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WARNING: by registering a domain name within the .uk Top
Level Domain (a "Domain Name"), you enter into a contract of
registration with Nominet UK ("We", "Our" or "Us") on the
following terms and conditions. This is a separate contract to any
arrangement you may have with any third party for the provision of
internet services. Nominet is the Registry for all internet
Domain Names ending in .uk and provides a public service
for the .uk namespace on behalf of the Internet community.
You can find out more information about Nominet from our web site
at
http://www.nominet.org.uk. Nominet is a not - for - profit
company limited by guarantee which is performing services on a
cost recovery basis. This is why we consider it reasonable to
limit our liability in certain respects so that we may continue to
offer our services in the interests of the whole internet
community.
This Contract includes our current Rules For The .uk
Domain And Sub-Domains ("Rules") and the Policy and Procedure for
our Domain Name Dispute Resolution Service ("Policy" and
"Procedure" as appropriate). Copies of the Policy, Procedure and
Rules are at
http://www.nominet.org.uk/ref/drs-policy.html or can be
obtained from us.
You may have registered a Domain Name through a third party
(usually, but not always, your internet service provider). In
these terms and conditions, the term "Agent" means such a third
party.
- What we will do
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1.1. |
We will process your application to register a Domain Name
and consider whether or not to accept it in accordance with
the criteria laid down in the Rules; |
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1.2. |
If your application is accepted, we will inform you or your
Agent. If your application is rejected, we will inform you
or your Agent as soon as reasonably practicable and return
to you or your Agent (as appropriate) any payments received; |
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1.3. |
Unless the current Rules of the relevant sub-domain state to
the contrary, we will register Domain Names on a first come,
first served basis. Until we accept your application, there
is no guarantee that the Domain Name you applied for will be
entered in the Register as such. We therefore recommend that
you do not take any action in respect of a Domain Name until
you have received confirmation from us that your application
has been accepted. |
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1.4. |
After your application has been accepted, we will enter the
Domain Name and other relevant details (namely the data
described in clause 6 below, together with details of your
Agent, if any) in the Domain Name register database for the
requested second level of the .uk top level domain
(the "Register"). |
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1.5. |
We will use the information in the Register entry for the
Domain Name to enable the resolution of requests for the
Domain Name, by pointing to the authoritative name servers
listed in the Register Entry for the Domain Name. For
further information about the technical requirements for
registering a Domain Name, please contact your Agent. |
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1.6. |
After your application has been accepted and we have
received your registration fee, we will issue you with a
registration certificate and a reply form. |
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1.7. |
Subject to clause 8 below, we will transfer your Domain Name
and update the Register accordingly on receipt of correctly
completed transfer documentation from you and any relevant
transfer fee applicable at the time of transfer. We will not
transfer a Domain Name whilst it is the subject of legal
proceedings or proceedings under our Dispute Resolution
Service. |
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1.8. |
Please note that subject to clauses 8.5 and 8.6 we will not
refund any fees after your Domain Name and details have been
entered in the Register. |
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1.9. |
Subject to clauses 8.7 and 8.8 below, we will only make
changes to the details contained on the Register (other than
the registrant field), if we receive instructions and
approval from you or your Agent. |
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1.10. |
Subject to clauses 8.7 and 8.8, we shall only alter the
details contained in the "registrant" field of the Register
if we receive authorisation directly from you. |
- What you must do
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2.1. |
You must ensure that we receive the registration or renewal
fee within one month after the issue of our invoice. For the
avoidance of doubt, if you use an Agent it will be your
responsibility to ensure that the Agent has paid the
registration or renewal fee to us within one month of the
issue of our invoice. |
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2.2. |
You must sign and return to us the reply form which we will
send to you after registration or renewal as appropriate. |
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2.3. |
You must inform us promptly of any change in your registered
details, and those of your Agent if applicable. It will be
your responsibility to maintain and update any details you
submit to us and to ensure that your details are up to date,
and accurate. In particular, it is your responsibility
directly or by your Agent to ensure that we have your full
and correct postal address. |
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2.4. |
You must promptly inform us of any court proceedings brought
in respect of the Domain Name. |
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2.5. |
Any name server listed in the Register entry for the Domain
Name must respond authoritatively to requests for the Domain
Name at all reasonable times. |
- Renewal of your Domain Name Registration
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3.1. |
The registration period is two years from the date of entry
into the Register of your Domain Name registration. Provided
you pay us your renewal fee and subject to clause 8 below,
you will have the right to renew the Domain Name
registration by entering into a new Contract with us for
further periods of two years. |
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3.2. |
Subject to clause 3.3 below, when the Domain Name
registration falls due for renewal, we will contact your
Agent (at the Agent's address appearing in the Register) to
request payment of the relevant renewal fee. |
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3.3. |
If no Agent is listed on the Register entry for the Domain
Name, or if the Register entry for the Domain Name indicates
that you wish to be invoiced direct, we will request payment
of the relevant renewal fee direct from you at the
registrant address appearing in the Register. |
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3.4. |
If we fail to receive the renewal fee within thirty (30)
days of our making a request for the renewal fee, we will
suspend your registration for at least 6 weeks and if we do
not receive payment within the suspension period we will
cancel your registration without further notice to you.
During any period of suspension, we will not point to any
name servers listed in the Register entry for the Domain
Name, and you will be unable to use or transfer the Domain
Name. |
- Exclusions and Limitations of Liability
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4.1. |
Nominet does not carry out any investigation as to whether
you are entitled to register or have any rights in the
Domain Name. By registering the Domain Name we are not
acknowledging that you have any rights in the name comprised
in the Domain Name, and we are not authorising you to use
the Domain Name in the course of trade. |
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4.2. |
Nothing in these terms and conditions limits or excludes our
liability for death or personal injury caused by our
negligence or for fraudulent misrepresentation. |
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4.3. |
We shall not be liable to you whether in contract, tort
(including negligence) or otherwise for: |
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4.3.1. |
any loss of profit, revenue or other type of economic
loss (whether direct or indirect); |
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4.3.2. |
loss of business or contracts; |
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4.3.3. |
loss of anticipated savings or goodwill; or |
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4.3.4. |
any losses which a court holds to be consequential, or
indirect losses; arising out of or in connection with
the Contract, including but not limited to: |
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4.3.5. |
any error or omission in entries to the Register; and |
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4.3.6. |
loss of registration and/or use (for whatever reason and
whether temporary or otherwise) of the Domain Name. |
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4.4. |
All conditions and warranties which may be implied by law
into any Contract with you are excluded to the fullest
extent permissible by law. |
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4.5. |
Our aggregate liability to you whether under these terms and
conditions or otherwise (including liability for negligence)
shall not exceed £5,000. |
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4.6. |
If you are a consumer (ie you are not registering or
intending to use the Domain Name in the course of a
business, trade or profession) (a "Consumer"), the
provisions of clauses 4.3 4.4 and 4.5 above will not apply
to you. |
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4.7. |
Nothing in these terms and conditions will reduce your
statutory rights relating to faulty or misdescribed goods.
For further information about your statutory rights contact
your local authority Trading Standards Department or
Citizens Advice Bureau. |
- Warranties
By entering into this agreement you consent to and warrant
the following:
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5.1 |
That you (or your Agent) have obtained the consent of any
individual whose personal data is to be held on the Register
in accordance with clause 6; |
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5.2 |
That the details and information submitted by you to us are
true and correct, and that any future additions or
alterations to your details and information will be true and
correct, and that you will submit them in a timely manner.
Unless you are a Consumer, you shall pay us (including the
current or past members of Nominet UK's Council of
Management) any and all reasonable costs, claims and
expenses (whether direct or indirect) arising out of any
claim resulting from your breach of this warranty; and |
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5.3 |
That by registering or using the Domain Name (in whatever
manner) you will not knowingly infringe the intellectual
property rights of a third party, that you are entitled to
register the Domain Name, and that you have not registered
the Domain Name in breach of trust. Our right to rely upon
this warranty will continue to be available after completion
of the registration process and will not be affected by any
surrender, cancellation or transfer of the Domain Name.
Unless you are a Consumer, you shall pay us (including the
current or past members of Nominet UK's Council of
Management) any and all reasonable costs, claims and
expenses (whether direct or indirect) arising out of any
claim that your registration or use of the Domain Name
directly or indirectly infringes the intellectual property
rights of a third party. |
- Personal Data
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6.1 |
The Register is a public register for the purposes of data
protection legislation. The Register will include your name
and postal address, telephone and fax number and email
address together with any other relevant details. This
information (if it refers to individuals) is 'personal data'
for the purposes of data protection legislation.
Personal data submitted by you will be:
- Posted onto the Register;
- Posted onto the WHOIS database by us. The WHOIS
database is provided on our web site at
http://www.nominet.org.uk. Other Agents which provide
an online Domain Name registration service may point to
our WHOIS database. We will publish your name and address
but will not publish your telephone or fax number or email
address as part of the WHOIS database; and
- Used as part of the Public Register Subscription
Service ("PRSS"), under which we provide a compressed form
of the Register to subscribers. We provide the PRSS only
to trusted third parties, based within the European
Economic Area, under strict contractual terms which
prohibit the use of PRSS data for the purposes of direct
marketing. The PRSS enables subscribers to perform WHOIS
queries and reverse look-ups. We will publish your name
and address but not your telephone or fax number or email
address as part of the PRSS;
- We may provide your personal data to governmental or
law enforcement agencies at their written request in
connection with the conducting of any investigation of
criminal activities; and
- We will provide your personal data to third parties
only if required to do so by a court order.
You may write to us to request a copy of the personal
data held by us about you. We may charge a reasonable fee
for the provision of such data. As required by the Data
Protection Act 1998, we will adopt appropriate security
procedures in relation to the storage and disclosure of
information provided by you in order to prevent unauthorised
access. Our security procedures mean that we may
occasionally request proof of your identity before we are
able to disclose personal information to you. Other than the
uses identified above, we will not disclose your personal
information to others.
You should be aware that personal data posted on the
WHOIS database may be accessible to countries outside the
European Economic Area. By registering a Domain Name you
consent to your personal data being transferred out of the
European Economic Area and to our use of your personal data
for the purposes specified above. |
- Domain Name Dispute Resolution Service
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7.1. |
You will be bound by the Policy and Procedure of our Dispute
Resolution Service which are incorporated into these terms
and conditions and made a part of the Contract by reference.
The current version of the Policy and Procedure can be found
at our web site:
http://www.nominet.org.uk/drs.html |
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7.2. |
If a dispute arises, you agree to be bound by the Policy and
Procedure which are current at the time that proceedings
under the Dispute Resolution Service are commenced until the
dispute is over. |
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7.3. |
Neither we nor our directors, officers, employees or
servants nor any expert shall be liable to a party for
anything done or omitted in connection with any proceedings
under the Dispute Resolution Service unless the act or
omission is shown to have been in bad faith. |
- Termination/Cancellation, Suspension and Amendment of the
Register
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8.1. |
You or your Agent may surrender registration of the Domain
Name by notice in writing to us at any time prior to our
receiving payment. |
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8.2. |
After we have received payment for a Domain Name, only you
(and not your Agent) may surrender the Domain Name. |
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8.3. |
After payment has been received but prior to the issue of a
registration certificate you may surrender the registration
by writing to us on headed notepaper which corresponds to
the registrant address field of the Register entry for the
Domain Name. |
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8.4. |
If a registration certificate has been issued, you may
surrender the Domain Name by correctly completing the
surrender of registration form (on the reverse of the
registration certificate). |
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8.5. |
If you are a Consumer, then you may cancel the Contract by
giving notice to us by any of the means set out in clause
10.4 below at any time up to and including 7 working days
following the day on which the Contract is concluded, i.e.
the date on which we give notice to you or your Agent that
we have accepted your application to register a Domain Name.
If you register or use the Domain Name in the course of a
business, trade or profession, you will not have this right
to cancel the Contract. |
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8.6. |
If you cancel the Contract in accordance with clause 8.5
then we will provide you or your Agent (as appropriate) with
a full refund of our registration fee within 30 days from
the day on which we receive notice of your cancellation. If
we refund your Agent, you may have to seek direct from your
Agent any further component of the fees which you have paid. |
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8.7. |
We may cancel or suspend the registration of a Domain Name
by providing you with notice in writing in the event of the
following: |
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8.7.1. |
if we do not receive your registration or renewal fees
in accordance with clause 2.1 above; |
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8.7.2. |
if you are in breach of the terms of this Contract
(including the Rules) and in the case of a breach which
is capable of remedy you fail to remedy this within 30
days of receiving written notice from us to do so; |
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8.7.3. |
if we receive independent verification that you have
provided grossly inaccurate, unreliable or false
registrant contact details, or failed to keep such
contact details up to date; |
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8.7.4. |
if you are in breach of the warranties contained in
clauses 5.1 and 5.3 of the Contract; or |
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8.7.5. |
if the Domain Name is being administered in a way likely
to endanger the operation of the Domain Name System. |
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8.8. |
We may transfer, suspend, cancel or amend the Domain Name
registration in the following circumstances: |
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8.8.1. |
upon receiving written instructions from you to take
such action together with any relevant fee; |
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8.8.2. |
upon receiving a copy of a perfected order of a court of
competent jurisdiction requiring such action, or where
the retention of a Domain Name by you would be
inconsistent with the terms of a perfected court order
received by us or any other legal requirements; |
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8.8.3. |
if such changes are necessary in order to correct an
error relating to the Domain Name registration; or |
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8.8.4. |
following a Decision requiring such action or an
agreement reached between the parties and approved by us
relating to proceedings under the Dispute Resolution
Service. |
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8.9. |
If a name server listed for the Domain Name registration
does not respond authoritatively to requests for the Domain
Name, we may remove the name server from the Register entry
for the Domain Name. |
- Change of Agent
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9.1. |
If you wish to change your Agent, you should first approach
your current Agent to arrange this. If your approach is
unsuccessful, we may at your request record a change of
Agent directly onto the Register entry for your Domain Name
registration. On receipt of your request, we will approach
your Agent (unless exceptional circumstances apply). We will
only comply with your request if: |
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9.2. |
we are satisfied that you have first approached your Agent,
and that the approach has been unsuccessful; and |
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9.3. |
we are not informed by your Agent that there is an express
term in your contract with your Agent which can prevent us
from recording such a change. |
- General
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10.1. |
If any clause of these terms and conditions is held to be
unenforceable in whole or in part the other terms and the
rest of the provisions shall continue to be valid and
enforceable. |
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10.2. |
We may transfer our rights and obligations under the
Contract to any third party. You may transfer the Contract,
only on the transfer of the Domain Name, in accordance with
clauses 1.7 and subject to clause 8 above. |
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10.3. |
The internet is an emerging and evolving medium and the
regulatory and administrative framework under which we
operate is constantly developing. For these reasons we
reserve the right to make reasonable modifications to the
terms and conditions of this Contract (including the Policy,
Procedure and Rules) at any time during the term. We will
only do so when we have good reason. No change will have the
effect of requiring an increase in fees from you in advance
of the next renewal of the Domain Name. Except where we are
acting in pursuance of a statutory requirement or a court
order, changes will be implemented across the board in all
of our Domain Name contracts following a process of open
public consultation. Each such change will be published in
advance (where practicable, 30 days in advance) on our web
site:
http://www.nominet.org.uk/ and will become binding and
effective upon the date specified therein. You should review
our web site regularly in order to be aware of all such
changes. If you do not agree with any change or proposed
change to these terms and conditions you are entitled to
terminate the Contract by providing us with thirty (30) days
notice in writing, in which case you will receive a pro-rata
refund of your registration fee in respect of any unexpired
portion of the term. |
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10.4. |
If you wish to contact us our postal address is Nominet UK,
Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England and
our telephone number is +44(0) 1865 332211. Our offices are
open from 9.00a.m. to 5.30pm (UK local time) Monday to
Friday, except for public holidays. Except as set out in the
Policy and Procedure 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. Except as otherwise set out in the
Policy and Procedure the notice will be effective: if
delivered, on delivery; if sent by fax or email, on the date
of sending; and if by post, on the date of posting. For the
avoidance of doubt, any notice sent to you will be deemed
served if sent to the address appearing in your Registrant's
address field. |
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10.5. |
This contract is a binding document. Consumers should read
it carefully and ensure that it contains everything you want
and nothing you are not prepared to agree to. These terms
and conditions, together with the Rules Policy and
Procedure, constitute the entire agreement between you and
us for the registration of the Domain Name, and supersedes
all prior agreements, understandings and representations
whether oral or written. |
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10.6. |
These terms and conditions shall be governed by the relevant
United Kingdom law, and by agreeing to be bound by them you
agree to submit to the exclusive jurisdiction of the
relevant courts of the United Kingdom. |
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