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Domain
Registration
Registration of co.uk domains requires your acceptance of the following
UK Registration Agreement and the Terms and Conditions linked here and shown below.
Registration of .info domains requires your acceptance of the
following Registration Agreement
and the Terms and Conditions
Registration of .biz domains requires your acceptance of the
following Registration Agreement
and the Terms and Conditions 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 Push Marketing Ltd. 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 Push Marketing Ltd,
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 info@pushmarketing.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. OR - Push
Marketing Ltd 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.
WARNING:
by registering a domain name within the .uk Top Level Domain (a
"Domain Name"), you enter into a contract of registration
with Nominet UK ("We", "Our" or "Us")
on the following terms and conditions. This is a separate contract
to any arrangement you may have with any third party for the provision
of internet services. Nominet
is the Registry for all internet Domain Names ending in .uk and
provides a public service for the .uk namespace on behalf of the
Internet community. You can find out more information about Nominet
from our web site at http://www.nominet.org.uk.
Nominet is a not - for - profit company limited by guarantee which
is performing services on a cost recovery basis. This is why we
consider it reasonable to limit our liability in certain respects
so that we may continue to offer our services in the interests of
the whole internet community. This
Contract includes our current Rules For The .uk Domain And Sub-Domains
("Rules") and the Policy and Procedure for our Domain
Name Dispute Resolution Service ("Policy" and "Procedure"
as appropriate). Copies of the Policy, Procedure and Rules are at
http://www.nominet.org.uk/drs.html
or can be obtained from us. You
may have registered a Domain Name through a third party (usually,
but not always, your internet service provider). In these terms
and conditions, the term "Agent" means such a third party. 1.
What we will do 5.1
That you (or your Agent) have obtained the consent of any individual
whose personal data is to be held on the Register in accordance
with clause 6;
Personal data submitted by you will be: a.
Posted onto the Register; You
may write to us to request a copy of the personal data held by us
about you. We may charge a reasonable fee for the provision of such
data. As required by the Data Protection Act 1998, we will adopt
appropriate security procedures in relation to the storage and disclosure
of information provided by you in order to prevent unauthorised
access. Our security procedures mean that we may occasionally request
proof of your identity before we are able to disclose personal information
to you. Other than the uses identified above, we will not disclose
your personal information to others. You
should be aware that personal data posted on the WHOIS database
may be accessible to countries outside the European Economic Area.
By registering a Domain Name you consent to your personal data being
transferred out of the European Economic Area and to our use of
your personal data for the purposes specified above. 1.
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we",
us" and "our" refer to Tucows.com Inc. and "Services"
refers to the domain name registration provided by us as offered
through Push Marketing Ltd., the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services. 2.
SELECTION OF A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither the registration of the
SLD 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 service(s) 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 ICANN
Uniform 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.opensrs.org/legal/udrp.shtml.
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. For any dispute, you agree to submit to the
jurisdiction of the courts of The Province of Ontario. 9.
ICANN POLICY. You agree that your registration of the SLD name
shall be subject to suspension, cancellation, or transfer pursuant
to any ICANN-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the
name or (2) for the resolution of disputes concerning the SLD name.
10.
AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the SLD holder 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 SLD.
You shall accept liability for harm caused by wrongful use of the
SLD, unless you promptly disclose the identity of the licensee to
the party providing you reasonable evidence of actionable harm.
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 states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states,
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.
In no event shall our maximum liability exceed five hundred ($500.00)
dollars. 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 without
limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, including attorney's fees,
of 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. The person named as administrative
contact at the time the controlling user name and password are secured
shall be the owner of the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee")
you shall require the Transferee to agree, in writing to be bound
by all the terms and conditions of this Agreement. Your domain name
will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound
by the contractual terms of this Agreement (such reasonable assurance
as determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null
and void. 15.
BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy
provided by us, 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 other information which we request from you at
registration is voluntary. 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 ICANN, to the registry administrators,
and to other third parties as ICANN 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 ICANN 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 access or 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 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
SLD 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@pushmarketing.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.com
Inc. OR
- Push
Marketing Ltd 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.
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. Policy
Adopted: August 26, 1999 Implementation Documents Approved: October
24, 1999 1.
Purpose. This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet Corporation
for Assigned Names and Numbers ("ICANN"), is incorporated
by reference into your Registration Agreement, and sets forth the
terms and conditions in connection with a dispute between you and
any party other than us (the registrar) over the registration and
use of an Internet domain name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted according to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules
of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
supplemental rules. 2.
Your Representations. By applying to register a domain name,
or by asking us to maintain or renew a domain name registration,
you hereby represent and warrant to us that (a) the statements that
you made in your Registration Agreement are complete and accurate;
(b) to your knowledge, the registration of the domain name will
not infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose;
and (d) you will not knowingly use the domain name in violation
of any applicable laws or regulations. It is your responsibility
to determine whether your domain name registration infringes or
violates someone else's rights. 3.
Cancellations, Transfers, and Changes. We will cancel, transfer
or otherwise make changes to domain name registrations under the
following circumstances: 4.
Mandatory Administrative Proceeding. 5.
All Other Disputes and Litigation. All other disputes between
you and any party other than us regarding your domain name registration
that are not brought pursuant to the mandatory administrative proceeding
provisions of Paragraph 4 shall be resolved between you and such
other party through any court, arbitration or other proceeding that
may be available. 6.
Our Involvement in Disputes. We will not participate in any
way in any dispute between you and any party other than us regarding
the registration and use of your domain name. You shall not name
us as a party or otherwise include us in any such proceeding. In
the event that we are named as a party in any such proceeding, we
reserve the right to raise any and all defenses deemed appropriate,
and to take any other action necessary to defend ourselves. 7.
Maintaining the Status Quo. We will not cancel, transfer,
activate, deactivate, or otherwise change the status of any domain
name registration under this Policy except as provided in Paragraph
3 above. 8.
Transfers During a Dispute. 9.
Policy Modifications. We reserve the right to modify this
Policy at any time with the permission of ICANN. We will post our
revised Policy at at least thirty (30) calendar days before it becomes
effective. Unless this Policy has already been invoked by the submission
of a complaint to a Provider, in which event the version of the
Policy in effect at the time it was invoked will apply to you until
the dispute is over, all such changes will be binding upon you with
respect to any domain name registration dispute, whether the dispute
arose before, on or after the effective date of our change. In the
event that you object to a change in this Policy, your sole remedy
is to cancel your domain name registration with us, provided that
you will not be entitled to a refund of any fees you paid to us.
The revised Policy will apply to you until you cancel your domain
name registration. |
UK
Registration Agreement