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Legal
Information - Terms -
Nominet:
Terms
of
Service
Acceptable
Use Policy
(AUP)
Nominet Terms (Applying to all UK
domains)
Privacy
Policy
Terms
of Service
Nominet's
terms and conditions form part of the
Big ABC
Terms and
Conditions
when requesting or renewing a .uk
Top Level Domain. This page may not
contain Nominet's latest version. For the
most current version please see
Nominet's
Terms and
Conditions
(will open in a new window).
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.
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
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1.1.
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We
will process your application to
register a Domain Name and
consider whether or not to accept
it in accordance with the
criteria laid down in the
Rules;
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1.2.
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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;
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1.3.
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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.
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1.4.
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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").
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1.5.
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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.
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1.6.
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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.
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1.7.
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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.
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1.8.
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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.
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1.9.
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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.
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1.10.
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Subject
to clauses 8.7 and 8.8, we shall
only alter the details contained
in the "registrant" field of the
Register if we receive
authorisation directly from
you.
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What
you must do
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2.1.
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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.
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2.2.
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You
must sign and return to us the
reply form which we will send to
you after registration or renewal
as appropriate.
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2.3.
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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.
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2.4.
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You
must promptly inform us of any
court proceedings brought in
respect of the Domain
Name.
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2.5.
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Any
name server listed in the
Register entry for the Domain
Name must respond authoritatively
to requests for the Domain Name
at all reasonable
times.
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Renewal
of your Domain Name Registration
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3.1.
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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.
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3.2.
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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.
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3.3.
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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.
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3.4.
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If
we fail to receive the renewal
fee within thirty (30) days of
our making a request for the
renewal fee, we will suspend your
registration for at least 6 weeks
and if we do not receive payment
within the suspension period we
will cancel your registration
without further notice to you.
During any period of suspension,
we will not point to any name
servers listed in the Register
entry for the Domain Name, and
you will be unable to use or
transfer the Domain
Name.
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Exclusions
and Limitations of Liability
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4.1.
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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.
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4.2.
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Nothing
in these terms and conditions
limits or excludes our liability
for death or personal injury
caused by our negligence or for
fraudulent
misrepresentation.
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4.3.
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We
shall not be liable to you
whether in contract, tort
(including negligence) or
otherwise for:
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4.3.1.
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any
loss of profit, revenue
or other type of
economic loss (whether
direct or
indirect);
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4.3.2.
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loss
of business or
contracts;
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4.3.3.
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loss
of anticipated savings
or goodwill;
or
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4.3.4.
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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:
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4.3.5.
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any
error or omission in
entries to the Register;
and
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4.3.6.
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loss
of registration and/or
use (for whatever reason
and whether temporary or
otherwise) of the Domain
Name.
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4.4.
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All
conditions and warranties which
may be implied by law into any
Contract with you are excluded to
the fullest extent permissible by
law.
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4.5.
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Our
aggregate liability to you
whether under these terms and
conditions or otherwise
(including liability for
negligence) shall not exceed
£5,000.
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4.6.
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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.
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4.7.
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Nothing
in these terms and conditions
will reduce your statutory rights
relating to faulty or
misdescribed goods. For further
information about your statutory
rights contact your local
authority Trading Standards
Department or Citizens Advice
Bureau.
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Warranties
By
entering into this agreement you consent
to and warrant the following:
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5.1
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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;
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5.2
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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
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5.3
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That
by registering or using the
Domain Name (in whatever manner)
you will not knowingly infringe
the intellectual property rights
of a third party, that you are
entitled to register the Domain
Name, and that you have not
registered the Domain Name in
breach of trust. Our right to
rely upon this warranty will
continue to be available after
completion of the registration
process and will not be affected
by any surrender, cancellation or
transfer of the Domain Name.
Unless you are a Consumer, you
shall pay us (including the
current or past members of
Nominet UK's Council of
Management) any and all
reasonable costs, claims and
expenses (whether direct or
indirect) arising out of any
claim that your registration or
use of the Domain Name directly
or indirectly infringes the
intellectual property rights of a
third party.
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Personal
Data
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6.1
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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.
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Domain
Name Dispute Resolution Service
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7.1.
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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
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7.2.
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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.
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7.3.
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Neither
we nor our directors, officers,
employees or servants nor any
expert shall be liable to a party
for anything done or omitted in
connection with any proceedings
under the Dispute Resolution
Service unless the act or
omission is shown to have been in
bad faith.
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Termination/Cancellation,
Suspension and Amendment of the
Register
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8.1.
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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.
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8.2.
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After
we have received payment for a
Domain Name, only you (and not
your Agent) may surrender the
Domain Name.
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8.3.
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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.
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8.4.
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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).
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8.5.
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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.
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8.6.
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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.
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8.7.
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We
may cancel or suspend the
registration of a Domain Name by
providing you with notice in
writing in the event of the
following:
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8.7.1.
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if
we do not receive your
registration or renewal
fees in accordance with
clause 2.1
above;
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8.7.2.
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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;
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8.7.3.
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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;
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8.7.4.
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if
you are in breach of the
warranties contained in
clauses 5.1 and 5.3 of
the Contract;
or
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8.7.5.
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if
the Domain Name is being
administered in a way
likely to endanger the
operation of the Domain
Name System.
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8.8.
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We
may transfer, suspend, cancel or
amend the Domain Name
registration in the following
circumstances:
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8.8.1.
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upon
receiving written
instructions from you to
take such action
together with any
relevant fee;
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8.8.2.
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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;
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8.8.3.
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if
such changes are
necessary in order to
correct an error
relating to the Domain
Name registration;
or
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8.8.4.
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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.
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8.9.
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If
a name server listed for the
Domain Name registration does not
respond authoritatively to
requests for the Domain Name, we
may remove the name server from
the Register entry for the Domain
Name.
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Change
of Registrar
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9.1.
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If
you wish to change your
Registrar, you should first
approach your current Registrar
to arrange this. If your approach
is unsuccessful, we may at your
request record a change of
Registrar directly onto the
Register entry for your Domain
Name registration. On receipt of
your request, we will approach
your Registrar (unless
exceptional circumstances apply).
We will only comply with your
request if:
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9.2.
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we
are satisfied that you have first
approached your Registrar, and
that the approach has been
unsuccessful; and
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9.3.
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we
are not informed by your
Registrar that there is an
express term in your contract
with your Registrar which can
prevent us from recording such a
change.
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General
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10.1.
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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.
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10.2.
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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.
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10.3.
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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.
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10.4.
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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.
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10.5.
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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.
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10.6.
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These
terms and conditions shall be
governed by the relevant United
Kingdom law, and by agreeing to
be bound by them you agree to
submit to the exclusive
jurisdiction of the relevant
courts of the United
Kingdom.
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