Warning:
By
registering a domain name ending in .uk (with some very limited exceptions),
you enter into a contract of registration with us (Nominet UK) on the following
conditions, which includes conditions limiting our liability and relating to
our use of your personal information.
This contract is just for the domain name and separate to any arrangement you
may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uk
names, see the rules on our website at www.nominet.org.uk
We
are a not-for-profit company limited by guarantee, generally performing these
services on a cost-recovery basis, and we cannot investigate what rights you
have to register or use the domain name. So, we think it is reasonable
for us to limit our liability in certain respects so that we may continue to
offer our services in the interests of the whole internet community.
This
contract includes the DRS
policy, the DRS
procedure and the rules.
You can get copies of these from our website or from us. Other policies we refer
to do not form part of this contract and may change at any time.
Definitions
1
The
following words marked in bold will have specific meanings in this contract.
‘agent'
– Someone who may act
on your behalf to deal with us, which will be shown in the WHOIS. Only
certain people qualify, and they are known as ‘tag-holders’. See
our website for a list.
‘cancel’
– Cancelling this contract
and your domain name are the same thing. The contract ends. The domain
name will be deleted, will no longer work as part of a website or e-mail,
and will be released to be registered again under our rules.
‘consumer'
– You are a consumer
if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.
‘correct’
– This means that the
information must be good enough to allow us to contact you quickly at any reasonable
time without having to get information from anywhere else,
must not be deceptive, and (if possible for that type of information) must clearly
identify you. For your name this also means that the information must be detailed
enough that we can tell exactly who you are (in legal terms, exactly which legal
entity we have this contract with).
‘domain
name’ –
An internet domain name ending in .uk and under one of the second level
domains (such as .co.uk, .me.uk or .org.uk) operated by us.
‘DRS
policy’, ‘DRS
procedure’ – The policy and procedure of
our dispute resolution service.
‘EEA’
– The European Economic
Area, which includes most European countries. Countries outside the EEA may
not have strict laws to protect personal information.
‘name
servers’ –
Computers that provide specific translation information in the domain name system.
‘notify’
– Serving notice to
you, your agent, authorised representative, contact (see condition 5.5)
or us (see condition 36).
‘personal
data’ –
Any information about an identifiable living person (for example, your name,
address or phone number).
‘PRSS’
– A service provided
under strict contract to some people based in the EEA
which allows them to search WHOIS data differently, but not to use it
for marketing purposes.
‘register’
– Our record of domain
names and details about you, your agent (if you have one) and other information
we need.
‘registry’
– The single organisation
which holds all records for domain names with the same ending (we run ‘.uk’)
and operates the name servers for that domain.
‘rules’
– Our rules which explain
which domain names can be registered and which cannot.
‘special
status’ –
Various special states your domain name may be in, such as suspended
or ‘detagged’. See our website for details. This will normally mean
that you will remain listed as the person who has registered the domain name
but the domain name itself will not work, and may mean that other actions
with the domain name are blocked.
‘WHOIS’
– A system which provides
public information about domain names. See our website for details and
how to use the WHOIS.
2
Also
in this contract, the following words have special meanings but will not be
put in bold.
‘conditions’
– includes all parts of the contract, not just those that lawyers call
conditions.
‘we’,
‘us’, ‘our’ – Nominet UK (company number 3203859).
See condition 35.
‘you’,
‘your’ - The person who is entering into this contract with us and
who the domain name will be registered for.
What
we will do
3
We
are the registry for the .uk domain and we will carry out the
general duties that we believe (after wide consultation) a modern, neutral and
not-for-profit .uk registry should.
This
includes (among other things):
3.1
processing
your application to register or renew a domain
name in the light of our
rules,
and your right (see condition
20) to renew;
3.2
maintaining
overall ownership, control and responsibility for the register;
3.3
if
we are listed as your agent or if it would be inappropriate for you to
ask your agent to act (see condition 5)
making changes to the register at your request or providing information
about the .uk domain name system;
3.4
if
the domain name is not in a special status, entering details about
the domain name into our name servers; and
3.5
publishing
procedures for you to renew the domain name and for recording a transfer,
surrender or change of agent for the domain name.
4
You have
various responsibilities set out generally in this contract. You must also:
4.1
give and keep us notified
of your correct name, postal address and any phone, fax or e-mail information
and those of your contacts (if you appoint any, see condition 5.2).
This duty includes responding quickly and correctly to any request from us to
confirm or correct the information on the register;
4.2
notify us
at once about any court proceedings which involve the domain name; and
4.3
notify us
of the details of name servers for the domain name which you are
allowed to use and which respond promptly and correctly about the domain
name at all reasonable times.
5
For
the security of your domain name we have the following procedures to
try to make sure that our instructions come from you or someone allowed to act
on your behalf.
5.1
We
do not have to take any action, or make any change to the register, until
we are satisfied that we have received a valid request from the right person.
5.2
You
will help us with our security checks, provide any identification or documentary
evidence we reasonably ask for, and allow us to keep copies of those documents
for our files.
5.3
If
you have an identifier (for example, a password, a token, personal information
or a code) to use with us or our systems, you must keep it secret and safe because
we will be allowed to assume that any action done or asked for using that identifier
or a product of it was done or asked for by you or by someone authorised to
act for you. We will be entitled to enforce procedures for dealing with lost,
cancelled or insecure identifiers.
5.4
Your agent acts on your behalf in registering and maintaining the registration
of the domain name so that, unless the matter relates to something covered
by condition 5.6
below, any communication to or from your agent is taken as being to or
from you. You should always contact your agent first with any request
or question about your domain name or changes to it, as we will only
act if we are satisfied that your agent cannot or will not.
Be aware that your agent may be entitled to discounts on our fees
so it may be cheaper for you to go through them.
5.5
We
may also specify other types of authorised representative or contact whose instructions
we will accept in certain cases, what types of instructions they can give us,
and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them
power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.
5.6
We
will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with
you directly (or both).
6
We
are a not-for-profit organisation so our fees (see our website) reflect the
cost of the work we do. To make sure that every person who registers a domain
name pays their fair share of the costs of running the central registry,
we:
6.1
may
make a charge for any of the services we provide under this contract, as long
as (where only we can provide the service) we believe the fee is set at a
not-for-profit cost-recovery level only;
6.2
do
not have to start any process, including any change to the register,
until we (not just your agent) have received (within any time limit)
any fee for that action and any other fees that have not been paid for the domain
name or things done with it – it is your duty to make sure that we
are paid and that there is enough information with the payment to make sure
that we know which domain name it relates to;
6.3
may
cancel the domain name without further notice if any debt relating to
the domain name remains unpaid after the deadline we have set; and
6.4
unless
condition 24
or 34
applies, or we have made a significant mistake, will not provide credit notes
or refunds.
Your
promises and indemnity
7
By
entering into this contract you promise that:
7.1
you (or your agent)
have the permission of any person whose personal data is to be held on the register in line with condition 11;
7.2
any identity and contact information
you (either yourself or through your agent) send us must be correct;
7.3
you will send us the information
needed under condition 7.2
as soon as possible, through your agent if possible, and you will keep
them up to date;
7.4
by registering or using the domain name in any way, you will not infringe the intellectual property
rights (for example, trademarks) of anyone else;
7.5
you are entitled to register
the domain name; and
7.6
you have not registered the domain name in a way that fails to meet with any legal duty you have.
8
Unless you are a consumer,
you will pay us (including the current or past members of our Board of Directors)
any and all reasonable costs, claims and expenses (whether direct or indirect)
arising out of any claim that you have broken any of the promises in condition
7.
9
Our right to rely on the promises
in condition 7 and
indemnity in condition 8
will continue to be available after the domain name has been registered
and will not be affected by the cancellation or transfer of the domain name.
10
A
domain name is not an item of property and has no ‘owner’. It is
an entry on our register database reflected by our nameservers
which we provide as part of this contract. As a result:
10.1
we
will not be bound by, or record on the register, any mortgage-related
obligations;
10.2
we
own and keep all copyright and database rights in the register; and
10.3
you
should not rely on the registration or continued registration of the domain
name until we confirm that any application you make has completed and
you confirm that your correct name is recorded in the register
for the domain name.
11
We will make your personal
data available in the following ways, but not release it for any other purpose
to any other person. We may:
11.1
include it on the register;
11.2
include it on the WHOIS
(which is also available outside the EEA) and PRSS. For these
purposes we will publish your name and (unless you are a consumer and
choose to opt out) your address, but not your phone or fax number or e-mail
address;
11.3
if they ask in writing, give
your personal data to people with a legitimate reason for asking for
it (based on the exemptions in the Data Protection Act 1998 or similar laws
that replace or follow it), including government or law enforcement agencies;
11.4
give your personal data
to your current or proposed agent (or both); and
11.5
use it as set out in the DRS
policy and DRS procedure.
12
You may write to us to ask
for a copy of the personal data we hold about you, or you can look at
the WHOIS, or you can ask your agent.
Please note that if, at any point, we discover that you are not a consumer,
we may automatically cancel your opt-out
(see condition 11.2)
without notifying you.
13
By registering a domain name
you agree to us using your personal data as explained in conditions 11
and 12.
14
You agree to be bound by:
14.1
the DRS
policy and DRS
procedure; and
14.2
if there is a dispute, the
version of the DRS policy and DRS procedure (available on our
website) which applies at the time that proceedings under the dispute resolution
service start, until the dispute is over.
15
We (including in this case
our directors, officers, staff of all types and any expert) will not:
15.1
be liable to you or anyone else for anything done or not done in connection
with any proceedings under the dispute resolution service, unless the act or
lack of action is shown to have been in bad faith; and
15.2
be asked or forced to reveal
information or materials which we gained as a result of the informal mediation
stage of the dispute resolution service, unless ordered by a court with relevant
jurisdiction.
16
We
may cancel or put the domain name into a special status
by notifying you if:
16.1
we
receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed
to keep your contact details up to date, or failed to give us those details
at all;
16.2
you
have broken any part of condition 7
or 8;
16.3
the domain name is being used in a way that is likely to endanger any part
of the domain name system or our systems and internet connections; or
16.4
you
have broken any of the conditions (including the rules, DRS policy
and DRS procedure) and (in the case of a matter which it is possible
to put right and which is not covered by condition 6.3,
16.1 to 16.3
or 17) you do not
put it right within 30 days of us notifying you.
17
We
may (but do not have to) transfer, cancel, alter or amend the domain name,
put it in a special status or prevent its renewal:
17.1
on
your instructions (including the absence of instructions to renew - see condition
20), or by someone
apparently acting for you (see condition 5);
17.2
if
we reasonably believe that the contact details on the register for you
are so inaccurate or false that we would not be able to notify you of
the change;
17.3
if
we reasonably believe that the changes to update the register or to correct
any error, ambiguity or inaccuracy relating to the domain name registration
(including any error in making the domain name available for registration
or an error in a previous cancellation of the domain name) would make
it more accurate;
17.4
if
you withdraw your permission to having your personal data displayed on
the WHOIS or PRSS (not including cases where a consumer
is using the opt-out);
17.5
to
carry out the decision an expert has made under our dispute resolution service;
or
17.6
if we receive a complete and valid court order which we or you (or both)
must obey, or if not making the changes the court orders would be a contempt
of court by us or you.
18
If
you are an individual, this contract will end if you die and the person legally
appointed to deal with your assets after you die does not transfer the domain
name (either to themselves or someone else) within a year of your death
(or the end of their appointment, whichever comes first).
19
If
you are not an individual, this contract will end if you complete a liquidation
or disbandment process or otherwise no longer exist, even if (where possible)
you are later restored by an official or court order or decision.
Duration, renewal and transfer
20
Unless
ended earlier under this contract, we will enter your domain name
on the register for two years. If we receive your renewal request and
fee in the standard format by the deadline we set, and in line with the conditions
of this contract generally, you will have the right to enter into a new contract
with us on the same standard conditions that we are then offering to people
registering new domain names. The specific procedure which applies to renewals
is set out on our website, or you can ask your agent.
21
We
may transfer our rights and responsibilities under this contract to anyone else.
22
If
you want to transfer your domain name to someone else, you must, as well
as any general requirements in this contract:
22.1
use
our current published transfer process; and
22.2
make
sure that the person taking over the domain name accepts what remains
of this contract in full.
23
If
you do not transfer your domain name (as needed by condition 22)
there will be no valid transfer of this contract and domain name, and
no document or agreement attempting or claiming to transfer the domain name
or this contract (or both) will have any effect.
24
If
you are a consumer, you may have a right to cancel this contract under
the Consumer Protection (Distance Selling) Regulations 2000 or similar laws
amending or replacing it. The right must be claimed within seven working days
of the start of the services (which include security-check work). If this happens,
we will cancel this domain name and provide you or your agent
(depending on who paid us) a full refund within 30 days. If we pay your agent,
you may still have to get a refund from them.
25
Please note the explanation
about liability at the beginning of this contract. However, nothing in these
terms limits or excludes our liability for fraudulent misrepresentation or death
or personal injury caused by our negligence.
26
By registering the domain
name, we are not acknowledging that you have any rights in any words within
the domain name, and we are not authorising you to use the domain
name as part of a business.
27
We will not be liable to you
whether under contract law, the legal rules about duties to other people (known
as the law of ‘tort’) including negligence or otherwise, for:
27.1
any loss of profit, revenue
or other type of economic loss (whether direct or indirect);
27.2
loss of business or contracts;
27.3
loss of expected savings or
goodwill; or
27.4
any losses which a court categorises
as ‘consequential’, or ‘indirect’ arising out of or
in connection with the contract, including but not limited to:
27.4.1
any mistake or missing information
in the register; and
27.4.2
loss of registration or use,
or both (for whatever reason and whether temporary or otherwise), of the domain
name.
28
The law normally implies terms
into contracts, but you and we agree that, as far as the law allows, they do
not apply to this contract.
29
Our total liability to you,
whether under these conditions or otherwise (including liability for negligence),
will be no more than £5,000.
30
If you are a consumer,
conditions 27, 28
and 29 do not apply
to you. Your statutory rights are not affected - for information contact your
local authority Trading Standards
. Department or your citizens advice bureau.
31
Conditions 11.1,
18, 19
and 25 to 39
will continue to apply after this contract has ended, even if that happens because
we or you end this contract wrongfully.
32
If a court rules that any
of these conditions is not valid or cannot be enforced, the other conditions
will continue to be valid and enforceable.
33
This contract does not give
you any legal rights against other people who have registered .uk domain
names or give other people rights against us for any reason.
34
The internet is constantly
changing and developing. As a result of this, we reserve the right to make reasonable
changes to the terms of this contract (including the DRS policy, DRS procedure and rules) at any time during the term of the contract.
We will only do so when we have good reason. Unless we are acting because of
a legal requirement or a court order, the change will only be made after we
have consulted publicly. We will publish a notice in advance (ideally, 30 days
in advance) on our website and provide a link from the main page. The changes
will apply from the date shown in the notice. You should visit our website regularly
to find out about any changes. If you do not agree with any change to the conditions,
you may notify us that you want to end the contract in at least 30 days’
time. In this case, we will give you a proportionate refund of the registration
for the remaining period.
35
Our address is Nominet UK,
Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England (phone +44(0)1865 332211,
fax +44(0)1865 332299,
e-mail:
nominet@nominet.org.uk). Our offices are open from 9am to 5.30pm (UK local time)
Monday to Friday, except for public holidays.
36
Except as set out in condition
5.4, or in the DRS
policy and DRS procedure, any notice to be given under the contract
will:
36.1
be considered to have been
served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5)
at any postal or e-mail address or fax number on the appropriate register
entry (if to us, at any of the addresses above); and
36.2
apply from the date it was
delivered, or if not delivered the date it was sent or posted.
37
This contract is a legally
binding document. You should read it carefully and make sure that it
contains everything you want and nothing you are not prepared to agree to. These
conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations
about this domain name, whether spoken or written.
38
We deal with a large number
of domain names and we rely on you or other people to tell us about any
changes to your personal information or status. This means that sometimes we
continue to list a domain name or accept instructions even after this
contract has ended, or should have been ended. Nothing we do, or do not do,
during that period stops the contract from ending, stops us from ending it,
or acts to create a new contract.
39
This contract is made under the law of England and any court proceedings must
be in the English courts. If you are a consumer in Scotland, Wales or
Northern Ireland, we will accept your local law and courts. Enforcement of a
court order may be done in any law or court system that is relevant.
