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.