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/ref/drs-policy.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:
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.
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:
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.
8.8. We may transfer, suspend, cancel or
amend the Domain Name registration in the
following circumstances:
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.
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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