:: Domain Name Registration Agreement
.UK Registration Agreement
In order that a party may hold a valid
.co.uk or .org.uk domain name registration, Tucows Inc. 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 SupraLink Solutions Inc. and/or Tucows Inc.,
you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement ("Agreement"),
"Tucows", "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 SupraLink Solutions Inc., the
Registration Service Provider ("SupraLink"). 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 SupraLink 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/DisputeResolution/DrsPolicy/. 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/nominet-terms.html.
When you submit a request for a domain name registration with Tucows
and/or SupraLink, you will be entering into two contracts - one
contract with Tucows and/or SupraLink and one contract with Nominet
UK. Nominet UK is the UK registry for .uk domain names.
Tucows and SupraLink will act as agents on your behalf by submitting
your application to Nominet for you, however, you will still be
entering into a direct contract between you and Nominet UK. This is
a separate contract from this agreement; it is attached hereto and
may also be found at
http://resellers.tucows.com/opensrs/uk/ukterms.
Tucows and SupraLink must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet using
your personal data for a variety of reasons. In particular, your
name and address may be published as part of Nominet's WHOIS look-up
service.
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 SupraLink 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 SupraLink.
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 SupraLink. 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 be given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail notification to us 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 five (5) business days after the date of mailing
and, in the case of notification to us or to SupraLink shall be sent
to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
OR -
SupraLink Solutions Inc.
Internet Solutions Provider
Corporate Headquarters
7375 Saint-André Street
Montréal, Québec
Canada H2R 2P6
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.
|