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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
Concept Coders Ltd.
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/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.
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.
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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