UK Personal Hosting and Domains: World Registration

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Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration and/or
recipient of e-mail forwarding services, "we", "us" and "our" refer to
Tucows Inc., "Registry Operator" refers to The Global Name Registry
Ltd. and "Services" refers to the domain name registration and e-mail
forwarding provided by us as offered through ____________________
("Reseller"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services. 2. .name
RESTRICTIONS. Registrations in the .name top-level domain must
constitute an individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a person's
legal name, or a name by which the person is commonly known. A "name by
which a person is commonly known" includes, without limitation, a
pseudonym used by an author or painter, or a stage name used by a
singer or actor. 3. .name REPRESENTATIONS. As a .name domain name
Registrant, you hereby represent that: (i) the registered domain name
or second level domain ("SLD") e-mail address is your Personal Name.
(ii) the data provided in the domain name registration application is
true, correct, up to date and complete and that you will continue to
keep all of the information provided correct, current and complete,
(iii) to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party;
(iv) that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever; (v)
the registration satisfies the Eligibility Requirements found at
http://www.nic.name/downloads/EligibilityRequirements.pdf; and (vi) you
have the authority to enter into this Registration Agreement. 4. E-MAIL
FORWARDING SERVICES. (i) The Services for which you have registered
may, at your option, include e-mail forwarding. To the extent you opt
to use e-mail forwarding, you are obliged to do so in accordance with
all applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through e-mail
forwarding. (ii) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet and
e-mail usage. This includes, but is not limited to the Acceptable Use
Policy, available at http://www.nic.name/downloads/aup.pdf as well as
the following restrictions. Without prejudice to the foregoing, you
undertake not to use e-mail forwarding: (a) to encourage, allow or
participate in any form of illegal or unsuitable activity, including
but not restricted to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material; (b) to gain
illegal access to systems or networks by unauthorized access to or use
of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network
or breaching the security or access control without the sufficient
approval of the owner of the system or network; (c) to interrupt data
traffic to other users, servers or networks, including, but not
restricted to, mail bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other forms of
harassment; or (d) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited e-mail, junk mail, the use of
distribution lists (mailing lists) which include persons who have not
specifically given their consent to be placed on such distribution
list. Users are not permitted to provide false names or in any other
way to pose as somebody else when using e-mail forwarding. (iii)
Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of
abuse from entering Registry Operator's e-mail forwarding. However, due
to the nature of such systems, which actively block messages, Registry
Operator shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or us to give feedback
on the decision. (iv) You understand and agree that Registry Operator
may delete material that does not conform to clause (c) above or that
in some other way constitutes a misuse of e-mail forwarding. You
further understand and agree that Registry Operator is at liberty to
block your access to e-mail forwarding if you use e-mail forwarding in
a way that contravenes this Agreement. You will be given prior warning
of discontinuation of the e-mail forwarding unless it would damage the
reputation of Registry Operator or jeopardize the security of Registry
Operator or others to do so. Registry Operator reserves the right to
immediately discontinue e-mail forwarding without notice if the
technical stability of e-mail forwarding is threatened in any way, or
if you are in breach of this Agreement. On discontinuing e-mail
forwarding, Registry Operator is not obliged to store any contents or
to forward unsent e-mail to you or a third party. (v) You understand
and agree that to the extent either we and/or Registry Operator is
required by law to disclose certain information or material in
connection with your e-mail forwarding, either we and/or Registry
Operator will do so in accordance with such requirement and without
notice to you. 5. FEES. As consideration for the Services you have
selected, you agree to pay the Reseller the applicable service(s) 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"). By
submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate. 6. TERM. This Agreement
shall remain in full force during the length of the term of your domain
name registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration, then the
term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease. 7. MODIFICATIONS TO
AGREEMENT. You agree that we may in our sole discretion: (1) revise the
terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such
revision or change will which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your
country's postal service pursuant to the Notices section of this
Agreement. You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all 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
postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be
bound by any such revisions and changes. You further agree to be bound
by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as
presently written and posted on
http://resellers.tucows.com/opensrs/legal and as such shall be amended
from time to time. 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. We will not refund any fees paid by you if you
terminate your agreement with us. 8. 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. You agree to safeguard your Account Identifier
and Password from any unauthorized use. In no event shall we be liable
for the unauthorized use or misuse of your Account Identifier or
Password. You will not be able to transfer your domain name during the
first sixty (60) days following registration of the domain name with
us. Beginning on the sixty-first (61st) day following the registration,
the policies set forth at:
http://resellers.tucows.com/opensrs/name/bizspecs shall apply. 9.
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 that is incorporated herein
and made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at
http://resellers.tucows.com/opensrs/legal. Please take the time to
familiarize yourself with this policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and made an
integral part of this Agreement. (i) the Eligibility Requirements (the
"Eligibility Requirements"), available at
http://www.nic.name/downloads/EligibilityRequirements.pdf; (ii) the
Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.nic.name/downloads/erdrp.pdf; and (iii) the
Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available
at http://www.icann.org/udrp/udrp-policy-24oct99.htm. The Eligibility
Requirements dictate that Personal Name domain names and Personal Name
SLD e-mail addresses will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute
resolution proceeding or during the landrush procedures in connection
with the opening of the Registry TLD. The following categories of
Personal Name Registrations may be registered: (i) the Personal Name of
an individual; (ii) the Personal Name of a fictional character, if you
have trademark or service make rights in that character's Personal
Name; (iii) in addition to a Personal Name registration, you may add
numeric characters to the beginning or the end of the Personal Name so
as to differentiate it from other Personal Names. The ERDRP applies to
challenges to (i) registered domain names and SLD e-mail address
registrations within .name on the grounds that a Registrant does not
meet the Eligibility Requirements, and (ii) to Defensive Registrations
(as defined by the Registry Operator) within .name. The UDRP sets forth
the terms and conditions in connection with a dispute between a
Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet
domain name registered by a Registrant. 10. DOMAIN NAME DISPUTE POLICY
MODIFICATIONS. You agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised policy on our website
at least thirty (30) calendar days before it becomes effective. You
agree that, by maintaining the reservation or registration of your
domain name or SLD e-mail address 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 modification, you may
terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us. 11. DOMAIN NAME DISPUTES. You
agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions
specified in our 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 set forth below in
this agreement. If we are notified that a complaint has been filed with
a judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain
name record without our prior approval. We may not allow you to make
changes to such domain name record until (i) we are directed to do so
by the judicial or administrative body, or (ii) we receive notification
by you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the Registry of the
judicial body by supplying a party with a Registrar certificate from
us. 12. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any Tucows, Registry Operator, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with
an ICANN or government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the
resolution of disputes concerning the domain name. 13. AGENCY. Should
you intend to license use of a domain name to a third party you shall
nonetheless be the domain name holder 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
represent that you have provided notice of the terms and conditions in
this Agreement to a third party licensee and that the third party
agrees to the terms hereof. 14. ANNOUNCEMENTS. We 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. 15. 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). Neither we
nor our contractors or third party beneficiaries shall 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
miss-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. In no event shall our
maximum liability exceed five hundred ($500.00) dollars. You agree that
neither we nor the Registry Operator will have any liability of any
kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, your ability or inability to obtain a .name domain name or
SLD e-mail address registration using these processes; or (ii) any
dispute over any .name domain name, SLD e-mail address, Defensive
Registration or NameWatch Registration (as defined by the Registry
Operator), including the decision of any dispute resolution proceeding
related to any of the foregoing. 16. INDEMNITY. You agree to release,
indemnify, and hold us, the Registry Operator, our contractors, agents,
employees, officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising out
of or relating to the domain name registered 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 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 both us and the Registry Operator harmless
pursuant to the terms and conditions contained in the Dispute Policies.
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 shall be a breach of your Agreement
and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or expiration
of this Agreement. 17. TRANSFER OF OWNERSHIP. The person named as
registrant on the WHOIS shall be the registered name holder. The person
named as administrative contact at the time the controlling user name
and password are secured shall be deemed the designate of the
registrant with the authority to manage the domain name. You agree that
prior to transferring ownership of your domain name to another person
(the "Transferee") you shall require the Transferee to agree in writing
to be bound by all the terms and conditions of this Agreement. Your
domain name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along with the
applicable transfer fee. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the
terms and conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name. 18. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the
Dispute Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the breach,
to you. If 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. 19. NO GUARANTY. You acknowledge that
registration or reservation of your chosen domain name does not confer
immunity from objection to either the registration, reservation, or use
of the domain name. 20. 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. 21. 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 full name, postal
address, e-mail address and voice telephone number and fax number (if
available) (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 telephone number and fax number (if available)
telephone numbers of the administrative contact, the technical contact
and the billing contact for the domain name; (iv) The IP addresses and
names of the primary nameserver and any secondary nameserver(s) for the
domain name. You acknowledge and agree that the foregoing registration
data will be publicly available and accessible on the Whois directory
as required by ICANN and may be sold in bulk in accordance with ICANN
policy. You further understand and agree that the foregoing
registration data may be transferred internationally. 22. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we
will make domain name registration information you provide available to
ICANN, to the registry administrators, and to other third parties as
applicable. 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 ICANN and applicable laws. You hereby consent
to any and all such disclosures and 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 Reseller. 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. 23.
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
e-mail 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 ICANN Agreement or an
ICANN/Registry Operator policy. 24. RIGHT OF REFUSAL. We, and/or
Registry Operator, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register you for
other Services, to protect the integrity and stability of the Registry,
to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with the dispute resolution
process, or to avoid any liability, civil or criminal, on our part
and/or that of the Registry Operator, as well as our affiliates,
subsidiaries, officers, directors and employees. We and the Registry
Operator reserve the right to suspend a domain name during the
resolution of a dispute. 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 a 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. We reserve the right to delete or transfer your domain
name following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party. 25.
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. 26. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. 27.
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. 28. 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 postal service. In the case of e-mail, valid notice shall
only have been deemed to be given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com, or in the case of
notification to you, to 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 five (5)
business days after the date of mailing and, in the case of
notification to us or to Reseller shall be sent to: Our address: TUCOWS
Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
29. ENTIRETY. You agree that this Agreement, the rules and policies
published by Tucows, ICANN and/or the Registry Operator 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. 30. 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. 31. INFANCY.
You attest that you are of legal age to enter into this Agreement. 32.
FOREIGN LANGUAGE: Controlling Language. In the event that you are
reading this agreement in a language other than the English language,
you acknowledge and agree that the English language version hereof
shall prevail in case of inconsistency or contradiction in
interpretation or translation. 33. 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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