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 micn.net 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 micn.net, 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 the domain 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 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; (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@micn.net 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 -
micn.net
your address
Tel. +
Fax +
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.
