Terms & Conditions: Domain Name Registration (v1.2 12-04-2006)
Terms of Service
Teckna has been granted the right to provide Internet domain registration services for
second-level domain names within the .com, .org, .net, .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.
ICANN oversees the .com, .org and .net top-level domains. Nominet oversees the .co.uk,
.org.uk, .ltd.uk and .plc.uk top-level domains.
Upon Teckna's receipt of domain name registration information from you, Teckna shall submit
the information to the registry administrator for the appropriate top-level domain for approval and processing.
The registry administrator then puts into effect the domain name registration. Network Solutions, Inc.
currently acts as the registry administrator for the .com, .org, and .net
top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk
top-level domains.
This Service Agreement ("Agreement") sets forth the terms and
conditions of our agreement relating to your use of the domain name
registration services provided by Teckna to register an Internet domain name,
as well as the registration of the domain name.
To complete the
registration process, you must acknowledge that you have read, understood, and
agree to be bound by all the terms and conditions of this Agreement, any rules
or policies that are or may be published by Teckna from time to time, and the
rules and regulations set forth by the registry administrators for the
respective registries. This Agreement will become effective upon acceptance by
Teckna.
Teckna may at its sole discretion, elect to accept or reject any
application for registration of domain name for any reason, including but not
limited to, rejection due to a request for registration of a prohibited domain
name. Fees
As consideration for Teckna providing domain name registration services
to you, you agree to pay Teckna, prior to the approval of the desired domain
name registration, the amounts set forth in the Teckna Price Schedule, as
amended from time to time, for the initial registration of the domain name and
any subsequent renewals.
Your application will not be registered until Teckna receives actual
payment of the registration fee. If Teckna
does register a domain name prior to payment of the registration fee, Teckna
reserves the right to cancel that registration or restrict use of the domain
name until payment has been received.
All fees must be prepaid and are non-refundable, in whole or in part,
even if the domain name registration is suspended, cancelled or transferred
prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment
provider authorized by Teckna, the domain name registration shall be
transferred to Teckna as the paying entity for the registration. Teckna may
reinstate your domain name registration at its sole discretion upon its receipt
of the registration or renewal fee and its then current reinstatement fee. The
reinstatement fee is currently UK £100.
Payment must be made by credit card or other methods we indicate in
registration application or renewal form. We will renew your name for you
provided your credit card or other billing information is available and up to
date. If your billing information is not accurate and you wish to renew your
domain name registration, we will contact you to update this information and
charge accordingly. Changes
to registration policy
You acknowledge and recognize that the domain name system and the
practice of registering and administering domain names are continuously
evolving, and acknowledge and agree that Teckna may modify this Agreement as
necessary from time to time to comply with any agreements by which Teckna is or
will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance
of this Agreement and amendments. If at any time, you do not agree to such
changes, you agree that your sole remedy is to request that your domain name
registration be cancelled or transferred to a different domain name registrar. Contact
with Teckna
You acknowledge and recognize that all contact with Teckna in the first
instance should be made via the email address available on our website here, or
via our postal address.
You agree that Teckna is not obliged to offer telephone support as part
of your agreement. Domain
name registration information and its use
Information you are required to Submit
As part of the registration process, you are required to submit to Teckna
and keep updated the following information in connection with your application
for domain name registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing
address;
(c) the name, mailing address, email address,
telephone number, and fax number of the administrative contact for the domain
name; and
(d) the name, mailing address, email address,
telephone number and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all times with Teckna.
Teckna at its option may refuse to renew any registrations unless you maintain
current and updated information at all times.
Teckna may from time to time request additional information from you.
While not obligated to provide the additional information, you should provide
the additional requested information to ensure that you will obtain all the
products and services which Teckna makes available to domain name registrants. Additional Information Maintained About your Registration
In Addition to the information you provide, we maintain additional
information relating to your domain name registration, including:
(a) the original creation date of the
registration;
(b) the date and time the registration
application was submitted to us and the appropriate registry;
(c) communications constituting registration
orders, modifications, or terminations and related correspondence;
(d) records of account for your domain name
registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary
name servers and any secondary name servers;
(f) the name, mailing address, email address,
telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone
number, and fax number of the zone contact for the domain name;
(h) the expiration date of the registration;
and (i) other information regarding all other
activity regarding your domain name registration and related services. Obligations Relating to Data Provided by You
If in registering a domain name you provide information about a third
party, you hereby represent that you have provided notice to and have obtained
the express consent from the third party to the disclosure and use of the third
party's information as set forth in this Agreement. Disclosure and Use of Registration Information
You agree to authorize Teckna to provide any information to ICANN, the
registry administrators and to other third parties as ICANN and applicable laws
may require or permit. You acknowledge and agree Teckna may make publicly
available, some or all of the domain registration information provided by you,
for purposes of inspection such as through Teckna's WHOIS service, for targeted
marketing, or for any other purpose as required or permitted by ICANN and
applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits
and requirements that relate to the amount and type of information that Teckna
may or must make available to the public or to private entities, and the manner
in which such information is made available.
You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of information and
updated from time to time provide in connection with registration of a domain
name, whether during or after term of the registration of the domain name. You
hereby irrevocably waive any and claims and causes of action you may have
arising from such disclosure or use of the domain name registration
information.
We will not process any data about any identification natural person
that we obtain from you in a way incompatible with the purpose and limitations
described 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. Ownership of Data
You agree and acknowledge that Teckna owns the following:
(a) all database, compilation, collective and
similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works
generated from the domain name database; and
(c) information for the registrations for which
Teckna acts as the registrar including:
(i) the original
creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address,
telephone number, and fax number of the technical contact, administrative
contact, zone contact, and billing contact for the domain name;
(iv) remarks concerning the registered domain
name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in
connection with the provision of domain name registration services, other the
domain name being registered, and the IP names and addresses of the primary nameserver and any secondary nameservers.
Teckna does not have any ownership interest in your specific personal
registration information outside of your right in our domain name database. Agents
and Licences
You agree that in the event you register a domain name for another
entity, you represent that you have the authority to bind that entity as a
principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered
domain name to a third party, you remain the domain name holder of record and
remain responsible for all obligations under this Agreement, including payment
obligations, and providing and updating your full contact information, and
accurate technical, administrative, billing, and zone contact information
adequate to facilitate timely Resolution of any problems that arise in
connection with domain name and domain registration. Limitation
of Liability
You agree that Teckna shall, under no circumstances, be liable for any
special, indirect, incidental, punitive, exemplary, or consequential damages
resulting from loss of profits, arising out of or in connection with this Agreement,
even if Teckna has been advised of the possibility of such damages, and in
particular Teckna will not be liable for the following:
(a) suspension or loss of your domain
registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web
sites accessed by your registered domain name;
(e) non-delivery, mis-delivery,
corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Teckna;
(g) processing of an application for domain
name registration; or
(h) application of the Dispute Policy.
Teckna shall not, under any circumstances, be liable or responsible for
any errors, omissions or other actions by the registry administrator arising
out of or related to your application, receipt of, or failure to receive a
domain name registration.
Teckna's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for
registration of the domain name; and
(b)
£50.00 (UK Pounds).
Imdemnification of Teckna
You agree to defend,
indemnify and hold harmless Teckna and the registry administrator, including
our and its employees, directors, officers, representatives, agents and
affiliates, from and against any claim, action, suit, demand, loss, damages,
costs ( including reasonable legal fees, expert witness fees and expenses), or
other proceeding related to or arising out of the registration or use of the
domain name. This indemnification is in addition to any indemnification required
under the Dispute Policy. Representations
and Warranties
You represent and warrant that:
(a) all information provided in connection with
your domain name registration is accurate; and
(b) 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.
You acknowledge and agree that all domain name registration services
provided to you by Teckna are provided on an "as is" basis. Teckna
makes no representations or warranties of any kind, express or implied, in
connection with this Agreement or its domain name registrations services,
including but not limited to warranties of merchantability or fitness for a
particular purpose. Teckna makes no representation or warranties of any kind
that registrations or use of domain name under this Agreement will immunize you
from challenges to the domain name registration or from suspension,
cancellation, or transfer of the domain name to you. Breach
and Revocation
Teckna reserves the right to suspend, cancel, transfer or modify your
domain name registration in the event that:
(a) you materially breach this Agreement;
(b) you use your registered domain name to send
unsolicited commercial advertisements in contravention of applicable laws or
customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with
unlawful activity; or
(d) grounds arise for such suspension,
cancellation, transfer or other modification as provided in this Agreement.
You further acknowledge and agree that your domain name registration is
subject to suspension, cancellation or transfer by any ICANN procedure, by any
registrar (including Teckna) or registry administrator procedures approved by
an ICANN-adopted policy, or by any other country code top-level domain registry
administering procedures to correct mistakes by Teckna, another registrar or
the registry administrator in administering the name or for the resolution of
disputes concerning the domain name.
You also agree that Teckna shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as Teckna
receives a properly authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the suspension, cancellation transfer or
modification of the domain name registration.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Teckna's inquiries
concerning the acuracy of contact details within
fifteen (15) calendar days of request;
shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation of your domain name
registration. Other
Terms and Conditions
Force Majeure. Teckna
shall not be responsible for any failure to provide any service or perform any
obligation because of any act of God, strike, work stoppage, governmental acts
or directives, war, riot or civil commotion, equipment or facilities shortages
which are being experienced by providers of telecommunication services
generally, or other similar force beyond its reasonable control.
Non-Waiver. The failure of Teckna to require your
performance provision shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by Teckna of a breach
of any provision hereof be taken or held to be a waiver of the provision
itself.
Survival. The provisions, terms, conditions
representations, warranties, covenants, and obligations contained in or imposed
by this Agreement which by their performance after the termination of this
Agreement, shall be and remain enforceable not with standing termination of the
Agreement for any reason. However, neither party shall be liable to other for
damages of any sort resulting solely from terminating this Agreement in
accordance with its terms but each party shall be liable for any damage from
any breach by it of this Agreement.
Notice. You agree that any notice or
communications required or permitted to be delivered under this Agreement by Teckna
to you shall be deemed to have been given if delivered by e-mail, overnight
mail or United States mail in
accordance with the contact information you have provided.
Governing Law. Except as otherwise set forth in the
Dispute Policy with respect to disputes, this Agreement, your rights and
obligations and all contemplated by this Agreement shall be governed by the
laws of the United Kingdom.
Legal Fees. If any legal action or proceeding,
including arbitration, relating to the performance or the enforcement of any
provision of this Agreement is brought by any party to this Agreement, the
prevailing party shall be entitled to recover reasonable legal fees, expert
witness fees, costs and disbursements, in addition to any other relief to which
the prevailing party may be entitled.
Assignment. You shall not assign, sub-license or
transfer your rights or obligations under this Agreement to any third party
without the prior written consent of Teckna. However, in the event that Teckna
consents to such an assignment, sub-license or transfer, then this Agreement
shall ensure to the benefit of and
be binding upon the parties and their respective successors and permitted
assigns. General
Entire Agreement.This Agreement constitutes
the entire Agreement between the parties and agreements are representations or
warranties, express or implied, statutory or otherwise and no agreements
collateral here to than as expressly set or referred to here in. This Agreement
supersedes any prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with respect to the
subject matter expressly set forth here in.
Amendment in Writing This Agreement may not be amended or modified by
you except by means of a written document signed by both you and an authorized
representative of Teckna
Further Assurances. The
parties shall execute such further and other documents and instruments and take
such further and other actions as may be necessary to carry out and give full
effect to the transactions contemplated by this Agreement.
Relationship of the Parties. Nothing in
this Agreement shall be construed as creating an agency relationship,
partnership or joint venture between the parties.
Joint and Several Obligations. If any
party consists of more than one entity, their obligations here under are joint
and several.
No Third Party Beneficiaries. This Agreement does not provide and shall
not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law or be so
held by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole. Teckna will
amend or replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives and intent of Teckna
as reflected in the original provision. Specific
TLD / Reseller Registration Agreements
The following terms and conditions at
http://www.nominet.org.uk/registrants/legal/terms apply to .UK domain name registrations.
The following terms and conditions at
http://www.icann.org/dndr/udrp/policy.htm
apply to .com / .ent / ,org domain name registrations.(Amended 12/04/2006)
The following terms and conditions apply to any domains registered by us via the Tucows / SRS Reseller program.
Click Here
(Amended 12/04/2006)
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