Biznesshosting,
Inc.
info@biznesshosting.com
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 Biznesshosting,
Inc. 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
Biznesshosting,
Inc., 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 notice@biznesshosting.com
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 -
BIZNESSHOSTING Inc.
Registrant Office
1914 NW 137th Terrace
Pembroke Pines, FL 33028
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.
In order that a party may hold a valid .co
.uk or .org .uk domain name registration, NOMINET UK, the
entity granted the exclusive right to administer the. registry
for .uk domains, requires that all organisations or individuals
applying to register, transfer or renew a .uk domain name
("Customer(s)") adhere to the following terms and
conditions. As a Customer, you accordingly agree as follows:
1. NOMINET UK's Rules For The .uk Domain And Sub-Domains and
the procedures of NOMINET UK's Dispute
Resolution Service, in each case as amended from time
to time, form part of the contract. Copies of those Rules
and procedures may also be obtained directly from NOMINET
UK.
2. If the Customer uses an agent for payment of fees, NOMINET
UK will first seek payment from the agent; but if the agent
does not pay the fees for whatever reason, NOMINET UK will
have the right to recover the fees from the Customer.
3. The Customer (or the transferee, as the case may be) will:
3.1 except where this is the responsibility
of the Customer's agent) obtain the consent of individuals
whose personal data are to be held on the Register of .UK
Domain Names to the access referred to in Clause 7.10 below;
3.2 pay the initial registration fee to NOMINET UK within
one month after the issue of NOMINET UK's invoice;
3.3 sign and return the reply form attached to the Registration
Certificate, issued by NOMINET UK under clause 4.2 below,
confirming the Customer's acceptance of these terms and
conditions;
3.4 promptly notify NOMINET UK of any change to its registered
details, including where an agent is appointed, any change
to the agent's details; and
3.5 promptly notify NOMINET UK of any actual or threatened
proceedings brought in respect of the name used as a Domain
Name whether by or against the Customer.
4. NOMINET UK will:
4.1 process the application and consider
whether to accept or reject it in accordance with the criteria
laid down in NOMINET UK's Rules For The .uk Domain And Sub-Domains
in force at the time of the application for registration.
4.2 (if the application is accepted) enter the Domain Name
and other relevant details in the Register of .uk Domain
Names as a pending registration, and, on receipt of the
fee, issue a Registration Certificate to the Customer; if
the application is not accepted, NOMINET UK will notify
the Customer or the agent and return any payments received;
4.3 convert the pending registration to a full registration
on receipt of both the initial registration fee and the
correctly completed reply form attached to the Registration
Certificate; and
4.4 (subject to clause 11 below) on receipt of the Registration
Certificate, the correctly completed Transfer of Registration
on the reverse of the Certificate and the transfer fee applicable
at the time of the transfer, register the details of a transferee
of the Domain Name registration.
5. The initial registration period is two
years from the date of the application for registration. Thereafter,
the registration may be renewed indefinitely for further periods
of one or more years, on payment of the renewal fees applicable
from time to time, and subject to clause 11 below.
6. The Customer (either directly or via an agent) may surrender
the registration of the Domain Name by notice in writing to
NOMINET UK at any time prior to issue of a Registration Certificate
and on issue of the Certificate for that Domain Name, by sending
to NOMINET UK the Certificate and the correctly completed
Surrender of Registration (on the reverse of the Certificate).
No other method of surrender is permitted after issue of a
Certificate. Once the Domain Name and the Customer's details
have been entered in the Register of .UK Domain Names as a
full registration no refund of fees will be payable by NOMINET
UK.
7. NOMINET UK is entitled to register Domain Names on a first
come, first served basis, whether or not it has received payment
for their registration; and, until NOMINET UK has confirmed
it as a pending registration, there is no guarantee that the
Domain Name applied for will be entered in the Register as
such. Customers are advised not to take any action in respect
of the registration of a Domain Name before it becomes a full
registration.
7.1 If payment and the correctly completed
reply form attached to the Registration Certificate are
not received by NOMINET UK, NOMINET UK is entitled to cancel
the pending registration by notice in writing to the Customer
or the agent.
7.2 NOMINET UK may cancel the registration or suspend the
delegation of a Domain Name in exceptional circumstances
by notice in writing to the Customer or the agent. Exceptional
circumstances include, in particular: where to maintain
the registration would put NOMINET UK in conflict with statutory
obligations or the terms of a Court Order, or where the
registration or use of the Domain Name conflicts with NOMINET
UK's Rules For The .uk Domain And Sub-Domains in force from
time to time.
7.3 NOMINET UK does not accept any responsibility for the
use of any Domain Name on the Register of .UK Domain Names
and in particular for any conflict with trade marks, registered
or unregistered, or with rights to names in other contexts.
A Registration Certificate is not intended to be evidence
of ownership of the name used as a Domain Name.
7.4 NOMINET UK will use its reasonable endeavours to ensure
that the appropriate details of the Customer's registration
are correctly entered and maintained in the Register of
.UK Domain Names. All conditions and warranties which may
be implied (by law or as a result of prior negotiations)
into the contract between NOMINET UK and the Customer are
excluded to the extent permitted by law. In no circumstances
will NOMINET UK be liable for any loss of profit, business
or anticipated savings suffered by the Customer.
7.5 NOMINET UK's liability to the Customer under the contract
or otherwise (including liability for negligence) is limited
to 125% of the registration fees paid in respect of a particular
period of registration.
7.6 The Customer warrants to NOMINET UK that the details
submitted by the Customer to NOMINET UK are true and correct,
and that future additions or alterations to those details
will be true and correct.
7.7 The Customer warrants to NOMINET UK that neither the
registration of the Domain Name nor the manner in which
the Domain Name is directly or indirectly used infringes
the legal rights of a third party. NOMINET UK's remedies
under this warranty will continue to be available after
completion of the registration process and notwithstanding
any subsequent surrender, cancellation or transfer of the
registration of the Domain Name.
7.8 The Customer indemnifies NOMINET UK and each of the
members of its Council of Management against any claim that
the registration of the Domain Name or the manner in which
the Domain Name is directly or indirectly used infringes
the legal rights of any third party (except for claims arising
from NOMINET UK's negligence or breach of the terms of the
contract); and indemnifies them against the reasonable costs
and expenses, however they may arise, incurred in defending
or dealing with such a claim.
7.9 The Register of .UK Domain Names will include the names
of the Customer and the Administrative Contact and other
details relating to them. This information (if it refers
to individuals) is 'personal data' for the purposes of data
protection legislation. NOMINET UK may allow other organisations
and members of the public to access the data for the purpose
of obtaining information about the registration of the Domain
Name or any other related purpose.
8. The restrictions and indemnities in clause 7 above are
considered to be reasonable in the context of NOMINET UK's
status as a not-for-profit company limited by guarantee that
is performing a service on a cost-recovery basis.
9. If any clause of these terms and conditions is held to
be invalid or unenforceable in whole or in part, the invalid
or unenforceable wording shall be deemed to be omitted.
10. The contract may be assigned by NOMINET UK. The Customer
may assign the contract subject to any change made pursuant
to clause 11 below, and transfer the registration of the Domain
Name, by sending to NOMINET UK the Registration Certificate,
the correctly completed Transfer of Registration on the reverse
of the Certificate and the transfer fee applicable at the
time of the transfer. No other method of transfer is permitted.
11. NOMINET UK may change the terms and conditions of the
contract on renewal or transfer of the registration of the
Domain Name. All transfers and renewals will be made under
NOMINET UK's Terms &; Conditions for the Registration
of Domain Names current at the time of the transfer or renewal
and, in the case of a transfer, as agreed by the Transferor.
12. Any notice to be given under the contract shall only be
deemed to be served if delivered by hand or sent by pre-paid
post, by fax or e-mail, to the party to whom it is given at
its last known postal or e-mail address or fax number. The
notice will be effective: if delivered, on delivery; if sent
by fax or e-mail, when the sender receives confirmation of
receipt; and if sent by post, on the fourth day after posting.
13. These terms and conditions, together with the Rules and
procedures referred to in clause 1 above, constitute the entire
agreement between NOMINET UK and the Customer for the registration
of the Domain Name, and supersede all prior agreements, understandings
and representations whether oral or written. Subject to clause
11 above, no variation may be made to the contract unless
it is in writing and signed by authorized representatives
of the Customer and NOMINET UK.
14. The contract shall be governed by English law, and the
Customer and NOMINET UK submit to the exclusive jurisdiction
of the English Courts.
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