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WARNING: by registering
a domain name within the .uk Top Level Domain (a "Domain
Name"), you enter into a contract of registration with Nominet
UK ("We", "Our" or "Us") on the following terms and conditions.
This is a separate contract to any arrangement you may have
with any third party for the provision of internet services.
Nominet
is the Registry for all internet Domain Names ending in .uk
and provides a public service for the .uk namespace
on behalf of the Internet community. You can find out more
information about Nominet from our web site at http://www.nominet.org.uk.
Nominet is a not - for - profit company limited by guarantee
which is performing services on a cost recovery basis. This
is why we consider it reasonable to limit our liability in
certain respects so that we may continue to offer our services
in the interests of the whole internet community.
This Contract
includes our current Rules For The .uk Domain And Sub-Domains
("Rules") and the Policy and Procedure for our Domain Name
Dispute Resolution Service ("Policy" and "Procedure" as appropriate).
Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/drs.html
or can be obtained from us.
You may
have registered a Domain Name through a third party (usually,
but not always, your internet service provider). In these
terms and conditions, the term "Agent" means such a third
party.
- What
we will do
| 1.1. |
We
will process your application to register a Domain
Name and consider whether or not to accept it in accordance
with the criteria laid down in the Rules; |
| 1.2. |
If
your application is accepted, we will inform you or
your Agent. If your application is rejected, we will
inform you or your Agent as soon as reasonably practicable
and return to you or your Agent (as appropriate) any
payments received; |
| 1.3. |
Unless
the current Rules of the relevant sub-domain state
to the contrary, we will register Domain Names on
a first come, first served basis. Until we accept
your application, there is no guarantee that the Domain
Name you applied for will be entered in the Register
as such. We therefore recommend that you do not take
any action in respect of a Domain Name until you have
received confirmation from us that your application
has been accepted. |
| 1.4. |
After
your application has been accepted, we will enter
the Domain Name and other relevant details (namely
the data described in clause 6 below, together with
details of your Agent, if any) in the Domain Name
register database for the requested second level of
the .uk top level domain (the "Register"). |
| 1.5. |
We
will use the information in the Register entry for
the Domain Name to enable the resolution of requests
for the Domain Name, by pointing to the authoritative
name servers listed in the Register Entry for the
Domain Name. For further information about the technical
requirements for registering a Domain Name, please
contact your Agent. |
| 1.6. |
After
your application has been accepted and we have received
your registration fee, we will issue you with a registration
certificate and a reply form. |
| 1.7. |
Subject
to clause 8 below, we will transfer your Domain Name
and update the Register accordingly on receipt of
correctly completed transfer documentation from you
and any relevant transfer fee applicable at the time
of transfer. We will not transfer a Domain Name whilst
it is the subject of legal proceedings or proceedings
under our Dispute Resolution Service. |
| 1.8. |
Please
note that subject to clauses 8.5 and 8.6 we will not
refund any fees after your Domain Name and details
have been entered in the Register. |
| 1.9. |
Subject
to clauses 8.7 and 8.8 below, we will only make changes
to the details contained on the Register (other than
the registrant field), if we receive instructions
and approval from you or your Agent. |
| 1.10. |
Subject
to clauses 8.7 and 8.8, we shall only alter the details
contained in the "registrant" field of the Register
if we receive authorisation directly from you. |
- What
you must do
| 2.1. |
You
must ensure that we receive the registration or renewal
fee within one month after the issue of our invoice.
For the avoidance of doubt, if you use an Agent it
will be your responsibility to ensure that the Agent
has paid the registration or renewal fee to us within
one month of the issue of our invoice. |
| 2.2. |
You
must sign and return to us the reply form which we
will send to you after registration or renewal as
appropriate. |
| 2.3. |
You
must inform us promptly of any change in your registered
details, and those of your Agent if applicable. It
will be your responsibility to maintain and update
any details you submit to us and to ensure that your
details are up to date, and accurate. In particular,
it is your responsibility directly or by your Agent
to ensure that we have your full and correct postal
address. |
| 2.4. |
You
must promptly inform us of any court proceedings brought
in respect of the Domain Name. |
| 2.5. |
Any
name server listed in the Register entry for the Domain
Name must respond authoritatively to requests for
the Domain Name at all reasonable times. |
- Renewal
of your Domain Name Registration
| 3.1. |
The
registration period is two years from the date of
entry into the Register of your Domain Name registration.
Provided you pay us your renewal fee and subject to
clause 8 below, you will have the right to renew the
Domain Name registration by entering into a new Contract
with us for further periods of two years. |
| 3.2. |
Subject
to clause 3.3 below, when the Domain Name registration
falls due for renewal, we will contact your Agent
(at the Agent's address appearing in the Register)
to request payment of the relevant renewal fee. |
| 3.3. |
If
no Agent is listed on the Register entry for the Domain
Name, or if the Register entry for the Domain Name
indicates that you wish to be invoiced direct, we
will request payment of the relevant renewal fee direct
from you at the registrant address appearing in the
Register. |
| 3.4. |
If
we fail to receive the renewal fee within thirty (30)
days of our making a request for the renewal fee,
we will suspend your registration for at least 6 weeks
and if we do not receive payment within the suspension
period we will cancel your registration without further
notice to you. During any period of suspension, we
will not point to any name servers listed in the Register
entry for the Domain Name, and you will be unable
to use or transfer the Domain Name. |
- Exclusions
and Limitations of Liability
| 4.1. |
Nominet
does not carry out any investigation as to whether
you are entitled to register or have any rights in
the Domain Name. By registering the Domain Name we
are not acknowledging that you have any rights in
the name comprised in the Domain Name, and we are
not authorising you to use the Domain Name in the
course of trade. |
| 4.2. |
Nothing
in these terms and conditions limits or excludes our
liability for death or personal injury caused by our
negligence or for fraudulent misrepresentation. |
| 4.3. |
We
shall not be liable to you whether in contract, tort
(including negligence) or otherwise for: |
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| 4.3.1. |
any
loss of profit, revenue or other type of economic
loss (whether direct or indirect); |
| 4.3.2. |
loss
of business or contracts; |
| 4.3.3. |
loss
of anticipated savings or goodwill; or |
| 4.3.4. |
any
losses which a court holds to be consequential,
or indirect losses; arising out of or in connection
with the Contract, including but not limited
to: |
| 4.3.5. |
any
error or omission in entries to the Register;
and |
| 4.3.6. |
loss
of registration and/or use (for whatever reason
and whether temporary or otherwise) of the Domain
Name. |
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| 4.4. |
All
conditions and warranties which may be implied by
law into any Contract with you are excluded to the
fullest extent permissible by law. |
| 4.5. |
Our
aggregate liability to you whether under these terms
and conditions or otherwise (including liability for
negligence) shall not exceed £5,000. |
| 4.6. |
If
you are a consumer (ie you are not registering or
intending to use the Domain Name in the course of
a business, trade or profession) (a "Consumer"), the
provisions of clauses 4.3 4.4 and 4.5 above will not
apply to you. |
| 4.7. |
Nothing
in these terms and conditions will reduce your statutory
rights relating to faulty or misdescribed goods. For
further information about your statutory rights contact
your local authority Trading Standards Department
or Citizens Advice Bureau. |
- Warranties
By entering
into this agreement you consent to and warrant the following:
| 5.1 |
That
you (or your Agent) have obtained the consent of any
individual whose personal data is to be held on the
Register in accordance with clause 6; |
| 5.2 |
That
the details and information submitted by you to us
are true and correct, and that any future additions
or alterations to your details and information will
be true and correct, and that you will submit them
in a timely manner. Unless you are a Consumer, you
shall pay us (including the current or past members
of Nominet UK's Council of Management) any and all
reasonable costs, claims and expenses (whether direct
or indirect) arising out of any claim resulting from
your breach of this warranty; and |
| 5.3 |
That
by registering or using the Domain Name (in whatever
manner) you will not knowingly infringe the intellectual
property rights of a third party, that you are entitled
to register the Domain Name, and that you have not
registered the Domain Name in breach of trust. Our
right to rely upon this warranty will continue to
be available after completion of the registration
process and will not be affected by any surrender,
cancellation or transfer of the Domain Name. Unless
you are a Consumer, you shall pay us (including the
current or past members of Nominet UK's Council of
Management) any and all reasonable costs, claims and
expenses (whether direct or indirect) arising out
of any claim that your registration or use of the
Domain Name directly or indirectly infringes the intellectual
property rights of a third party. |
- Personal Data
| 6.1 |
The
Register is a public register for the purposes of
data protection legislation. The Register will include
your name and postal address, telephone and fax number
and email address together with any other relevant
details. This information (if it refers to individuals)
is 'personal data' for the purposes of data protection
legislation.
Personal data submitted by you will
be:
- Posted
onto the Register;
- Posted
onto the WHOIS database by us. The WHOIS database
is provided on our web site at http://www.nominet.org.uk.
Other Agents which provide an online Domain Name
registration service may point to our WHOIS database.
We will publish your name and address but will
not publish your telephone or fax number or email
address as part of the WHOIS database; and
- Used
as part of the Public Register Subscription Service
("PRSS"), under which we provide a compressed
form of the Register to subscribers. We provide
the PRSS only to trusted third parties, based
within the European Economic Area, under strict
contractual terms which prohibit the use of PRSS
data for the purposes of direct marketing. The
PRSS enables subscribers to perform WHOIS queries
and reverse look-ups. We will publish your name
and address but not your telephone or fax number
or email address as part of the PRSS;
- We
may provide your personal data to governmental
or law enforcement agencies at their written request
in connection with the conducting of any investigation
of criminal activities; and
- We
will provide your personal data to third parties
only if required to do so by a court order.
You
may write to us to request a copy of the personal
data held by us about you. We may charge a reasonable
fee for the provision of such data. As required
by the Data Protection Act 1998, we will adopt appropriate
security procedures in relation to the storage and
disclosure of information provided by you in order
to prevent unauthorised access. Our security procedures
mean that we may occasionally request proof of your
identity before we are able to disclose personal
information to you. Other than the uses identified
above, we will not disclose your personal information
to others.
You
should be aware that personal data posted on the
WHOIS database may be accessible to countries outside
the European Economic Area. By registering a Domain
Name you consent to your personal data being transferred
out of the European Economic Area and to our use
of your personal data for the purposes specified
above. |
- Domain Name
Dispute Resolution Service
| 7.1. |
You
will be bound by the Policy and Procedure of our Dispute
Resolution Service which are incorporated into these
terms and conditions and made a part of the Contract
by reference. The current version of the Policy and
Procedure can be found at our web site: http://www.nominet.org.uk/drs.html |
| 7.2. |
If
a dispute arises, you agree to be bound by the Policy
and Procedure which are current at the time that proceedings
under the Dispute Resolution Service are commenced
until the dispute is over. |
| 7.3. |
Neither
we nor our directors, officers, employees or servants
nor any expert shall be liable to a party for anything
done or omitted in connection with any proceedings
under the Dispute Resolution Service unless the act
or omission is shown to have been in bad faith. |
- Termination/Cancellation,
Suspension and Amendment of the Register
| 8.1. |
You
or your Agent may surrender registration of the Domain
Name by notice in writing to us at any time prior
to our receiving payment. |
| 8.2. |
After
we have received payment for a Domain Name, only you
(and not your Agent) may surrender the Domain Name. |
| 8.3. |
After
payment has been received but prior to the issue of
a registration certificate you may surrender the registration
by writing to us on headed notepaper which corresponds
to the registrant address field of the Register entry
for the Domain Name. |
| 8.4. |
If
a registration certificate has been issued, you may
surrender the Domain Name by correctly completing
the surrender of registration form (on the reverse
of the registration certificate). |
| 8.5. |
If
you are a Consumer, then you may cancel the Contract
by giving notice to us by any of the means set out
in clause 10.4 below at any time up to and including
7 working days following the day on which the Contract
is concluded, i.e. the date on which we give notice
to you or your Agent that we have accepted your application
to register a Domain Name. If you register or use
the Domain Name in the course of a business, trade
or profession, you will not have this right to cancel
the Contract. |
| 8.6. |
If
you cancel the Contract in accordance with clause
8.5 then we will provide you or your Agent (as appropriate)
with a full refund of our registration fee within
30 days from the day on which we receive notice of
your cancellation. If we refund your Agent, you may
have to seek direct from your Agent any further component
of the fees which you have paid. |
| 8.7. |
We
may cancel or suspend the registration of a Domain
Name by providing you with notice in writing in the
event of the following: |
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| 8.7.1. |
if
we do not receive your registration or renewal
fees in accordance with clause 2.1 above; |
| 8.7.2. |
if
you are in breach of the terms of this Contract
(including the Rules) and in the case of a breach
which is capable of remedy you fail to remedy
this within 30 days of receiving written notice
from us to do so; |
| 8.7.3. |
if
we receive independent verification that you
have provided grossly inaccurate, unreliable
or false registrant contact details, or failed
to keep such contact details up to date; |
| 8.7.4. |
if
you are in breach of the warranties contained
in clauses 5.1 and 5.3 of the Contract; or |
| 8.7.5. |
if
the Domain Name is being administered in a way
likely to endanger the operation of the Domain
Name System. |
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| 8.8. |
We
may transfer, suspend, cancel or amend the Domain
Name registration in the following circumstances:
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| 8.8.1. |
upon
receiving written instructions from you to take
such action together with any relevant fee; |
| 8.8.2. |
upon
receiving a copy of a perfected order of a court
of competent jurisdiction requiring such action,
or where the retention of a Domain Name by you
would be inconsistent with the terms of a perfected
court order received by us or any other legal
requirements; |
| 8.8.3. |
if
such changes are necessary in order to correct
an error relating to the Domain Name registration;
or |
| 8.8.4. |
following
a Decision requiring such action or an agreement
reached between the parties and approved by
us relating to proceedings under the Dispute
Resolution Service. |
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| 8.9. |
If
a name server listed for the Domain Name registration
does not respond authoritatively to requests for the
Domain Name, we may remove the name server from the
Register entry for the Domain Name. |
- Change of
Agent
| 9.1. |
If
you wish to change your Agent, you should first approach
your current Agent to arrange this. If your approach
is unsuccessful, we may at your request record a change
of Agent directly onto the Register entry for your
Domain Name registration. On receipt of your request,
we will approach your Agent (unless exceptional circumstances
apply). We will only comply with your request if: |
| 9.2. |
we
are satisfied that you have first approached your
Agent, and that the approach has been unsuccessful;
and |
| 9.3. |
we
are not informed by your Agent that there is an express
term in your contract with your Agent which can prevent
us from recording such a change. |
- General
| 10.1. |
If
any clause of these terms and conditions is held to
be unenforceable in whole or in part the other terms
and the rest of the provisions shall continue to be
valid and enforceable. |
| 10.2. |
We
may transfer our rights and obligations under the
Contract to any third party. You may transfer the
Contract, only on the transfer of the Domain Name,
in accordance with clauses 1.7 and subject to clause
8 above. |
| 10.3. |
The
internet is an emerging and evolving medium and the
regulatory and administrative framework under which
we operate is constantly developing. For these reasons
we reserve the right to make reasonable modifications
to the terms and conditions of this Contract (including
the Policy, Procedure and Rules) at any time during
the term. We will only do so when we have good reason.
No change will have the effect of requiring an increase
in fees from you in advance of the next renewal of
the Domain Name. Except where we are acting in pursuance
of a statutory requirement or a court order, changes
will be implemented across the board in all of our
Domain Name contracts following a process of open
public consultation. Each such change will be published
in advance (where practicable, 30 days in advance)
on our web site: http://www.nominet.org.uk/ and will
become binding and effective upon the date specified
therein. You should review our web site regularly
in order to be aware of all such changes. If you do
not agree with any change or proposed change to these
terms and conditions you are entitled to terminate
the Contract by providing us with thirty (30) days
notice in writing, in which case you will receive
a pro-rata refund of your registration fee in respect
of any unexpired portion of the term. |
| 10.4. |
If
you wish to contact us our postal address is Nominet
UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB,
England and our telephone number is +44(0) 1865 332211.
Our offices are open from 9.00a.m. to 5.30pm (UK local
time) Monday to Friday, except for public holidays.
Except as set out in the Policy and Procedure any
notice to be given under the Contract shall only be
deemed to be served if delivered by hand or sent by
pre-paid post, by fax or e-mail, to the party to whom
it is given at its last known postal or e-mail address
or fax number. Except as otherwise set out in the
Policy and Procedure the notice will be effective:
if delivered, on delivery; if sent by fax or email,
on the date of sending; and if by post, on the date
of posting. For the avoidance of doubt, any notice
sent to you will be deemed served if sent to the address
appearing in your Registrant's address field. |
| 10.5. |
This
contract is a binding document. Consumers should read
it carefully and ensure that it contains everything
you want and nothing you are not prepared to agree
to. These terms and conditions, together with the
Rules Policy and Procedure, constitute the entire
agreement between you and us for the registration
of the Domain Name, and supersedes all prior agreements,
understandings and representations whether oral or
written. |
| 10.6. |
These
terms and conditions shall be governed by the relevant
United Kingdom law, and by agreeing to be bound by
them you agree to submit to the exclusive jurisdiction
of the relevant courts of the United Kingdom. |
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