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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 Cobra Host
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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