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Note: This policy is now in effect. See www.opensrs.org/ukexhibita.shtml
for the implementation schedule.
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 Computer Universe 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 Computer Universe,
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 -
Computer Universe Corp.
6211 Osborn Rd.
Landover, MD 20785
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.