th St.
Colo. Spgs, CO.
80907
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. --------------------------------------------------------------------------------
|
