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.