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Nominet UK - Terms & Conditions
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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.
By registering a domain name, you agree to the publication of
your name and address as part of the public WHOIS database service.
If you are a Consumer, and you do not wish your address to be
published, please see our web site at http://www.nominet.org.uk
for more information on the Consumer opt out.
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 here 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
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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| 1.1. |
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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| 1.2. |
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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| 1.3. |
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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| 1.4. |
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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| 1.5. |
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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| 1.6. |
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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| 1.7. |
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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| 1.8. |
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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| 1.9. |
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. |
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. |
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. |
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. |
You must promptly inform us of any
court proceedings brought in respect of the Domain Name. |
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| 2.5. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
We shall not be liable to you whether
in contract, tort (including negligence) or otherwise for: |
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| 4.3.1. |
any loss of profit, revenue or other
type of economic loss (whether direct or indirect); |
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| 4.3.2. |
loss of business or contracts; |
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| 4.3.3. |
loss of anticipated savings or goodwill;
or |
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| 4.3.4. |
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. |
any error or omission in entries
to the Register; and |
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| 4.3.6. |
loss of registration and/or use (for
whatever reason and whether temporary or otherwise) of the Domain
Name. |
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| 4.4. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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| Personal data submitted by you
will be: |
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| Posted onto the Register; |
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Unless you are a Consumer and have selected the Consumer
opt out provision , 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"),
or any other service(s) amending or replacing it. Under the
PRSS 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. Any service(s) which may replace the PRSS will
be provided on similar terms. 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 and/or as part of any
other service(s) amending or replacing it. If you are a Consumer
you may select the Consumer opt out provision in respect of
the PRSS, or any other service(s) amending or replacing it;
We may provide your personal data to governmental or law enforcement
agencies at their written request in connection with the conducting
of any investigation. We may provide your name and address
to third parties with a legitimate reason for requesting the
information upon their written request; and
Otherwise, 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. Please note
that if at any point we discover that you are no longer a
Consumer, we will automatically post your personal data onto
the WHOIS and the PRSS and/or onto any other service(s) amending
or replacing the PRSS in accordance with clause 6.1(b) and
(c) above without further notice to you.
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
if we do not receive your registration
or renewal fees in accordance with clause 2.1 above; |
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| 8.7.2. |
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. |
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. |
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. |
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. |
We may transfer, suspend, cancel
or amend the Domain Name registration in the following circumstances: |
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| 8.8.1. |
upon receiving written instructions
from you to take such action together with any relevant fee; |
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| 8.8.2. |
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. |
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. |
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;
or |
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| 8.8.5. |
should you at any time withdraw your
consent to having your personal data displayed on the WHOIS
and/or the PRSS and/or any other service(s) amending or replacing
the PRSS as set out in Clause 6.1 above; or |
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| 8.8.6. |
if you are a Consumer, should you
withdraw from the Consumer opt out and refuse to allow Nominet
to provide your personal data on the WHOIS and/or the PRSS and/or
any other service(s) amending or replacing the PRSS in accordance
with Clause 6.1 above. |
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| 8.9. |
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 Agent |
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| 9.1. |
If you wish to change your Agent,
you should first approach your current Agent to arrange this.
If your approach is unsuccessful, we will at your request and
on payment of the required fee record a change of Agent directly
onto the Register entry for your Domain Name registration. On
receipt of your request, we will notify your Agent. You will
remain liable for any charges you have incurred under the terms
of the contract with your Agent, which may include a fee payable
upon change of Agent. |
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| General |
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| 10.1. |
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. |
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. |
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. |
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. |
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. |
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. |
