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Agreement |
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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 the agency of [insert Reseller name] 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
Acme Internet, the Registration Service Provider ("Reseller").
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 Reseller
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 Reseller, you will be entering into two contracts
- one contract with Tucows and/or Reseller and one contract with
Nominet UK. Nominet UK is the UK registry for .uk domain names.
Tucows and Reseller 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 Reseller 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 Reseller 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 your Reseller.
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 Reseller. 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 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 to
Reseller to lhutz@tucows.com
or
support@acmeinternet.com 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 Reseller shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
OR -
Acme Internet
Domain Registration Department
3601 Minnesota Dr., Suite 625
Minneapolis, MN 55435
US
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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