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UK Domain Name Registration Agreement
In order
that a party may hold a valid .co uk or .org uk domain name
registration, all registrants are required to 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 ArtistScope 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 as offered by ArtistScope, 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 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 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
ArtistScope,
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:
Artistscope
Art Dept (nsw) Pty Ltd
PO Box 756
Bribie Island 4507 Australia
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.
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