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, 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.
When you submit a request for a domain name registration
with Tucows and/or IntroWeb, you will be entering into two contracts
- one contract with Tucows and/or IntroWeb and one contract with NOMINET
UK. NOMINET UK is the UK registry for .uk domain names.
Tucows and IntroWeb 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 IntroWeb 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 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:
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 RSP (IntroWeb B.V.).
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 (IntroWeb
B.V.). 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 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 domain-admin@introweb.nl
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 -
IntroWeb B.V.
Welbergweg 30
7556 PE Hengelo
The Netherlands
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.