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
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;
1.1. 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;
1.2. 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.
1.3. 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").
1.4. 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.
1.5. 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.
1.6. 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.
1.7. 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.
1.8. 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.
1.9. 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
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.
- Renewal of your Domain Name Registration
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.
- Exclusions and Limitations of Liability
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.
- Warranties
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.
- Personal Data
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;
- Unless you are a Consumer and have selected the Consumer opt out
provision , 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"),
or any other service(s) amending or replacing it. Under the PRSS 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. Any service(s) which may replace
the PRSS will be provided on similar terms. 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 and/or as part of any other service(s) amending or
replacing it. If you are a Consumer you may select the Consumer opt out
provision in respect of the PRSS, or any other service(s) amending or
replacing it;
- We may provide your personal data to governmental or law enforcement
agencies at their written request in connection with the conducting of
any investigation. We may provide your name and address to third parties
with a legitimate reason for requesting the information upon their
written request; and
- Otherwise, 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. Please note
that if at any point we discover that you are no longer a Consumer, we will
automatically post your personal data onto the WHOIS and the PRSS and/or
onto any other service(s) amending or replacing the PRSS in accordance with
clause 6.1(b) and (c) above without further notice to you.
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
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.
- Termination/Cancellation, Suspension and Amendment of the Register
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; or
8.8.5. should you at any time withdraw your consent to
having your personal data displayed on the WHOIS and/or the PRSS and/or any
other service(s) amending or replacing the PRSS as set out in Clause 6.1
above; or
8.8.6. if you are a Consumer, should you withdraw from the
Consumer opt out and refuse to allow Nominet to provide your personal data
on the WHOIS and/or the PRSS and/or any other service(s) amending or
replacing the PRSS in accordance with Clause 6.1 above.
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
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 will at
your request and on payment of the required fee record a change of Agent
directly onto the Register entry for your Domain Name registration. On
receipt of your request, we will notify your Agent. You will remain liable
for any charges you have incurred under the terms of the contract with your
Agent, which may include a fee payable upon change of Agent.
- 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.
