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 organization or
individual applying to register, transfer or renew an .uk
domain name via the agency of [Wells & Associates 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 Nicgrab.com, 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 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/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 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/ref/terms.html.
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 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; 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 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 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.
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 -
Wells & Associates LLC
10500 NW 7th
Street
Plantation,
Florida 33324
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.