- 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.