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Registration Agreement (.com/.net/.org domains)
ICANN Uniform Domain Name Dispute Resolution Policy
UK Registration Agreement
UK Terms & Conditions
CA Registration Agreement
© 2001-2002 BuzNet Communications
ALL RIGHTS RESERVED
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Terms & Conditions of the UK Nominet Registry
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.
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