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 Suresurv.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 Suresurv.com,
the Registration Service Provider ("RSP").
NOMINET UK shall refer to the entity granted
the exclusive right to administer the registry
for .uk domain name registrations.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and
belief, neither the registration of the domain
name nor the manner in which it is directly or
indirectly used infringes the legal rights of
a third party and that the domain name is not
being registered for any unlawful purpose.
3. FEES. As consideration for the Services you
have selected, you agree to pay to us, or your
respective RSP who remits payment to us on
your behalf, the applicable fees. All fees
payable hereunder are non-refundable. As
further consideration for the Services, you
agree to: (1) provide certain current,
complete and accurate information about you as
required by the registration process and (2)
maintain and update this information as needed
to keep it current, complete and accurate. All
such information shall be referred to as
account information ("Account
Information"). You, by completing and
submitting this Agreement represent that the
statements in your application are true.
4. TERM. You agree that this Agreement will
remain in full force during the term of your
domain name registration as selected,
recorded, and paid for upon registration of
the domain name. Should you choose to renew
the term of your domain name registration,
then the term of this Agreement will be
extended accordingly. Should you transfer your
domain name or should the domain name
otherwise be transferred to another Registrar,
the terms and conditions of this contract
shall cease and shall be replaced by the
contractual terms in force between domain name
registrants and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we
may: (1) revise the terms and conditions of
this Agreement; and (2) change the services
provided under this Agreement. Any such
revision or change will be binding and
effective immediately on posting of the
revised Agreement or change to the service(s)
on our web site, or on notification to you by
e-mail or regular mail as per the Notices
section of this agreement. You agree to review
our web site, including the Agreement,
periodically to be aware of any such
revisions. If you do not agree with any
revision to the Agreement, you may terminate
this Agreement at any time by providing us
with notice by e-mail or regular mail as per
the Notices section of this agreement. Notice
of your termination will be effective on
receipt and processing by us. You agree that,
by continuing to use the Services following
notice of any revision to this Agreement or
change in service(s), you shall abide by any
such revisions or changes. You further agree
to abide by the NOMINET UK dispute resolution
policy ("Dispute Policy") as amended
from time to time. You agree that, by
maintaining the reservation or registration of
your domain name after modifications to the
Dispute Policy become effective, you have
agreed to these modifications. You acknowledge
that if you do not agree to any such
modifications, you may request that your
domain name be deleted from the domain name
database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with
us, you must use your account identifier and
password that you selected when you opened
your account with us. Please safeguard your
account identifier and password from any
unauthorized use. In no event will we be
liable for the unauthorized use or misuse of
your account identifier or password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or
transferred a domain name to us from another
registrar, you agree to be bound by the
Dispute Policy which is incorporated herein
and made a part of this Agreement by
reference. The current version of the Dispute
Policy may be found at http://www.nic.uk/ref/drs.html.
Please take the time to familiarize yourself
with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if
the registration or reservation of your domain
name is challenged by a third party, you will
be subject to the provisions specified in the
Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain
name dispute arises with any third party, you
will indemnify and hold us harmless pursuant
to the terms and conditions contained in the
Dispute Policy.
9. NOMINET 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, 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@suresurv.com
or, in the case of notice to you, at the
e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be
deemed to have been validly and effectively
given on the date of such communication, if
such date is a business day and such delivery
was made prior to 4:00 p.m. EST, otherwise it
will be deemed to have been delivered on the
next business day. In the case of regular mail
notice, valid notice shall be deemed to have
been validly and effectively given 5 business
days after the date of mailing and, in the
case of notification to us or to the RSP shall
be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
Suresurv.com
division of
Corporate Computing, Inc.
215 Bres avenue
Monroe, La 71201
(318) 387-5992
(318) 325-7186
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.
