This agreement is between: Netistrar Limited, a company incorporated in England and Wales with company number 8735583, whose registered office is at Repton House, Bretby Business Park, Ashby Road, Bretby, Derbyshire DE15 0YZ (We, us, ours), whose services are offered through the Reseller. and The Registrant, whose details are set out in the Schedule (You, your).
It is agreed as follows:
In this agreement the following words and phrases have the following meanings:
“Dispute Resolution Process”ICANN’s Uniform Domain Name Dispute Resolution Process, or any equivalent dispute resolution process affecting any domain name, including without limitation Uniform Rapid Suspension process, and any ccTLD dispute resolution mechanism.“ICANN”the Internet Corporation for Assigned Names and Numbers, a California non-profit organisation that carries out policy and technical coordination for domain names and other Internet identifiers.“Intellectual Property Rights”all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.“Personal Data”data about any identified or identifiable natural person. “Registered Name”a domain name within the domain of a gTLD, whether consisting of two (2) or more (e.g., john.smith.name) levels, about which a gTLD Registry Operator (or an Affiliate or subcontractor thereof engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a RegistryDatabase may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).“Registrar”an organisation authorised by or otherwise accredited to register and maintain domain names with a Registry. “Registry Operator”the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific gTLD.“Registered Name Holder”a person for whom a domain name is registered, and whose contact details are reflected in the WHOIS database for the relevant domain name. In the case of a domain name with a Proxy/Privacy Service, the Registered Name Holder means the person or entity who is the beneficial owner of the domain name.“Proxy/Privacy Service”a mechanism whereby a third party (the Proxy/Privacy provider) inserts their own details into the WHOIS database, so that the contact details of the person or entity for whom the domain name is registered are not published on the WHOIS.“Reseller”a person or entity that participates in Registrar’s distribution channel for domain name registrations (a) pursuant to an agreement, arrangement or understanding with Registrar or (b) with Registrar’s actual knowledge, provides some or all Registrar Services, including collecting registration data about Registered Name Holders, submitting that data to Registrar, or facilitating the entry of the registration agreement between the Registrar and the Registered Name Holder.“Services”domain name registration and related services provided by us to you under this agreement through the Reseller”Specifications and/or Policies”include Consensus Policies, Specifications (such as the Whois Accuracy Program Specification) referenced in this Agreement, and any amendments, policies, procedures, or programs specifically contemplated by this Agreement or authorized by ICANN’s Bylaws.
2.1 Clause, schedule and paragraph headings will not affect the interpretation of this Agreement.
2.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns. 2.3 The schedules form part of this Agreement and will have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the schedules.
2.4 Words in the singular will include the plural and vice versa.
2.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.6 A reference to writing or written includes faxes and e-mail.
2.7 Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them.
2.8 Where the context permits, the words other and otherwise are illustrative and will not limit the sense of the words preceding them. Where the word “will” is used in connection with a contractual obligation (eg you will ensure that…) it means “shall”, ie a strict obligation.
2.9 Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
2.10 References to clauses and schedules are to the clauses and schedules of this Agreement.
3. Selection and availability of domain name
3.1 You acknowledge and agree that we cannot guarantee that you will obtain the domain name(s) that you wish to register, even if our systems or any other look up indicate that the domain name(s) is available at the time of your application. As we process your order, we will inform you by email as soon as possible if any domain name(s) you order turn out to be unavailable and you will not be charged for them.
3.2 Despite our best efforts, a small number of the items for sale on our website, or the website of our Resellers, may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product or service’s correct price is higher than the price on the website, we may either contact you to request whether you want to buy the product at the correct price or cancel your order. If the correct price is lower than our stated price, we will charge the lower amount and provide the product or service.
4. Payment of fees
4.1 In consideration of the Services, you agree to pay the Reseller applicable fees in advance of registration or renewal (or any other chargeable transaction) of your specified domain name.
5. No refund
5.1 You acknowledge and agree that, even if you are acting as a consumer, there will be no refund of domain name fees payable under this agreement. This is because it is the act of registration and renewal which is the essential element of the Services, and these acts are time dependent. As soon as a domain name is registered or renewed, the applicable fees become payable in advance to the relevant registry, many of which do not provide refunds. In some service contracts, it is possible to delay delivery of services until after a cooling off period, but this is not possible in domain name registration or renewals, which are time dependent as described in this clause.
6. Accurate information
6.1 You shall provide to us accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and your fax number if available; name of authorized person for contact purposes in the case that you are an organization, association, or corporation; and the following data elements:
6.1.1 The names of the primary nameserver and secondary nameserver(s) for the Registered Name;
6.1.2 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
6.1.3 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
7. Your responsibilities to provide and maintain accurate and reliable information
7.1 Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to us within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by us concerning the accuracy of contact details associated with your registration shall constitute a material breach of your contract with us and be a basis for suspension and/or cancellation of the Registered Name registration.
7.2 In the event that you intend to license use of a Registered Name to a third party, you are nonetheless the Registered Name Holder of record and are 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 Registered Name. In the event that you are licensing use of a Registered Name according to this provision, you shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing you with reasonable evidence of actionable harm.
8. Our processing of your personal data
8.1.1 The purposes for which any Personal Data collected from the applicant are intended;
8.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
8.1.3 Which data are obligatory and which data, if any, are voluntary; and How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
8.2 By registering or renewing a Registered Name, you shall consent to the data processing referred to in Subsection 8.1.
8.3 You shall represent that notice has been provided equivalent to that described in subsection 8.1 to any third-party individuals whose Personal Data are supplied to us by the you, and that you have obtained consent equivalent to that referred to in Subsection 8.2 of any such third-party individuals.
8.4 We agree that we will not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Subsection 8.1 above. 8.5 We shall take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
9. Warranty of non infringement
9.1 You represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, and further that the domain name is not being registered for, not shall it at any time be used for, any unlawful purpose.
9.2 You acknowledge that the registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
9.3 During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from such page shall be for our own account.
10. Disputes relating to the Registered Name
10.1 You agree to be bound by our current Dispute Resolution Policy, which is incorporated by into this Agreement. The Uniform Domain Name Dispute Resolution Policy applies to all gTLDs, and some ccTLDs provide other dispute resolution policies. Links to these policies are given in “additional registry requirements” and you agree to check these terms periodically for modifications. If you cancel or terminate your Services with us as a result of modifications to any applicable dispute resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable.
10.2 For the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
10.3 You agree that your registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
10.4 You shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
11. Limitation and exclusions of liability
11.1 We will do our utmost to ensure that availability of our Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to Netistrar Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
11.2 Netistrar will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using Netistrar Services.
11.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have services provided within a reasonable time or to receive a refund if services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
11.4 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
11.5 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
12. Transfer of ownership
12.1 The person named as Registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed to have the Registrant’s authority to manage the domain name. You agree that prior to transferring the ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing, to be bound by all the terms and conditions of this Agreement. Unless the Transferee agrees to be bound by these terms and conditions, we will be unable to process the transfer.
13.1 We may assign all or part of our rights and obligations under this agreement to our parent company, a subsidiary, its survivor in connection with a corporate reorganisation, to any entity acquiring all or substantially all of its property, or to any entity in which it is merged or consolidated. No assignment of this agreement will operate to discharge the assignor of any duty or obligations under this agreement without your prior written consent.
14. Our right to update this agreement
14.1 The Internet, and domain name registration, are rapidly evolving environments, which are subject to frequent changes and development. In order to reflect such changes and developments, we reserve the right to make reasonable changes to these terms and conditions at any time during the term of this agreement. While we will (through our network of Resellers if appropriate) notify Registered Name Holders of significant changes in writing (significance being determined by us in our sole discretion), you should visit our website regularly to keep yourself updated as regards any or all other changes.
14.2 Any such modification or change will be binding and effective within 30 days of posting in the Netistrar Control Panel or our website, or notification direct to you by email.
14.3 If you do not agree to the terms and conditions of this agreement as modified, you may send us a cancellation notice under paragraph [ ] of this agreement.
14.4 You agree to check the Netistrar Control Panel and our website for any updates, and that your continuing use of our services following notice will constitute your acceptance of such modifications or changes.
15. General terms
15.1 Severance: If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.
15.2 Third parties: This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.
15.3 Taxes: Unless stated otherwise, the fees for our services do not include taxes. You will be responsible for any sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to the services provided under this agreement.
15.4 No partnership or agency: Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15.5 Notices: Any notice given to a party in connection with this Agreement will be in English (or accompanied by an English translation) and will:
15.5.1 be considered to have been served if hand-delivered, or sent by prepaid post, or e-mail
15.5.2 if for you, be sent for the attention of the person, at the address, or email address specified in the Schedule.
15.5.3 if for us, be sent by post for the attention of legal services at our registered office address (stated at the top of this Agreement), or by email to [email protected]
15.5.4 apply from the date it was delivered, or if not delivered the date it was sent or posted.
15.6 Entire agreement: These conditions are the entire agreement between you and us and replace all previous contracts, understandings and representations, whether spoken or written.
15.7 Force Majeure: Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond that party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
15.8 Waiver: Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of any such right or remedy. A waiver (which may be given subject to conditions) of any right or remedy provided under this Agreement or by law shall only be effective if it is in writing and shall apply only to the party to whom it is addressed and for the specific circumstances for which it is given. It shall not prevent the party who has given the waiver from subsequently relying on the right or remedy in other circumstances. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
15.9 Governing law and jurisdiction: This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant.
Registrants’ Benefits and Responsibilities
Domain Name Registrants’ Rights:
1.1 Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
1.1.1 You are entitled to review this Registration Agreement at any time, and download a copy for your records.
1.2 You are entitled to accurate and accessible information about:
1.2.1 The identity of your ICANN Accredited Registrar;
1.2.2 The identity of any proxy or privacy service provider affiliated with your Registrar;
1.2.3 Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
1.2.4 The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
1.2.5 The customer support services offered by your Registrar and the privacy services provider, and how to access them;
1.2.6 How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
1.2.7 Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.
1.3 You shall not be subject to false advertising or deceptive practices by your Registrar or though any Proxy/Privacy Services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.
Domain Name Registrants’ Responsibilities:
1.1 You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
1.2 You must review your Registrar’s current Registration Agreement, along with any updates.
1.3 You will assume sole responsibility for the registration and use of your domain name.
1.4 You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
1.5 You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registraraccount data current. If you choose to have your domain name registration renew automatically, you must also keep your pay
Terms for .UK domains
For every .uk domain name, the registrant (end user) enters into a direct contract with the .uk registry, Nominet.
If you are a reseller, please make all your customers aware of the terms prior to making the domain name registration. You should particularly highlight the terms relating to WHOIS and privacy (paragraphs 11-13).
If you are registering a .uk domain name on your own behalf, you agree to be bound by Nominet’s terms and conditions.
Disputes under .uk are covered by the Dispute Resolution Service Policy and Procedure
Expired domain names in .uk
We may, no earlier than 30 days after the expiry of a domain name on an Accredited Channel Partner Tag, take steps to transfer the domain name into our name, provided that we have previously informed you that we intend to do this and obtained your explicit consent to our doing so. Such consent must be obtained no earlier than 30 days before the date on which the domain name is due to expire, and no later than 30 days after the date on which the domain name expired. Even if we transfer a domain name in these circumstances, you retain the right to renew the domain name in question. We will not transfer a domain name into the name of a third party under this paragraph.
Incorporation of individual registry terms and policies
ADDITIONAL REGISTRY REQUIREMENTS. Some registries have additional contractual requirements that you (or if you are a reseller, your customers) agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries.