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Legal Notices
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.uk Registration Agreement
Registrant
agrees to the terms and conditions of this 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 #1 Domain Names International,
Inc. 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 #1 Domain Names
International, Inc., 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 #1 Domain Names International, Inc. 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.
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International, Inc.) is to occur in connection
with the registration fee for your domain name request, you acknowledge
and agree that the domain registration shall be transferred to #1 Domain
Names International, Inc. as the paying entity for that registration to
the registry. We will reinstate your domain registration only at our discretion
and you (the registrant) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
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 #1
Domain Names International, Inc., you will be entering into two contracts -
one contract with Tucows and/or #1 Domain Names International, Inc. and one
contract with Nominet UK. Nominet UK is the UK registry for .uk domain names.
Tucows and #1 Domain Names International, Inc. 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://www.1dni.com/legal/nominet-terms.htm.
Tucows and #1 Domain Names International, Inc. 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 #1 Domain Names International, Inc. 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
#1 Domain Names International, Inc.
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 #1 Domain Names International, Inc.. 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 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 #1 Domain Names International, Inc.
to lhutz@tucows.com
or support@1dni.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 #1 Domain Names International, Inc. shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
OR -
#1 DOMAIN NAMES INTERNATIONAL,
INC.
1043 Stafford Drive
Princeton, WV 24740
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.
Terms and Conditions of the Nominet Registry
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