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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 wundersolutions.com 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
wundersolutions.com, 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 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 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 e-mail, valid notice shall only have been deemed
to be given when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail notification to us or to Reseller to
lhutz@tucows.com or
support@wundersolutions.com
or, in the case of notice to you, at the e-mail address provided by you in your
WHOIS record. Any e-mail communication shall be deemed to have been validly
and effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing and, in the case of notification
to us or to Reseller shall be sent to:
Our address:
Tucows.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K3M1
OR -
wundersolutions.com
P.O. Box 66
Station P
704 Spadina Ave
Toronto, ON
Canada
M5S 2S6
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.
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