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 Tao Research 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 Tao Research, 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 joe@tao.org.uk 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 -
Domains Department
Tao Research
27 Dudley Road
Brighton
BN1 7GN
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.