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.