.uk SCHEDULE A
Form of Registration Agreement
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 Available Networks, LLC and/or TUCOWS you accordingly
agree as follows:
- 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
Available Networks, LLC, 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
domains@availablenetworks.net
or, in the case of notice to you, at the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed to
have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have been delivered on the next
business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given 5 business days after
the date of mailing and, in the case of notification to us or to the RSP
shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
Available Networkss, LLC
702 Sunset Rd.
Ann Arbor, MI 48103
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
- 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.
- 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.
- INFANCY. You attest that you are of legal age to enter into this
Agreement.
- 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.
- 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.
Dated: July 16, 2002