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UK Registration Agreement
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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 Computer Parts Etc. and/or
TUCOWS you accordingly agree as follows: |
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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 Computer Parts Etc., 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.
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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. |
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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9. NOMINET UKPOLICY. You agree
that your registration of the domain 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. |
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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). |
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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. |
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12. LIMITATION OF LIABILITY. You
agree that our entire liability, and your exclusive remedy, with respect
to any Service(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 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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
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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. |
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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.
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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. |
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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. |
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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. |
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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: |
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
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OR -
Computer Parts Etc.
8733 N. Magnolia Ave Suite 100
Santee, CA 92071 |
and in the case of notification
to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record. |
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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. |
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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. |
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28. INFANCY. You attest that
you are of legal age to enter into this Agreement. |
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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. |
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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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Please review the Nominet Terms and
Conditions. These can be found at: here.
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