We recognise our customers' need to have flexibility and choice. As such we deliver a range of services from our broad portfolio which brings innovative technology to you at sensible prices and with a dedication to customer service.

On Tap deals exclusively with business customers and we view each customer relationship as a partnership, helping you to understand technology and go beyond the specifications to ensure that the bigger picture is examined and understood.

Our success is built on the provision of end-to-end solutions - that you can count on - and project management at each stage of the solution delivery.

• Although On Tap will endeavour to provide as reliable a service as possible, we shall not be held liable for any loss or damages caused by the unavailability of our servers or services.
• The customer shall not use any domain hosted by On Tap to 'spam' or provide any tools designed to aid spammers (such as bulk mailers).
• The customer is responsible for the contents of the webpages they host with On Tap. It is their responsibility to ensure that they do not violate UK law and that copyrighted material is used with the permission of the copyright holder.
• We do not guarantee to back up your data, even if a backup service is offered to the customer. It is the customer's sole responsiblity to ensure that they have backups of important data.
• The customer is free to cancel their account in accordance with our Terms and Conditions that were in force at the point they signed up. As long as there is no outstanding amount due to be paid On Tap will assist in the transferal of any domain names the customer may have, if they so wish. If the customer still has an outstanding amount due to On Tap Networks then we reserve the right to retain control of the domain until this amount is paid. No refund will be given for time left before the account expires.
• If a site is generating traffic that is detrimental to access to other sites hosted by us we reserve the right to throttle or disable access to that site. Note that this is only for traffic exceeding the agreed bandwidth for the customers site.
• If the customer is registering a .uk, .com, .net, .org, .tv, .biz, .ca, .cc, .cn, .de, .eu, .info, .name or .us domain with On Tap Networks then they shall be aware of the OpenSRS Registration Agreement (see below) and by purchasing the domain agree to be bound by the terms and conditions laid out therein.
• This AUP is subject to change and the current version can always be found at . It is the customer's responsibility to check for new versions of the AUP. This document was last updated on August 21st 2007.
  

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OpenSRS Registration Agreement

EXHIBIT A
Registration Agreement

1. In this Registration Agreement ("Agreement"), "Registrant", "you" and "your" refers to the Registrant of each domain name registration, "we", "us" and "our" refers to Tucows.com Co., and "Services" refers to the domain name registration services provided by us as offered through On Tap Networks Ltd, the Registration Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.

2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. 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 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.

3. FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. 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 represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.

4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the 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.

7. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

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 adopted by the applicable registry. 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 applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

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

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name 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 will secure the agreement of any third party to the terms and conditions in this Agreement

11. 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.

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 the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries 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.

13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name , whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable 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 the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

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 Account Identifier 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. 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. RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page advising them that the site is no longer in service. If we have elected to renew the registration, you will be entitled to a grace period during which you may purchase the domain name from us. Additional costs may apply.

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:

(a) your name and postal address (or, if different, that of the domain name holder);

(b) the domain name being registered;

(c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;

(d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and

(e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.

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, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws.

(a) 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.

(b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

(c) We will not process or maintain 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.

(d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

20. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable registry policy.

21. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

23. 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.

24. 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 be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to This email address is being protected from spam bots, you need Javascript enabled to view it . Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:

 

TUCOWS.com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs

and in the case of no tification to you shall be sent to the address specified in the "Administrative Contact" in your Whois record.

25. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authorities are the complete and exclusive agreement between you and us regarding our Services.

26. 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.

27. INFANCY. You attest that you are of legal age to enter into this Agreement.

28. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

29. PRIVACY. Information collected about you is subject to the terms of Tucows' privacy policy, the terms of which are hereby incorporated by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html

30. CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

31. TLD'S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:

(a) .com/net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply: (i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;

(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(b) .org Domains: In the case of a ".org" registration, the following terms and conditions will apply: (i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;

(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(c) .info Domains: In the case of a ".info" registration, the following terms and conditions will apply: (i) Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.

(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;

(iii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario;

(iv) Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.

(d) .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply: (i) .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind;

(B) in the ordinary course of business; or

(C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.

For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.

(ii) Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;

(B) 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;

(C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

(D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;

(E) you have the authority to enter into this Registration Agreement; and

(F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

(iii) Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name;

(B) your postal address;

(C) your e-mail address;

(D) your voice telephone number;

(E) your fax number (if applicable);

(F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;

(G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name;

(H) the corresponding names of the primary and secondary nameservers;

(I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and

(J) any remark concerning the domain name that should appear in the Whois directory.

(K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.

(iv) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;

(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;

(collectively, the "Dispute Policies").

(v) The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.

(vi) The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.

(vii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(e) .name Domains. In the case of a ".name" registration, the following terms and conditions will apply: (i) .name Restrictions. Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

(ii) .name Representations. As a .name domain name registrant, you hereby represent that: (A) the registered domain name or second level domain ("SLD") e-mail address is your Personal Name.

(B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete,

(C) 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;

(D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

(E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and

(F) you have the authority to enter into this Registration Agreement.

(iii) E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.

You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding: (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

(B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

(C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or

(D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.

(iv) Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry's e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.

(v) You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.

(vi) You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.

(vii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. (A) the Eligibility Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;

(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and

(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.

(viii) The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.

(ix) The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.

(x) The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.

(xi) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located, presently Toronto, Ontario.

32. ccTLD'S

(a) .at Domains. In the case of a ".at" registration, the following terms and conditions will apply: (i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://nic.at/en/agb/ag_agb2003.asp. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(b) .be Domains. In the case of a ".be" registration, the following terms and conditions will apply: (i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) 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 .be Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.

(a) .ca Domains. In the case of a ".ca" registration, the following terms and conditions will apply: (i) 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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.

(ii) Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.

(iv) Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry's Registrant Agreement, the Registry's policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(v) You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry's failure or refusal to register a domain name, it's failure or refusal to renew a domain name registration, it's registration of a domain name, it's failure or refusal to renew a domain name registration, it's renewal of a domain name registration, it's failure or refusal to transfer a domain name registration, it's transfer of a domain name registration, it's failure or refusal to maintain or modify a domain name registration, it's maintenance of a domain name registration, it's modification of a domain name registration, it's failure to cancel a domain name registration or it's cancellation of a domain name registration from the Registry;

(b) .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply: (i) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy.

(ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.cc. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(c) .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply: (i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) 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 .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.

(d) .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply: (i) "Registry" means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People's Republic of China and the Chinese domain name system;

(ii) "Registry Gateway" means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People's Republic of China;

(iii) "Registry Operator" means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People's Republic of China.

(iv) Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to: (A) be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");

(B) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;

(C) harm national honour and national interests of the PRC;

(D) instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;

(E) spread rumours, disturb public order or disrupt social stability of the PRC;

(F) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;

(G) insult, libel against others and infringe other people's legal rights and interests in the PRC; or

(H) take any other action prohibited in laws, rules and administrative regulations of the PRC.

(v) Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.

(vi) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy ("Dispute Policy"), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.

(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.

(viii) If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

(ix) Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China's governmental agencies and the China Internet Network Information Centre ("CNNIC"), including but not limited to the following rules and regulations: (A) Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);

(B) Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);

(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and

(D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).

You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.

(x) Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy, (1) to correct mistakes by a party in registering the name, (2) for the resolution of disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any applicable laws, government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Agreement. Tucows, Registry Operator and CNNIC also reserve the right to "freeze" a domain name during the resolution of a dispute.

(xi) Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Tucows is located, and (3) the People's Republic of China.

(xii) Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.

(e) .de Domains. In the case of a ".de" registration, the following terms and conditions will apply: (i) Selection of a Domain Name. You represent that: (A) you have reviewed and have accepted the Registry's Terms and Conditions and the Registry's Guidelines and have provided your Reseller with written confirmation of same;

(B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany;

(C) 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.

(ii) 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 by the Registry or any court of law. 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 specified by the Registry or any court of law. (iii) Registry Policies. You agree to be bound by the Registry's Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry's documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at: 11.2. English:

(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html

(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html

11.3. German:

(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html

(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html





(h) .eu domains. In the case of a ".eu" registration, the following terms and conditions will apply: (i) Eligibility Criteria: .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (I) an undertaking having its registered office, central administration or principal place of business within the European Community;

(II) an organization established within the European Community without prejudice to the application of national law, or

(III) a natural person resident within the European Community.

(ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/en/documents/registration_policy_v._1_0.pdf and http://www.eurid.eu/en/documents/terms_and_conditions_v1_0_.pdf respectively. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(iii) 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 by the Registry or any court of law.

(iv) Sunrise and General Pre-registration Applications. You acknowledge that the submission of a "Sunrise" or a "General Pre-registration Application" does not ensure the registration of the domain name. In the event that your application does not result in a domain name registration, a portion of the registration fee shall be refunded after the deduction of a handling fee, which fee shall be subject to change based on fluctuations in the exchange rates of the US dollar and Euro. You agree that your sunrise application shall be subject to the pre-registration policies found at http://www.eurid.eu/en/launch/index_html.

(f) .fr Domains. In the case of a ".fr" registration, the following terms and conditions will apply: (i) Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) A legal entity: (I) whose head office is in France; (or),

(II) which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or),

(III) State institutions or departments, local authorities or associated establishments, (or),

(IV) which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory; or

(B) A natural person: (I) of French nationality; (or),

(II) of foreign nationality who are domiciled in France; (or),

(III) who own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.

(ii) Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the Registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.

(iii) Registry Policies. You agree to be bound by the Registry's Naming Charter, its registration rules for .fr. English language translations of the Registry's documents are provided for convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.

(iv) 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 by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. 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 specified by the Registry or any court of law.





(i) .it Domains. In the case of an "it" registration, the following terms and conditions shall apply: (i) Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.

(g) .nl Domains. In the case of a ".nl" registration, the following terms and conditions shall apply: (i) Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.

(ii) Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry's Registration Regulations. English language translations of the Registry's documents are provided for convenience and may be found at www.domain-registry.nl/sidn_english/flat/ General/Rules/Regulations.

(iii) 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 by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html. 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 specified by the Registry or any court of law.

(h) .tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply: (i) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.

(ii) Policy . You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the terms outlined therein.

(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and conditions will apply: (i) "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.

(ii) 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/DisputeResolution/DrsPolicy/. Please take the time to familiarize yourself with this policy.

(iii) 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.nic.uk/registrants/legal/terms/

When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts - one contract with Tucows and/or Reseller and one contract with Nominet UK.

Tucows and your Reseller 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; may be found at http://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller 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.

(iv) 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..

(j) .us Domains. In the case of a ".us" registration, the following terms and conditions will apply: (i) "DOC" means the United States of America Department of Commerce.

(ii) us Nexus Requirement. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.

(iii) Selection of a Domain Name. You certify and represent that: (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove;

(B) The listed name servers are located within the United States;

(C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;

(D) 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;

(E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

(F) You have the authority to enter into this Registration Agreement.

(iv) 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 and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies. (A) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

(B) The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.

(C) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement.

In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.

(v) Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator's policies can be found at http://www.neustar.us/policies.

(vi) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.

(vii) 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: (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder);

(B) The domain name being registered;

(C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;

(D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;

(E) In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.

Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.

(viii) Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws.

You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service: (a) Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry: (i) Contactprivacy.com shall appear as the Registrant and Contacts name(s);

(ii) Tucows' postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);

(iii) The primary and secondary nameservers shall be those designated by the Registrant;

(iv) The original date of registration and the expiration of each domain name;

(v) Tucows will be identified as the registrar of record.

(b) You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.

(c) You will will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.

(d) The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the transfer.

(e) We will send all obligatory renewal and transfer related messages to the Contacts you have designated.

(f) Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion.

(ii) Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records.

(iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions.

(iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.

(g) Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law;

(ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;

(iii) to comply with a legal process served upon Tucows;

(iv) to resolve any and all third party claims including but not limited to ICANN's or a Registry's dispute resolution policy;

(v) to avoid financial loss or legal liability;

(vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or

(vii) to transmit SPAM, viruses, worms or other harmful computer programs.

(h) You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.

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.

The Terms and Conditions below set out the basis on which we will provide services to you. You must read these Terms and Conditions carefully. If you place an order for products or services with us we will send you an order acknowledgement by email. Please note, this is not our agreement to provide the product(s) or service(s). If we agree to provide the product(s) or service(s) to you on this basis then we will send you a further confirmation email. We will consider any reasonable request for changes to these Terms and Conditions and our address for this purpose is as set out below. Part A contains the general terms and Part B terms relating to specific services.

Updates:
These Terms and Conditions are updated from time to time. It is your responsbility to check our terms and conditions page at http://www.ontapgroup.com/company/terms to view any changes. This document was last updated on February 5th 2009.

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Part A

1 DEFINITIONS

1.1 In these Terms, the following words shall (unless the context otherwise requires) have the following meanings:

 

·          Additional Charges - any charges additional to the Fee that may be invoiced by us to you in accordance with these Terms (whether by virtue of a specific provision or otherwise) which will be calculated on a time and materials basis in accordance with our then current standard rates;

·          Agreement - these Terms and the Order Form;

·          Supplier - any supplier to us from time to time of services in respect of the Service;

·          Fees - the amount(s) payable by you (excluding VAT) for the Services set out in Part B;

·          IPR - all patents, copyright, moral rights, design rights, know-how, Confidential Information, database rights, trademarks and service marks together with applications to register any of the above (where applicable);

·          Order Form - the form signed by you in respect of the Services;

·          Party - you and us;

·          Services - the services listed on the Order Form and in respect of each specific terms are set out in Part B and the detailed specifications are set out in the relevant Product Information Sheet displayed on our web site;

·          Start Date - the earliest of the Start Dates set out in Part B;

·          Terms - these terms and conditions consisting of Part A and Part B;

·          Us, we, our - On Tap Networks Limited of Suite 122, 70 Churchill Square Business Centre, West Malling, Kent, ME19 4YU;

·          Your, You - the organisation or person requiring the Services whose details are set out in the Order Form;

·          Web Site - www.ontapcreative.com;

 

2 OUR OBLIGATIONS

2.1 We agree to provide to you the Services for the Fees.

2.2 We will use all reasonable endeavours to provide the Services without interruption and materially error free.

2.3 You acknowledge that our obligations may be carried out on our behalf by a Supplier or other sub-contractor or agent.

 

3 YOUR OBLIGATIONS

3.1 You agree to pay the Fees as shown on the order form upon request.

3.2 You are responsible for the cost of all charges for telephone or cable services you incur while using the Services.

3.3 You agree that all information you have given to us is correct and that you will inform us if it changes. You accept that you will be liable for Additional Charges if you give us incorrect information that we act on.

3.4 You agree to indemnify us and any Supplier against any loss either of us may suffer from your use of the Services.

3.5 You agree that you will:

 

3.5.1 comply with any reasonable instructions or directions issued by us from time to time in respect of the Services;

3.5.2 conform to such protocols and standards as are issued from time to time in respect of the use of the Internet or the Services;

3.5.3 fully indemnify us against any costs and claims from any third party resulting from your acts or omissions in respect of the Services; and

3.5.4 comply with all applicable legislation (including but not limited to matters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).

 

3.6 You agree that you will not (and you will ensure that your employees, agents and sub-contractors do not):

 

3.6.1 use the Services for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:

 

a.        any act or omission which will or is likely to infringe the intellectual property rights of a third party;

b.        the transmission, display, downloading or uploading of any material or text which is or is likely to be construed as defamatory, offensive, abusive, obscene or which will or is likely to cause unnecessary anxiety or inconvenience to a third party;

c.        use of the Services in any way which is or is likely to violate or infringe the rights of any individual, firm or company in the United Kingdom or elsewhere.

 

3.6.2 to send or procure the sending of unsolicited advertising or promotional material; or

3.6.3 in a way that does not comply with any instructions given by us for reasons of health, safety or the quality of the Supplier's services or our system.

3.6.4 use the Services in anyway that will or is likely to make excessive use of our network (including but not limited to spamming).

3.6.5. contravene any provision listed in either section 3.6 or our separate Acceptable Usage Policy.

3.7 The person signing the Order Form warrants his or her authority to bind you to this Agreement.

 

4 LIABILITY

4.1 SAVE AS REQUIRED BY LAW WE DO NOT WARRANT THE SERVICES (OR ANY OF THEM) AGAINST FAILURE OF PERFORMANCE. WE DISCLAIM AND YOU WAIVE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE EQUIPMENT, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION, LIABILITY, RIGHT, REMEDY, CLAIM IN TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF US (WHETHER EXPRESS OR IMPLIED) SO FAR AS THE LAW PERMITS.

4.2 You agree that we are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses were within our contemplation, suffered or incurred by you or any third party arising out or in connection with the provisions of the Services (or any part of them).

4.3 Subject to clause 4.4 our total liability to you arising out of or in connection with this Agreement and the performance or observation of our obligations under them shall be limited to the greater of aggregate to the amount paid by you to us in the twelve months prior to the date on which your claim arose and £1,000.

4.4 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from our negligence or that of the Supplier, our employees or sub-contractors.

 

5 PROPRIETARY RIGHTS

5.1 All title, rights and interest (including but not limited to ownership and IPR) in the Services remain with us, the Supplier and our suppliers. You acknowledge such title, interest and rights and you shall not take any action or omit to take any action which will or is likely to jeopardise, limit or interfere in any manner such title, right or interest.

5.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to you under clause 2.1 gives you no rights to such content. If you wish to use such content, You must ensure that you have the appropriate consent or licence of the content owner.

5.3 You acknowledge that you shall have no rights to any IPR in the Services.

5.4 You grant us a royalty-free, worldwide, non-exclusive license to use your name, site name and URL in any promotional material.

 

6 TERMINATION

6.1 Independent of any additional rights to terminate set out in Part B, we may terminate or suspend your use of the Services (or any of them) at any time, at our sole discretion, if you breach any term of these Terms.

6.2 Unless terminated as set out elsewhere, or varied on your order form or quotation, this agreement will continue for a minimum period of one (1) calendar month. Thereafter, you may terminate this Agreement giving not less than one (1) calendar month’s written notice.

6.3 Upon termination of this agreement your right to use Service shall immediately terminate and you shall immediately stop using the Service.

6.4 Services that have not be fully delivered can be terminated or withdrawn without notice by us. We will refund any monies already paid to us in respect of these services in this case.

 

7 CONFIDENTIALITY

7.1 Each of us shall while we are providing Services under these Terms and thereafter keep secret and confidential all business, technical or commercial information disclosed to one of us by the other or otherwise which belongs to the other its sub-contractors, Supplier, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of these Terms or save as expressly authorised in writing to be disclosed by the other.

7.2 The obligation of confidentiality contained in clause 7.1 shall not apply or (as the case may be) shall cease to apply to business, technical or commercial information which:-

 

7.2.1 at the time of its disclosure by the disclosing Party is already in the public domain or which subsequently enters the public domain other than by the breach of these Terms;

7.2.2 is required to be disclosed under applicable law or order of a court of competent jurisdiction or government department or agency or by the London Stock Exchange, provided that prior to such disclosure the receiving Party shall advise to the disclosing Party of the proposed form of disclosure.

 

8 GENERAL

8.1 You accept that we may, in accordance with legal requirements, have to disclose information to governmental organisations (including the police) in respect of your use of the Services. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.

8.2 We may from time to time wish to notify you of additional services provided by us or third parties that we believe may be of interest to you. If you do not want to receive such information please write to us at the address for notice.

8.3 We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.

8.4 Any notice required or permitted under the Terms must be in English and be sent to us at any of the following addresses:

 

On Tap Networks Ltd, Suite 122, 70 Churchill Square Business Centre, West Malling, Kent, ME19 4YU

 

Any notice to be sent to you will be sent to the address which you provide when applying for the Services unless you notify us otherwise.

 

8.5 These Terms do not create a partnership, joint venture, agency or franchise relationship.

8.6 You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the Services) arising under these Terms without our prior written consent.

8.7 Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, us or the Supplier.

8.8 The headings to the sections of these Terms are for convenience only and have no substantive meaning.

8.9 These Terms are governed by the laws of England and Wales and we both submit to the exclusive jurisdiction of the English Courts.

8.10 If and in so far as any part or provision of these Terms is or becomes void or unenforceable it should be deemed not to be and never to have been nor formed a part of these Terms and the remaining provisions of these Terms shall continue in full force and effect. in such an event, we shall meet with you to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision which so far as possible results in the same economic effects.

8.11 This Agreement may not be amended, varied, supplemented or otherwise modified unless agreed by us in writing.

8.12 The failure by us to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and your obligation in respect of such future performance shall continue in full force and effect.

8.13 This Agreement supersedes any previous agreement between us and you in relation to the matters dealt with in it and you acknowledge and agree that you have not entered into this Agreement in reliance upon any representation, or statement or whether oral or written) made or alleged to have been made by us or our agents.

 

9 FAULTS IN THE SERVICE

9.1 You will immediately upon becoming aware of the same report any fault in the Equipment or the Service to us by e-mail This email address is being protected from spam bots, you need Javascript enabled to view it or via by raising a support ticket on our web site at http://www.ontapcreative.com/support.php. You will receive an automated response back by email with a tracking number. If you do not receive this email or you are unable to email or using our web site, you must telephone us on 01732 808245 immediately.

9.2 You acknowledge that occasionally we and/or our Supplier may have to temporarily interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances you shall have no claim against us for any such interruption or change.

9.3 You acknowledge that faults or outages may result in full or partial loss of service and that On Tap Networks cannot guarantee when such faults or outages will be resolved. In these circumstances you shall have no claim against us for any such fault or outage.

 

 

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Part B – DOMAIN NAMES

1)       We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

2)       The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

3)       We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

4)       We shall not release any domain to another provider unless full payment for that domain has been received by us.

5)       The information listed at http://www.ontapcreative.com/company/aup also forms part of this agreement.

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Part B – WEB SITE HOSTING AND EMAIL

1)       We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2)       You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

3)       You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

a)       you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so. 3(b)  you will not post, link to or transmit:

i)         any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

ii)        any material containing a virus or other hostile computer program.

iii)       any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

b)       You will not store on the server any of the following:

i)         Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, European or Local regulation.

ii)        Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of On Tap Networks Ltd. Also includes any sites which provide "links to" information about such material or advertising for such material.

iii)       Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

iv)      .EXE files - no unsolicited executable files can be stored on the servers for security and satiability reason.

4)       You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

5)       You shall observe the procedures that we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.

6)       You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

7)       Any access to other networks connected to On Tap Networks Ltd must comply with the rules appropriate for those other networks.

8)       While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

9)       The use of our services is covered by the provisions of our Acceptable Usage Policy. A copy of which is available on our web site at http://www.ontapcreative.com/company/aup

10)       You shall keep backups of all web site and/or email content. We are under no obligation to backup your web site and/or email content. We will not be held responsible for any loss of your web site and/or email content.

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Part B – RESELLERS

1)       By becoming a reseller of our Services you agree to be bound by these Terms and Conditions and that you will be responsible for ensuring that your customers using our Services are also bound by these Terms and Conditions.

 

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Part B – Development services

1)       In addition to the provisions in this Agreement, usage of any systems developed or customised by us may also covered under separate a End User License Agreement specific to the system you have ordered.

2)       If this is so and you have not agreed to this separate End User License Agreement please do so before placing your order.

3)       We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

4)       You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

5)       You represent, undertake and warrant to us that you will use the developed system only for lawful purposes. In particular, you represent, warrant and undertake to us that,

a)       you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so. 5(b)  you will not post, link to or transmit:

i)         any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

ii)        any material containing a virus or other hostile computer program.

iii)       any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

b)       You will not store on any server supplied by us any of the following:

i)         Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, European or Local regulation.

ii)        Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of On Tap Networks Ltd. Also includes any sites which provide "links to" information about such material or advertising for such material.

iii)       Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

iv)      .EXE files - no unsolicited executable files can be stored on the servers for security and satiability reason.

6)       You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

7)       You shall observe the procedures that we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.

8)       You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

9)       Any access to other networks connected to On Tap Networks Ltd must comply with the rules appropriate for those other networks.

10)       While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server or developed system will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

11)       The use of our services is covered by the provisions of our Acceptable Usage Policy. A copy of which is available on our web site at http://www.ontapcreative.com/company/aup

12)       We regret that refunds cannot be given for custom development either complete, or part complete under any circumstances.

13)       Unless otherwise agreed in advance, Consultancy and Development costs are payable as follows: 40% at point of order, then the remainder 60% due immediately upon a). For consultancy, completion of the period agreed or b). For development, delivery of the development project. If you choose to use some of the developed code prior to final delivery (for example, making a web site live before all project elements have been completed) you will immediately pay, upon presentation of an invoice, a proportion of the remainder based upon the amount of developed code in use.

14)       Training costs are payable within 5 days of the training taking place.

15)       On-going costs are payable either monthly in advance (for Hosted services) or annually in advance (for On-site services).

16)       By purchasing any development services you agree that you have reasonably determined that the service and/or product is suitable for use prior to purchase.

17)       We do not guarantee the speed or performance of the systems developed.

19)    Unless otherwise agreed in advance, code developed by On Tap is subject to a 30 day warranty period in which all defects will be fixed free of charge.

18)    All timescales specified for project completion or delivery are approximations only. You agree that On Tap cannot be held responsible for any delays or differences to timescales already discussed.

19)    If the development services include us performing work on your web site and we are your main supplier for such services, then you grant On Tap the right to place a small inconspicuous link in the footer of your website linking back to the On Tap web site. Visible wording will be, or similar to, "Powered by On Tap".

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Part B – IP Transit services

1. Our IP transit services are covered by the provisions of an SLA which can be viewed at http://www.ontapdatahost.com/network_sla.php

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Part B – Hosted Exchange free-trial

1. We offer a 30 Day Free Trial to our Exchange hosting service for new accounts only.
2. Customers ordering Exchange hosting services will pay any up-front costs as usual.
3. The 30 Day Free Trial applies to the mailbox portion of the service provided only.
4. There are specific exclusions from the 30 Day Free Trial offer:
• Additional mailboxes added to a customer's account after their initial order are excluded from the 30 Day Free Trial offer.
• Dedicated and on-site Exchange server solutions are specifically excluded from the 30 Day Free Trial offer.
• Initial setup fees and migration fees are excluded from the 30 Day Free Trial offer and are non-refundable.
• All add-on services are excluded from the 30 Day Free Trial, including but not limited to, BlackBerry, Good Mobile Messaging, additional disk space and email archiving.
5. To exercise the out clause of the 30 Day Free Trial, the customer should email support@ontapnetworks.com. This email must be received by On Tap within 30 days of the date when the service goes live in order to be valid. The customer's email must include the order reference number received at the point of order. Our system will send an automated acknowledgement email to the customer upon receipt of the customer email. If this automated acknowledgement email is not received by the customer, then the original email is not deemed to have been received by On Tap. The customer will receive a refund for the applicable fees paid up-front for the mailbox portion of the service within 14 days of their receipt of our automated acknowledgement email.

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Part B – Colocation services

1. Access to On Tap Network's data centres is restricted to a limited number of prior authorised staff. Access is at the sole discretion of On Tap Network and may be refused at any time.
2. All authorised staff must follow procedures provided by On Tap Networks in order to gain access to the data centres. Failure to follow these procedures may result in access being barred.
3. Customers with overdue accounts will not be allowed access to the data centres.
4. No equipment other than that of the customer must be touched.
5. No equipment is permitted to be removed from the data centre without prior written permission from On Tap Networks.
6. In the interest of security, all authorised staff must allow searches of their belongings, vehicles and their person when requested to do so by data centre staff.
7. Customers must ensure that their servers have adequate virus protection and have all relevant system patches applied.
8. On Tap Networks reserves the right to remove colocated equipment from its network in the following circumstances:
• The equipment is known to be involved in a DDoS (Distributed Denial of Service) attack
• The equipment is found to be probing ports for vulnerbilities on other equipment.
• The equipment is involved in any form of illegal activity.
• The equipment's internal security has been compromised.
• The equipment is causing network disruption.
• The customer does not comply with On Tap Network's Acceptable Usage Policy.
9. The colocation service is based upon the Customer's reservation and use of an agreed amount of rack space. Where the customer does not utilise some or all of the agreed amount of rack space, the customer will deemed to be reserving the space and charging will be as if the agreed space was fully occupied.
10. Colocation services are covered by our 100% Service Level Agreement which can be viewed at http://www.ontapdatahost.com/network_sla.php

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Part B – Managed Server services

1. All servers will have an 'Initial Build' agreed by On Tap Networks and the Customer.
2. On Tap Networks will support all of the software components defined within the Initial Build. Anything not listed on the Initial Build is not supported by On Tap Networks.
3. The customer will raise new requests for support using a procedure provided by On Tap Networks. Failure to follow this procedure may result in the request not been accepted.
4. On Tap Networks does not provide guaranteed fixed times for issues reported which relate to the Initial Build.
5. All issues with components listed in the Initial Build are categorised as follows:
• Critical - the server is completely down.
• High - the server is not operational. Mission-critical applications are severely impacted by the problem.
• Medium - you have limited use of your server. The server is considered unstable and is subject to periodic interruptions to service. Mission critial applications are not affected by the problem.
• Low - operation is not affected. You have a general question.
6. On Tap Networks will respond to these categories of issues in the following timescales:
• Critical - within 1 clock hour
• High - within 2 clock hours
• Medium - within 6 clock hours
• Low - within 24 clock hours
7. On Tap Networks does not guarantee that the server's security is not compromised. If a patch management service has been ordered, On Tap Networks will endeavour to ensure that the components listed on the Initial Build are as secure as possible. On Tap Networks will review the security of your server on a weekly basis. On Tap Networks will inform the Customer of any components on the Initial Build in need of update. A mutually agreeable time will be set for the upgrade to take place. On Tap Networks advises the Customer to make a full backup of the server prior to any patch work being undertaken.
8. Managed Server services are covered by our 100% Service Level Agreement which can be viewed at http://www.ontapdatahost.com/network_sla.php

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Part B – Magento extensions

1. Refunds - We offer a 30 day refund period for any extension purchased. You will be required to provide proof of purchase prior to any refund being issues. Requests for refunds after 30 days cannot be accepted. The refund does not include any costs you paid to have us install your extension for you.
2. Fulfilment - We will deliver any purchased Magento extensions as soon as we can. Delivery will typically be within 2 business days. If we cannot deliver within this timescale we will contact you and you then have the option of cancelling your order for a full refund.
3. Licensing - Use of your purchased extension is limited to the server(s) you designated at the point of order. We regret that due to the nature of this, we are unable to change the designated servers you may use it on after purchase.
4. Support - We offer 6 months free support for any purchased extension, starting from the purchase date. You may be required to provide proof of purchase before support is granted. Support can be obtained by emailing support@ontapnetworks.com. We do not offer telephone support as part of this free support. We will endeavour to answer all requests in a timely fashion, but we do not guarantee response times.
5. Bug fixes - Verifiable bugs that are submitted by the customer within 6 months of purchase shall be fixed at our earliest convenience free of charge.
6. Installation - You are responsible for installing the extension (or any provided upgrades to it), unless you have purchased an additional service to have us do it for you. In any circumstances, we accept no liability for any adverse effect as a result of installing the extension on your system. You are strongly advised to ensure that the extension is thoroughly tested on a non-live server first and to ensure that complete working backups are taken at every stage of the installation. It is your responsbility to do this.
7. Enhancements - We are happy to consider any suggestions for enhancements you may have. We are under no obligation to do these or include them in future versions. All enhancement work will be paid-for by the customer, with the exception of any work deemed by On Tap, at its sole discretion, to be free of charge.
8. Upgrades - You are entitled to free upgrades for the extension you have purchased for a period of 6 months from the date of purchase. If you purchased an additional service for us to install your original extension, this does not extend to us also installing upgrades. We can do this for you, but there is an additional cost to do so.

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Part B – All other services mentioned or not in the preceding sections of Part B

• All of our services by subject to our Accepable Usage Policy, a copy of which can be viewed at http://www.ontapcreative.com/company/aup
• Failure to pay invoices by their due date where a valid reason for not doing so is not made in writing, will result in the services being suspended until payment is received.
• We reserve the right to continue billing you even if the service is suspended.
• We reserve the right to claim costs and interest from all overdue monies owed to us.

On Tap is determined to protect your privacy. It is very important to us that you should be able to use and enjoy the website without having to reveal more information than is necessary.

However, knowing some information about our users is necessary to ensure that our service is continually improved. To be able to communicate with you we need to build an accurate picture of the needs and wishes of our users. This enables us to offer a service that is relevant and interactive.

Q: "What information do you collect about me?"
A. This depends on the nature of your involvement with our website. We may ask you to provide personal information on a voluntary basis in order to get a clearer picture of our users. It is then up to you whether give us this information.

If you enter our competitions, promotions or participate in other online offers you will need to give us some details about yourself. You may also choose to email us or contact us in other ways. Such contact gives us information about you.

If you have any financial dealings or make purchases with our trading partners they will ask for certain information. Some of this information will be shared with us so that we can send you your purchases. We do not see or keep credit card details unless you specifically send them to us.

Q: "For what purposes do you collect and use this information?"
A: We use aggregate audience details (where no individual is identifiable) to help us improve our understanding of our users and their preferences. We use it to assist us in arranging relevant advertising, commercial opportunities and competitions, as well as ensuring the best editorial coverage. It also helps us develop the website and audit its use.

The information about you as an identifiable individual, including contact details, may be used in the following ways:

• to conduct market research and other surveys.
• to create and draw to your attention editorial material and commercial opportunities that may be of interest to you.
• to be shared with advertisers, trading partners and other commercial entities with whom we have or might have an association. We may also share the information that they obtain about their users, which may include you.

Cookies
We use cookies to help personalise your use of our sites. A cookie is a small piece of information sent to your computer's hard drive by the web server so that our website can remember who you are. This information may include information relating to your use of our sites, information about your computer such as the computer's IP address and browser type, demographic data and, if you arrived at our site via a link from third party site, the URL of the linking page. If you are a registered user or subscriber this may include your name and email address for verification purposes. We use information from cookies for purposes which may include:

• identifying returning users, registrants and subscribers and to allow subscribers to be presented with a personalised version of the site
• enabling you to move more easily around our site
• tracking your use of our site to better develop our sites in accordance with your requirements
• building up a demographic profile

Remember, you can delete cookies from your hard drive at any time however this will mean that any settings such as your stored username and password will have to be reset. You can set your internet browser so that it will not allow cookies to be stored on your computer. This may reduce functionality of the site, prevent access to subscriber-only areas of the site and mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your computer can be found on http://www.allaboutcookies.org under the "manage cookies" section. Alternatively go to the help menu within your internet browser.

From time to time we may permit 3rd party companies to set cookies on this website for purposes which may include market research, serving advertisements, revenue tracking or to improve functionality of the site.

Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us to analyse how users use this website. The information generated by the cookie about your use of our sites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our sites, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Q: "How private are my details?"
A: We only share personal information about you with third parties whom we have selected carefully and with whom we have, or may have, a commercial relationship. On Tap complies with the relevant legal requirements and takes all reasonable care to ensure that your information is secure and private and is only seen by responsible third parties. However we cannot be held responsible for the actions of any third party who receives or obtains access to the information, nor for any breach of security.

If you tell us that you do not want us to use your details, then data about your use of the website would then only form part of aggregated statistics and would not be related to you as an individual.

Q: "What do I do if I am not happy for you to share information about me with others?"
A: You may not wish us to share personal details about you with third parties outside this website, or to use your information in the other ways we have described in this Privacy Policy. You can e-mail us at info@ontapnetworks.com at any time to let us know of any objections you may have to how we use or disclose your data. In any event your personal details may be shared with third party organisations we have contracted to provide services to us, on an agency basis, which include processing data. We may also have to release information (which could include the contents of e-mail communications between any persons) because of a legal requirement on us or pursuant to a court order.

International transfer of personal data
As you will know, the internet does not recognise national boundaries. Services on the net are accessible globally so collection and transmission of personal data is not always confined to one country. You should be aware that by using the website and those of our partners or any site we link through to, your personal data may be processed in or transferred to other countries and you agree to your personal data being transferred or processed in this way.

Further information about the Data Protection Act can be found here: www.dataprotection.gov.uk

Last updated: December 2006