In order that a
party may hold a valid .co uk or .org uk
domain name registration, SiteTurn Networks
Inc. requires that all registrants adhere
to certain terms and conditions. As an organization
or individual applying to register, transfer
or renew an .uk domain name via the agency
of [insert RSP name] and/or SiteTurn Networks
Inc., you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement
("Agreement"), "SiteTurn
Networks", "we", us"
and "our" refer to SiteTurn Networks
Inc., and "Services" refers to
the domain name registration, transfer or
renewal services provided by us as offered
through SiteTurn Networks, Inc., the Registration
Service Provider ("RSP"). NOMINET
UK shall refer to the entity granted the
exclusive right to administer the registry
for .uk domain name registrations.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge
and belief, neither the registration of
the domain name nor the manner in which
it is directly or indirectly used infringes
the legal rights of a third party and that
the domain name is not being registered
for any unlawful purpose.
3. FEES. As consideration for the Services
you have selected, you agree to pay to us,
or your respective RSP who remits payment
to us on your behalf, the applicable fees.
All fees payable hereunder are non-refundable.
As further consideration for the Services,
you agree to: (1) provide certain current,
complete and accurate information about
you as required by the registration process,
and (2) maintain and update this information
as needed to keep it current, complete and
accurate. All such information shall be
referred to as account information ("Account
Information"). You, by completing and
submitting this Agreement, represent that
the statements in your application are true.
4. TERM. You agree that the Registration
Agreement will remain in full force during
the length of the term of your Domain Name
Registration. Should you choose to renew
or otherwise lengthen the term of your Domain
Name Registration, then the term of this
Registration Agreement will be extended
accordingly. This Agreement will remain
in full force during the length of the term
of your Domain Name Registration as selected,
recorded, and paid for upon registration
of the Domain Name. Should you choose to
renew or otherwise lengthen the term of
your Domain Name Registration, then the
term of this Registration Agreement will
be extended accordingly. Should you transfer
your domain name or should the domain name
otherwise be transferred due to another
Registrar, the terms and conditions of this
contract shall cease and shall be replaced
by the contractual terms in force for the
purpose of registering domain names then
in force between SLD holders and the new
Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that
we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services
provided under this Agreement. Any such
revision or change will be binding and effective
immediately on posting of the revised Agreement
or change to the service(s) on our web site,
or on notification to you by e-mail or regular
mail as per the Notices section of this
Agreement. You agree to review our web site,
including the Agreement, periodically to
be aware of any such revisions. If you do
not agree with any revision to the Agreement,
you may terminate this Agreement at any
time by providing us with notice by e-mail
or regular mail as per the Notices section
of this Agreement. Notice of your termination
will be effective on receipt and processing
by us. You agree that, by continuing to
use the Services following notice of any
revision to this Agreement or change in
service(s), you shall abide by any such
revisions or changes. You further agree
to abide by the NOMINET UK dispute resolution
policy ("Dispute Policy") as amended
from time to time. You agree that, by maintaining
the reservation or registration of your
domain name after modifications to the Dispute
Policy become effective, you have agreed
to these modifications. You acknowledge
that if you do not agree to any such modifications,
you may request that your domain name be
deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order
to change any of your account information
with us, you must use your Account Identifier
and Password that you selected when you
opened your account with us. Please safeguard
your Account Identifier and Password from
any unauthorized use. In no event will we
be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us,
or transferred a domain name to us from
another registrar, you agree to be bound
by the Dispute Policy which is incorporated
herein and made a part of this Agreement
by reference. The current version of the
Dispute Policy may be found at http://www.nic.uk/ref/drs.html.
Please take the time to familiarize yourself
with this policy.
8. DOMAIN NAME DISPUTES. You agree that,
if the registration or reservation of your
domain name is challenged by a third party,
you will be subject to the provisions specified
in the Dispute Policy in effect at the time
of the dispute. You agree that in the event
a domain name dispute arises with any third
party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained
in the Dispute Policy.
9. NOMINET UK POLICY. You agree that your
registration of the domain name shall be
subject to suspension, cancellation, or
transfer pursuant to any NOMINET UK-adopted
policy, term or condition, or pursuant to
any registrar or registry procedure not
inconsistent with an NOMINET UK-adopted
policy, (1) to correct mistakes by a registrar
or the registry in registering the name,
or (2) for the resolution of disputes concerning
the domain name. The current NOMINET UK
terms and conditions can be found at http://www.nominet.org.uk/ref/terms.html.
When you submit a request for a domain
name registration with SiteTurn Networks
and/or RSP, you will be entering into two
contracts - one contract with SiteTurn Networks
and/or RSP and one contract with NOMINET
UK. NOMINET UK is the UK registry for .uk
domain names.
SiteTurn Networks and RSP will act as agents
on your behalf by submitting your application
to NOMINET for you, however, you will still
be entering into a direct contract between
you and NOMINET UK. This is a separate contract
from this agreement; it is attached hereto
and may also be found at http://resellers.siteturn.com/opensrs/uk/ukterms.
SiteTurn Networks and RSP must also make
you aware that by accepting NOMINET's terms
and conditions you are consenting to NOMINET
using your personal data for a variety of
reasons. In particular, your name and address
may be published as part of NOMINET's WHOIS
look-up service.
10. AGENCY. Should you intend to license
use of a domain name to a third party, you
shall nonetheless be the domain name registrant
of record and are therefore responsible
for providing your own full contact information
and for providing and updating accurate
technical and administrative contact information
adequate to facilitate timely resolution
of any problems that arise in connection
with the domain name. You shall accept liability
for harm caused by wrongful use of the domain
name. You also represent that you have provided
notice of the terms and conditions in this
Agreement to the third party and that the
third party agrees to the terms of Disclosure
and Use of Registration Information (sections
18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve
the right to distribute information to you
that is pertinent to the quality or operation
of our services and those of our service
partners. These announcements will be predominately
informative in nature and may include notices
describing changes, upgrades, new products
or other information to add security or
to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree
that our entire liability, and your exclusive
remedy, with respect to any Services(s)
provided under this Agreement and any breach
of this Agreement is solely limited to the
amount you paid for such Service(s). We
and our contractors shall not be liable
for any direct, indirect, incidental, special
or consequential damages resulting from
the use or inability to use any of the Services
or for the cost of procurement of substitute
services. Because some jurisdictions do
not allow the exclusion or limitation of
liability for consequential or incidental
damages, in such jurisdictions, our liability
is limited to the extent permitted by law.
We disclaim any and all loss or liability
resulting from, but not limited to: (1)
loss or liability resulting from access
delays or access interruptions; (2) loss
or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or
liability resulting from the unauthorized
use or misuse of your account identifier
or password; (5) loss or liability resulting
from errors, omissions, or misstatements
in any and all information or services(s)
provided under this Agreement; (6) loss
or liability resulting from the interruption
of your Service. You agree that we will
not be liable for any loss of registration
and use of your domain name, or for interruption
of business, or any indirect, special, incidental,
or consequential damages of any kind (including
lost profits) regardless of the form of
action whether in contract, tort (including
negligence), or otherwise, even if we have
been advised of the possibility of such
damages.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless
from all liabilities, claims and expenses,
including attorney's fees, from claims by
third parties relating to or arising under
this Agreement, the Services provided hereunder
or your use of the Services, including without
limitation infringement by you, or someone
else using the Service with your computer,
of any intellectual property or other proprietary
right of any person or entity, or from the
violation of any of our operating rules
or policy relating to the service(s) provided.
You also agree to release, indemnify and
hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy.
When we are threatened with suit by a third
party, we may seek written assurances from
you concerning your promise to indemnify
us; your failure to provide those assurances
may be considered by us to be a breach of
your Agreement and may result in deactivation
of your domain name.
14. TRANSFER OF OWNERSHIP. Any transfer
of ownership in and to a domain name registration
shall be affected in accordance with NOMINET
UK policies and procedures.
15. BREACH. You agree that failure to abide
by any provision of this Agreement, any
operating rule or policy or the Dispute
Policy, may be considered by us to be a
material breach and that we may provide
a written notice, describing the breach,
to you. If within thirty (30) calendar days
of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations
under the Agreement, then we may delete
the registration or reservation of your
domain name. Any such breach by you shall
not be deemed to be excused simply because
we did not act earlier in response to that,
or any other, breach by you.
16. NO GUARANTY. You agree that, by registration
or reservation of your chosen domain name,
such registration or reservation does not
confer immunity from objection to either
the registration, reservation, or use of
the domain name.
17. DISCLAIMER OF WARRANTIES. You agree
that your use of our Services is solely
at your own risk. You agree that such Service(s)
is provided on an "as is", "as
available" basis. We expressly disclaim
all warranties of any kind, whether express
or implied, including but not limited to
the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
We make no warranty that the Services will
meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or
error free; nor do we make any warranty
as to the results that may be obtained from
the use of the Service(s) or as to the accuracy
or reliability of any information obtained
through the Service or that defects in the
Service will be corrected. You understand
and agree that any material and/or data
downloaded or otherwise obtained through
the use of Service is done at your own discretion
and risk and that you will be solely responsible
for any damage to your computer system or
loss of data that results from the download
of such material and/or data. We make no
warranty regarding any goods or services
purchased or obtained through the Service
or any transactions entered into through
the Service. No advice or information, whether
oral or written, obtained by you from us
or through the Service shall create any
warranty not expressly made herein.
18. INFORMATION. As part of the registration
process, you are required to provide us
certain information and to update us promptly
as such information changes such that our
records are current, complete and accurate.
You are obliged to provide us the following
information: (i) your name and postal address
(or, if different, that of the domain name
holder); (ii) the domain name being registered;
(iii) the name, postal address, e-mail address,
and voice and fax (if available) telephone
numbers of the administrative contact for
the domain name; and (iv) the name, postal
address, e-mail address, and voice and fax
(if available) telephone numbers of the
billing contact for the domain name. Any
voluntary information we request is collected
such that we can continue to improve the
products and services offered to you through
your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that
we will make domain name registration information
you provide available to NOMINET UK, to
the registry administrators, and to other
third parties as NOMINET UK and applicable
laws may require or permit. You further
agree and acknowledge that we may make publicly
available, or directly available to third
party vendors, some, or all, of the domain
name registration information you provide,
for purposes of inspection (such as through
our WHOIS service) or other purposes as
required or permitted by NOMINET UK and
the applicable laws. You hereby consent
to any and all such disclosures and use
of, and guidelines, limits and restrictions
on disclosure or use of, information provided
by you in connection with the registration
of a domain name (including any updates
to such information), whether during or
after the term of your registration of the
domain name. You hereby irrevocably waive
any and all claims and causes of action
you may have arising from such disclosure
or use of your domain name registration
information by us. You may access your domain
name registration information in our possession
to review, modify or update such information,
by accessing our domain manager service,
or similar service, made available by us
through your RSP. We will not process data
about any identified or identifiable natural
person that we obtain from you in a way
incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from
our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of
that information.
20. REVOCATION. Your wilful provision of
inaccurate or unreliable information, your
wilful failure promptly to update information
provided to us, or any failure to respond
to inquiries by us addressed to the email
address of the registrant, the administrative,
billing or technical contact appearing in
the "Whois" directory with respect
to a domain name concerning the accuracy
of contact details associated with the registration
shall constitute a material breach of this
Agreement and be a basis for cancellation
of the domain name registration. Any information
collected by us concerning an identified
or identifiable natural person ("Personal
Data") will be used in connection with
the registration of your domain name(s)
and for the purposes of this Agreement and
as required or permitted by the NOMINET
UK Agreement or a NOMINET UK/Registry Operator
policy.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register
or reserve your chosen domain name or register
you for other Services within thirty (30)
calendar days from receipt of your payment
for such services. In the event we do not
register or reserve your domain name or
register you for other Services, or we delete
your domain name or other Services within
such thirty (30) calendar day period, we
agree to refund your applicable fee(s).
You agree that we shall not be liable to
you for loss or damages that may result
from our refusal to register, reserve, or
delete your domain name or register you
for other Services.
22. SEVERABILITY. You agree that the terms
of this Agreement are severable. If any
term or provision is declared invalid or
unenforceable, that term or provision will
be construed consistent with applicable
law as nearly as possible to reflect the
original intentions of the parties, and
the remaining terms and provisions will
remain in full force and effect.
23. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be
construed as creating any agency, partnership,
or other form of joint enterprise between
the parties.
24. NON-WAIVER. Our failure to require
performance by you of any provision hereof
shall not affect the full right to require
such performance at any time thereafter;
nor shall the waiver by us of a breach of
any provision hereof be taken or held to
be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other
communication given under this Agreement
shall be in writing and given by sending
it via e-mail or via regular mail. In the
case of e-mail, valid notice shall only
have been deemed to have been given when
an electronic confirmation of delivery has
been obtained by the sender. In the case
of e-mail notification to us or to Customer Support
at http://support.siteturn.com or [Insert E-mail Address
for RSP] or, in the case of notice to you,
at the e-mail address provided by you in
your WHOIS record. Any e-mail communication
shall be deemed to have been validly and
effectively given on the date of such communication,
if such date is a business day and such
delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been
delivered on the next business day. In the
case of regular mail notice, valid notice
shall be deemed to have been validly and
effectively given five (5) business days
after the date of mailing and, in the case
of notification to us or to the RSP shall
be sent to:
SiteTurn Networks Inc.
Registrant Affairs Office
3239 Ramos Circle
Sacramento, CA 95827
USA
and in the case of notification to you
shall be to the address specified in the
"Administrative Contact" in your
WHOIS record.
26. ENTIRETY. You agree that this Agreement,
the rules and policies published by us and
the Dispute Policy are the complete and
exclusive agreement between you and us regarding
our Services. This Agreement and the Dispute
Policy supersede all prior agreements and
understandings, whether established by custom,
practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL
BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF PROVINCE
OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO
RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN ONTARIO AND YOU IRREVOCABLY CONSENT TO
THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of
legal age to enter into this Agreement.
29. INCONSISTENCIES WITH NOMINET UK. In
the event that this Agreement may be inconsistent
with any term, condition, policy or procedure
of NOMINET UK, the term, condition, policy
or procedure of NOMINET UK shall prevail.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT., GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
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