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 JE2000 LLC 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 JE2000, LLC, 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 -
JE2000, LLC
442 Mohegan Ave.
Quaker Hill, CT 06375
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.
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