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.
