This agreement is made between Host Solutions, Parkside House, East Parade, Harrogate, North Yorkshire, HG1 5LF, United Kingdom (including all or any of its subsidiaries, agents, successors and assigns), and you the customer (“Customer” which expression shall include its permitted successors and assigns).
Domain Registrant Agreement
This domain name registration agreement (“Registration Agreement”) is submitted by the Registrant to Host Solutions to register a domain name on the Internet. If this Registration Agreement is accepted by Host Solutions, then the Registrant agrees to be bound by the terms and conditions of this Agreement.
1.1 Updated terms and conditions can be viewed here
- Licensing of Domain Name
The Domain Name Registrant remains responsible for this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
3.1 Registration fees are payable at time of order, either by Bank Transfer, Credit/Debit Card or PayPal. Host Solutions does not accept cheques as form of 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 Host Solutions.
- Licensing Domain Name(s)
The registrant is the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
- Application Information
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 Host Solutions.
- Domain Name Registration
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 Host Solutions 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.
The registrant agrees, as a condition of submitting this Agreement, and if this Agreement is accepted by Host Solutions, 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.
- Information Records and Processing
The Registrant acknowledges information obtained from Registrant will be:
8.1 Communicated to Host Solutions 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
8.3 May be used by Host Solutions for inclusion in registers and data bases produced by Host Solutions.
8.4 This agreement gives the Agent of the Registrant, (Host Solutions) 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 Host Solutions 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 Host Solutions, 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 Host Solutions will process information in a manner compatible with the purposes and limitations as described in clause 6.
8.8 Host Solutions will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction
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 Host Solutions 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 Host Solutions that it has not breached its obligations, then Host Solutions 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 Host Solutions did not act earlier in response to that, or any other, breach by the Registrant. Notice will be given by post or electronic means.
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.
- Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Host Solutions 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 Host Solutionss 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 Host Solutions under this Agreement for any matter exceed, in the sole option of Host Solutions, the re-supply of the services again or the fee paid to Host Solutions for the provision of the services.
- Agents for the Registrant
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.
- Legal rights to Domain Name(s)
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.
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.
The Registrant agrees that Host Solutions 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 Host Solutions would likely consider material to its decision to approve this Registration Agreement.
- Right of Refusal
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. Host Solutions 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 Host Solutions to accept this Registration Agreement. Registrant further agrees that Host Solutions is not liable for loss or damage that may result from Host Solutionss refusal to accept this Registration Agreement.
- Transfer, Suspension, Cancellation
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.
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.
The Registrant agrees that this Registration Agreement and the Dispute Policy is the complete and exclusive agreement between the Registrant and Host Solutions 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.
- Changing Registrar
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 Host Solutions.
20.2 Host Solutions makes no charge to transfer a domain name to a new agent. The gaining agent may however, levy a charge to accept the domain.
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.
- International Law
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.
22.1 Nothing in this Agreement may be construed as creating the relationship of a partnership or joint venture between the parties.
22.2 Failure by Host Solutions 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.
Terms & Conditions for the Registration of UK Domain Names
The contract between the Applicant and NOMINET UK contains the following terms and conditions :
- NOMINET UK’s Rules For The .uk Domain And Sub-Domains (which can be accessed on the World Wide Web through https://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 https://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.
- If the Applicant uses an agent for payment of fees, NOMINET UK will first seek payment from the agent; but if the agent does not pay the fees for whatever reason, NOMINET UK will have the right to recover the fees from the Applicant.
- 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.
- 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.
- 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.
- 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.
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.
- The restrictions and indemnities in clause 7 above are considered to be reasonable in the context of NOMINET UK’s status as a not-for-profit company limited by guarantee which is performing a service on a cost-recovery basis.
- 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.
- 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.
- 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.
- 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.
- 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.
- The contract shall be governed by English law, and the Applicant and NOMINET UK submit to the exclusive jurisdiction of the English Courts.