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 Cyber Trading Co., the
Registration Service Provider ("Reseller"). Nominet UK shall refer to the entity
granted the exclusive right to administer the registry for .uk domain name
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.
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.
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.
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
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
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
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.
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.
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.
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 email@example.com or [Insert E-mail Address
for Reseller] 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:
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Cyber Trading Co.
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.
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.
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.
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.