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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.
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- 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).
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| 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
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| 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.
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- 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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