2.2.1 We will use our reasonable endeavours to register domain names and notify you of the outcome but we give no guarantee of success.
2.2.2 We may in our discretion cancel, take ownership, dispose of and /or refuse to register, release or renew any domain name:
a) in the event of Exceptional Circumstances concerning that domain name;
b) if our fees in respect of that domain name are overdue;
c) if we are required to do so by Regulation or competent authority; or
d) if it is otherwise permitted under these T&Cs.
2.2.3 No refunds shall be given once gTLDs are registered or ccTLDs are ordered by you.
2.2.4 The registration and renewal fees specified in our price list are subject to any variations in the local charge made by the registry for the particular domain name (known as the "NIC fee").
2.2.5 We may replace one or more unavailable domain names ordered as part of a domain name bundle with alternative domain names with the same suffix.
2.2.6 Newly registered domain names will be hosted on our DNS unless we are otherwise notified at date of the order.
2.2.7 We shall be set up as the billing and technical (or equivalent) contacts by default on all newly registered domain names and on all domain names transferred to our DNS.
2.2.8 Newly registered gTLDs cannot be transferred to another registrar within 60 days of registration.
2.2.9 Domain names which expire are at risk of cancellation. You are ultimately responsible for paying renewal charges to the appropriate registry.
2.2.10 If we do not receive a request from you to renew a gTLD, we will automatically renew the registration on the expiry date, to provide you with an additional period of time during which you can request renewal. However, if we still do not receive a request from you to renew the domain, the registration will be cancelled and the domain will be deleted from the appropriate registry 35 days after the original expiry date.
2.2.11 Once a gTLD has been deleted at the registry, it enters a 30 day "Redemption Grace Period", during which it may be possible to restore the registration on payment of an additional fee, currently £50 + vat over and above the normal domain renewal fee.
2.2.12 The extent of our renewal services is to:
a) notify you via the most recent email address you have supplied to us of any renewal notices received by us; and
b) use our reasonable endeavours to renew domain names which by the renewal date you have specifically asked us in writing to renew and paid for. Please note that we will not renew domain names if you have not responded to our notification.
2.2.13 Our renewal services do not apply to (and you are solely responsible for renewing) domain names:
a) which are not or stop being hosted on our DNS; and/or
b) in respect of which we do not receive renewal notices, whether because we are not named as billing contact, the relevant registry sent renewal invoices direct to you or otherwise.
2.2.14 If domain names are transferred or removed from our DNS:
a) we may remove ourselves as billing, technical or other contacts;
b) websites at those domains may become inaccessible;
c) web and email forwarding will cease and emails may be lost; and
d) fees may be payable in accordance with our then current price list.
2.2.15 We will implement registrant transfers only in accordance with our requirements specified on our website.
2.2.16 If you choose to use our DNS but do not configure web forwarding or zone records for your website (defined as www.yourdomainname.tld), it
will be re-directed to a holding page or other website. You agree that
we may amend the content of any holding page or change the destination
of any re-direction at our sole discretion. This does not in any way
affect your right or ability to configure web forwarding or other zone
records to direct traffic for your domain name to another location, at
any time prior to the expiration of your domain name.
2.3 Your obligations and representations
2.3.1 You must carefully check our notification of new registrations
and inform us immediately if anything is incorrect. You must not take
any action in reliance on ownership of the domain name until our notification.
2.3.2 You must supply accurate and reliable contact details including
full name, address, email, telephone, fax and name of organisation contact
for registrant and administrative and other contacts as well as nameservers
and you must and promptly correct and update those details.
2.3.3 Your:
a) willful provision of inaccurate or unreliable information;
b) willful failure to promptly update information provided to us;
or
c) failure to respond for over 15 days to our enquiries concerning
the accuracy of contact details
constitute a material breach of this agreement and are a basis for
cancellation of the relevant registrations.
2.3.4 If you licence (ie rent) a domain name to someone else ("Licencee"),
you remain responsible for your obligations under this agreement and
for providing and updating full contact information sufficient to resolve
any problems. You accept liability for harm caused by wrongful use of
the domain unless you promptly disclose the identity of the Licencee
to a third party who provides you with reasonable evidence of actionable
harm.
2.3.5 You represent that to the best of your knowledge neither the
registration of the domain or the manner in which it is or will be directly
or indirectly used infringes the legal rights of any third party.
2.4 Additional exclusions and restrictions of our liability to you
2.4.1 We are not liable for the actions of any Naming Authorities.
2.5 Incorporation of registry terms and conditions, rules and policies
2.5.1 You are bound by all present and future applicable terms and
conditions, specifications, procedures, rules and policies of relevant
Naming Authorities. Such documents are likely to be available on the
relevant Naming Authority's website (but we are happy to provide any
on request). They include (without limitation):
Domain type - Document - URL
.uk terms and conditions
http://www.nic.uk/registrants/aboutdomainnames/legal/terms/
.biz terms and conditions
http://www.netnames.com/dnrs/client/uk/navigation/dotbiz_terms.html
.info terms and conditions
http://www.netnames.com/dnrs/client/uk/navigation/dotinfo_terms.html
.name terms and conditions http://www.netnames.com/dnrs/client/uk/navigation/dotname_terms.html
.cn Domain regulations http://www.cnnic.cn/html/Dir/2005/03/24/2861.htm
.us Domain regulations http://www.neustar.us/policies/index.html
.pro Registration regulations http://www.netnames.com/dnrs/client/uk/navigation/dotpro_reg.html
.eu Domain registration agreement http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf
.jobs Domain regulations see http://www.goto.jobs/registrationAgreement.html
.mobi Domain regulations see http://www.mtld.mobi
.se terms and conditions see http://www.netnames.com/platinum/se+registrar
2.5.2 Additional terms relating to .mobi domain names
You agree to :
Indemnify to the maximum extent permitted by law, defend and hold harmless
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 relating to
the Registered Name Holder's domain name registration and or use, and this
indemnification obligation survive the termination or expiration of the
registration agreement;
Indemnify, defend and hold harmless Registry Services Provider, its
subsidiaries and affiliates, and the directors, officers, employees and
agents or each of them, from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to the Registered Name Holder's domain
name registration and or use, and indemnification obligation survive the
termination or expiration of the registration agreement
Acknowledge and agree that notwithstanding anything in this Agreement to the
contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of
the .mobi TLD, is and shall be an intended third party beneficiary of this
Agreement. As such, the parties to this Agreement acknowledge and agree
that the third party beneficiary rights of dotmobi have vested and that
dotmobi has relied on its third party beneficiary rights under this
Agreement in agreeing to [Group NBT Plc aka NetNames] being a registrar for
the .mobi top-level domain. Additionally, the third party beneficiary
rights of dotmobi shall survive any termination or expiration of this
Agreement.
Comply with ICANN requirements, standards, policies, procedures, and
practices for which Registry Operator has monitoring responsibility in
accordance with the Registry Agreement or other arrangement with ICANN;
Comply with operational standards, policies, procedures, and practices for
the Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner as Registry Policies, applicable to all registrars
and/or Registered Name Holders, and consistent with the Registry Agreement
shall be effective upon thirty days notice by Registry Operator to
Registrar;
Consent to the use, copying, distribution, publication, modification and
other processing of Registered Name Holder's Personal Data by Registry
Operator and its designees and agents in a manner consistent with the
purposes specified pursuant to Subsection 2.6 and with relevant mandatory
local data protection, laws and privacy;
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute
Resolution Policy ("UDRP");
Immediately correct and update the registration information for the
registered Name during the registration term for the Registered Name;
Acknowledge and agree to be bound by the terms and conditions of the initial
launch and general operations of the Registry TLD, including without
limitation the Limited Industry Launch, the Sunrise Period, the Land Rush
Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation
Process, and the General Registration Period , and further to acknowledge
that Registry Operator and the Registry Service Provider has no liability of
any kind for any loss or liability resulting from the proceedings and
processes relating to the Limited Industry Launch, the Sunrise Period, the
Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name
Allocation Process, and the General Registration Period including, without
limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute
made during the limited industry launch or over a Sunrise Registration.
Acknowledge and agree that the Registry and Registry Services Provider,
acting in consent with the Registry, reserves the right to deny, cancel or
transfer any registration that it deems necessary, in its discretion (i) to
protect the integrity and stability of the registry; (ii) to comply with all
applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (iii) to
avoid any liability, civil or criminal, on the part of the Registry as well
as its affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders; (iv) for violations of the terms and conditions
herein; or (v) to correct mistakes made by the Registry or any registrar in
connection with a domain name registration, and the Registry also reserves
the right to freeze a Registered Name during resolution of a dispute.
Acknowledge and agree that they must comply with the requirements,
standards, policies, procedures and practices set forth in the dotmobi Style
Guide (www.mtld.mobi) and consent to the monitoring of the website as
described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi)
for compliance with the Style Guide. Furthermore, Registrant acknowledges
and agrees that this Style Guide is subject to modification by the Registry
with any such changes appearing at the previously designated URL, and that
Registrant must promptly comply with any such changes in the time allotted.
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed
during the Sunrise Period, the Limited Industry Launch and the Premium Name
Allocation and Auction Period, and in such an instance will constitute a
material breach to this contract. (3.9.1)
2.5.3 - Additional terms relating to .asia domain names
You acknowledge and agree that DotAsia Organisation Limited and
Registry Services Provider, acting in consent with DotAsia Organisation
Limited, reserves the right to deny, cancel or transfer any
registration that it deems necessary, in its sole discretion (i) to
protect the integrity security, and stability of the registry; (ii) to
comply with all appropriate laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution
process; (iii) to avoid any liability, civil or criminal, on the part
of DotAsia Organisation Limited as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein:
or (v) to correct mistakes made by DotAsia Organisation Limited, the
Registry Services Provider or any registrar in connection with a domain
name registration. DotAsia Organisation Limited also reserves the
right to freeze a Registered Name such as placing a domain name on
hold, lock, or other status during the resolution of a dispute.
Notwithstanding anything in this Agreement to the contrary, DotAsia
Organisation Limited, the Registry Operator of the .ASIA TLD, is and
shall be an intended third party beneficiary of this Agreement. As
such, the parties to this Agreement acknowledge and agree that the
third party beneficiary rights of DotAsia Organisation Limited have
vested and that it has relied on its third party beneficiary rights
under this Agreement in agreeing to NetNames being a registrar for
the .ASIA TLD. Additionally, the third party beneficiary rights of
DotAsia Organisation Limited shall survive any termination or
expiration of this Agreement.
Charter Eligibility Declaration Contact's Joint Responsibility
You acknowledge and agree to comply with the .ASIA Charter Eligibility
Requirement.
You acting as Registrant Contact represent and warrant that You have
made known to the Charter Eligibility Declaration Contact (the "CED
Contact"), and the CED Contact has agreed, that the Registrant Contact
and the CED Contact will jointly be defined as the Registered Name
Holder, and that it shall be jointly responsible for the Registered
Name in the event of a dispute or a challenge over Your legal
entitlement to or the ownership of the Registered Name. The CED
Contact shall be bound by the provisions in the DotAsia Organisation
Limited's .ASIA Charter Eligibility Requirement Policy published from
time to time.
You acting as Registrant Contact agree that You have obtained an
agreement from the CED Contact that the Registrant Contact shall remain
the Operating Contact for all operations of the domain, including but
not limited to domain transfer and updates.
2.6 Domain name disputes / registration errors
2.6.1 Disputes are subject to the applicable dispute resolution policy
then in force. Those policies which currently apply include (without
limitation):
Domain type Document URL
all gTLD UDRP http://www.icann.org/udrp/
.name ERDRP http://www.icann.org/udrp/#erdrp
.cn Dispute Resolution Policy http://www.cnnic.cn/html/Dir/2006/03/15/3655.htm
.us Dispute Resolution Policy http://www.neustar.us/policies/index.html&http://www.kids.us/content_policy/index.html
.pro Dispute Resolution Policy http://www.netnames.com/dnrs/client/uk/navigation/dotpro_reg.html
.eu Dispute Resolution Policy http://www.adreu.eurid.eu/
.travel Dispute Resolution Policy http://www.icann.org/udrp & http://arbiter.wipo.int/domains/gtld/travel/
.jobs Dispute Resolution Policy http://www.icann.org/udrp
.uk Dispute Resolution Policy http://www.nominet.org.uk/disputes/drs/policy/
2.6.2 Your domain names are subject to suspension, cancellation or
transfer (all without refund) in accordance with applicable policies
or procedures to correct mistakes in registrations or for the resolution
of domain name disputes.
2.6.3 You submit to the jurisdiction of the courts of your domicile
and the courts of England &Wales for the adjudication of disputes
concerning or arising from use of gTLDs (without prejudice to other
jurisdictions that may apply).
2.6.4
You agree to submit to proceedings commenced under ICANN's Uniform
Domain Name Dispute Resolution Policy ("UDRP") and to proceedings
commenced under ICANN's Charter Eligibility Dispute Resolution Policy
("CEDRP").
You agree to submit to proceedings commenced under other dispute
resolution policies as set forth by DotAsia Organisation Limited from
time to time in the Registry Policies, including but not limited to
expedited processes for suspension of a domain name by claims sought by
intellectual property right holders, Internet engineering and security
experts or other competent claimants in the purpose of upholding the
stability, security and integrity of the .ASIA Registry.
2.7 Terms applicable to .eu domain names:
2.7.1 This clause 2.7 applies specifically to .eu domain names. The other clauses in this agreement also apply to .eu domain names except to the extent that they are inconsistent with this clause. In this clause, "EURid" means the "European Registry for Internet Domains vzw/asbl" (the registry appointed to administer .eu domain names), together with any validation agent acting on its behalf and any Naming Authority that may replace it.
2.7.2 By applying to register or renew a .eu domain name you guarantee to us that you:
a) accept all applicable EURid terms and conditions; and
b) meet all applicable requirements to obtain or renew the .eu domain name including EU Regulation 733/2002 and EC Regulation 874/2004 (copies of which are available on request).
2.7.3 As rectification may not be possible it is entirely your responsibility to check that your .eu domain name application and (in the case of sunrise) any supporting evidence is correct, complete and compliant with all applicable requirements. You acknowledge that we do not provide legal or other advice. If we do provide informal assistance, you rely on it at your own risk. We have no liability of any nature if an .eu domain name application (whether sunrise or otherwise) fails because it is defective.
2.7.4 We reserve the right not to submit an .eu domain name application to EURid without refund (except in our discretion) if:
a) it does not include the essential elements specified in Article 3 of EC Regulation 874/2004;
b) you fail within any time limit reasonably set by us (or 7 days if we do not set one) to comply with any request by us to confirm acceptance of specific EURid terms and conditions (including sunrise terms and conditions) or to provide any other information which we reasonably require;
c) you fail to pay the correct fee at the time of your application or we reasonably consider that the payment is fraudulent; or
d) we reasonably consider that registration and/or use of the domain name is likely to infringe any third party rights.
2.7.5 The following apply to sunrise .eu domain name applications:
a) If we receive more than one application for the same .eu domain name, we shall forward these to EURid in the chronological order in which they were received.
b) If we receive sunrise applications in advance of the relevant phase of the sunrise period, we will submit them to EURid at or as soon as reasonably practicable after the start of the relevant phase (subject to the other provisions in this agreement).
c) It is entirely your responsibility to ensure that any requests for supporting evidence sent to you by EURid are correctly submitted to EURid on time and in accordance with the applicable requirements. You acknowledge that if the contact email address which you supply to us for transmission to EURid is incorrect, it is likely that you will not receive such requests and that your application will fail.
2.7.6 The following apply to non-sunrise .eu domain name applications received by us in advance of general .eu domain name registration:
a) We will not accept more than one application for the same .eu domain name.
b) We will submit such applications to EURid at or as soon as reasonably practicable after the start of general registration (subject to the other provisions in this agreement).
2.7.7 Our fees are not refundable notwithstanding failure of an .eu domain name application (whether sunrise or otherwise) except insofar as stated otherwise on our website.
2.7.8 Important information concerning .eu domain names will be posted on our website and it is your responsibility to check it regularly for updates.
2.7.9 We have no obligations in relation to .eu domain names except insofar as expressly stated above.
2.8 Terms applicable to other new domain types:
2.8.1 This clause 2.8 applies specifically to any new types of domain name that may become available for registration from time to time. The other clauses in this agreement also apply to these new domain name types except to the extent that they are inconsistent with this clause.
2.8.2 By applying to register or renew any new type of domain name you guarantee to us that you accept all applicable terms and conditions and eligibility requirements imposed by the domain registry or other relevant Naming Authority.
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3. ADDITIONAL TERMS APPLICABLE TO DOMAIN MANAGEMENT
SERVICES (DMS)
3.1 Introduction
3.1.1 This section 3 of the T&Cs applies to DMS comprising Name
Alert, Portfolio Manager and Brand Audit. The DMS are subject to the
version of the service specifications ("the Specification")
(http://www.netnames.com/dnrs/client/uk/navigation/dms_specification.html)
when you make your order or otherwise provided to you.
3.1.2 You should read this section in conjunction with section 1 of
the T&Cs which also applies to the DMS.
3.2 General
3.2.1 In relation to automatic propagation of and updating of (including
notification of changes to) domain information in Portfolio Manager
and to keyword searching of newly registered domain names, legal owners,
available domain names and any other keyword searching under DMS:
a) you are responsible for the accuracy of any keywords you provide
and you must check the accuracy of any confirmations or search results
and tell us immediately if any keywords are wrong;
b) keyword searching does not cover alternative roots, multi-lingual
(I-DNS) or AOL keywords;
c) the accessibility to us of gTLD and ccTLD domain name records for
search, propagation and updating purposes is limited by various factors
and searching etc is restricted to those gTLD or ccTLD domain name
records (or parts) that are actually available at the relevant time;
we do not guarantee coverage of all gTLD or ccTLD domain name records
or all parts of such records and any ambit of coverage specified in
the Specification is for guidance only; and
d) intervals at which particular searches, propagations or updates
are carried out vary depending on the type of search, propagation
or update, are in our sole discretion, may be varied us at any time
and any intervals specified in the Specification are for guidance
only.
3.2.2 In relation to Portfolio Manager:
a) we do not guarantee that Portfolio Manager will include
any of your domain names not specifically notified to us;
b) the auto-renewal function is not deemed to be an instruction to
renew a domain as the criteria stated in subclauses 2.2.12 and 2.2.13
must be fulfilled before we will renew domain names; and
c) historical Data is not stored and changes to Data are not tracked.
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4. ADDITIONAL TERMS APPLICABLE TO EMAIL ANTIVIRUS SERVICES
4.1 Introduction
4.1.1 This section 4 of the T&Cs applies to our email antivirus
Services ("Antivirus").
4.1.2 You should read this section in conjunction with section 1 of
the T&Cs which also applies to Antivirus.
4.2 General
4.2.1 Antivirus endeavours to detect and stop all viruses identified
from time to time on the website www.sophos.com when attached to incoming
or outgoing emails in non-password protected or non-encrypted format.
However, we cannot guarantee a 100% detection rate.
4.2.2 The functionality of Antivirus may vary in accordance with any
specifications on www.sophos.com
4.2.3 We do not guarantee that emails will be processed within a particular
time.
4.2.4 If a virus is detected we will notify the intended recipient
by email and quarantine the email for 7 days (or a shorter period depending
on email volumes) after which it will deleted.
4.2.5 We will forward emails only upon receipt of written authority
from the intended recipient and at its risk. This forwarding facility
is not available to non-subscribers to Antivirus or to the sender of
an infected e-mail.
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5. ADDITIONAL TERMS APPLICABLE TO WEBSITE HOSTING
SERVICES
5.1 Introduction
5.1.1 This section 5 of the T&Cs applies to website hosting on
our servers and related managed services ("Hosting").
5.1.2 You should read this section in conjunction with section 1 of
the T&Cs which also applies to Hosting.
5.2 General
5.2.1 Setting up and running DNS functions on any of NetBenefit's hosting
solutions is not supported.
5.3 Content
5.3.1 It is your responsibility to ensure that Content (meaning Data
placed on our servers by you or on your behalf or third party data facilitated
by you eg chatrooms, discussion groups, FTP sites) is "server-ready"
(including virus-free), to upload Content to our server and to check
that it functions satisfactorily. We have no responsibility to provide
support in relation to control and operation of Content although we
may assist on a goodwill basis.
5.3.2 You bear sole legal and other responsibility for all Content.
We do not, and are not obliged to, check Content. Our rights to remove
and take other steps in relation to Data are without prejudice to this
subclause 5.3.2.
5.4 Additional customer obligations and representations
5.4.1 You must observe our limitations on data transfer and, if such
limits are exceeded, pay the appropriate excess charge at our then current
rates.
5.4.2 You must not embark on any course of action, whether by use of
your web site or any other means, which may cause a disproportionate
level of website activity without providing us at least seven day's
prior notice in writing. If you give notice or we otherwise become aware
of such disproportionate use we may:
a) move your website to a dedicated server and charge our then current
rate; or
b) terminate some or all of the Services forthwith.
5.4.3 In relation to Services that include security patching, you acknowledge
that it may be necessary to implement such patches before we have had
a chance to give you notice and this might affect the functionality
of your website.
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6. ADDITIONAL TERMS APPLICABLE TO TRADEMARK SEARCHING SERVICE
6.1 Introduction
6.1.1 This section 6 of the T&Cs applies to our trademark searching service (TSS).
6.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to TSS.
6.2 General
6.2.1 By using TSS you agree to be bound by these T&Cs. If you do not agree to them, you must not use TSS and must exit immediately.
6.2.2 The TSS facility offers potential domain registration customers a limited indication as to whether a word or words identical to your search term may already exist within selected trademark databases. TSS is not a
comprehensive trademark search service and is not intended to constitute advice or ascertain definitively whether there are trademarks which may
conflict with your search terms(s). Trademark searching is a highly specialised area and we recommend that you consult a suitably qualified trademark attorney.
6.2.2 We do not give any guarantees in relation to the TSS results - see section 1.4 (Ambit of Services).
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