The following terms and conditions apply to the registration of domain names
and provision of a domain name service by CentralNic Ltd (“CentralNic”). For
the purposes of these terms and conditions, any references to the registration
of a domain name (“domain name”) includes, without limitation, the provision
of the associated domain name service:
- You must have the right to use the name which will form the
prefix of the domain name and which will be issued by CentralNic. By
applying to register the domain name you warrant to us that you have that
right.
- By applying to register the domain name you agree to
indemnify and to keep CentralNic and its directors fully and effectively
indemnified at all times against all costs, claims, liabilities, losses,
damages, actions and expenses (including without limitation, legal expenses)
arising directly or indirectly from the registration and/or any breach by
you of any of these terms and conditions.
- You may apply to register the domain name on behalf of, and
in the name of, a third party (if you are an Internet Service Provider, for
example) and/or register the domain name in your own name on behalf of a
third party provided that you have their prior consent and agree at any time
on request by that third party to de-register the domain name which was
registered in your name and allow that third party to register it in their
name. In either case you may charge them what you like for your services.
CentralNic reserves the right to immediately cancel without notice the
domain name if CentralNic reasonably believes that you have registered a
domain name in breach of clause 1 or with the intention of defrauding a
third party.
- If you apply to register the domain name on behalf of a
third party (a client, for example) and you are registered on the CentralNic
database as a billing contact, CentralNic, at its option, will be entitled
to receive any payments due in respect of the domain name registration from
you or the relevant third party. You and the third party shall be jointly
and severally liable in this regard.
- The initial registration of the domain name is for two
years from the date of application for registration. Thereafter, the
registration may be renewed for further periods provided that you pay the
appropriate renewal fee on or before the relevant renewal date. It is your
responsibility to ensure that you apply to renew the domain name
registration at least 30 days before the renewal date and provide accurate
and up to date contact details. Whilst CentralNic endeavours to send
reminders of renewal dates it does not guarantee to do so and will not be
liable if you fail to renew any registration on time.
- You may surrender the registration of the domain name at
any time by notice in writing to CentralNic.
- Once the domain name and your full details have been
entered in the CentralNic database no refund will be payable by CentralNic.
- CentralNic reserves the right to publish registrants’
details.
- Domain names are registered on a first come, first served
basis.
- There is no guarantee that a domain name applied for has
been entered on CentralNic’s database until you receive confirmation of
registration. You are advised not to, and CentralNic accepts no liability
arising from, any action taken in respect of the use and/or registration of
the domain name before you have received such confirmation and full payment
has been made and received by CentralNic.
- Acceptance of applications to register the domain name is
at the sole discretion of CentralNic. Without prejudice to the generality of
the foregoing, CentralNic may refuse to accept such application if the
domain name:
- is currently registered;
- is on the list of reserved words (this list is not
available for public scrutiny);
- is obscene or otherwise deemed to be unsuitable by
CentralNic in its sole discretion.
Acceptance of a domain name by CentralNic shall not be
construed as CentralNic approving or agreeing that you have the right to
register that name.
- The fees for the registration of, and renewal of
registrations of, the domain name are those posted on the CentralNic website
from time to time. CentralNic shall be entitled to invoice you for the
registration for the domain name on receipt of an application to register
for the domain name and for the renewal of the domain name registration on
or before the renewal date. Payment must be made within the period stated in
the invoice. If CentralNic does not receive payment within such period
CentralNic is entitled, at its option, either to suspend or to delete the
domain name registration from the database and if deleted, the domain name
may be made available for registration to the public. If suspended,
CentralNic reserves the right to charge you for resumption of the
registration of the domain name.
- If the registrant for the domain name changes, the new
registrant must re-register the name and pay the full registration fee.
CentralNic accepts no liability and shall not be responsible if a third
party registers the domain name before such re-registration.
- CentralNic may at its sole option, cancel the registration
or suspend registration of the domain name if:
- ordered to do so by a court of competent jurisdiction;
- following the ICANN Uniform Domain-Name
Dispute-Resolution Policy the name has been judged to infringe the
trademark or other intellectual property of the complainant;
- the use of the domain name is illegal;
- if there is a breach of these terms and conditions;
including without limitation, clause 1;
- the continued use of a domain name could cause
technical problems on the Internet.
- CentralNic gives no warranty and makes no representation in
respect of the domain names registered hereunder including, without
limitation, the availability of any domain names and hereby excludes, to the
fullest extent permitted by law, all conditions, warranties, terms,
undertakings and representations, express or implied, whether by statute,
common law or otherwise in relation to such domain names.
- CentralNic shall not be liable to you whether in contract,
tort, by statute or otherwise in respect of any loss of profits and/or for
any special, indirect, incidental or consequential loss or damage arising
out of or in connection with the domain names registered hereunder,
including without limitation:
- loss of revenue; and/or
- loss of anticipated savings; and/or
- loss of business and/or goods; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss and/or corruption of data and/or other
information; and/or
- downtime; and/or
- any damage relating to the procurement of any
substitute services.
For the avoidance of doubt, neither the types of loss and/or
damage specified in sub-clauses (a) to (h) inclusive of this clause 16 nor
any similar types of loss and/or damage shall constitute direct loss for the
purposes of these terms and conditions.
- In no event shall CentralNic'’s liability to you whether
in contract, tort, by statute or otherwise exceed the registration fee for
the domain name.
- Nothing in this Agreement shall exclude or restrict the
liability of either party for fraudulent misrepresentation and/or for death
or personal injury arising as a result of the negligence of that party, its
officers, employees, agents and/or sub-contractors.
- The terms and conditions are exclusively governed by
English law and by applying to register or renew a domain name you and
CentralNic submit to the exclusive jurisdiction of the English courts.