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Terms and
Conditions of the Nominet Registry
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.
By registering a domain name, you agree to the publication
of your name and address as part of the public WHOIS database
service. If you are a Consumer, and you do not wish your address
to be published, please see our web site at http://www.nominet.org.uk
for more information on the Consumer opt out.
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 here 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.
1.What we will do
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;
1.1. 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;
1.2. 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.
1.3. 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").
1.4. 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.
1.5. 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.
1.6. 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.
1.7. 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.
1.8. 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.
1.9. 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.
2.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.
3.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.
4.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.
5.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.
6.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:
a.Posted onto the Register;
b.Unless you are a Consumer and have selected the Consumer opt
out provision , 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
c.Used as part of the Public Register Subscription Service ("PRSS"),
or any other service(s) amending or replacing it. Under the PRSS
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. Any service(s) which may replace
the PRSS will be provided on similar terms. 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 and/or as part of any other
service(s) amending or replacing it. If you are a Consumer you
may select the Consumer opt out provision in respect of the PRSS,
or any other service(s) amending or replacing it;
d.We may provide your personal data to governmental or law enforcement
agencies at their written request in connection with the conducting
of any investigation. We may provide your name and address to
third parties with a legitimate reason for requesting the information
upon their written request; and
e.Otherwise, 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. Please note that if at any point we discover that you
are no longer a Consumer, we will automatically post your personal
data onto the WHOIS and the PRSS and/or onto any other service(s)
amending or replacing the PRSS in accordance with clause 6.1(b)
and (c) above without further notice to you.
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.
7.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.
8.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; or
8.8.5. should you at any time withdraw your consent to having
your personal data displayed on the WHOIS and/or the PRSS and/or
any other service(s) amending or replacing the PRSS as set out
in Clause 6.1 above; or
8.8.6. if you are a Consumer, should you withdraw from the Consumer
opt out and refuse to allow Nominet to provide your personal data
on the WHOIS and/or the PRSS and/or any other service(s) amending
or replacing the PRSS in accordance with Clause 6.1 above.
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.
9.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 will at your request and on payment of the required fee record
a change of Agent directly onto the Register entry for your Domain
Name registration. On receipt of your request, we will notify
your Agent. You will remain liable for any charges you have incurred
under the terms of the contract with your Agent, which may include
a fee payable upon change of Agent.
10.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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