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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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