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.
- 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.
- 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.
-
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.
-
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.
- 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.
- 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;
- 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
- 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;
- 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
- 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.
- 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/disputes/
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.
- 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.
-
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.
- 10.1. 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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