Terms and Conditions of the Nominet Registry
In order that a party may hold a valid .co .uk or .org .uk domain
name registration, NOMINET UK, the entity granted the exclusive
right to administer the. registry for .uk domains, requires
that all organisations or individuals applying to register,
transfer or renew a .uk domain name ("Customer(s)") adhere to
the following terms and conditions. As a Customer, you accordingly
agree as follows:
1. NOMINET UK's Rules For The .uk Domain And Sub-Domains and
the procedures of NOMINET UK's Dispute
Resolution Service, in each case as amended from time to
time, form part of the contract. Copies of those Rules and procedures
may also be obtained directly from NOMINET UK.
2. If the Customer uses an agent for payment of fees, NOMINET
UK will first seek payment from the agent; but if the agent
does not pay the fees for whatever reason, NOMINET UK will have
the right to recover the fees from the Customer.
3. The Customer (or the transferee, as the case may be) will:
3.1 except where this is the responsibility of
the Customer's agent) obtain the consent of individuals whose
personal data are to be held on the Register of .UK Domain
Names to the access referred to in Clause 7.10 below;
3.2 pay the initial registration fee to NOMINET UK within
one month after the issue of NOMINET UK's invoice;
3.3 sign and return the reply form attached to the Registration
Certificate, issued by NOMINET UK under clause 4.2 below,
confirming the Customer's acceptance of these terms and conditions;
3.4 promptly notify NOMINET UK of any change to its registered
details, including where an agent is appointed, any change
to the agent's details; and
3.5 promptly notify NOMINET UK of any actual or threatened
proceedings brought in respect of the name used as a Domain
Name whether by or against the Customer.
4. NOMINET UK will:
4.1 process the application and consider whether
to accept or reject it in accordance with the criteria laid
down in NOMINET UK's Rules For The .uk Domain And Sub-Domains
in force at the time of the application for registration.
4.2 (if the application is accepted) enter the Domain Name
and other relevant details in the Register of .uk Domain Names
as a pending registration, and, on receipt of the fee, issue
a Registration Certificate to the Customer; if the application
is not accepted, NOMINET UK will notify the Customer or the
agent and return any payments received;
4.3 convert the pending registration to a full registration
on receipt of both the initial registration fee and the correctly
completed reply form attached to the Registration Certificate;
4.4 (subject to clause 11 below) on receipt of the Registration Certificate, the correctly completed Transfer of Registration on the reverse of the Certificate and the transfer fee applicable at the time of the transfer, register the details of a transferee of the Domain Name registration.
5. The initial registration period is two years from the date
of the application for registration. Thereafter, the registration
may be renewed indefinitely for further periods of one or more
years, on payment of the renewal fees applicable from time to
time, and subject to clause 11 below.
6. The Customer (either directly or via an agent) may surrender
the registration of the Domain Name by notice in writing to
NOMINET UK at any time prior to issue of a Registration Certificate
and on issue of the Certificate for that Domain Name, by sending
to NOMINET UK the Certificate and the correctly completed Surrender
of Registration (on the reverse of the Certificate). No other
method of surrender is permitted after issue of a Certificate.
Once the Domain Name and the Customer's details have been entered
in the Register of .UK Domain Names as a full registration no
refund of fees will be payable by NOMINET UK.
7. NOMINET UK is entitled to register Domain Names on a first
come, first served basis, whether or not it has received payment
for their registration; and, until NOMINET UK has confirmed
it as a pending registration, there is no guarantee that the
Domain Name applied for will be entered in the Register as such.
Customers are advised not to take any action in respect of the
registration of a Domain Name before it becomes a full registration.
7.1 If payment and the correctly completed reply
form attached to the Registration Certificate are not received
by NOMINET UK, NOMINET UK is entitled to cancel the pending
registration by notice in writing to the Customer or the agent.
7.2 NOMINET UK may cancel the registration or suspend the
delegation of a Domain Name in exceptional circumstances by
notice in writing to the Customer or the agent. Exceptional
circumstances include, in particular: where to maintain the
registration would put NOMINET UK in conflict with statutory
obligations or the terms of a Court Order, or where the registration
or use of the Domain Name conflicts with NOMINET UK's Rules
For The .uk Domain And Sub-Domains in force from time to time.
7.3 NOMINET UK does not accept any responsibility for the
use of any Domain Name on the Register of .UK Domain Names
and in particular for any conflict with trade marks, registered
or unregistered, or with rights to names in other contexts.
A Registration Certificate is not intended to be evidence
of ownership of the name used as a Domain Name.
7.4 NOMINET UK will use its reasonable endeavours to ensure
that the appropriate details of the Customer's registration
are correctly entered and maintained in the Register of .UK
Domain Names. All conditions and warranties which may be implied
(by law or as a result of prior negotiations) into the contract
between NOMINET UK and the Customer are excluded to the extent
permitted by law. In no circumstances will NOMINET UK be liable
for any loss of profit, business or anticipated savings suffered
by the Customer.
7.5 NOMINET UK's liability to the Customer under the contract
or otherwise (including liability for negligence) is limited
to 125% of the registration fees paid in respect of a particular
period of registration.
7.6 The Customer warrants to NOMINET UK that the details submitted
by the Customer to NOMINET UK are true and correct, and that
future additions or alterations to those details will be true
7.7 The Customer warrants to NOMINET UK that neither the registration
of the Domain Name nor the manner in which the Domain Name
is directly or indirectly used infringes the legal rights
of a third party. NOMINET UK's remedies under this warranty
will continue to be available after completion of the registration
process and notwithstanding any subsequent surrender, cancellation
or transfer of the registration of the Domain Name.
7.8 The Customer indemnifies NOMINET UK and each of the members
of its Council of Management against any claim that the registration
of the Domain Name or the manner in which the Domain Name
is directly or indirectly used infringes the legal rights
of any third party (except for claims arising from NOMINET
UK's negligence or breach of the terms of the contract); and
indemnifies them against the reasonable costs and expenses,
however they may arise, incurred in defending or dealing with
such a claim.
7.9 The Register of .UK Domain Names will include the names
of the Customer and the Administrative Contact and other details
relating to them. This information (if it refers to individuals)
is 'personal data' for the purposes of data protection legislation.
NOMINET UK may allow other organisations and members of the
public to access the data for the purpose of obtaining information
about the registration of the Domain Name or any other related
8. The restrictions and indemnities in clause 7 above are considered
to be reasonable in the context of NOMINET UK's status as a
not-for-profit company limited by guarantee that is performing
a service on a cost-recovery basis.
9. If any clause of these terms and conditions is held to be
invalid or unenforceable in whole or in part, the invalid or
unenforceable wording shall be deemed to be omitted.
10. The contract may be assigned by NOMINET UK. The Customer
may assign the contract subject to any change made pursuant
to clause 11 below, and transfer the registration of the Domain
Name, by sending to NOMINET UK the Registration Certificate,
the correctly completed Transfer of Registration on the reverse
of the Certificate and the transfer fee applicable at the time
of the transfer. No other method of transfer is permitted.
11. NOMINET UK may change the terms and conditions of the contract
on renewal or transfer of the registration of the Domain Name.
All transfers and renewals will be made under NOMINET UK's Terms
&; Conditions for the Registration of Domain Names current at
the time of the transfer or renewal and, in the case of a transfer,
as agreed by the Transferor.
12. Any notice to be given under the contract shall only be
deemed to be served if delivered by hand or sent by pre-paid
post, by fax or e-mail, to the party to whom it is given at
its last known postal or e-mail address or fax number. The notice
will be effective: if delivered, on delivery; if sent by fax
or e-mail, when the sender receives confirmation of receipt;
and if sent by post, on the fourth day after posting.
13. These terms and conditions, together with the Rules and
procedures referred to in clause 1 above, constitute the entire
agreement between NOMINET UK and the Customer for the registration
of the Domain Name, and supersede all prior agreements, understandings
and representations whether oral or written. Subject to clause
11 above, no variation may be made to the contract unless it
is in writing and signed by authorized representatives of the
Customer and NOMINET UK.
14. The contract shall be governed by English law, and the Customer and NOMINET UK submit to the exclusive jurisdiction of the English Courts.