Domain Name Registration Service Agreement
GLOBAL TOP LEVEL DOMAIN NAMES – TERMS AND CONDITIONS
This agreement is between TPP Wholesale, the “registrar”, and you, the individual or entity registering the domain name (the “registrant”). In order to register a domain name on the Internet through our registration service you must submit this agreement together with the completed online application form. When we accept your application you agree to be bound by the terms and conditions of this agreement.
2. Commencement and Term of registration
Registration of the domain name commences when we accept your application and continues for a term of one (1) to ten (10) years according to the registration term chosen by you and the type of domain name extension you are purchasing or renewing. Registrations and renewals are subject to payment of the applicable fees. All domain name registrations are not effective until we deliver the registration information you provide us to the relevant registry operator, and the registry operator puts into effect your domain name registration or renewal. The current registry operators are Verisign, Inc for .com and .net, Public Interest Registry for .org, Afilias Ltd for .info and Neulevel Inc for .biz.
3. Renewal of registration
We will email you a renewal notice thirty (30) days before the domain name registration term expires to the email address provided by you. You can renew the registration for another term of between one (1) to ten (10) years and there is no limit in the number of consecutive renewals you can make. Renewal of registration is subject to payment of the relevant fee at the time of renewal. Failure to renew your registration results in the suspension of the domain name and its release for use by others. Although every effort is made to ensure that you receive your email renewal notice, this is a courtesy reminder notice only and does not confer liability upon HeartInternet for the cost of renewing your domain name or any other costs or damages if you fail to receive your email renewal notice.
4. Ownership of the domain name
4.1 In submitting this application you warrant that:
(a) You are the owner of the domain name; and
(b) The domain name does not infringe any legal rights of any third party. In addition, you agree not to use your domain name to spam or send unsolicited commercial email (UCE) to other internet users.
4.2 You remain the owner of the domain name even if you license use of the domain name to a third party.
5. Transfer of Domain Name
In order to transfer a domain name to another party you must be a HeartInternet member and the transfer must be executed with another HeartInternet member. The transfer of ownership is affected through our online application process and must be initiated by the registered user wishing to transfer their domain name to the other party. The parties to any transfer are referred to the policies contained in the Policy for Transfer of Domain Name ownership document.
To transfer the ownership of a domain name the current registrant must:
(a) Relinquish its registration of the domain name;
(b) Pay all outstanding fees;
(c) Accept the terms in the Policy for Transfer of Domain Name
(d) Agree to discharge the registrar from all obligations to you under this agreement at the effective date of the transfer;
(e) Follow the instructions contained in the Procedure for Transfer of Domain Name; and
(f) Submit the online Transfer form.
The transferee (new registrant) must also:
(a) Enter into a registration agreement (of a minimum of 1 year’s duration) with the registrar;
(b) Reaffirm the accuracy, completeness and currency of the personal data in the agreement;
(c) Agree to be bound by the terms and conditions of the Domain Name Registration Service Agreement;
(d) Review the Policy for Transfer of Domain Name; and
(e) Follow the instructions contained in the Procedure for Transfer of Domain Name.
6.1 You agree to pay registration and renewal fees to the registrar at the current price at the time of the registration and renewal. Fees may be changed by registrar from time to time at its complete discretion and made without prior notice to the registrant. All fees paid are non-refundable.
6.2 In the event that you fail to pay the fees by the due date, the registrar may place the domain name on hold for a period of up to thirty (30) days. If the fees are outstanding at the end of the thirty (30) days, registrar may terminate or deactivate the registration. As a consequence, the registrant loses ownership of the domain name and in the event that it desires to regain the same domain name, must re-register for it.
6.3 Registration is not effective until the Registration fee has been paid and cleared into the account of the registrar. In the event of a charge back by the credit card company or other non-payment by you in connection with the payment of the fees, you agree that the registration will be transferred back to the registrar, and that the registrar reserves all rights regarding the domain name including, without limitation, the right to make the domain name available to other parties for purchase. Should you wish to have ownership of a domain name transferred back to you after you have initiated a chargeback, you agree to pay any costs, fees or charges associated with the chargeback.
The fees payable under this agreement are exclusive of all government charges, taxes, duties and levies and the registrant agrees to pay any and all such charge, taxes, duties and levies arising out of or in connection with this agreement. In particular, you must pay to the registrar any amount (VAT or GST or its equivalent) which the registrar if obliged to pay as a result of any supply made or deemed to be made or other matter or thing under or in connection with this agreement.
8. Personal data
8.1 You must provide to the registrar the information in the compulsory fields in order to obtain registration. You may provide the information in the voluntary fields.
8.2 You warrant that the data is accurate, complete and current. As the registrant you have a continuing obligation (during the term of this agreement) to the registrar to ensure that the information remains accurate, complete and current. You must notify the registrar immediately of any changes to the information.
8.3 The registrar may make public some or all of the information. You acknowledge and agree that:
(a) The information may be made available to and used by ICANN and Verisign Inc (or other registry administrator) for registry use;
(b) The information will be used by the registrar and its licensees for inclusion in any registries and databases that are produced; and
(c) The registrar may share the information stored in the registries and databases with its trusted business partners. These business partners are not authorized to use such information for purposes beyond those specified by the registrar and are required to preserve the confidentiality with which the registrar treats such information.
8.4 The registrar will not disclose the information to third parties, public or private, except where required by ICANN or AuDa policy or direction, as required by domestic or international law, or for other purposes as permitted by other laws.
8.5 The registrar will use its best efforts to protect the information from loss, alteration, unauthorised disclosure or access or misuse.
9. Transfer from another Registrar
9.1 The registrant may change its registrar whether to or from HeartInternet for an existing domain name but only after having been registered with HeartInternet for sixty (60) days after initial registration.
9.2 The registrar may, in its discretion, refuse to transfer the domain name to another registrar. Such instances include default in payment of fees, disputes over the identity of the domain name holder and bankruptcy or insolvency.
9.3 The parties to a change in registrar to HeartInternet are referred to the policies contained in the Policy for Transfer to another Registrar and the Procedure for Transfer to another Registrar.
10. Minimum Term
As the registrant (includes a transferee) you agree not to transfer a domain name within sixty (60) days from the date when you first registered that name with the registrar. Applications for renewal of the domain name are not treated as first registrations and do not fall within this qualification.
11. Dispute policy
11.1 In relation to gTLDs (being .com, .net, .org, info and biz) you agree to be bound by the ICANN “Uniform Domain Name Dispute Resolution Policy as amended from time to time. The policy is an integral part of this agreement and reference should be made to the terms of that policy in relation to disputes. The terms of the policy can be found by following the links on the ICANN website found at: http://www.icann.org/udrp/udrp-policy-24oct99.htm.
11.2 This agreement is to be construed according to the laws of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in that State.
11.3 The registrant hereby indemnifies and holds the registrar harmless against any claims by a third party in the event of a dispute between the registrant and a third party.
12. Ownership of data
The registrar owns all the databases, compilations and similar rights title and interest worldwide in its database and all information derived or produced from that database.
13.1 The registrant indemnifies the registrar as well as Verisign Inc, Public Interest Registry, Nominet UK, Denic, CentralNic, auDA, Afilias Ltd, Neulevel Inc (or other registry administrator) and its officers, directors, employees and agents against all expenses, losses, claims, damages and costs (including reasonable legal costs) incurred by those indemnified arising out of or in connection with the registration or the registrant’s use of the domain name.
13.2 The registrant further agrees to release, indemnify and hold registrar harmless from all liabilities, claims, damages, costs and expenses of third parties relating to or arising under this agreement or the registrant’s use of the services.
14. Limitation of liability
14.1 To the extent permitted by law, registrant agrees that neither the registrar nor the relevant registry operator) shall be liable for any loss or incidental or consequential damage the registrant may incur arising out of or in connection with errors, mistakes or any other result of domain name registration by the registrar.
14.2 The registrant agrees that in no event shall the liability of the registrar exceed the re-supply of the services or the fees paid by the registrant under this agreement.
15. Termination for breach
The registrant agrees that if it breaches any term in this agreement or dispute policy, then registrar may notify the registrant of the breach. If the registrant fails to provide a satisfactory explanation to the register, then registrar may deactivate or cancel the domain name.
All notices that are required to be given under this agreement must be in writing and sent to the address of the owner of the domain name and may be given by e-mail or facsimile if the recipient confirms receipt. Any notice sent shall be deemed to have been received instantly upon transmission or 1 week after posting if sent by mail. Any email sent to the address shall be deemed to have been received by the owner of the domain name.
17. Governing law
This agreement together with all rights, obligations and all actions contemplated by this agreement shall be governed by the laws of Europe.
If any part of this agreement is found to be unenforceable, void or invalid, then that part of the agreement shall be served. The severance of the part shall not affect the validity of the remaining parts of the agreement.
19. Entire agreement
The registrant agrees that this agreement and the dispute policy of ICANN represent the entire agreement between the registrar and the registrant. Together, they supersede all prior agreements, arrangements and undertakings between the parties. This agreement may only be amended in writing agreed between the parties.
20.1 A waiver by HeartInternet of a provision or right under this agreement is binding on it only if it is given in writing and signed by the authorised officer of HeartInternet granting the waiver.
20.2 A waiver is effective only in the specific instance and for the specific purpose for which it is given.
20.3 Failure by HeartInternet to exercise or delay in exercising a right under this agreement does not prevent its exercise or operate as a waiver.
The relationship of the parties is that of registrant and registrar and not joint venturers, licensee and licensor, equity partners, principal and agent.
22. Further assurance
The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.
22. Further assurance
The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.
Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.
BIZ CERTIFICATION. As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see:
3.PROVISION OF REGISTRATION DATA
3.1 Provision of Registration Data. As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the “ICANN Agreement”), available at ICANN’s site.
3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
The Start-up Trademark Opposition Policy (“STOP”), available at https://www.heartinternet.uk/terms/hi-terms.html and the restrictions dispute Criteria and rules, available a https://www.heartinternet.uk/terms/hi-terms.html
The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name (“Registrant”) with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder (“Claimant”) that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.
RESERVATION OF RIGHTS. HeartInternet and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of HeartInternet and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. HeartInternet and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:
Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant’s Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/
Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period (an explanation of which can be found at http://www.afilias.info/faq/sunrise.html), including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html . These policies are subject to modification by the registry operator.
Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.
Registrant acknowledges that the registry operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period (an explanation of which can be found at http://www.afilias.info/faq/start-up.html), including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
Registrar and the registry operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.
UK DOMAIN NAMES TERMS AND CONDITIONS
If you are registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions at http://www.nominet.org.uk/nominet-terms.html. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. Please read this agreement carefully before proceeding with your order. These terms and conditions are also listed immediately below for your convenience and you must agree to them prior to proceeding with your order for a .uk domain name.
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.
What we will do
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.
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.
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.
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.
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; 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.
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 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.
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.
EUROPEAN DOMAIN NAMES (INCL. .RU) TERMS AND CONDITIONS
.IT domain names are subject to a redelegation fee of 17 Euros. .NL Domain Names are subject to a redelegation fee of 12 Euros .RU domain names are subject to a redelegation fee of 27 Euros.