General
 
 
Service Level Agreement (100% Uptime Guarantee)
 
 
Technical Support
This Terms and Conditions document supersedes any other or previous
Terms and Conditions.
WebAppCabaret Service Agreement:
GENERAL
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You are SOLELY responsible for any material
you put up on this site.
You must maintain a valid email address in your
user information profile at all times.
Account violations may lead to
termination of your account without notice.
If on a shared plan, you may not use our service for load testing.
Our service is designed for web sites and applications
that have already been development and tested.
NOTE: Plans, features, and services listed on our web site may differ
to your present service plan.

PAYMENT
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30 Day Money back guarantee and any promotional discount is only available
to NEW (FIRST TIME) customers. Any promotional discount is applied towards
the service plan and NOT the setup fee.
NO REFUNDS on Setup fee, domain registration, and ENHANCED support or labor.
NO REFUNDS AFTER 30 DAYS.
If you purchase a plan you agree to pay in advance or
at start of service - no later.  Failure to pay on the
due day may result in termination of your
service. In addition you may need to pay a late payment
surcharge and/or setup fee; the amount would be determined at that time.
Your files, and data, including emails, may be removed and deleted if payment
is past due.
After the first Month, if you wish to close your account, you must notify
us via email no later than 30 days in advance of your next billing due
date. Failure to do so may result in us charging you for the next billing
period.  
If your service is terminated for any reason, your account
and all data is deleted.  At this point we reserve the
right to NOT accept you as a customer.  To be re-instated
as a customer full payment for 1 year may be required in
advance.  Prices and Terms subject to change at any time.
NOTE: The price of subsequent installment payments may change if
the price of the service plan changes.
If your account is soon to expire, WebAppCabaret will make an
effort to send out an email notice with the email address on
file for the account. The notification is a courtesy as it is
the account owner's responsibility to make sure the account
is in good standing and the contact email is up to date. 
WebAppCabaret is not responsible if for any
reason the account owner fails to receive an expiration notice; resulting
in the removal of the web account.

CANCELLATION:
To verify a cancellation request we require the cancellation request be
emailed with the account owners's email address on file as the reply address.
If requesting a cancellation over the phone, you may be required to supply
the last 4 digits of the credit card we have on file for your account as
proof you are authorized to cancel the account.  Cancellation requests must
be made 30 days prior to next billing date.

No refund or partial refund are issued for early termination or cancellation
before the next billing date after the first 30 days.

You agree to use WebAppCabaret to run
a web application/site that
is not considered or deemed as a
"Virus".
The application should not run
excessive amounts of Threads or
use up excess memory,socket connections, CPU resource,
and disk space.  The application must
NOT be used for malicious intentions.
Your application must not generate
bulk email or spam.  If you generate SPAM from another host,
there must not be any information pointing back to our service,
such as an email address or URL host by WebAppCabaret.
The recipient of the SPAM may complain to their ISP.
The ISP may then block the IP Address of the server
which would effect other accounts on the server or the ISP
may go as far as blocking our entire network, which would
affect every server on our network.

FEATURES:
Please note, although your account may come with several features,
it may not be possible to run more than one of them at a time
due to incompability and resource issues or other.

We reserve the right to disallow the running of any demon
or agent type applications such as, but not limited to,
Tunnels or Non-browser clients.
The total bandwidth used on any day may not exceed the total bandwidth
allowed per month for your account divided by 30.
Bandwidth abuse on a shared server is an act of inconsideration to the
other accounts that share the same server. Any bandwidth
usage beyond your daily limit is a violation of the Terms and
Conditions. You will be charged a monetary penalty for excess bandwidth
over the daily limit.  If you exceed your daily limit by 1.5GB you will
be required to move your website to a plan that allows higher bandwidth
usage, such as a dedicated server. If you exceed your daily limit
for more than 4 days in a month you will be required to move to a
plan that allows higher bandwidth usage, such as a dedicated server
Failure to comply with these rules may result in the removal of your
account.
Unlimited Options for the Dedicated Hosting Plan is limited to available
System and Hardware resources on the dedicated server.

YOU WILL BE BANNED FROM THIS SERVICE IF YOU ONLY ATTEMPT TO DO ANY BULK
EMAILING HERE.  BULK MAILING, SPAMMING, AND JUNK MAILING IS ABSOLUTELY
NOT ALLOWED.  Your account is subject to removal without any refund or
notice if we receive any complaint of unsolicited mail or if our mail
server is black listed or blocked by others due to SPAM activities
by you.
If you generate SPAM from another host, there must not be any information
pointing back to our service, such as an email address or URL hosted by
WebAppCabaret.

The storage of any credit card numbers on our servers is discouraged. However if
you do store credid card information, it is your responsibility and
WebAppCabaret is not liable for compromised credit card numbers stored
on our servers.

No illegal, biased or offensive materials are allowed
on any site hosted on our servers.  Offensive material includes but is not
limited to pornography and hate materials.

Please do not infringe or re-distribute copyrighted
materials without the permission of the owner.
Terms and Conditions can change at anytime.

The 30 day money back guarantee is limited to customers in good standing.
Note: if a 30 day refund was issued and you decided to return,
you will need to pay for the 1 month that was credited and the 30 day money
back guarantee would not be applicable for your new account.

Any domain or ip addresses provided by WebAppCabaret
can change at anytime.

We reserve the right to refuse and/or remove any account,
application or material at any time, for any reason,
and without notice.

If you are a consultant and host your client's web-site on
WebAppCabaret, you are ultimately responsible for your client's
web-site.

Resellers
There is no refunds. We are not responsible or liable if you break the contract
and leave a customer hanging. Once your account is closed all accounts
owned by you is also deleted. You would be responsible and liable to your
customers.

If there is a dispute between owners of a web site hosted by us and other
parties we cannot do anything about that. They rent space from us just
like someone would for office space. We cannot enforce or be accountable for
transactions between a renter and their customer.


Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services,
WebAppCabaret offers its customers (also known as subscribers), and their
customers and users, the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information. WebAppCabaret
respects that the Internet provides a forum for free and open discussion
and dissemination of information, however, when there are competing
interests at issue, WebAppCabaret reserves the right to take certain
preventative or corrective actions. In order to protect these competing
interests, WebAppCabaret has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's
respective service agreement and is intended as a guide to the customer's
rights and obligations when utilizing WebAppCabaret's services. This AUP
will be revised from time to time. A customer's use of WebAppCabaret's
services after changes to the AUP are posted on WebAppCabaret's web site,
www.WebAppCabaret.com, will constitute the customer's acceptance of any
new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use the Internet, both in the information they acquire and in
the information they disseminate to others. When subscribers obtain
information through the Internet, they must keep in mind that WebAppCabaret
cannot monitor, verify, warrant, or vouch for the accuracy and quality of
the information that subscribers may acquire. For this reason, the
subscriber must exercise his or her best judgment in relying on information
obtained from the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise offensive.
Because WebAppCabaret cannot monitor or censor the Internet, and will
not attempt to do so, WebAppCabaret cannot accept any responsibility
for injury to its subscribers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also
must keep in mind that WebAppCabaret does not review, edit, censor, or
take responsibility for any information its subscribers may create.
When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation,
and other harmful speech. Also, because the information they create is
carried over WebAppCabaret's network and may reach a large number of
people, including both subscribers and nonsubscribers of WebAppCabaret,
subscribers' postings to the Internet may affect other subscribers and
may harm WebAppCabaret's goodwill, business reputation, and operations.
For these reasons, subscribers violate WebAppCabaret policy and the
service agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward WebAppCabaret, but also
because it can overload WebAppCabaret's network and disrupt service to
WebAppCabaret subscribers. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, WebAppCabaret has the
discretion to determine from all of the evidence whether the email
recipients were from an "opt-in" email list.
If you generate SPAM from another host,
there must not be any information pointing back to our service,
such as an email address or URL host by WebAppCabaret.

Intellectual Property Violations -- Engaging in any activity that
infringes or misappropriates the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, software
piracy, and patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity, or other
personal rights of others. WebAppCabaret is required by law to remove
or block access to customer content upon receipt of a proper notice of
copyright infringement. It is also WebAppCabaret's policy to terminate
the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using WebAppCabaret's network to advertise,
transmit, store, post, display, or otherwise make available child
pornography or obscene speech or material. WebAppCabaret is required
by law to notify law enforcement agencies when it becomes aware of
the presence of child pornography on or being transmitted through
WebAppCabaret's network.

Defamatory or Abusive Language -- Using WebAppCabaret's network as a
means to transmit or post defamatory, harassing, abusive, or
threatening language.

Forging of Headers -- Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks --
Accessing illegally or without authorization computers, accounts,
or networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known as "hacking").
Also, any activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other information
gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities -- Distributing information regarding the creation
of and sending Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities that disrupt
the use of or interfere with the ability of others to effectively use
the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or
otherwise making available any software, program, product, or service
that is designed to violate this AUP, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the
Internet or otherwise, to points outside the United States.

Usenet Groups -- WebAppCabaret reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content of the
newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to
be illegal, including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful,
that WebAppCabaret determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the subscriber.
WebAppCabaret will not, as an ordinary practice, monitor the
communications of its subscribers to ensure that they comply with
WebAppCabaret policy or applicable law. When WebAppCabaret becomes
aware of harmful activities, however, it may take any action to stop
the harmful activity, including but not limited to, removing
information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or take any other action it deems appropriate.

WebAppCabaret also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching
WebAppCabaret's facilities from those subscribers may have originated
from a customer of the subscriber or from another third-party.
WebAppCabaret does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites created
by customers of its subscribers. WebAppCabaret has the right to
directly take action against a customer of a subscriber. Also,
WebAppCabaret may take action against the WebAppCabaret subscriber
because of activities of a customer of the subscriber, even though
the action may effect other customers of the subscriber. Similarly,
WebAppCabaret anticipates that subscribers who offer Internet
services will cooperate with WebAppCabaret in any corrective or
preventive action that WebAppCabaret deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation
of WebAppCabaret policy.

WebAppCabaret also is concerned with the privacy of on-line
communications and web sites. In general, the Internet is neither
more nor less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, WebAppCabaret urges its subscribers to assume that all of
their on-line communications are insecure. WebAppCabaret cannot take
any responsibility for the security of information transmitted over
WebAppCabaret's facilities.

WebAppCabaret will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required to do so
by law, governmental authority, or when public safety is at stake.
WebAppCabaret may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also,
WebAppCabaret may disclose information, including but not limited to,
information concerning a subscriber, a transmission made using our
network, or a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation,
or governmental request. WebAppCabaret assumes no obligation to
inform the subscriber that subscriber information has been provided
and in some cases may be prohibited by law from giving such notice.
Finally, WebAppCabaret may disclose subscriber information or
information transmitted over its network where necessary to protect
WebAppCabaret and others from harm, or where such disclosure is
necessary to the proper operation of the system.

WebAppCabaret expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate WebAppCabaret policy.
Finally, WebAppCabaret wishes to emphasize that in signing the service
agreement or by creating an account, subscribers indemnify
WebAppCabaret for any violation of the service agreement, law,
or WebAppCabaret policy, that results in loss to WebAppCabaret or
the bringing of any claim against WebAppCabaret by any third-party.
This means that if WebAppCabaret is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will pay any
damages awarded against WebAppCabaret, plus costs and reasonable
attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet
users, including WebAppCabaret and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to support@WebAppCabaret.com
Service Level Agreement
WebAppCabaret is not responsible for disk crashes.
WebAppCabaret is not responsible for data lost due to disk crashes.
Although we make a best effort to secure our systems and network,
WebAppCabaret is not responsible for theft of customer's Data.
WebAppCabaret is committed to providing a reliable, high
quality hosting to support our customers worldwide. Delivering
consistent access to your data is a high priority for us and is part
of the reason we offer a Performance Guarantee.
Reliability - Guaranteed 100% uptime.*
Confidentiality - Your files are secure with us.
Data integrity - Daily backups protecting your files from loss or corruption.
The purpose of our Daily backups is for disaster recovery due to a fault by us.
Although we make a best effort to backup our customer's data and web site on a
daily basis, we cannot guarantee that is done each and every day.
Service does not include backup recovery. It is the customer's responsibility
if he/she so chooses to perform backups. Customers may request one restore per
month. There is a minimum labor surcharge of $25 for any additional backup
recovery.

Once your account is closed your backups are removed.
Please refer to our Network web page for specifics on our Backup procedure.
Support - 24/7 email support that provides prompt, useful answers to your
questions.

Our guarantee comes in the form of a credit (applied towards your next billing)
that is available to eligible customers in the event of network outage* that is

Due to a cause within a WebAppCabaret Hosting center AND
Exceeds 60 contiguous minutes.
Eligible customers may request one rebate of one full week of credit for
Internet services in the event they experience an outage of the type
mentioned above. The maximum credit is one full week of credit per month,
and this offer is limited to once a calendar month.
Please read below for complete details.

*Customer's specific service failure does not apply in this situation.
See "network outage" definition below for specifics.

Definitions:

WebAppCabaret network - the WebAppCabaret provided hosting network which
is comprised of
all equipment within each WebAppCabaret LANs (Local Area Network),
all wiring within each WebAppCabaret LAN.
The WebAppCabaret Network does NOT include:
equipment located on the customer premise
telephone circuits between a POP and the customer location
any networks or network equipment not owned or controlled by WebAppCabaret.
planned outages
partial outages of less than 60 contiguous minutes
or degradation of service due to high packet loss or similar conditions
which may be indicative of the Internet as a whole.

Despite our best efforts at monitoring our systems, if a customer site goes
down WebAppCabaret is not responsibly or liable for the downtime and any loss
commerce. WebAppCabaret's uptime guarantee is limited to the following:
60 contiguous minutes - an unbroken sequence of 60 minutes of network outage.
One rebate - a network outage of 60 contiguous minutes or longer entitles
the eligible customer to one rebate of one full week of credit on
Hosting services, based on customer's existing plan.

Eligible customer - any customer who has purchased Hosting service and
has a valid WebAppCabaret Hosting sales agreement. In addition, an
account must be up to date on all payments and in compliance with all
of the contract terms.

One full week credit - a credit of seven (7) days based on a thirty (30)
day month, of the Hosting service fees at the customer's current
monthly rate, exclusive of any services costs such as but not limited
to labor, taxes.

Service Credit Request Process:
All claims under this policy must be submitted as follows:
(incomplete requests will be returned):

Request made by e-mail to support@webappcabaret.com within 48 hours
after the event which caused the network outage
Include applicable server identification code
Customer Account
Organization name
Date and approximate beginning/end time of outage (specify time zone)
Claim Review Process:
All claims must be submitted via e-mail to support@webappcabaret.com.
Claims will be acknowledged within two business days and reviewed
within 10 business days of receipt. Upon coming to a decision, the
Customer will be notified by electronic mail whether the appropriate
service credit will be issued on the next invoice or reject the claim
by specifying the basis for rejection. Service credit is never applied
as part of a refund. Service credit cannot be accumulated.
Technical Support
Please check with us first to see if we are able to provide
technical assistance for your specific application. FREE Technical assistance
is limited to default setup and configuration of a JAVA EE application,
hosted at WebAppCabaret, which is open source and standards based.
Technical assistance requiring migration solutions or other
non-standard solutions, would be considered
consulting. Our consulting fees starts at $100 per hour.
WebAppCabaret's technical support is limited to problems incurred on our
servers.  WebAppCabaret is NOT responsible or obligated to resolve issues
on user's Client (such as a browser) or user's network access
(such as user's ISP).  WebAppCabaret's support does not include debugging
configuration, customizing, or programming issues.
We will try our best to solve problems that are caused by us
(such as a misconfigured server).
Phone support is provided for Professional and Enterprise customers
M-F 7-5 PDT. Regular support is 24x7 email.
Incidents may not exceed 10 per month. The maximum telephone support time
may not exceed a total of 2 hours for the first month and may not exceed
a total of 1 hour for subsequent months.
Any Support not covered by WebAppCabaret (in the above statement) may require
service and/or labor charges.


Policy Change
WebAppCabaret shall use reasonable efforts to notify YOU of any planned
changes to the WebAppCabaret network or facilities that affect the
Services provided herein.
TLD Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Tucows.com Inc. and "Services" refers to the domain name
registration provided by us as offered through WebAppCabaret, the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various
Services.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief,
neither the registration of the SLD 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 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"). You, by completing and submitting this
Agreement represent that the statements in your application are true.

4. TERM. You agree that the Registration Agreement will remain in full force during the length of the
term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of
your Domain Name Registration, then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during the length of the term of your Domain Name
Registration 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 will be extended accordingly. Should you transfer your domain name or should
the domain name otherwise be transferred due to another Registrar, the terms and conditions of this
contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering
domain names then in force between SLD holders 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 ICANN Uniform 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.opensrs.org/legal/udrp.shtml. 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.
For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.

9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the
Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless
be the SLD 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 SLD. You shall accept
liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the
licensee to the party providing you reasonable evidence of actionable harm. 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 states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in such states, 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. In no event shall our
maximum liability exceed five hundred ($500.00) dollars.

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 without
limitation VeriSign, Inc., and the directors, officers, employees and agents of each of them, including
attorney's fees, of 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. 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.

15. 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 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 other
information which we request from you at registration is voluntary. 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 ICANN, to the registry
administrators, and to other third parties as ICANN 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 ICANN 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 access or disclosure, alteration or destruction of that information.

20. 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
email 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.

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 [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:

Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1 - OR - [Insert
RSP address] 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. 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.

Uniform Domain Name Dispute Resolution Policy
Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999


Note: This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation
schedule.


1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the
Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your
Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you
and any party other than us (the registrar) over the registration and use of an Internet domain name
registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at
www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service
provider's supplemental rules.

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that (a) the statements that you made in
your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the
domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not
registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain
name in violation of any applicable laws or regulations. It is your responsibility to determine whether your
domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring
such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy or a later version of this
Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance
with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory
administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-
resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event
that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of
Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the
complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are
present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for
the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant
who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable
consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark
from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of
such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a
competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet
users to your web site or other on-line location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location
or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a
Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in
determining how your response should be prepared. Any of the following circumstances, in particular but
without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph
4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain
name or a name corresponding to the domain name in connection with a bona fide offering of goods or
services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain
name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN
by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except
in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure
state the process for initiating and conducting a proceeding and for appointing the panel that will decide
the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a single Administrative Panel. This petition
shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by this Policy or a later version of this Policy
adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the
Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of
your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative
Panel with respect to a domain name you have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative Panel determines in an exceptional
case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain
name registration should be canceled or transferred, we will wait ten (10) business days (as observed in
the location of our principal office) after we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then implement the decision unless we have
received from you during that ten (10) business day period official documentation (such as a copy of a
complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the
complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the
Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your
address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for
details.) If we receive such documentation within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence
satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has
been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us
regarding your domain name registration that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any
court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any
party other than us regarding the registration and use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any
other action necessary to defend ourselves.

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the
status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to
another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a
period of fifteen (15) business days (as observed in the location of our principal place of business) after
such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain name registration is being transferred
agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any
transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a
pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business
days (as observed in the location of our principal place of business) after such proceeding is concluded.
You may transfer administration of your domain name registration to another registrar during a pending
court action or arbitration, provided that the domain name you have registered with us shall continue to be
subject to the proceedings commenced against you in accordance with the terms of this Policy. In the
event that you transfer a domain name registration to us during the pendency of a court action or
arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from
which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of
ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes
effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in
which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute
is over, all such changes will be binding upon you with respect to any domain name registration dispute,
whether the dispute arose before, on or after the effective date of our change. In the event that you object
to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided
that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you
until you cancel your domain name registration.


UK Registration Agreement



In order that a party may hold a valid .co uk or .org uk domain name registration, Tucows Inc. requires that all registrants 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 [insert RSP name] and/or Tucows Inc., you accordingly agree as follows:

1. AGREEMENT. In this Registration Agreement ("Agreement"), "Tucows", "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 WebAppCabaret, 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 the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration 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 will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders 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 UK POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any NOMINET UK-adopted policy, term or condition, 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. The current NOMINET UK terms and conditions can be found at http://www.nominet.org.uk/ref/terms.html.

When you submit a request for a domain name registration with Tucows and/or RSP, you will be entering into two contracts - one contract with Tucows and/or RSP and one contract with NOMINET UK. NOMINET UK is the UK registry for .uk domain names.

Tucows and RSP will act as agents on your behalf by submitting your application to NOMINET for you, however, you will still be entering into a direct contract between you and NOMINET UK. This is a separate contract from this agreement; it is attached hereto and may also be found at http://resellers.tucows.com/opensrs/uk/ukterms.

Tucows and RSP must also make you aware that by accepting NOMINET's terms and conditions you are consenting to NOMINET using your personal data for a variety of reasons. In particular, your name and address may be published as part of NOMINET's WHOIS look-up service.

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; and (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 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 email 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 NOMINET UK Agreement or a NOMINET UK/Registry Operator policy.

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 [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 five (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
CANADA

OR -

WebAppCabaret
Santa Cruz,California
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.





Terms and Conditions of the Nominet Registry


WARNING: by registering a domain name within the .uk Top Level Domain (a "Domain Name"), you enter into a contract of registration with Nominet UK ("We", "Our" or "Us") on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.

This Contract includes our current Rules For The .uk Domain And Sub-Domains ("Rules") and the Policy and Procedure for our Domain Name Dispute Resolution Service ("Policy" and "Procedure" as appropriate). Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/ref/drs-policy.html or can be obtained from us.

You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term "Agent" means such a third party.

What we will do 1.1. We will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules;
1.2. If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received;
1.3. Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.
1.4. After your application has been accepted, we will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the "Register").
1.5. We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.
1.6. After your application has been accepted and we have received your registration fee, we will issue you with a registration certificate and a reply form.
1.7. Subject to clause 8 below, we will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.
1.8. Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name and details have been entered in the Register.
1.9. Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent.
1.10. Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the "registrant" field of the Register if we receive authorisation directly from you.


What you must do 2.1. You must ensure that we receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.
2.2. You must sign and return to us the reply form which we will send to you after registration or renewal as appropriate.
2.3. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.
2.4. You must promptly inform us of any court proceedings brought in respect of the Domain Name.
2.5. Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.


Renewal of your Domain Name Registration 3.1. The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.
3.2. Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent's address appearing in the Register) to request payment of the relevant renewal fee.
3.3. If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, we will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register.
3.4. If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.


Exclusions and Limitations of Liability 4.1. Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you have any rights in the name comprised in the Domain Name, and we are not authorising you to use the Domain Name in the course of trade.
4.2. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
4.3. We shall not be liable to you whether in contract, tort (including negligence) or otherwise for:
  4.3.1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);
4.3.2. loss of business or contracts;
4.3.3. loss of anticipated savings or goodwill; or
4.3.4. any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to:
4.3.5. any error or omission in entries to the Register; and
4.3.6. loss of registration and/or use (for whatever reason and whether temporary or otherwise) of the Domain Name.

4.4. All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent permissible by law.
4.5. Our aggregate liability to you whether under these terms and conditions or otherwise (including liability for negligence) shall not exceed Pd5,000.
4.6. If you are a consumer (ie you are not registering or intending to use the Domain Name in the course of a business, trade or profession) (a "Consumer"), the provisions of clauses 4.3 4.4 and 4.5 above will not apply to you.
4.7. Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.


Warranties
By entering into this agreement you consent to and warrant the following:

5.1 That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register in accordance with clause 6;
5.2 That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty; and
5.3 That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.


Personal Data 6.1 The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation.
Personal data submitted by you will be:

Posted onto the Register;

Posted onto the WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. We will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; and

Used as part of the Public Register Subscription Service ("PRSS"), under which we provide a compressed form of the Register to subscribers. We provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but not your telephone or fax number or email address as part of the PRSS;

We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and

We will provide your personal data to third parties only if required to do so by a court order.
You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others.

You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above.



Domain Name Dispute Resolution Service 7.1. You will be bound by the Policy and Procedure of our Dispute Resolution Service which are incorporated into these terms and conditions and made a part of the Contract by reference. The current version of the Policy and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html
7.2. If a dispute arises, you agree to be bound by the Policy and Procedure which are current at the time that proceedings under the Dispute Resolution Service are commenced until the dispute is over.
7.3. Neither we nor our directors, officers, employees or servants nor any expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.


Termination/Cancellation, Suspension and Amendment of the Register 8.1. You or your Agent may surrender registration of the Domain Name by notice in writing to us at any time prior to our receiving payment.
8.2. After we have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.
8.3. After payment has been received but prior to the issue of a registration certificate you may surrender the registration by writing to us on headed notepaper which corresponds to the registrant address field of the Register entry for the Domain Name.
8.4. If a registration certificate has been issued, you may surrender the Domain Name by correctly completing the surrender of registration form (on the reverse of the registration certificate).
8.5. If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the means set out in clause 10.4 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which we give notice to you or your Agent that we have accepted your application to register a Domain Name. If you register or use the Domain Name in the course of a business, trade or profession, you will not have this right to cancel the Contract.
8.6. If you cancel the Contract in accordance with clause 8.5 then we will provide you or your Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on which we receive notice of your cancellation. If we refund your Agent, you may have to seek direct from your Agent any further component of the fees which you have paid.
8.7. We may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:
  8.7.1. if we do not receive your registration or renewal fees in accordance with clause 2.1 above;
8.7.2. if you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so;
8.7.3. if we receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;
8.7.4. if you are in breach of the warranties contained in clauses 5.1 and 5.3 of the Contract; or
8.7.5. if the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.

8.8. We may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:
  8.8.1. upon receiving written instructions from you to take such action together with any relevant fee;
8.8.2. upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements;
8.8.3. if such changes are necessary in order to correct an error relating to the Domain Name registration; or
8.8.4. following a Decision requiring such action or an agreement reached between the parties and approved by us relating to proceedings under the Dispute Resolution Service.

8.9. If a name server listed for the Domain Name registration does not respond authoritatively to requests for the Domain Name, we may remove the name server from the Register entry for the Domain Name.


Change of Agent 9.1. If you wish to change your Agent, you should first approach your current Agent to arrange this. If your approach is unsuccessful, we may at your request record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, we will approach your Agent (unless exceptional circumstances apply). We will only comply with your request if:
9.2. we are satisfied that you have first approached your Agent, and that the approach has been unsuccessful; and
9.3. we are not informed by your Agent that there is an express term in your contract with your Agent which can prevent us from recording such a change.


General 10.1. If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.
10.2. We may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.
10.3. The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons we reserve the right to make reasonable modifications to the terms and conditions of this Contract (including the Policy, Procedure and Rules) at any time during the term. We will only do so when we have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the Domain Name. Except where we are acting in pursuance of a statutory requirement or a court order, changes will be implemented across the board in all of our Domain Name contracts following a process of open public consultation. Each such change will be published in advance (where practicable, 30 days in advance) on our web site: http://www.nominet.org.uk/ and will become binding and effective upon the date specified therein. You should review our web site regularly in order to be aware of all such changes. If you do not agree with any change or proposed change to these terms and conditions you are entitled to terminate the Contract by providing us with thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your registration fee in respect of any unexpired portion of the term.
10.4. If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in the Policy and Procedure 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. Except as otherwise set out in the Policy and Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent to you will be deemed served if sent to the address appearing in your Registrant's address field.
10.5. This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions, together with the Rules Policy and Procedure, constitute the entire agreement between you and us for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.
10.6. These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.



SCHEDULE A

Form of Registration Agreement



AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", *us" and "our" refer to TUCOWS Inc. and *Services* refers to the domain name registration provided by us as offered through (*RSP*). This Agreement explains our obligations to you, and explains your obligations to us for various Services. If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names (*Sunrise Period*), you agree to comply with the procedures, terms and obligations. You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.


SELECTION OF A DOMAIN NAME. You represent that, 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 and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.


FEES. As consideration for the Services you have selected, you agree to pay the RSP the applicable service 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.


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.


MODIFICATIONS TO AGREEMENT. You agree that we may: (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. If you have registered your name during the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution Policy (*Sunrise Dispute Policy*) found at (http://www.afilias.com/faq/sunrise-challenge.html). 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 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.


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.


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 Policies that are incorporated herein and made a part of this Agreement by reference. The current version of the general registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. 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 Sunrise Dispute Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as applicable.


POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, Registry Operator, ICANN or government-adopted policy, (1) to correct mistakes by us 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 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.


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.


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.


INDEMNITY. You agree to release, indemnify, and hold us, 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 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 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 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.


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.


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 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 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.


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