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Nominet's
terms and conditions form part of the
X9
Internet Terms and
Conditions
when requesting or renewing a
.uk Top Level Domain. This page
may not contain Nominet's latest
version. For the most current version
please see Nominet's
Terms and
Conditions
(will open in a new window). 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/drs.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. 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; 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; 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. 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"). 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. 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. 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. 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. 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. 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. 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. 2.2. You
must sign and return to us
the reply form which we
will send to you after
registration or renewal as
appropriate. 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. 2.4. You
must promptly inform us of
any court proceedings
brought in respect of the
Domain Name. 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. 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. 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. 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. 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. 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. 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. 4.3. We
shall not be liable to you
whether in contract, tort
(including negligence) or
otherwise for: 4.3.1. any
loss of profit,
revenue or other
type of economic
loss (whether
direct or
indirect); 4.3.2. loss
of business or
contracts; 4.3.3. loss
of anticipated
savings or
goodwill;
or 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: 4.3.5. any
error or omission
in entries to the
Register;
and 4.3.6. loss
of registration
and/or use (for
whatever reason
and whether
temporary or
otherwise) of the
Domain
Name. 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. 4.5. Our
aggregate liability to you
whether under these terms
and conditions or otherwise
(including liability for
negligence) shall not
exceed
£5,000. 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. 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. By
entering into this agreement you
consent to and warrant the
following: 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; 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 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. 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: 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. 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 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. 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. 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. 8.2. After
we have received payment
for a Domain Name, only you
(and not your Agent) may
surrender the Domain
Name. 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. 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). 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. 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. 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: 8.7.1. if
we do not receive
your registration
or renewal fees in
accordance with
clause 2.1
above; 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; 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; 8.7.4. if
you are in breach
of the warranties
contained in
clauses 5.1 and
5.3 of the
Contract;
or 8.7.5. if
the Domain Name is
being administered
in a way likely to
endanger the
operation of the
Domain Name
System. 8.8. We
may transfer, suspend,
cancel or amend the Domain
Name registration in the
following
circumstances: 8.8.1. upon
receiving written
instructions from
you to take such
action together
with any relevant
fee; 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; 8.8.3. if
such changes are
necessary in order
to correct an
error relating to
the Domain Name
registration;
or 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. 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. 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: 9.2. we
are satisfied that you have
first approached your
Agent, and that the
approach has been
unsuccessful;
and 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
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. 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. 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. 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. 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. 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. |
Nominet Terms (Applying to all UK
domains)
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