The following
conditions apply to all Second Level Domains
registered via CentralNic. These include
uk.com, uk.net, gb.com, gb.net, eu.com.
The following terms and
conditions apply to the registration of
domain names and provision of a domain name
service by CentralNic Ltd ("CentralNic").
For the purposes of these terms and conditions,
any references to the registration of a
domain name ("domain name") includes,
without limitation, the provision of the
associated domain name service:
1. You must have the right
to use the name which will form the prefix
of the domain name and which will be issued
by CentralNic. By applying to register the
domain name you warrant to us that you have
that right.
2. By applying to register
the domain name you agree to indemnify and
to keep CentralNic and its directors fully
and effectively indemnified at all times
against all costs, claims, liabilities,
losses, damages, actions and expenses (including
without limitation, legal expenses) arising
directly or indirectly from the registration
and/or any breach by you of any of these
terms and conditions.
3. You may apply to register
the domain name on behalf of, and in the
name of, a third party (if you are an Internet
Service Provider, for example) and/or register
the domain name in your own name on behalf
of a third party provided that you have
their prior consent and agree at any time
on request by that third party to de-register
the domain name which was registered in
your name and allow that third party to
register it in their name. In either case
you may charge them what you like for your
services. CentralNic reserves the right
to immediately cancel without notice the
domain name if CentralNic reasonably believes
that you have registered a domain name in
breach of clause 1 or with the intention
of defrauding a third party.
4. If you apply to register
the domain name on behalf of a third party
(a client, for example) and you are registered
on the CentralNic database as a billing
contact, CentralNic, at its option, will
be entitled to receive any payments due
in respect of the domain name registration
from you or the relevant third party. You
and the third party shall be jointly and
severally liable in this regard.
5. The initial registration
of the domain name is for two years from
the date of application for registration.
Thereafter, the registration may be renewed
for further periods provided that you pay
the appropriate renewal fee on or before
the relevant renewal date. It is your responsibility
to ensure that you apply to renew the domain
name registration at least 30 days before
the renewal date and provide accurate and
up to date contact details. Whilst CentralNic
endeavours to send reminders of renewal
dates it does not guarantee to do so and
will not be liable if you fail to renew
any registration on time.
6. You may surrender the
registration of the domain name at any time
by notice in writing to CentralNic.
7. Once the domain name
and your full details have been entered
in the CentralNic database no refund will
be payable by CentralNic.
8. Unless you have selected
the option to opt-out, the details you supply
will be published using CentralNic's WHOIS
service. CentralNic reserves the right,
subject to data protection legislation,
to publish registrants' details in other
circumstances, including to governmental
or law enforcement agencies, to third parties
with a legitimate reason for requesting
the information, and on production of a
court order.
9. Domain names are registered
on a first come, first served basis.
10. There is no guarantee
that a domain name applied for has been
entered on CentralNic's database until you
receive confirmation of registration. You
are advised not to, and CentralNic accepts
no liability arising from, any action taken
in respect of the use and/or registration
of the domain name before you have received
such confirmation and full payment has been
made and received by CentralNic.
11. Acceptance of applications
to register the domain name is at the sole
discretion of CentralNic. Without prejudice
to the generality of the foregoing, CentralNic
may refuse to accept such application if
the domain name:
(a) is currently registered;
(b) is on the list of reserved
words (this list is not available for public
scrutiny);
(c) is obscene or otherwise
deemed to be unsuitable by CentralNic in
its sole discretion.
Acceptance of a domain
name by CentralNic shall not be construed
as CentralNic approving or agreeing that
you have the right to register that name.
12. The fees for the registration
of, and renewal of registrations of, the
domain name are those posted on the CentralNic
website from time to time. CentralNic shall
be entitled to invoice you for the registration
for the domain name on receipt of an application
to register for the domain name and for
the renewal of the domain name registration
on or before the renewal date. Payment must
be made within the period stated in the
invoice. If CentralNic does not receive
payment within such period CentralNic is
entitled, at its option, either to suspend
or to delete the domain name registration
from the database and if deleted, the domain
name may be made available for registration
to the public. If suspended, CentralNic
reserves the right to charge you for resumption
of the registration of the domain name.
13. If the registrant for
the domain name changes, the new registrant
must re-register the name and pay the full
registration fee. CentralNic accepts no
liability and shall not be responsible if
a third party registers the domain name
before such re-registration.
14. CentralNic may at its
sole option, cancel the registration or
suspend registration of the domain name
if:
(a) ordered to do so by
a court of competent jurisdiction;
(b) the use of the domain
name is illegal;
(c) if there is a breach
of these terms and conditions, including
without limitation, clause 1;
(d) the continued use of
a domain name could cause technical problems
on the Internet.
(e) following the ICANN
Uniform Domain-Name Dispute-Resolution Policy
the name has been judged to infringe the
trademark or other intellectual property
of the complainant.
15. CentralNic gives no
warranty and makes no representation in
respect of the domain names registered hereunder
including, without limitation, the availability
of any domain names and hereby excludes,
to the fullest extent permitted by law,
all conditions, warranties, terms, undertakings
and representations, express or implied,
whether by statute, common law or otherwise
in relation to such domain names.
16. CentralNic shall not
be liable to you whether in contract, tort,
by statute or otherwise in respect of any
loss of profits and/or for any special,
indirect, incidental or consequential loss
or damage arising out of or in connection
with the domain names registered hereunder,
including without limitation:
(a) loss of revenue; and/or
(b) loss of anticipated
savings; and/or
(c) loss of business and/or
goods; and/or
(d) loss of goodwill; and/or
(e) loss of use; and/or
(f) loss and/or corruption
of data and/or other information; and/or
(g) downtime; and/or
(h) any damage relating
to the procurement of any substitute services.
For the avoidance of doubt,
neither the types of loss and/or damage
specified in sub-clauses (a) to (h) inclusive
of this clause 16 nor any similar types
of loss and/or damage shall constitute direct
loss for the purposes of these terms and
conditions.
17. In no event shall CentralNic's
liability to you whether in contract, tort,
by statute or otherwise exceed the registration
fee for the domain name.
18. Nothing in this Agreement
shall exclude or restrict the liability
of either party for fraudulent misrepresentation
and/or for death or personal injury arising
as a result of the negligence of that party,
its officers, employees, agents and/or sub-contractors.
19. The terms and conditions
are exclusively governed by English law
and by applying to register or renew a domain
name you and CentralNic submit to the exclusive
jurisdiction of the English courts. |
