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 CyberSurfers Inc., DBA BusinessDomain.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 CyberSurfers Inc., DBA BusinessDomain.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
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
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
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 firstname.lastname@example.org
or DomainMaster@BusinessDomain.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:
Registrant Affairs Office
96 Mowat Avenue
712 West Broad St
Falls Church, VA 22046
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
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.