Terms and conditions for .uk.co names. 10/4/01   Names are registered through Net Registrar UK.CO Ltd and are done so under the following terms and conditions: These are the terms and conditions of a Contract for the registration, use and maintenance of a domain name in the register of .uk.co domain names, which is made between the person or organisation applying to register the domain name ("the Applicant") and Net Registrar UK.CO Limited ("Net Registrar UK.CO") 1. Applicant’s Registration Obligations The Applicant : 1.1 Warrants to Net Registrar UK.CO that the details submitted in the application to Net Registrar UK.CO are true and correct and undertakes to notify Net Registrar UK.CO promptly of any change that occurs to those details. 1.2 Warrants to Net Registrar UK.CO that the domain name does not, directly or indirectly, infringe the rights of any third party. 1.3 Will pay the registration and maintenance fees within 28 days of Net Registrar UK.CO’s invoice for those fees. 1.4 Consents to the inclusion of personal data in the application being held in the register of .uk.co domain names and (subject to the EU Directive on Data Protection 95/46/EC and the provisions of the UK Data Protection Act, 1999 ) to that data being made available to those who wish to obtain information concerning the registration of the domain name or related purposes. 1.5 Has a valid UK postal address. 2. Net Registrar UK.CO’s Registration Obligations Net Registrar UK.CO will: 2.1 Process the application in accordance with its current policy on registration and use of domain names in the register of .uk.co domain names. In accordance with that policy, Net Registrar UK.CO will refuse registration of the domain name if the proposed name is either already registered in the register of .uk.co domain names or is on Net Registrar UK.CO’s list of reserved words; or if in Net Registrar UK.CO’s, absolute discretion, it is of the opinion that: * the proposed name is obscene or offensive; * the proposed name appears likely to infringe the rights of a third party; * the proposed name is, for any reason, otherwise unsuitable. 2.2 Enter the domain name in the register of .uk.co domain names on a ‘first-come; first-served’ basis, whether or not Net Registrar UK.CO has received payment of the registration fee. 2.3 Notify the Applicant (or agent) of the outcome of the application. If the application is not accepted, Net Registrar UK.CO will return the registration fee paid within 28 days . 2.4 Use its reasonable endeavours to ensure that details of the Applicant’s registration are correctly entered and maintained in the register of .uk.co domain names. 3. Cancellation or Suspension of Registration 3.1 If the Applicant does not pay the fees for registration and renewal of a domain name within 30 days of Net Registrar UK.CO’s invoice, Net Registrar UK.CO may cancel the registration of that domain name without further notice to the Applicant. If a domain name is cancelled for non-payment of fees, it will be made available again for registration 30 days later. 3.2 In exceptional circumstances, Net Registrar UK.CO may cancel or suspend the registration of a domain name by notice in writing to the Applicant (or agent). Registration and renewal fees will not be refunded where a domain name is cancelled or suspended in any exceptional circumstances. ‘Exceptional circumstances’ include, but are not limited to, the submission to Net Registrar UK.CO of false or misleading information by the Applicant in an application for registration of a domain name; breach of this contract by the Applicant; situations where registration would, in Net Registrar UK.CO’s opinion, put Net Registrar UK.CO in breach of statutory or regulatory obligations or the terms of any court order; or where continued registration of a particular domain name would conflict with Net Registrar UK.CO’s policy on registration and use of domain names in the register of .uk.co domain names which is in force at that time. If a domain name is cancelled in exceptional circumstances, it will be only be made available again for registration in Net Registrar UK.CO’s discretion. 3.3 An Applicant may ask Net Registrar UK.CO cancel the registration of a domain name at any time by notice in writing to Net Registrar UK.CO. Net Registrar UK.CO will remove the registration from the register of .uk.co domain names within 30 days of receiving the Applicant’s notice. No refund of any registration or renewal fees will be made. 4. Transfers 4.1 No domain name is owned by any Applicant and an Applicant only has the right to use a domain name registered in the register of .uk.co domain names, for so long as registration and renewal fees are paid (and subject to Net Registrar UK.CO’s cancellation rights referred to previously). ‘Transfers’ to a third party of the right to use a domain name registered in the register of .uk.co domain names can only be made by the third party applying for registration of the domain name, with the present Applicant’s consent, and on payment of the registration fee in force at the time. Net Registrar UK.CO will process that application in accordance with its policy on registration and use of domain names in the register of .uk.co domain names, and its Terms and Conditions, in force at that time. 4.2 Net Registrar UK.CO may transfer this contract without the consent of the Applicant. 5. Applicant’s Indemnity to Net Registrar UK.CO and its personnel. 5.1 The Applicant understands that Net Registrar UK.CO does not accept any liability in respect of the use by the Applicant of a domain name in the register of .uk.co domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of .uk.co domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name. 5.2 The Applicant agrees to indemnify and hold harmless each of Net Registrar UK.CO, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicant’s domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation. 6. Net Registrar UK.CO’s Liabilities 6.1 All implied conditions and warranties by Net Registrar UK.CO are excluded. 6.2 Net Registrar UK.CO will not be liable for any loss of profit, loss of anticipated savings, or any other commercial damage including, but not limited to, special incidental, consequential, business interruption or other indirect damages, under any cause of action arising out of, or relating to, this contract even if Net Registrar UK.CO has been advised of the possibility of such damages. Subject to statute, the liability of Net Registrar UK.CO to the Applicant for any claim arising out of or relating to this contract, or for negligence in the performance of this contract, exceed the aggregate amount paid to Net Registrar UK.CO by the Applicant for registration and renewal fees in the current period of registration. 7. General 7.1 These terms and conditions constitute the entire agreement between the Applicant and Net Registrar UK.CO for the registration and maintenance of the domain name. They supersede any previous agreements, negotiations, promises or representations, whether verbal or written. If there is any inconsistency between these Terms and Conditions and other material on Net Registrar UK.CO’s website, then it is these Terms and Conditions that apply. 7.2 If any, or any part, of these Terms and Conditions is held to be invalid or unenforceable, then this will not affect the remainder of this contract between the Applicant and Net Registrar UK.CO, which shall continue to be binding. 7.3 This contract shall be governed by English law and subject to the exclusive jurisdiction of the English Courts. 7.4 Notices to be given under this contract shall be in writing and shall be served personally or sent by first class pre-paid post, addressed: * to Net Registrar UK.CO, at its registered office; * to the Applicant, at the address registered for the Applicant (or agent) in the register of .uk.co domain names.