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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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