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 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 at http://www.nominet.org.uk/drs.html
or can be obtained from us.
Please note: In these terms and conditions, the term "Agent" means Tera-byte Dot Com Inc.
- 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 Tera-byte. If your application is rejected, we will inform
you or Tera-byte as soon as reasonably practicable and return
to you or Tera-byte (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 Tera-byte,
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 Tera-byte.
- 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 Tera-byte.
- 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 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 Tera-byte 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 Tera-byte to ensure that we have your full and correct postal
- 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 Tera-byte
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.
- 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
- 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
- By entering into this agreement you consent to and warrant the
- 5.1. That you or Tera-byte 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;
- 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
a. Posted onto the Register;
b. 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
c. 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
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
- 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 Tera-byte may surrender registration of the
Domain Name by notice in writing to us at any time prior to our
- 8.2. After we have received payment for a Domain Name,
only you and not Tera-byte 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
- 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 Tera-byte 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 Tera-byte (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
Tera-byte, you may have to seek direct from Tera-byte 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
- 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
- 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
- Change of Agent
- 9.1. If you wish to change your Agent, you should first
approach Tera-byte 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 Tera-byte (unless exceptional
circumstances apply). We will only comply with your request if:
- 9.2. we are satisfied that you have first approached
Tera-byte, and that the approach has been unsuccessful; and
- 9.3. we are not informed by Tera-byte that there is an
express term in your contract with Tera-byte which can prevent
us from recording such a change.
- 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
- 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.