Domain Registration
Whois Name Lookup
Domain Manager
Why BuzNet?
Registration Agreement (.com/.net/.org domains)
ICANN Uniform Domain Name Dispute Resolution Policy
UK Registration Agreement
UK Terms & Conditions
CA Registration Agreement
© 2001-2002
BuzNet Communications
ALL RIGHTS RESERVED
|
UK 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 organisation or individual
applying to register, transfer or renew an .uk domain name via the
agency of BuzNet Communications 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 BuzNet
Communications, 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 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
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 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 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 support@buz.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 -
BuzNet Communications
5757 Alpha Rd, Suite 107
Dallas, Texas 75240
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.
|