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.
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