Terms and Conditions of the Nominet Registry
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
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/ref/drs-policy.html or can be obtained
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
||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;
||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;
||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
||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").
||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.
||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.
||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
||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
||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.
||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
||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.
||You must sign and return to us the reply form which we will send to
you after registration or renewal as appropriate.
||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.
||You must promptly inform us of any court proceedings brought in respect
of the Domain Name.
||Any name server listed in the Register entry for the Domain Name must
respond authoritatively to requests for the Domain Name at all reasonable
- Renewal of your Domain Name Registration
||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.
||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
||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.
||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.
- Exclusions and Limitations of Liability
||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.
||Nothing in these terms and conditions limits or excludes our liability
for death or personal injury caused by our negligence or for fraudulent
||We shall not be liable to you whether in contract, tort (including
negligence) or otherwise for:
||any loss of profit, revenue or other type of economic loss (whether
direct or indirect);
||loss of business or contracts;
||loss of anticipated savings or goodwill; or
||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:
||any error or omission in entries to the Register; and
||loss of registration and/or use (for whatever reason and whether
temporary or otherwise) of the Domain Name.
||All conditions and warranties which may be implied by law into any
Contract with you are excluded to the fullest extent permissible by
||Our aggregate liability to you whether under these terms and conditions
or otherwise (including liability for negligence) shall not exceed £5,000.
||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.
||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.
By entering into this agreement you consent to and warrant the following:
||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
||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;
||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
||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.
- Domain Name Dispute Resolution Service
||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
||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.
||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
||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.
||After we have received payment for a Domain Name, only you (and not
your Agent) may surrender the Domain Name.
||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.
||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).
||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.
||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
||We may cancel or suspend the registration of a Domain Name by providing
you with notice in writing in the event of the following:
||if we do not receive your registration or renewal fees in accordance
with clause 2.1 above;
||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;
||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;
||if you are in breach of the warranties contained in clauses
5.1 and 5.3 of the Contract; or
||if the Domain Name is being administered in a way likely to
endanger the operation of the Domain Name System.
||We may transfer, suspend, cancel or amend the Domain Name registration
in the following circumstances:
||upon receiving written instructions from you to take such action
together with any relevant fee;
||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;
||if such changes are necessary in order to correct an error relating
to the Domain Name registration; or
||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.
||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.
- Change of Agent
||If you wish to change your Agent, you should first approach your current
Agent 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
your Agent (unless exceptional circumstances apply). We will only comply
with your request if:
||we are satisfied that you have first approached your Agent, and that
the approach has been unsuccessful; and
||we are not informed by your Agent that there is an express term in
your contract with your Agent which can prevent us from recording such
||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.
||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
||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.
||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.
||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
||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.