Users of domain names are not "owners" in the strict sense; indeed, the Internet does not exist as a legal entity: it is an international co-operative arrangement between a combination of commercial, academic and military network operators.
There is no simple legal equivalent to this concept, since the domain name is recognised by the informal international agreement that has worked well for the past 35 years, and enabled the Internet to develop relatively unhindered by political or legal misdirection and interference.
So by applying for a domain you are becoming a "paid up" member of this community.
Domain names are issued subject to specific terms and conditions in each country where name registries exist. The full details for the two main registries cover the UK and the widely accepted International registries based in the USA and managed by ICANN.
This can be a tortuous process, and we seek to summarise the essential details here. There are few laws and regulations that apply to the process, and as far as the UK courts have been concerned, somewhat refreshingly, common sense has been the rule most frequently applied in contested cases.
The registries specifically operate a first come-first served principle, since any attempt to make judgements on who is entitled to what name will immediately lead to contention.
Similarly, although USP Networks may advise clients on strategies and availability, you are at liberty to register any name that is not currently taken, and you will not be advised prior to purchase that it may be the subject of contention or litigation.
You should avoid scope for contention where ever possible, and avoid the obvious pitfalls:
- You should not attempt to register a name for a trade mark that does not belong to you. Although it is possible to register a trademark separately in a number of separate categories
- You should remember that the usual laws of defamation and libel exist in the choice of domain names, even if there are no specific country laws pertaining the concept or process of the domain name.
- You should remember to keep us updated of your current contact information, as without it you will not receive a courtesy reminder of when your domain name is up for renewal.
There is a "gentlemen's agreement" between (most) internet service providers that clients' domain names will be transferred at no cost.
However, as a result of a number of measures implemented to prevent malicious or careless transfer of domains, the process of name transfer is now far more complex than registration, and some service providers will require that a fee be paid to perform some or all of the procedures required. At the current time, USP Networks makes no charge for transfer of domains in the .uk
However, we reserve the right to charge for transfer of domains held in other registries, and this depends on the nature of the original application and the availability of the registered technical an administrative contacts.
The change of the registrant (note that the term "owner" does not apply) requires that the domain be cancelled and reissued. This will require a new registration fee to be paid.
Although USP Networks sends out domain renewal advice to customers for each domain it holds, USP Networks cannot be held responsible for the lapsing of a domain name's registration. USP Networks will make every effort to renew a domain but cannot be held accountable for any company or individual loss brought about by the nonrenewal of a domain name as it is the registrant's responsability to check that the domain in question has been positively renewed. It is the registrant that has responsibility to retain any and all domains upon date of registry renewal.
USP Networks undertakes to provide an area on a designated USP Networks web server for use by the customer. USP Networks will use all reasonable endeavours to ensure that data stored on a USP Networks web server is kept secure and access is only allowed to this data by persons authorised by the Customer. USP Networks undertakes to keep the Server available at all times for use by the Customer and the end-users of the Customer. USP Networks will provide suitable mechanisms to allow appropriate access to the data by authorised end- users.
The Customer will be responsible for insuring themselves against loss or damage to the data. In no event will USP Networks be liable for loss or damage to the data stored on one of the USP Networks web servers.
Effective Delivery Date And Anniversary Data
The effective delivery date for web server services shall be the day on which USP Networks send the access information to the Customer’s Technical Point of Contact, or the effective delivery or commission date of any accompanying USP Networks services, whichever is the later.
The Initial contract shall expire on the anniversary date, being one year from the effective delivery date, but the contact will continue in force automatically thereafter on the yearly basis unless three months’ written notice of termination is given by either party.
USP Networks will issue invoices in advance for VAT purposes and payment for domain name management and all forms of bandwidth provision will be billable in advance. Any installation fee will be invoiced on the effective delivery date, payment being due within 14 days. Accounts in default may be charged interest on the outstanding balance on a daily basis, at the rate of 3% over Lloyds Bank plc base lending rate in force from time to time, from the date of invoice until the date of payment before as well as after judgement.
USP Networks reserves the right to interrupt service to the Customer in the event of any default of payment. Such interruption does not relieve the Customer from paying any amount overdue and payable under this clause.
If the Customer terminates this contract at any time before the end of the first year USP Networks will charge a termination fee of six months annual subscription, payable at the date of termination.
If the Customer terminates this contract at any time after the end of the first year without giving three months’ notice as required above, USP Networks will charge a termination fee of three month’s annual subscription, payable at the date of termination.
If the Customer upgrades to a higher level USP Networks service at any time, they will not be liable to any termination fee.
A USP Networks server may only be used for lawful purposes by the Customer Storage on or Transmission to the server of any material in violation of any UK law or regulation is prohibited. Such storage or transmission includes, but is not limited to, copyright material, material legally judged to be threatening or obscene, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.
The customer acknowledges that USP Networks is unable to exercise control over the content of the information passing over the USP Networks connection and/or the USP Networks network and /or the USP Networks server, and USP Networks hereby excludes all liability of any kind for the transmission or reception or storage of infringing information of whatever nature. The Customer hereby agrees to indemnify and hold USP Networks harmless from any claim brought by third parties alleging that use of the USP Networks network and/or the USP Networks server by the customer has infringed any intellectual property right of any kind or any applicable UK or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against USP Networks arising from such claims, and shall provide USP Networks with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer’s sole expense.
The Customer undertakes to conform to the protocols and standards as recommended from time to time by USP Networks Internet Services in connection with the provision of this service. In the event that communications or use of the Server by a Customer do not conform to these standards, or if the Customer makes profligate use of the USP Networks network or Server to the detriment of USP Networks or USP Networks customers, USP Networks reserves the right to restrict passage of that Customer’s communications until they give a suitable undertaking as to use.
Without prejudice to the foregoing, USP Networks consider that any applications which transmit live video, live audio, or make similar traffic demands across the network or the Server by whatever means, will be considered to be making proliferate use of the network or the Server and as such are not allowed unless specifically authorised in writing. Use of IP Multicast other than by means provided and co-ordinated by USP Networks is likewise prohibited.
The Customer in entering into this contact undertakes that it will not assign, sub-lease or in any other way transfer the USP Networks connection or web services. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by USP Networks, in which event the Customer will be liable for the termination fee.
Any condition or warranty which might be implied or incorporated within this contract, by reason of statute or common law or otherwise, is hereby expressly excluded so far as may be permitted by law. While USP Networks will use all reasonable endeavours to provide a prompt and continuing service it will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of USP Networks, or by errors or omissions of the Customer. In no circumstances whatsoever will USP Networks be liable for economic or consequential loss. USP Networks specifically excludes any warranty as to the quality or accuracy of information received through the services.
USP Networks reserves the right to put the names and other information from the registration form relating to its Customer into a computerised directory for internal use only, unless specific written instructions are received from the Customer.
The price quoted to the customer is currently based on the continued availability of "flat rate" Internet connection services from "upstream" service providers and telecommunication companies. In view of the continued escalation in consumption of bandwidth by internet users, there is a probability that the flat rate scheme will be changed to metered volume where the number of bytes downloaded from each server is monitored and forms the basis of charging, in the foreseeable future, and in such an event, due notice will be provided and the consequences will be quantified as far as practical.
These Terms and Conditions are governed by and shall be construed in accordance with the Laws of England.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK) on the following conditions, which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uk names, see the rules on our website at www.nominet.org.uk
We are a not-for-profit company limited by guarantee, generally performing these services on a cost-recovery basis, and we cannot investigate what rights you have to register or use the domain name. So, we think it is reasonable for us to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole Internet community.
This contract includes the DRS policy, the DRS procedure and the rules. You can get copies of these from our website or from us. Other policies we refer to do not form part of this contract and may change at any time.
1 The following words marked in bold will have specific meanings in this contract.
‘agent' – Someone who may act on your behalf to deal with us, which will be shown in the WHOIS. Only certain people qualify, and they are known as ‘tag-holders’. See our website for a list.
‘cancel’ – Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.
‘consumer' – You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.
‘correct’ – This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else, must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).
‘domain name’ – An Internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.
‘DRS policy’, ‘DRS procedure’ – The policy and procedure of our dispute resolution service.
‘EEA’ – The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.
‘name servers’ – Computers that provide specific translation information in the domain name system.
‘notify’ – Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or us (see condition 36).
‘personal data’ – Any information about an identifiable living person (for example, your name, address or phone number).
‘PRSS’ – A service provided under strict contract to some people based in the EEA which allows them to search WHOIS data differently, but not to use it for marketing purposes.
‘register’ – Our record of domain names and details about you, your agent (if you have one) and other information we need.
‘registry’ – The single organisation which holds all records for domain names with the same ending (we run ‘.uk’) and operates the name servers for that domain.
‘rules’ – Our rules which explain which domain names can be registered and which cannot.
‘special status’ – Various special states your domain name may be in, such as suspended or ‘detagged’. See our website for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.
‘WHOIS’ – A system which provides public information about domain names. See our website for details and how to use the WHOIS.
2 Also in this contract, the following words have special meanings but will not be put in bold.
‘conditions’ – includes all parts of the contract, not just those that lawyers call conditions.
‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.
‘you’, ‘your’ - The person who is entering into this contract with us and who the domain name will be registered for.
What we will do
3 We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should.
This includes (among other things):
3.1 processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;
3.2 maintaining overall ownership, control and responsibility for the register;
3.3 if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;
3.4 if the domain name is not in a special status, entering details about the domain name into our name servers; and
3.5 publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name.
What you must do
4 You have various responsibilities set out generally in this contract. You must also:
4.1 give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2). This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;
4.2 notify us at once about any court proceedings which involve the domain name; and
4.3 notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.
Agents, representatives and security
5 For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.
5.1 We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.
5.2 You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.
5.3 If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.
5.4 Your agent acts on your behalf in registering and maintaining the registration of the domain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.
5.5 We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.
5.6 We will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with you directly (or both).
Fees and payment
6 We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:
6.1 may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a not-for-profit cost-recovery level only;
6.2 do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;
6.3 may cancel the domain name without further notice if any debt relating to the domain name remains unpaid after the deadline we have set; and
6.4 unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds.
Your promises and indemnity
7 By entering into this contract you promise that:
7.1 you (or your agent) have the permission of any person whose personal data is to be held on the register in line with condition 11;
7.2 any identity and contact information you (either yourself or through your agent) send us must be correct;
7.3 you will send us the information needed under condition
7.4 as soon as possible, through your agent if possible, and you will keep them up to date;
7.5 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;
7.6 you are entitled to register the domain name; and
7.7 you have not registered the domain name in a way that fails to meet with any legal duty you have.
8 Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.
9 Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.
Nature of domain names and the register
10 A domain name is not an item of property and has no ‘owner’. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:
10.1 we will not be bound by, or record on the register, any mortgage-related obligations;
10.2 we own and keep all copyright and database rights in the register; and
10.3 you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and you confirm that your correct name is recorded in the register for the domain name.
11 We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:
11.1 include it on the register;
11.2 include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;
11.3 if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
11.4 give your personal data to your current or proposed agent (or both); and
11.5 use it as set out in the DRS policy and DRS procedure.
12 You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.
13 By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12.
The dispute resolution service
14 You agree to be bound by:
14.1 the DRS policy and DRS procedure; and
14.2 if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.
15 We (including in this case our directors, officers, staff of all types and any expert) will not:
15.1 be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and
15.2 be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.
Cancelling or altering the domain name
16 We may cancel or put the domain name into a special status by notifying you if:
16.1 we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
16.2 you have broken any part of condition 7 or 8; 16.3 the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or
16.4 you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to
16.3 or 17) you do not put it right within 30 days of us notifying you.
17 We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:
17.1 on your instructions (including the absence of instructions to renew - see condition 20), or by someone apparently acting for you (see condition 5);
17.2 if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;
17.3 if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
17.4 if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);
17.5 to carry out the decision an expert has made under our dispute resolution service; or
17.6 if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.
18 If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).
19 If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.
Duration, renewal and transfer
20 Unless ended earlier under this contract, we will enter your domain name on the register for two years. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.
21 We may transfer our rights and responsibilities under this contract to anyone else.
22 If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:
22.1 use our current published transfer process; and
22.2 make sure that the person taking over the domain name accepts what remains of this contract in full.
23 If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.
24 If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them.
Exclusions and limitations of liability
25 Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.
26 By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.
27 We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of ‘tort’) including negligence or otherwise, for:
27.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect);
27.2 loss of business or contracts;
27.3 loss of expected savings or goodwill; or
27.4 any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to:
27.4.1 any mistake or missing information in the register; and
27.4.2 loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.
28 The law normally implies terms into contracts, but you and we agree that, as far as the law allows, they do not apply to this contract.
29 Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.
30 If you are a consumer, conditions 27, 28 and 29 do not apply to you. Your statutory rights are not affected - for information contact your local authority Trading Standards . Department or your citizens advice bureau.
31 Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after this contract has ended, even if that happens because we or you end this contract wrongfully.
32 If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.
33 This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.
34 The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the DRS policy, DRS procedure and rules) at any time during the term of the contract. We will only do so when we have good reason. Unless we are acting because of a legal requirement or a court order, the change will only be made after we have consulted publicly. We will publish a notice in advance (ideally, 30 days in advance) on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In this case, we will give you a proportionate refund of the registration for the remaining period.
35 Our address is Nominet UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England (phone +44(0)1865 332211 , fax +44(0)1865 332299, e-mail: firstname.lastname@example.org). Our offices are open from 9am to 5.30pm (UK local time) Monday to Friday, except for public holidays.
36 Except as set out in condition 5.4, or in the DRS policy and DRS procedure, any notice to be given under the contract will:
36.1 be considered to have been served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry (if to us, at any of the addresses above); and
36.2 apply from the date it was delivered, or if not delivered the date it was sent or posted.
37 This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.
38 We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal information or status. This means that sometimes we continue to list a domain name or accept instructions even after this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it, or acts to create a new contract.
39 This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant.
Terms and Conditions for the Registration of Domain Names
WARNING: by registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK (“We”, “Our” or “Us”) on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.
Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.
This Contract includes our current Rules For The .uk Domain And Sub-Domains (“Rules”) and the Policy and Procedure for our Domain Name Dispute Resolution Service (“Policy” and “Procedure” as appropriate). Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/drs.html or can be obtained from us.
You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term “Agent” means such a third party.
1. What we will do
1.1. 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;
1.2. 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;
1.3. 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.
1.4. 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”).
1.5. 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.
1.6. 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.
1.7. 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.
1.8. 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.
1.9. 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.
1.10. 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.
2. 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.
3. 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.
4. 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.
By entering into this agreement you consent to and warrant the following:
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; 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 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.
6. 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;
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”), under which 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. 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;
We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and
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.
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.
7. 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.
8. 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.
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.
9. 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 may at your request record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, we will approach your Agent (unless exceptional circumstances apply). We will only comply with your request if:
9.2. we are satisfied that you have first approached your Agent, and that the approach has been unsuccessful; and
9.3. we are not informed by your Agent that there is an express term in your contract with your Agent which can prevent us from recording such a change.
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.
All ERRORS and OMISSIONS EXCEPTED (E&OE)