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Domain Registration Agreement
.co .uk or .org .uk
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| 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 .ca domain name via the agency of Cambridge
Communications Ltd. and/or TUCOWS you accordingly agree
as follows: |
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| 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 Cambridge Communications Ltd., 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. |
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| 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. |
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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. |
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| 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. |
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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. |
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| 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. |
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7. Domain Name Renewals. It is your responsibility to keep track of the expiry date of your Domain Name and renew in time. For your convenience Telligent Corporation will send several renewal reminders well in advance before the expiry date. It is your responsibility to keep your contact email address current. Telligent will notify you only by email. You have the responsibility of logging into your account and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). In case, if you fail to implement the renewal in a timely fashion the domain name will be cancelled and you will no longer have use of that name. You agree that Telligent Corporation will not be responsible for cancelled or expired domain names that you fail to renew. If you renew a domain after the expiry date, there will be an additional charge per domain.
In the process of registering or renewing a domain Telligent Corporation takes all the necessary steps to prevent any errors. As a client/registrant after placing your registration or renewal order it is your responsibility to check the correctness of domain name, expiry date and contact information. In case of any discrepancy please notify our support team immediately.
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| 8. 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. |
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| 9. 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. |
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| 10. 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. |
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| 11. 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). |
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| 12. 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. |
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13. 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 |
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| 14. 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. |
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| 15. 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.
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| 16. 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. |
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| 17. 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. |
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| 18. 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. |
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| 19. 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. |
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| 20. 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 |
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| 21. 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. |
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| 22. 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. |
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| 23. 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.. |
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| 24. 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. |
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| 25. 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. |
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| 26. 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 admin@telligent.ca
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: |
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Telligent Corporation
3553 - 31 ST NW
Suite 275 Calgary, AB
T2L 2K7
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| and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in your
WHOIS record. |
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| 27. 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. |
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| 28. 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. |
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| 29. INFANCY. You attest that you are of legal
age to enter into this Agreement. |
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| 30. 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.
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| 31. 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. |
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Copyright © 1999-2011 Telligent Corporation. All Rights
Reserved.
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