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 Romanelli Project (thru www.eastitaly.com
and 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 Romanelli Project
(thru www.eastitaly.com), 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 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.
- 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 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.
- 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).
- 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; (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 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.
- 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 [Insert E-mail Address for RSP] 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:
- Romanelli Project
- via don Luigi d'Agostino, 15
- 33100 Campoformido UD
- Italy
- 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.