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 3-g.com 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 3-g.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 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
info@3-g.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 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 -
3-g.com
2700 Woodlands Village #300-202
Flagstaff, AZ 86001
USA
info@3-g.com
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.
