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.