| 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.
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