You
indicate acceptance of these terms and conditions of service by
placing an order with Greenmeanie and/or logging onto your account
with us. These terms and conditions will not be varied for individual
customers.
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.
By registering a domain name, you agree to the publication of your
name and address as part of the public WHOIS database service. If
you are a Consumer, and you do not wish your address to be published,
please see our web site at http://www.nominet.org.uk
for more information on the Consumer opt out.
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 here 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.
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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;
1.1. 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;
1.2. 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.
1.3. 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").
1.4. 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.
1.5. 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.
1.6. 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.
1.7. 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.
1.8. 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.
1.9. 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.
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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.
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3.1. The registration
period is twelve months 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 period of twelve months.
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.
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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.
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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.
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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;
Unless you are
a Consumer and have selected the Consumer opt out provision , 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"),
or any other service(s) amending or replacing it. Under the PRSS
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. Any service(s)
which may replace the PRSS will be provided on similar terms. 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 and/or as part of
any other service(s) amending or replacing it. If you are a Consumer
you may select the Consumer opt out provision in respect of the
PRSS, or any other service(s) amending or replacing it;
We may provide
your personal data to governmental or law enforcement agencies at
their written request in connection with the conducting of any investigation.
We may provide your name and address to third parties with a legitimate
reason for requesting the information upon their written request;
and
Otherwise, 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. Please note that
if at any point we discover that you are no longer a Consumer, we
will automatically post your personal data onto the WHOIS and the
PRSS and/or onto any other service(s) amending or replacing the
PRSS in accordance with clause 6.1(b) and (c) above without further
notice to you.
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.
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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.
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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; or
8.8.5. should
you at any time withdraw your consent to having your personal data
displayed on the WHOIS and/or the PRSS and/or any other service(s)
amending or replacing the PRSS as set out in Clause 6.1 above; or
8.8.6. if you
are a Consumer, should you withdraw from the Consumer opt out and
refuse to allow Nominet to provide your personal data on the WHOIS
and/or the PRSS and/or any other service(s) amending or replacing
the PRSS in accordance with Clause 6.1 above.
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.
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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 will at your request and on payment of the required fee record
a change of Agent directly onto the Register entry for your Domain
Name registration. On receipt of your request, we will notify your
Agent. You will remain liable for any charges you have incurred
under the terms of the contract with your Agent, which may include
a fee payable upon change of Agent.
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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.
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