In order that a party may hold a valid .co
uk or .org uk domain name registration, Tucows Inc. requires
that all registrants adhere to certain terms and conditions.
As an organization or individual applying to register, transfer
or renew an .uk domain name via the agency of Arivoo Technologies
and/or Tucows Inc., you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement
("Agreement"), "Tucows", "we",
us" and "our" refer to Tucows Inc., and "Services"
refers to the domain name registration, transfer or renewal
services provided by us as offered through Arivoo Technologies,
the Registration Service Provider ("RSP"). NOMINET
UK shall refer to the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and belief, neither
the registration of the domain name nor the manner in which
it is directly or indirectly used infringes the legal rights
of a third party and that the domain name is not being registered
for any unlawful purpose.
3. FEES. As consideration for the Services
you have selected, you agree to pay to us, or your respective
RSP who remits payment to us on your behalf, the applicable
fees. All fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you
as required by the registration process, and (2) maintain
and update this information as needed to keep it current,
complete and accurate. All such information shall be referred
to as account information ("Account Information").
You, by completing and submitting this Agreement, represent
that the statements in your application are true.
4. TERM. You agree that the Registration
Agreement will remain in full force during the length of the
term of your Domain Name Registration. Should you choose to
renew or otherwise lengthen the term of your Domain Name Registration,
then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during
the length of the term of your Domain Name Registration as
selected, recorded, and paid for upon registration of the
Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of
this Registration Agreement will be extended accordingly.
Should you transfer your domain name or should the domain
name otherwise be transferred due to another Registrar, the
terms and conditions of this contract shall cease and shall
be replaced by the contractual terms in force for the purpose
of registering domain names then in force between SLD holders
and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision
or change will be binding and effective immediately on posting
of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail
as per the Notices section of this Agreement. You agree to
review our web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with
any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or regular
mail as per the Notices section of this Agreement. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s),
you shall abide by any such revisions or changes. You further
agree to abide by the NOMINET UK dispute resolution policy
("Dispute Policy") as amended from time to time.
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.
You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the
domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order
to change any of your account information with us, you must
use your Account Identifier and Password that you selected
when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use.
In no event will we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy which is incorporated herein and made a
part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.nic.uk/ref/drs.html.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that,
if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions contained in
the Dispute Policy.
9. NOMINET UK POLICY. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any NOMINET UK-adopted
policy, term or condition, or pursuant to any registrar or
registry procedure not inconsistent with an NOMINET UK-adopted
policy, (1) to correct mistakes by a registrar or the registry
in registering the name, or (2) for the resolution of disputes
concerning the domain name. The current NOMINET UK terms and
conditions can be found at http://www.nominet.org.uk/ref/terms.html.
When you submit a request for a domain name
registration with Tucows and/or RSP, you will be entering
into two contracts - one contract with Tucows and/or RSP and
one contract with NOMINET UK. NOMINET UK is the UK registry
for .uk domain names.
Tucows and RSP will act as agents on your
behalf by submitting your application to NOMINET for you,
however, you will still be entering into a direct contract
between you and NOMINET UK. This is a separate contract from
this agreement; it is attached hereto and may also be found
Tucows and RSP must also make you aware that
by accepting NOMINET's terms and conditions you are consenting
to NOMINET using your personal data for a variety of reasons.
In particular, your name and address may be published as part
of NOMINET's WHOIS look-up service.
10. AGENCY. Should you intend to license
use of a domain name to a third party, you shall nonetheless
be the domain name registrant of record and are therefore
responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name.
You shall accept liability for harm caused by wrongful use
of the domain name. You also represent that you have provided
notice of the terms and conditions in this Agreement to the
third party and that the third party agrees to the terms of
Disclosure and Use of Registration Information (sections 18
and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve
the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our
service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security
or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid
for such Service(s). We and our contractors shall not be liable
for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of
the Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to
the extent permitted by law. We disclaim any and all loss
or liability resulting from, but not limited to: (1) loss
or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or
data mis-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5)
loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for
any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, from claims by third
parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using
the Service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from
the violation of any of our operating rules or policy relating
to the service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with
suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure
to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation
of your domain name.
14. TRANSFER OF OWNERSHIP. Any transfer of
ownership in and to a domain name registration shall be affected
in accordance with NOMINET UK policies and procedures.
15. BREACH. You agree that failure to abide
by any provision of this Agreement, any operating rule or
policy or the Dispute Policy, may be considered by us to be
a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name.
Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any
other, breach by you.
16. NO GUARANTY. You agree that, by registration
or reservation of your chosen domain name, such registration
or reservation does not confer immunity from objection to
either the registration, reservation, or use of the domain
17. DISCLAIMER OF WARRANTIES. You agree that
your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is",
"as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements,
or that the Service(s) will be uninterrupted, timely, secure,
or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as
to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of Service
is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system
or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through
the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration
process, you are required to provide us certain information
and to update us promptly as such information changes such
that our records are current, complete and accurate. You are
obliged to provide us the following information: (i) your
name and postal address (or, if different, that of the domain
name holder); (ii) the domain name being registered; (iii)
the name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact
for the domain name; and (iv) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers
of the billing contact for the domain name. Any voluntary
information we request is collected such that we can continue
to improve the products and services offered to you through
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to NOMINET UK, to the registry
administrators, and to other third parties as NOMINET UK and
applicable laws may require or permit. You further agree and
acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain
name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes
as required or permitted by NOMINET UK and the applicable
laws. You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with
the registration of a domain name (including any updates to
such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration
information by us. You may access your domain name registration
information in our possession to review, modify or update
such information, by accessing our domain manager service,
or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe
in this Agreement. We will take reasonable precautions to
protect the information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration or destruction
of that information.
20. REVOCATION. Your wilful provision of
inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure
to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical
contact appearing in the "Whois" directory with
respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute
a material breach of this Agreement and be a basis for cancellation
of the domain name registration. Any information collected
by us 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 NOMINET
UK Agreement or a NOMINET UK/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services within thirty
(30) calendar days from receipt of your payment for such services.
In the event we do not register or reserve your domain name
or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete
your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms
of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full
force and effect.
23. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise
between the parties.
24. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing
and given by sending it via e-mail or via regular mail. In
the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery
has been obtained by the sender. In the case of e-mail notification
to us or to the RSP to email@example.com or [Insert E-mail
Address for RSP] or, in the case of notice to you, at the
e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a
business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on
the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing and,
in the case of notification to us or to the RSP shall be sent
Registrant Affairs Office
96 Mowat Avenue
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your
26. ENTIRETY. You agree that this Agreement,
the rules and policies published by us and the Dispute Policy
are the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE
GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH
THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
28. INFANCY. You attest that you are of legal
age to enter into this Agreement.
29. INCONSISTENCIES WITH NOMINET UK. In the
event that this Agreement may be inconsistent with any term,
condition, policy or procedure of NOMINET UK, the term, condition,
policy or procedure of NOMINET UK shall prevail.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT.,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Terms and Conditions of the Nominet Registry
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.
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
This Contract includes our current Rules
For The .uk Domain And Sub-Domains ("Rules") and
the Policy and Procedure for our Domain Name Dispute Resolution
Service ("Policy" and "Procedure" as appropriate).
Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/ref/drs-policy.html
or can be obtained from us.
You may have registered a Domain Name through
a third party (usually, but not always, your internet service
provider). In these terms and conditions, the term "Agent"
means such a third party.
What we will do 1.1. We will process your
application to register a Domain Name and consider whether
or not to accept it in accordance with the criteria laid down
in the Rules;
1.2. If your application is accepted, we will inform you or
your Agent. If your application is rejected, we will inform
you or your Agent as soon as reasonably practicable and return
to you or your Agent (as appropriate) any payments received;
1.3. Unless the current Rules of the relevant sub-domain state
to the contrary, we will register Domain Names on a first
come, first served basis. Until we accept your application,
there is no guarantee that the Domain Name you applied for
will be entered in the Register as such. We therefore recommend
that you do not take any action in respect of a Domain Name
until you have received confirmation from us that your application
has been accepted.
1.4. After your application has been accepted, we will enter
the Domain Name and other relevant details (namely the data
described in clause 6 below, together with details of your
Agent, if any) in the Domain Name register database for the
requested second level of the .uk top level domain (the "Register").
1.5. We will use the information in the Register entry for
the Domain Name to enable the resolution of requests for the
Domain Name, by pointing to the authoritative name servers
listed in the Register Entry for the Domain Name. For further
information about the technical requirements for registering
a Domain Name, please contact your Agent.
1.6. After your application has been accepted and we have
received your registration fee, we will issue you with a registration
certificate and a reply form.
1.7. Subject to clause 8 below, we will transfer your Domain
Name and update the Register accordingly on receipt of correctly
completed transfer documentation from you and any relevant
transfer fee applicable at the time of transfer. We will not
transfer a Domain Name whilst it is the subject of legal proceedings
or proceedings under our Dispute Resolution Service.
1.8. Please note that subject to clauses 8.5 and 8.6 we will
not refund any fees after your Domain Name and details have
been entered in the Register.
1.9. Subject to clauses 8.7 and 8.8 below, we will only make
changes to the details contained on the Register (other than
the registrant field), if we receive instructions and approval
from you or your Agent.
1.10. Subject to clauses 8.7 and 8.8, we shall only alter
the details contained in the "registrant" field
of the Register if we receive authorisation directly from
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
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
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
By entering into this agreement you consent to and warrant
5.1 That you (or your Agent) have obtained
the consent of any individual whose personal data is to be
held on the Register in accordance with clause 6;
5.2 That the details and information submitted by you to us
are true and correct, and that any future additions or alterations
to your details and information will be true and correct,
and that you will submit them in a timely manner. Unless you
are a Consumer, you shall pay us (including the current or
past members of Nominet UK's Council of Management) any and
all reasonable costs, claims and expenses (whether direct
or indirect) arising out of any claim resulting from your
breach of this warranty; and
5.3 That by registering or using the Domain Name (in whatever
manner) you will not knowingly infringe the intellectual property
rights of a third party, that you are entitled to register
the Domain Name, and that you have not registered the Domain
Name in breach of trust. Our right to rely upon this warranty
will continue to be available after completion of the registration
process and will not be affected by any surrender, cancellation
or transfer of the Domain Name. Unless you are a Consumer,
you shall pay us (including the current or past members of
Nominet UK's Council of Management) any and all reasonable
costs, claims and expenses (whether direct or indirect) arising
out of any claim that your registration or use of the Domain
Name directly or indirectly infringes the intellectual property
rights of a third party.
Personal Data 6.1 The Register is a public register for the
purposes of data protection legislation. The Register will
include your name and postal address, telephone and fax number
and email address together with any other relevant details.
This information (if it refers to individuals) is 'personal
data' for the purposes of data protection legislation.
Personal data submitted by you will be:
Posted onto the Register;
Posted onto the WHOIS database by us. The WHOIS database is
provided on our web site at http://www.nominet.org.uk. Other
Agents which provide an online Domain Name registration service
may point to our WHOIS database. We will publish your name
and address but will not publish your telephone or fax number
or email address as part of the WHOIS database; and
Used as part of the Public Register Subscription Service ("PRSS"),
under which we provide a compressed form of the Register to
subscribers. We provide the PRSS only to trusted third parties,
based within the European Economic Area, under strict contractual
terms which prohibit the use of PRSS data for the purposes
of direct marketing. The PRSS enables subscribers to perform
WHOIS queries and reverse look-ups. We will publish your name
and address but not your telephone or fax number or email
address as part of the PRSS;
We may provide your personal data to governmental or law enforcement
agencies at their written request in connection with the conducting
of any investigation of criminal activities; and
We will provide your personal data to third parties only if
required to do so by a court order.
You may write to us to request a copy of the personal data
held by us about you. We may charge a reasonable fee for the
provision of such data. As required by the Data Protection
Act 1998, we will adopt appropriate security procedures in
relation to the storage and disclosure of information provided
by you in order to prevent unauthorised access. Our security
procedures mean that we may occasionally request proof of
your identity before we are able to disclose personal information
to you. Other than the uses identified above, we will not
disclose your personal information to others.
You should be aware that personal data posted
on the WHOIS database may be accessible to countries outside
the European Economic Area. By registering a Domain Name you
consent to your personal data being transferred out of the
European Economic Area and to our use of your personal data
for the purposes specified above.
Domain Name Dispute Resolution Service 7.1. You will be bound
by the Policy and Procedure of our Dispute Resolution Service
which are incorporated into these terms and conditions and
made a part of the Contract by reference. The current version
of the Policy and Procedure can be found at our web site:
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
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
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
8.7.4. if you are in breach of the warranties contained in
clauses 5.1 and 5.3 of the Contract; or
8.7.5. if the Domain Name is being administered in a way likely
to endanger the operation of the Domain Name System.
8.8. We may transfer, suspend, cancel or amend the Domain
Name registration in the following circumstances:
8.8.1. upon receiving written instructions from you to take
such action together with any relevant fee;
8.8.2. upon receiving a copy of a perfected order of a court
of competent jurisdiction requiring such action, or where
the retention of a Domain Name by you would be inconsistent
with the terms of a perfected court order received by us or
any other legal requirements;
8.8.3. if such changes are necessary in order to correct an
error relating to the Domain Name registration; or
8.8.4. following a Decision requiring such action or an agreement
reached between the parties and approved by us relating to
proceedings under the Dispute Resolution Service.
8.9. If a name server listed for the Domain Name registration
does not respond authoritatively to requests for the Domain
Name, we may remove the name server from the Register entry
for the Domain Name.
Change of Agent 9.1. If you wish to change your Agent, you
should first approach your current Agent to arrange this.
If your approach is unsuccessful, we may at your request record
a change of Agent directly onto the Register entry for your
Domain Name registration. On receipt of your request, we will
approach your Agent (unless exceptional circumstances apply).
We will only comply with your request if:
9.2. we are satisfied that you have first approached your
Agent, and that the approach has been unsuccessful; and
9.3. we are not informed by your Agent that there is an express
term in your contract with your Agent which can prevent us
from recording such a change.
General 10.1. If any clause of these terms and conditions
is held to be unenforceable in whole or in part the other
terms and the rest of the provisions shall continue to be
valid and enforceable.
10.2. We may transfer our rights and obligations under the
Contract to any third party. You may transfer the Contract,
only on the transfer of the Domain Name, in accordance with
clauses 1.7 and subject to clause 8 above.
10.3. The internet is an emerging and evolving medium and
the regulatory and administrative framework under which we
operate is constantly developing. For these reasons we reserve
the right to make reasonable modifications to the terms and
conditions of this Contract (including the Policy, Procedure
and Rules) at any time during the term. We will only do so
when we have good reason. No change will have the effect of
requiring an increase in fees from you in advance of the next
renewal of the Domain Name. Except where we are acting in
pursuance of a statutory requirement or a court order, changes
will be implemented across the board in all of our Domain
Name contracts following a process of open public consultation.
Each such change will be published in advance (where practicable,
30 days in advance) on our web site: http://www.nominet.org.uk/
and will become binding and effective upon the date specified
therein. You should review our web site regularly in order
to be aware of all such changes. If you do not agree with
any change or proposed change to these terms and conditions
you are entitled to terminate the Contract by providing us
with thirty (30) days notice in writing, in which case you
will receive a pro-rata refund of your registration fee in
respect of any unexpired portion of the term.
10.4. If you wish to contact us our postal address is Nominet
UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England
and our telephone number is +44(0) 1865 332211. Our offices
are open from 9.00a.m. to 5.30pm (UK local time) Monday to
Friday, except for public holidays. Except as set out in the
Policy and Procedure any notice to be given under the Contract
shall only be deemed to be served if delivered by hand or
sent by pre-paid post, by fax or e-mail, to the party to whom
it is given at its last known postal or e-mail address or
fax number. Except as otherwise set out in the Policy and
Procedure the notice will be effective: if delivered, on delivery;
if sent by fax or email, on the date of sending; and if by
post, on the date of posting. For the avoidance of doubt,
any notice sent to you will be deemed served if sent to the
address appearing in your Registrant's address field.
10.5. This contract is a binding document. Consumers should
read it carefully and ensure that it contains everything you
want and nothing you are not prepared to agree to. These terms
and conditions, together with the Rules Policy and Procedure,
constitute the entire agreement between you and us for the
registration of the Domain Name, and supersedes all prior
agreements, understandings and representations whether oral
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.