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NOMINET
UK's Rules For The .uk Domain And Sub-Domains
and the procedures of NOMINET UK's Dispute Resolution
Service, in each case as amended from time to time, form
part of the contract. Copies of those Rules and procedures may
also be obtained directly from NOMINET UK.
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| 2
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If
the Applicant uses an agent for payment of fees, NOMINET UK
will first seek payment from the agent; but if the agent does
not pay the fees for whatever reason, NOMINET UK will have the
right to recover the fees from the Applicant.
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The
Applicant (or the transferee, as the case may be) will:
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3.1
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(except
where this is the responsibility of the Applicant's agent)
obtain the consent of individuals whose personal data are to
be held on the Register of .UK Domain Names to the access
referred to in Clause 7.10 below;
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3.2
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pay
the initial registration fee to NOMINET UK within one month
after the issue of NOMINET UK's invoice;
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3.3
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sign
and return the reply form attached to the Registration
Certificate, issued by NOMINET UK under clause 4.2 below,
confirming the Applicant's acceptance of these terms and
conditions;
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3.4
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promptly
notify NOMINET UK of any change to its registered details,
including where an agent is appointed, any change to the
agent's details; and
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3.5
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promptly
notify NOMINET UK of any actual or threatened proceedings
brought in respect of the name used as a Domain Name whether
by or against the Applicant.
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| 4
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NOMINET
UK will:
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4.1
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process
the application and consider whether to accept or reject it in
accordance with the criteria laid down in NOMINET UK's Rules
For The .uk Domain And Sub-Domains in force at the time of
the application for registration.
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4.2
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(if
the application is accepted) enter the Domain Name and other
relevant details in the Register of .UK Domain Names as a
pending registration, and, on receipt of the fee, issue a
Registration Certificate to the Applicant; if the application
is not accepted, NOMINET UK will notify the Applicant or the
agent and return any payments received;
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4.3
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convert
the pending registration to a full registration on receipt of
both the initial registration fee and the correctly completed
reply form attached to the Registration Certificate; and
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4.4
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(subject
to clause 11 below) on receipt of the Registration
Certificate, the correctly completed Transfer of Registration
on the reverse of the Certificate and the transfer fee
applicable at the time of the transfer, register the details
of a transferee of the Domain Name registration.
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| 5
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The
initial registration period is two years from the date of the
application for registration. Thereafter, the registration may
be renewed indefinitely for further periods of one or more
years, on payment of the renewal fees applicable from time to
time, and subject to clause 11 below.
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| 6
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The
Applicant (either directly or via an agent) may surrender the
registration of the Domain Name by notice in writing to
NOMINET UK at any time prior to issue of a Registration
Certificate and on issue of the Certificate for that Domain
Name, by sending to NOMINET UK the Certificate and the
correctly completed Surrender of Registration (on the reverse
of the Certificate). No other method of surrender is permitted
after issue of a Certificate. Once the Domain Name and the
Applicant's details have been entered in the Register of .UK
Domain Names as a full registration no refund of fees will be
payable by NOMINET UK.
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| 7
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IMPORTANT
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7.1
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NOMINET
UK is entitled to register Domain Names on a first come, first
served basis, whether or not it has received payment for their
registration; and, until NOMINET UK has confirmed it as a
pending registration, there is no guarantee that the Domain
Name applied for will be entered in the Register as such.
Applicants are advised not to take any action in respect of
the registration of a Domain Name before it becomes a full
registration.
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7.2
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If
payment and the correctly completed reply form attached to the
Registration Certificate are not received by NOMINET UK,
NOMINET UK is entitled to cancel the pending registration by
notice in writing to the Applicant or the agent.
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7.3
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NOMINET
UK may cancel the registration or suspend the delegation of a
Domain Name in exceptional circumstances by notice in writing
to the Applicant or the agent. Exceptional circumstances
include, in particular: where to maintain the registration
would put NOMINET UK in conflict with statutory obligations or
the terms of a Court Order, or where the registration or use
of the Domain Name conflicts with NOMINET UK's Rules For
The .uk Domain And Sub-Domains in force from time to time.
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7.4
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NOMINET
UK does not accept any responsibility for the use of any
Domain Name on the Register of .UK Domain Names and in
particular for any conflict with trade marks, registered or
unregistered, or with rights to names in other contexts. A
Registration Certificate is not intended to be evidence of
ownership of the name used as a Domain Name.
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7.5
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NOMINET
UK will use its reasonable endeavours to ensure that the
appropriate details of the Applicant's registration are
correctly entered and maintained in the Register of .UK Domain
Names. All conditions and warranties which may be implied (by
law or as a result of prior negotiations) into the contract
between NOMINET UK and the Applicant are excluded to the
extent permitted by law. In no circumstances will NOMINET UK
be liable for any loss of profit, business or anticipated
savings suffered by the Applicant.
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7.6
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NOMINET
UK's liability to the Applicant under the contract or
otherwise (including liability for negligence) is limited to
125% of the registration fees paid in respect of a particular
period of registration.
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7.7
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The
Applicant warrants to NOMINET UK that the details submitted by
the Applicant to NOMINET UK are true and correct, and that
future additions or alterations to those details will be true
and correct.
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7.8
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The
applicant warrants to NOMINET UK that neither the registration
of the Domain Name nor the manner in which the Domain Name is
directly or indirectly used infringes the legal rights of a
third party. NOMINET UK's remedies under this warranty will
continue to be available after completion of the registration
process and notwithstanding any subsequent surrender,
cancellation or transfer of the registration of the Domain
Name.
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7.9
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The
Applicant indemnifies NOMINET UK and each of the members of
its Council of Management against any claim that the
registration of the Domain Name or the manner in which the
Domain Name is directly or indirectly used infringes the legal
rights of any third party (except for claims arising from
NOMINET UK's negligence or breach of the terms of the
contract); and indemnifies them against the reasonable costs
and expenses, however they may arise, incurred in defending or
dealing with such a claim.
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7.10
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The
Register of .UK Domain Names will include the names of the
Applicant and the Administrative Contact and other details
relating to them. This information (if it refers to
individuals) is 'personal data' for the purposes of data
protection legislation. NOMINET UK may allow other
organisations and members of the public to access the data for
the purpose of obtaining information about the registration of
the Domain Name or any other related purpose.
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| 8
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The
restrictions and indemnities in clause 7 above are considered
to be reasonable in the context of NOMINET UK's status as a
not-for-profit company limited by guarantee which is
performing a service on a cost-recovery basis.
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| 9
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If
any clause of these terms and conditions is held to be invalid
or unenforceable in whole or in part, the invalid or
unenforceable wording shall be deemed to be omitted.
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| 10
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The
contract may be assigned by NOMINET UK. The Applicant may
assign the contract subject to any change made pursuant to
clause 11 below, and transfer the registration of the Domain
Name, by sending to NOMINET UK the Registration Certificate,
the correctly completed Transfer of Registration on the
reverse of the Certificate and the transfer fee applicable at
the time of the transfer. No other method of transfer is
permitted.
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| 11
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NOMINET
UK may change the terms and conditions of the contract on
renewal or transfer of the registration of the Domain Name.
All transfers and renewals will be made under NOMINET UK's Terms
&; Conditions for the Registration of Domain Names
current at the time of the transfer or renewal and, in the
case of a transfer, as agreed by the Transferor.
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| 12
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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. The notice will
be effective: if delivered, on delivery; if sent by fax or
e-mail, when the sender receives confirmation of receipt; and
if sent by post, on the fourth day after posting.
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| 13
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These
terms and conditions, together with the Rules and procedures
referred to in clause 1 above, constitute the entire agreement
between NOMINET UK and the Applicant for the registration of
the Domain Name, and supersede all prior agreements,
understandings and representations whether oral or written.
Subject to clause 11 above, no variation may be made to the
contract unless it is in writing and signed by authorised
representatives of the Applicant and NOMINET UK.
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| 14
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The
contract shall be governed by English law, and the Applicant
and NOMINET UK submit to the exclusive jurisdiction of the
English Courts.
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Whois 
