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Terms
& Conditions for the Registration of Domain Names
The
contract between the Applicant and NOMINET UK contains the following
terms and conditions.
1.NOMINET UK's Rules For The .uk Domain And Sub-Domains (which
can be accessed on the World Wide
Web through http://www.nic.uk/rules.html),
and the procedures of NOMINET UK's Dispute Resolution
Service (which can be found on the World Wide
Web at http://www.nic.uk/drs.html ), 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 Applicant 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 Applicant.
3. The Applicant (or the transferee, as the case may be) will:
3.1 (except where this is the responsibility
of the Applicant'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 Applicant'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 Applicant.
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 Applicant; if the
application is not accepted, NOMINET UK will notify the Applicant
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 Applicant (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 Applicant'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. IMPORTANT
7.1 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. Applicants are
advised not to take any action in respect of the registration
of a Domain Name
before it becomes a
full registration.
7.2 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 Applicant
or the agent.
7.3 NOMINET UK may cancel the registration
or suspend the delegation of a Domain Name in exceptional
circumstances by notice
in writing to the Applicant 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.
7.4 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.
7.5 NOMINET UK will use its reasonable endeavours
to ensure that the appropriate details of the
Applicant'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 Applicant 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 Applicant.
7.6 NOMINET UK's liability to the Applicant
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.
7.7 The Applicant warrants to NOMINET UK that
the details submitted by the Applicant to NOMINET UK
are true and correct,
and that future additions or alterations to those details will
be true and correct.
7.8 The applicant 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.
7.9 The Applicant 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.
7.10
The Register of .UK
Domain Names will include the names of the Applicant 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 which 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 Applicant
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 Applicant 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
authorised representatives of the Applicant
and NOMINET UK.
14. The contract shall be governed by English law, and the Applicant
and NOMINET UK submit to the exclusive
jurisdiction of the English Courts.
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