UK Registration Agreement
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 [insert RSPname] 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 Cocoa Village Publishing, 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 [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
OR -
Cocoa Village Publishing, P.O. Box 218, Cocoa,FL 32923
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.
Hereafter Cocoa Village Publishing will be referred to as "RSP"
Terms and Conditions of the Nominet Registry
In order that a party may hold a valid .co .uk or .org .uk domain name
registration, NOMINET UK, the entity granted the exclusive right to administer
the. registry for .uk domains, requires that all organisations or individuals
applying to register, transfer or renew a .uk domain name ("Customer(s)")
adhere to the following terms and conditions. As a Customer, you accordingly
agree as follows:
1. NOMINET UK's Rules For The .uk Domain And Sub-Domains and the procedures
of NOMINET UK's Dispute Resolution Service, in each case as amended from time to
time, form part of the contract. Copies of those Rules and procedures may also
be obtained directly from NOMINET UK.
2. If the Customer uses an agent for payment of fees, NOMINET UK will first
seek payment from the agent; but if the agent does not pay the fees for whatever
reason, NOMINET UK will have the right to recover the fees from the Customer.
3. The Customer (or the transferee, as the case may be) will:
3.1 except where this is the responsibility of the Customer's agent) obtain
the consent of individuals whose personal data are to be held on the Register of
.UK Domain Names to the access referred to in Clause 7.10 below;
3.2 pay the initial registration fee to NOMINET UK within one month after the
issue of NOMINET UK's invoice;
3.3 sign and return the reply form attached to the Registration Certificate,
issued by NOMINET UK under clause 4.2 below, confirming the Customer's
acceptance of these terms and conditions;
3.4 promptly notify NOMINET UK of any change to its registered details,
including where an agent is appointed, any change to the agent's details; and
3.5 promptly notify NOMINET UK of any actual or threatened proceedings
brought in respect of the name used as a Domain Name whether by or against the
Customer.
4. NOMINET UK will:
4.1 process the application and consider whether to accept or reject it in
accordance with the criteria laid down in NOMINET UK's Rules For The .uk Domain
And Sub-Domains in force at the time of the application for registration.
4.2 (if the application is accepted) enter the Domain Name and other relevant
details in the Register of .uk Domain Names as a pending registration, and, on
receipt of the fee, issue a Registration Certificate to the Customer; if the
application is not accepted, NOMINET UK will notify the Customer or the agent
and return any payments received;
4.3 convert the pending registration to a full registration on receipt of
both the initial registration fee and the correctly completed reply form
attached to the Registration Certificate; and
4.4 (subject to clause 11 below) on receipt of the Registration Certificate,
the correctly completed Transfer of Registration on the reverse of the
Certificate and the transfer fee applicable at the time of the transfer,
register the details of a transferee of the Domain Name registration. 5. The
initial registration period is two years from the date of the application for
registration. Thereafter, the registration may be renewed indefinitely for
further periods of one or more years, on payment of the renewal fees applicable
from time to time, and subject to clause 11 below.
6. The Customer (either directly or via an agent) may surrender the
registration of the Domain Name by notice in writing to NOMINET UK at any time
prior to issue of a Registration Certificate and on issue of the Certificate for
that Domain Name, by sending to NOMINET UK the Certificate and the correctly
completed Surrender of Registration (on the reverse of the Certificate). No
other method of surrender is permitted after issue of a Certificate. Once the
Domain Name and the Customer's details have been entered in the Register of .UK
Domain Names as a full registration no refund of fees will be payable by NOMINET
UK.
7. NOMINET UK is entitled to register Domain Names on a first come, first
served basis, whether or not it has received payment for their registration;
and, until NOMINET UK has confirmed it as a pending registration, there is no
guarantee that the Domain Name applied for will be entered in the Register as
such. Customers are advised not to take any action in respect of the
registration of a Domain Name before it becomes a full registration.
7.1 If payment and the correctly completed reply form attached to the
Registration Certificate are not received by NOMINET UK, NOMINET UK is entitled
to cancel the pending registration by notice in writing to the Customer or the
agent.
7.2 NOMINET UK may cancel the registration or suspend the delegation of a
Domain Name in exceptional circumstances by notice in writing to the Customer or
the agent. Exceptional circumstances include, in particular: where to maintain
the registration would put NOMINET UK in conflict with statutory obligations or
the terms of a Court Order, or where the registration or use of the Domain Name
conflicts with NOMINET UK's Rules For The .uk Domain And Sub-Domains in force
from time to time.
7.3 NOMINET UK does not accept any responsibility for the use of any Domain
Name on the Register of .UK Domain Names and in particular for any conflict with
trade marks, registered or unregistered, or with rights to names in other
contexts. A Registration Certificate is not intended to be evidence of ownership
of the name used as a Domain Name.
7.4 NOMINET UK will use its reasonable endeavours to ensure that the
appropriate details of the Customer's registration are correctly entered and
maintained in the Register of .UK Domain Names. All conditions and warranties
which may be implied (by law or as a result of prior negotiations) into the
contract between NOMINET UK and the Customer are excluded to the extent
permitted by law. In no circumstances will NOMINET UK be liable for any loss of
profit, business or anticipated savings suffered by the Customer.
7.5 NOMINET UK's liability to the Customer under the contract or otherwise
(including liability for negligence) is limited to 125% of the registration fees
paid in respect of a particular period of registration.
7.6 The Customer warrants to NOMINET UK that the details submitted by the
Customer to NOMINET UK are true and correct, and that future additions or
alterations to those details will be true and correct.
7.7 The Customer warrants to NOMINET UK that neither the registration of the
Domain Name nor the manner in which the Domain Name is directly or indirectly
used infringes the legal rights of a third party. NOMINET UK's remedies under
this warranty will continue to be available after completion of the registration
process and notwithstanding any subsequent surrender, cancellation or transfer
of the registration of the Domain Name.
7.8 The Customer indemnifies NOMINET UK and each of the members of its
Council of Management against any claim that the registration of the Domain Name
or the manner in which the Domain Name is directly or indirectly used infringes
the legal rights of any third party (except for claims arising from NOMINET UK's
negligence or breach of the terms of the contract); and indemnifies them against
the reasonable costs and expenses, however they may arise, incurred in defending
or dealing with such a claim.
7.9 The Register of .UK Domain Names will include the names of the Customer
and the Administrative Contact and other details relating to them. This
information (if it refers to individuals) is 'personal data' for the purposes of
data protection legislation. NOMINET UK may allow other organisations and
members of the public to access the data for the purpose of obtaining
information about the registration of the Domain Name or any other related
purpose.
8. The restrictions and indemnities in clause 7 above are considered to be
reasonable in the context of NOMINET UK's status as a not-for-profit company
limited by guarantee that is performing a service on a cost-recovery basis.
9. If any clause of these terms and conditions is held to be invalid or
unenforceable in whole or in part, the invalid or unenforceable wording shall be
deemed to be omitted.
10. The contract may be assigned by NOMINET UK. The Customer may assign the
contract subject to any change made pursuant to clause 11 below, and transfer
the registration of the Domain Name, by sending to NOMINET UK the Registration
Certificate, the correctly completed Transfer of Registration on the reverse of
the Certificate and the transfer fee applicable at the time of the transfer. No
other method of transfer is permitted.
11. NOMINET UK may change the terms and conditions of the contract on renewal
or transfer of the registration of the Domain Name. All transfers and renewals
will be made under NOMINET UK's Terms &; Conditions for the Registration of
Domain Names current at the time of the transfer or renewal and, in the case of
a transfer, as agreed by the Transferor.
12. Any notice to be given under the contract shall only be deemed to be
served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the
party to whom it is given at its last known postal or e-mail address or fax
number. The notice will be effective: if delivered, on delivery; if sent by fax
or e-mail, when the sender receives confirmation of receipt; and if sent by
post, on the fourth day after posting.
13. These terms and conditions, together with the Rules and procedures
referred to in clause 1 above, constitute the entire agreement between NOMINET
UK and the Customer for the registration of the Domain Name, and supersede all
prior agreements, understandings and representations whether oral or written.
Subject to clause 11 above, no variation may be made to the contract unless it
is in writing and signed by authorized representatives of the Customer and
NOMINET UK.
14. The contract shall be governed by English law, and the Customer and
NOMINET UK submit to the exclusive jurisdiction of the English Courts
