UK Domain Registration Agreement
In order that a party may hold a valid .co uk or .org uk domain
name registration, Nominet, requires that all registrants adhere
to certain terms and conditions. As an organisation or individual
applying to register, transfer or renew an .uk domain name via the
agency of Sipero Online and/or Nominet you accordingly agree as
1. AGREEMENT. In this Registration Agreement ("Agreement")
, "we", us" and "our" refer to Nominet
Inc. and "Services" refers to the domain name registration,
transfer or renewal services provided by us as offered through Sipero
Online, the Registration Service Provider ("RSP"). NOMINET
UK shall refer to the entity granted the exclusive right to administer
the registry for .uk domain name registrations.
2. SELECTION OF A DOMAIN NAME. You represent that,
to the best of the your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party and that the domain
name is not being registered for any unlawful purpose.
3. FEES. As consideration for the Services you
have selected, you agree to pay to us, or your respective RSP who
remits payment to us on your behalf, the applicable fees. All fees
payable hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information").
You, by completing and submitting this Agreement represent that
the statements in your application are true.
4. TERM. You agree that this Agreement will remain
in full force during the term of your domain name registration as
selected, recorded, and paid for upon registration of the domain
name. Should you choose to renew the term of your domain name registration,
then the term of this Agreement will be extended accordingly. Should
you transfer your domain name or should the domain name otherwise
be transferred to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual
terms in force between domain name registrants and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during
the period of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or
change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this
agreement. You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do not agree
with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or regular mail
as per the Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree that,
by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any
such revisions or changes. You further agree to abide by the NOMINET
UK dispute resolution policy ("Dispute Policy") as amended
from time to time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you must use your
account identifier and password that you selected when you opened
your account with us. Please safeguard your account identifier and
password from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your account identifier or
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the
Dispute Policy which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy
may be found at http://www.nic.uk/ref/drs.html. Please take the
time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is challenged by
a third party, you will be subject to the provisions specified in
the Dispute Policy in effect at the time of the dispute. You agree
that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy.
9. NOMINET UKPOLICY. You agree that your registration
of thedomain name shall be subject to suspension, cancellation,
or transfer pursuant to any NOMINET UK-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with an
NOMINET UK-adopted policy, (1) to correct mistakes by a registrar
or the registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of
a domain name to a third party you shall nonetheless be the domain
name registrant of record and are therefore responsible for providing
your own full contact information and for providing and updating
accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm caused
by wrongful use of thedomain name. You also represent that you have
provided notice of the terms and conditions in this Agreement to
the third party and that the third party agrees to the terms of
Disclosure and Use of Registration Information (sections 18 and
19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the
right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products
or other information to add security or to enhance your identity
on the Internet.
12. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s).
We and our contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from the
use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the
extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery; (3) loss
or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or
password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form
of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees,officers, directors
and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, from claims by third parties relating
to or arising under this Agreement, the Services provided hereunder
or your use of the Services, including without limitation infringement
by you, or someone else using the Service with your computer, of
any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. Any transfer of ownership
in and to a domain name registration shall be affected in accordance
with NOMINET UK policies and procedures.
15. BREACH. You agree that failure to abide by
any provision of this Agreement, any operating rule or policy or
the Dispute Policy, may be considered by us to be a material breach
and that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other,
breach by you.
16. NO GUARANTEE. You agree that, by registration
or reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your
use of our Services is solely at your own risk. You agree that such
Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements,
or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the accuracy
or reliability of any information obtained through the Service or
that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk
and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral
or written, obtained by you from us or through the Service shall
create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process,
you are required to provide us certain information and to update
us promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the
following information: (i) Your name and postal address (or, if
different, that of the domain name holder); (ii) The domain name
being registered; (iii) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the administrative
contact for the domain name; (iv) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name. Any voluntary information we
request is collected such that we can continue to improve the products
and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to NOMINET UK, to the registry
administrators, and to other third parties as NOMINET UK and applicable
laws may require or permit. You further agree and acknowledge that
we may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by NOMINET UK
and the applicable laws. You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by you in connection
with the registration of a domain name (including any updates to
such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims
and causes of action you may have arising from such disclosure or
use of your domain name registration information by us. You may
access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through
your RSP. We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information
20. REVOCATION. Your willful provision of inaccurate
or unreliable information, your willful failure promptly to update
information provided to us, or your failure to respond for over
fifteen calendar days to inquiries by us concerning the accuracy
of contact details associated with the your registration shall constitute
a material breach of this Agreement and be a basis for cancellation
of the domain name registration.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain
name or register you for other Services within thirty (30) calendar
days from receipt of your payment for such services. In the event
we do not register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms of
this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held to be
a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail notification to us or to the RSP to lhutz@Nominet.com
or [Insert E-mail Address for RSP] or, in the case of notice to
you, at the e-mail address provided by you in your WHOIS record.
Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next
business day. In the case of regular mail notice, valid notice shall
be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification
to us or to the RSP shall be sent to:
Sandy Lane West
31a Mexico Lane
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the
rules and policies published by us and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established by custom, practice,
policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE
OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal
age to enter into this Agreement.
29. INCONSISTENCIES WITH NOMINET UK. In the event that this Agreement
may be inconsistent with any term, condition , policy or procedure
of NOMINET UK, the term, condition, policy or procedure of NOMINET
UK shall prevail.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE
AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.