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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 website 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. |
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- 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. |
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- 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. |
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- 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. |
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- 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. |
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- 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 website 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 website: 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.
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- 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. |
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- 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
website: http://www.nominet.org.uk/
and will become binding and effective upon the
date specified therein. You should review our
website 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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