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.CO.UK AND .ORG.UK DOMAIN TERMS & CONDITIONS
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 49th.NET 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
49th.NET, 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 misdelivery; (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 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 email, 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
[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: Tucows Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K
3M1 CANADA OR - 49th.NET, 30 Manor Drive, Merriott, Somerset, TA16 5PB, United Kingdom, 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.
SIGNED: ________________________ DATE: _______________
Please carefully write the names of the domains you wish to register:
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