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These are the Terms and Conditions as set out by Nominet UK for the
registration of .uk TLD Domains. By registering a domain in the .uk TLD,
you must agree to these terms.

Warning:
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
http://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.
Definitions
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 7.2 as soon as
possible, through your agent if possible, and you
will keep them up to date;
7.4
by registering or using the domain
name in any way, you will not infringe the intellectual
property rights (for example, trademarks) of anyone
else;
7.5
you are entitled to register the domain
name; and
7.6
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.
Personal
data
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.
General
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: nominet@nominet.org.uk).
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.
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