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Global Domain Names: .biz, .info, com, .net, .org only
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1.
Introduction |
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This
domain name registration agreement ("Registration Agreement")
is submitted by the Registrant to Network Magic Ltd to register
a domain name on the Internet. If this Registration Agreement
is accepted by Network Magic Ltd, then the Registrant agrees to
be bound by the terms and conditions of this Agreement.
1.1 Updated terms and conditions can be viewed by visiting our
web site www.domain-nameuk.co.uk/terms.htm
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2.
Licensing of Domain Name |
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The
Domain Name Registrant remains responsible for this Registration
Agreement, even if Registrant licenses use of the domain name
to a third party.
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3.
Payment |
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- 3.1
Registration fees are payable at time of order and cheques should
be dispatched upon day of order, (we allow 5 days to receive
cheques or payment) unless otherwise agreed.
- 3.2
Fees are non-refundable, unless otherwise stated on our
web site and/or in writing.
- 3.3
Registration is not effective until the Registration fee has
been paid and cleared into the account of Network Magic Ltd.
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4.
Licensing Domain Name(s) |
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The
registrant is the responsible contracting party under this Registration
Agreement, even if Registrant licenses use of the domain name
to a third party.
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5.
Application Information |
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The
registrant is responsible to make sure that all information provided
is accurate and true. Registrant should correct and update information
during the registration period and respond within fourteen (14)
calendar days to communications from Network Magic Ltd.
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6.
Domain Name Registration |
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The
registrant acknowledges that the rules of domain name registration
as set out by the duly authorised bodies may change from time
to time without notice. With regard to these rules Network Magic
Ltd as your agent can give no guarantee(s) with regard to the
following :
- 6.1
The
registrant acknowledges that no representation or claim is made
that, the domain name you wish to register is capable of being
registered by, or for you. You should therefore not assume registration
of your requested domain name(s) until you have been notified
that it has or they have been registered. Any action taken by
you before such notification is at your risk
- 6.2
The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant naming authority;
it is your responsibility to read, comply and be aware of any
terms and conditions that may effect your registration. We shall
do our best to communicate any major changes via updates on
our web sites and or by email. You shall have no right to bring
any claim against us in respect of refusal to register a domain
name. Domain Name charges will be refundable if a Domain Name
cannot be registered. Any administration charge paid by you
to us shall not be refundable if the naming authority refuse
to register your desired name
- 6.3
The Registrant acknowledges that we shall have no liability
in respect of the use by you of any domain name; any dispute
between you and any other person must be resolved between the
parties concerned. If any such dispute arises, we shall be entitled,
within the rules of the relevant naming authorities, to withhold,
suspend or cancel the domain name. We will also be entitled
to make representations to the relevant naming authority but
will not be obliged to take part in any dispute;
- 6.4
We shall only release domains to other agents if the Domain
Name holders account is paid in full and there are no outstanding
amounts owed.
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7.
Disputes |
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The
registrant agrees, as a condition of submitting this Agreement,
and if this Agreement is accepted by Network Magic Ltd, that the
Registrant will be bound by the authorised bodies current Dispute
Policy and its procedures. Registrant agrees that the authorised
body, may at its sole discretion, change or modify the Dispute Policy,
incorporated by reference herein, at any time. Registrant agrees
that Registrant's maintaining the registration of a domain name
after changes or modifications to the Dispute Policy become effective
constitutes Registrant's continued acceptance of these changes or
modifications. Registrant agrees that any dispute relating to registration
or use of its domain name will be subject to the provisions specified
in the dispute policy. |
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8.
Information Records and Processing |
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The
Registrant acknowledges information obtained from Registrant will
be:
- 8.1
Communicated to NSI and other registry administrators for registry
use when so required;
- 8.2
publicly available from time to time as required by the Global
Domain Name originating bodies
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8.3
may be used by Network Magic Ltd for inclusion in registers
and data bases produced by Network Magic Ltd.
- 8.4
This agreement gives the Agent of the Registrant, (Network Magic
Ltd) authorisation to hold and use the registry key to maintain
the Domain Name and make changes as and when required by the
Domain Name Holder or other authorised bodies.
- 8.5
The rules on information as set out in clauses 8.1 to 8.3. can
be varied if the Registrant provides non consent verification
stating name, address, date to include the signature of the
appropriate authorised individual. This must be sent to Network
Magic Ltd for forwarding to the correct authority.
- 8.6
The Registrant must ensure that it has, or will provide, to
any third party individuals whose details have been provided
to Network Magic Ltd, the same information about use of details
as are set out in this clause 8, and that the the aforesaid
parties have individually consented to the use of their personal
data.
- 8.7
Network Magic Ltd will process information in a manner compatible
with the purposes and limitations as described in clause 6.
- 8.8
Network Magic Ltd will take reasonable precautions to protect
personal information obtained from Registrant from loss, misuse,
unauthorised access or disclosure, alteration or destruction
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9.
Breach |
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The
registrant agrees that failure to abide by the provisions of this
Registration Agreement or the Dispute Policy may be considered to
be a material breach and Network Magic Ltd may provide notice, describing
the breach, to the Registrant. If, within twenty eight (28) days
of the date of such notice, the Registrant fails to provide evidence,
which is reasonably satisfactory to Network Magic Ltd that it has
not breached its obligations, then Network Magic Ltd may delete
the Registrant's registration of the domain name. Any such breach
by a Registrant shall not be deemed to be excused simply because
Network Magic Ltd did not act earlier in response to that, or any
other, breach by the Registrant. Notice will be given by post or
electronic means. |
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10.
Indemnity |
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The
registrant agrees to indemnify, keep indemnified and hold its
agent and the official registry bodies in this chain (or any other
registry administrator), their directors, officers, employees
and agents harmless from and against all and any claims, damages,
liabilities, costs and expenses (including reasonable legal fees
and expenses) arising out of or relating to Registrant's domain
name registration or to the Registrant's use of the domain name.
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11.
Limitation of Liability |
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To
the extent permitted by law, Registrant agrees that neither Network
Magic Ltd nor the official registry bodies in this chain (or any
other registry administrator) has any liability to the Registrant
for any loss which Registrant may incur in connection with Network
Magic Ltds processing of this Registration Agreement, or the processing
of any authorized modification to the domain name(s) record during
the covered period, or the failure by the Registrant's agent to
pay either the registration fee or renewal fee, or as a result of
the application of the provisions of the Dispute Policy. Registrant
agrees that in no event will the liability of Network Magic Ltd
under this Agreement for any matter exceed, in the sole option of
Network Magic Ltd, the re-supply of the services again or the fee
paid to Network Magic Ltd for the provision of the services.
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12.
Agents for the Registrant |
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The
registrant agrees that if this Registration Agreement is completed
by an agent on behalf of the Registrant, such as an Administrative
Contact, the Registrant is still bound as the principal by all
terms and conditions herein, including the Dispute Policy.
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13.
Legal rights to Domain Name(s) |
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The
Registrant accepts that registration of a domain name does not grant
legal rights to the name, nor does it imply immunity from objection
to either the registration or use of the domain name. |
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14.
Warranty |
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The
Registrant warrants that, to the best of registrant's knowledge
and belief, neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes the
legal rights of any third party. Breach of this warranty will
constitute a material breach.
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15.
Revocation |
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The
Registrant agrees that Network Magic Ltd may delete a registrant's
domain name if this Registration Agreement, or subsequent modification(s)
thereto, contains false or misleading information, or conceals or
omits any information Network Magic Ltd would likely consider material
to its decision to approve this Registration Agreement.
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16.
Right of Refusal |
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The
Registrant acknowledges that any duly authorised body may amend
the policy at any time and that policy may provide that registration
of certain domain names is prohibited. Network Magic Ltd at its
sole discretion, reserves the right to refuse to approve the Registration
Agreement for any Registrant. Registrant agrees that the submission
of this Registration Agreement does not obligate Network Magic
Ltd to accept this Registration Agreement. Registrant further
agrees that Network Magic Ltd is not liable for loss or damage
that may result from Network Magic Ltds refusal to accept this
Registration Agreement.
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17.
Transfer, Suspension, Cancellation |
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The
Registrant accepts that registration of its domain name(s) shall
be subject to suspension, cancellation or transfer by any registry
administrating bodies powers under their duly authorised policy.
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18.
Severability |
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The
Registrant agrees that the terms of this Registration Agreement
are severable. If any term or provision is declared invalid, it
shall not affect the remaining terms or provisions, which shall
continue to be binding.
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19.
Entirety |
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The
Registrant agrees that this Registration Agreement and the Dispute
Policy is the complete and exclusive agreement between the Registrant
and Network Magic Ltd regarding the registration of Registrant's
domain name(s). This Registration Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy, or precedent. |
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20.
Changing Registrar |
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The
Registrant agrees that it can change its Registrar for an existing
domain name only in accordance with the duly authorised bodies
policies and or the terms contained herein this registration agreement.
- 20.1
Registrant agrees it may not change its Registrar for a period
of sixty (60) days after initial registration of the domain
name with Network Magic Ltd.
- 20.2
Registrant agrees that it will pay the administration charges
of £19, (unless otherwise agreed in writing at time of
order), should it wish to transfer a domain name from Network
Magic Ltd, to a new agent.
- 20.3
for the resolution of disputes concerning the domain name;
or
- 20.4
to correct mistakes by the Registrar or the registry administrator
in the registering of the domain name.
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21.
International Law |
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Registrant
agrees that this Registration Agreement is subject in all respects
to the Law and construed in accordance with the laws of the duly
authorised bodies, through which the domain names are registered,
and the countries in which the various authorised bodies reside.
By submitting this Registration Agreement, Registrant consents to
the exclusive jurisdiction of the Courts of the country in which
the authorised registering body resides and all courts hearing appeals
from such Courts. |
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22.
General |
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- 22.1
Nothing in this Agreement may be construed as creating the relationship
of a partnership or joint venture between the parties.
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22.2
Failure by Network Magic Ltd to ensure Registrant has complied
with any provision of this agreement does not affect the full
right to require any provision to be performed at any time thereafter.
05/03/2001 © Network Magic Ltd
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| Terms
& Conditions for the Registration of UK Domain Names |
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1.
NOMINET UK's Rules For The .uk Domain And Sub-Domains
(which can be accessed on the World Wide Web through http://www.nic.uk/rules.html),
and the procedures of NOMINET UK's Dispute Resolution Service
(which can be found on the World Wide Web at http://www.nic.uk/drs.html
), 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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3.
The Applicant (or the transferee, as the case may be) will:
3.1
(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;
3.2
pay the initial registration fee to NOMINET UK within one month
after the issue of NOMINET UK's invoice;
3.3
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;
3.4
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
3.5
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.
NOMINET UK will:
4.1
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.
4.2
(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;
4.3
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
4.4
(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.
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.
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. IMPORTANT
7.1
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.
7.2
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.
7.3
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.
7.4
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.
7.5
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.
7.6
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.
7.7
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.
7.8
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.
7.9
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.
7.10
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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9.
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.
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.
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.
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.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.
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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