|
|
The
Nominet Domain Terms - for domains ending
in .uk
|
Terms
of Service
Acceptable
Use Policy (AUP)
Nominet Terms (Applying to all UK domains)
Privacy
Policy
Nominet's
terms and conditions form part of the
Active
Dot Terms and
Conditions
when requesting or renewing a .uk Top Level
Domain. This page may not contain Nominet's latest
version. For the most current version please see
Nominet's
Terms and
Conditions
(will open in a new window).
WARNING: by asking Active Dot to register your
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.
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.
|
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.
|
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.
|
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.
|
Warranties
By entering into this agreement you consent to
and warrant the following:
|
5.1
|
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;
|
|
5.2
|
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
|
|
5.3
|
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.
|
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.
|
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.
|
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.
|
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.
|
General
|
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.
|
|
|
