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Terms and Conditions of the Nominet Registry
In order that a party may hold a valid .co .uk or .org .uk
domain name registration, NOMINET UK, the entity granted
the exclusive right to administer the. registry for .uk
domains, requires that all organisations or individuals
applying to register, transfer or renew a .uk domain name
("Customer(s)") adhere to the following terms and conditions.
As a Customer, you accordingly agree as follows:
1. NOMINET UK's Rules For The .uk Domain And Sub-Domains
and the procedures of NOMINET UK's Dispute
Resolution Service, in each case as amended from time
to time, form part of the contract. Copies of those Rules
and procedures may also be obtained directly from NOMINET
UK.
2. If the Customer uses an agent for payment of fees,
NOMINET UK will first seek payment from the agent; but if
the agent does not pay the fees for whatever reason, NOMINET
UK will have the right to recover the fees from the Customer.
3. The Customer (or the transferee, as the case may
be) will:
3.1 except where this is the responsibility of
the Customer's agent) obtain the consent of individuals
whose personal data are to be held on the Register of .UK
Domain Names to the access referred to in Clause 7.10 below;
3.2 pay the initial registration fee to NOMINET UK within
one month after the issue of NOMINET UK's invoice;
3.3 sign and return the reply form attached to the Registration
Certificate, issued by NOMINET UK under clause 4.2 below,
confirming the Customer's acceptance of these terms and
conditions;
3.4 promptly notify NOMINET UK of any change to its registered
details, including where an agent is appointed, any change
to the agent's details; and
3.5 promptly notify NOMINET UK of any actual or threatened
proceedings brought in respect of the name used as a Domain
Name whether by or against the Customer.
4. NOMINET UK will:
4.1 process the application and consider whether
to accept or reject it in accordance with the criteria laid
down in NOMINET UK's Rules For The .uk Domain And Sub-Domains
in force at the time of the application for registration.
4.2 (if the application is accepted) enter the Domain Name
and other relevant details in the Register of .uk Domain
Names as a pending registration, and, on receipt of the
fee, issue a Registration Certificate to the Customer; if
the application is not accepted, NOMINET UK will notify
the Customer or the agent and return any payments received;
4.3 convert the pending registration to a full registration
on receipt of both the initial registration fee and the
correctly completed reply form attached to the Registration
Certificate; and
4.4 (subject to clause 11 below) on receipt of the Registration
Certificate, the correctly completed Transfer of Registration
on the reverse of the Certificate and the transfer fee applicable
at the time of the transfer, register the details of a transferee
of the Domain Name registration.
5. The initial registration period is two years from
the date of the application for registration. Thereafter,
the registration may be renewed indefinitely for further periods
of one or more years, on payment of the renewal fees applicable
from time to time, and subject to clause 11 below.
6. The Customer (either directly or via an agent) may
surrender the registration of the Domain Name by notice in
writing to NOMINET UK at any time prior to issue of a Registration
Certificate and on issue of the Certificate for that Domain
Name, by sending to NOMINET UK the Certificate and the correctly
completed Surrender of Registration (on the reverse of the
Certificate). No other method of surrender is permitted after
issue of a Certificate. Once the Domain Name and the Customer's
details have been entered in the Register of .UK Domain Names
as a full registration no refund of fees will be payable by
NOMINET UK.
7. NOMINET UK is entitled to register Domain Names
on a first come, first served basis, whether or not it has
received payment for their registration; and, until NOMINET
UK has confirmed it as a pending registration, there is no
guarantee that the Domain Name applied for will be entered
in the Register as such. Customers are advised not to take
any action in respect of the registration of a Domain Name
before it becomes a full registration.
7.1 If payment and the correctly completed reply
form attached to the Registration Certificate are not received
by NOMINET UK, NOMINET UK is entitled to cancel the pending
registration by notice in writing to the Customer or the
agent.
7.2 NOMINET UK may cancel the registration or suspend the
delegation of a Domain Name in exceptional circumstances
by notice in writing to the Customer or the agent. Exceptional
circumstances include, in particular: where to maintain
the registration would put NOMINET UK in conflict with statutory
obligations or the terms of a Court Order, or where the
registration or use of the Domain Name conflicts with NOMINET
UK's Rules For The .uk Domain And Sub-Domains in force from
time to time.
7.3 NOMINET UK does not accept any responsibility for the
use of any Domain Name on the Register of .UK Domain Names
and in particular for any conflict with trade marks, registered
or unregistered, or with rights to names in other contexts.
A Registration Certificate is not intended to be evidence
of ownership of the name used as a Domain Name.
7.4 NOMINET UK will use its reasonable endeavours to ensure
that the appropriate details of the Customer's registration
are correctly entered and maintained in the Register of
.UK Domain Names. All conditions and warranties which may
be implied (by law or as a result of prior negotiations)
into the contract between NOMINET UK and the Customer are
excluded to the extent permitted by law. In no circumstances
will NOMINET UK be liable for any loss of profit, business
or anticipated savings suffered by the Customer.
7.5 NOMINET UK's liability to the Customer under the contract
or otherwise (including liability for negligence) is limited
to 125% of the registration fees paid in respect of a particular
period of registration.
7.6 The Customer warrants to NOMINET UK that the details
submitted by the Customer to NOMINET UK are true and correct,
and that future additions or alterations to those details
will be true and correct.
7.7 The Customer warrants to NOMINET UK that neither the
registration of the Domain Name nor the manner in which
the Domain Name is directly or indirectly used infringes
the legal rights of a third party. NOMINET UK's remedies
under this warranty will continue to be available after
completion of the registration process and notwithstanding
any subsequent surrender, cancellation or transfer of the
registration of the Domain Name.
7.8 The Customer indemnifies NOMINET UK and each of the
members of its Council of Management against any claim that
the registration of the Domain Name or the manner in which
the Domain Name is directly or indirectly used infringes
the legal rights of any third party (except for claims arising
from NOMINET UK's negligence or breach of the terms of the
contract); and indemnifies them against the reasonable costs
and expenses, however they may arise, incurred in defending
or dealing with such a claim.
7.9 The Register of .UK Domain Names will include the names
of the Customer and the Administrative Contact and other
details relating to them. This information (if it refers
to individuals) is 'personal data' for the purposes of data
protection legislation. NOMINET UK may allow other organisations
and members of the public to access the data for the purpose
of obtaining information about the registration of the Domain
Name or any other related purpose.
8. The restrictions and indemnities in clause 7 above
are considered to be reasonable in the context of NOMINET
UK's status as a not-for-profit company limited by guarantee
that is performing a service on a cost-recovery basis.
9. If any clause of these terms and conditions is held
to be invalid or unenforceable in whole or in part, the invalid
or unenforceable wording shall be deemed to be omitted.
10. The contract may be assigned by NOMINET UK. The
Customer may assign the contract subject to any change made
pursuant to clause 11 below, and transfer the registration
of the Domain Name, by sending to NOMINET UK the Registration
Certificate, the correctly completed Transfer of Registration
on the reverse of the Certificate and the transfer fee applicable
at the time of the transfer. No other method of transfer is
permitted.
11. NOMINET UK may change the terms and conditions
of the contract on renewal or transfer of the registration
of the Domain Name. All transfers and renewals will be made
under NOMINET UK's Terms &; Conditions for the Registration
of Domain Names current at the time of the transfer or renewal
and, in the case of a transfer, as agreed by the Transferor.
12. 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.
The notice will be effective: if delivered, on delivery; if
sent by fax or e-mail, when the sender receives confirmation
of receipt; and if sent by post, on the fourth day after posting.
13. These terms and conditions, together with the Rules
and procedures referred to in clause 1 above, constitute the
entire agreement between NOMINET UK and the Customer for the
registration of the Domain Name, and supersede all prior agreements,
understandings and representations whether oral or written.
Subject to clause 11 above, no variation may be made to the
contract unless it is in writing and signed by authorized
representatives of the Customer and NOMINET UK.
14. The contract shall be governed by English law,
and the Customer and NOMINET UK submit to the exclusive jurisdiction
of the English Courts. |
