Terms and Conditions of
the Nominet Registry:
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.