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TERMS AND CONDITIONS OF THE UK
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.
TERMS OF SERVICE AND
DOMAIN NAME POLICIES
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