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Note:
This policy is now in effect. See www.opensrs.org/ukterms.shtml
for the implementation schedule.
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.
