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. |