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.