Domain
Registration Terms and Conditions
This
Service Agreement (Agreement) sets forth the
terms and conditions of our agreement
relating to your use of the domain name
registration services provided by WorldWide
Plus (domainsplus.co.uk) to register an
Internet domain name, as well as the
registration of the domain name.
To
complete the registration process, you must
acknowledge that you have read, understood,
and agree to be bound by all the terms and
conditions of this Agreement, any rules or
policies that are or may be published by
WorldWide Plus from time to time, and the
rules and regulations set forth by the
registry administrators for the respective
registries. This Agreement will become
effective upon acceptance by WorldWide Plus.
WorldWide
Plus may at its sole discretion, elect to
accept or reject any application for
registration of domain name for any reason,
including but not limited to, rejection due
to a request for registration of a
prohibited domain name.
1)
Who We Are and What We Do
WorldWide
Plus has been granted the right to provide
Internet domain registration services for
second-level domain names within the .co.uk,
.org.uk, .ltd.uk, .plc.uk.com, .com, .org, .net,
.info and .biz top-level domains.
ICANN
oversees the .com, .net and .org top-level
domains. Nominet UK oversees the .co.uk, .org.uk,
.me.uk, .ltd.uk and .plc.uk top-level domains.
Upon
WorldWide Plus' receipt of domain name
registration information from you, WorldWide
Plus shall submit the information to the
registry administrator for the appropriate
top-level domain for approval and
processing. The registry administrator then
puts into effect the domain name
registration. Tucows.com, Inc. acts as a
registrar for the .com, .net and .org
top-level domains. Nominet UK acts as the
registry administrator for the .co.uk, .org.uk,
.me.uk, .ltd.uk and .plc.uk top-level domains.
2)
Fees
As
consideration for WorldWide Plus providing
domain name registration services to you,
you agree to pay WorldWide Plus, prior to
the approval of the desired domain name
registration, the amounts set forth in the
WorldWide Plus Prices, as amended from time
to time, for the initial registration of the
domain name and any subsequent renewals.
Your
application will not be registered until
WorldWide Plus receives actual payment of
the registration fee. If WorldWide
Plus does register a domain name prior to
payment of the registration fee, WorldWide
Plus reserves the right to cancel that
registration or restrict use of the domain
name until payment has been received.
All
fees must be prepaid and are non-refundable,
in whole or in part, even if the domain name
registration is suspended, cancelled or
transferred prior to the end of the
registration term.
In
the event of a charge-back by a credit card
company or other payment provider used by
WorldWide Plus, the domain name registration
shall be transferred to WorldWide Plus as
the paying entity for the registration.
WorldWide Plus may reinstate your domain
name registration at its sole discretion
upon its receipt of the registration or
renewal fee and its then current
reinstatement fee. The reinstatement fee is
currently UK £25.00.
Payment
must be made by credit card or other methods
we indicate in registration application or
renewal form. We will renew your name for
you provided your credit card or other
billing information is available and up to
date. If your billing information is not
accurate and you wish to renew your domain
name registration, we will contact you to
update this information and charge
accordingly.
3)
Dispute Policies & Registration
Agreements
You
agree to be bound to the Nominet UK Terms
& Conditions (for .uk domains); to be
bound to the Tucows.com Inc. "Exhibit
A" of The OpenSRS RSP Agreement (for
.com, .net, and .org domains); to be bound
to the CentralNic Terms and Conditions of
Registration (for .uk.com, .uk.net, .gb.com,
.gb.net, .eu.com, .us.com domains); to be
bound to the .tv Registration Agreement (for
.tv domains) and if ever a dispute should
arise you agree for the disputing parties to
follow the code and practices of Nominet UK
Dispute Resolution (for .uk domains), the
ICANN Uniform Domain-Name Dispute-Resolution
Policy (for .com, .net and .org domains),
the CentalNic Terms and Conditions of
Registration (for .uk.com, .uk.net, .gb.com,
.gb.net, .eu.com, .us.com domains), the .tv
Registration Agreement (for .tv domains) or
the .name Registration Agreement.
The Nominet UK Terms & Conditions are
available for viewing at:
http://www.nic.uk/terms.html
The
Tucows.com Inc. "Exhibit A" of The
OpenSRS RSP Agreement is available for
viewing at:
http://domainsplus.co.uk/exhibita.html
The
ICANN Uniform Domain-Name Dispute-Resolution
Policy is available for viewing at:
http://www.icann.org/udrp/udrp.htm
The
CentalNic Terms and Conditions of
Registration is available at:
http://domainsplus.co.uk/centralnic-terms.html
You
also agree that in the event a domain name
dispute arises with any third party, you
shall indemnify and hold WorldWide Plus
harmless pursuant to the terms and
conditions contained in the Dispute
Policies.
4)
Changes to Registration Agreement
You
acknowledge and recognize that the domain
name system and the practice of registering
and administering domain names are
continuously evolving, and acknowledge and
agree that WorldWide Plus may modify this
Agreement as necessary from time to time to
comply with any agreements by which
WorldWide Plus is or will be bound, and to
adjust to changing business circumstances.
Your
continued use of the registered domain name
constitutes acceptance of this Agreement and
amendments. If at any time, you do not agree
to such changes, you agree that your sole
remedy is to request that your domain name
registration be cancelled or transferred to
a different domain name registrar.
5)
Contact with WorldWide Plus
You
acknowledge and recognize that all contact
with WorldWide Plus should be made via
any of the contact methods provided on our
website contact page.
You
agree that WorldWide Plus is not obliged to
offer telephone support as part of your
agreement.
6)
Domain Name Registration Information and its
Use
Information
You are Required to Submit
As
part of the registration process, you are
required to submit to WorldWide Plus and
keep updated the following information in
connection with your application for domain
name registration:
(a)
the domain name to be registered;
(b) the domain name holder's name and
mailing address;
(c) the name, mailing address, email
address, telephone number, and fax number
(if available) of
the administrative contact for the domain
name.
You
shall provide and maintain updated
information at all times with WorldWide
Plus. WorldWide Plus at its option may
refuse to renew any registrations unless you
maintain current and updated information at
all times.
WorldWide
Plus may from time to time request
additional information from you. While not
obligated to provide the additional
information, you should provide the
additional requested information to ensure
that you will obtain all the products and
services which WorldWide Plus makes
available to domain name registrants.
Additional
Information Maintained About Your
Registration
In
Addition to the information you provide, we
maintain additional information relating to
your domain name registration, including:
(a)
the original creation date of the
registration;
(b) the date and time the registration
application was submitted to us and the
appropriate registry;
(c) communications constituting registration
orders, modifications, or terminations and
related correspondence;
(d) records of account for your domain name
registration, including dates and amounts of
all payments and refunds;
(e) the IP names and address of the primary
name servers and any secondary name servers;
(f) the name, mailing address, email
address, telephone number, and fax number of
the technical contact for the domain name;
(g) the name, mailing address, email
address, telephone number, and fax number of
the zone contact for the domain name;
(h) the expiration date of the registration;
and (i) other information regarding all
other activity regarding your domain name
registration and related services.
Obligations
Relating to Data Provided by You
If
in registering a domain name you provide
information about a third party, you hereby
represent that you have provided notice to
and have obtained the express consent from
the third party to the disclosure and use of
the third party's information as set forth
in this Agreement.
Disclosure
and Use of Registration Information
You
agree to authorize WorldWide Plus to provide
any information to the registry
administrators and to other third parties
and applicable laws may require or permit.
You acknowledge and agree WorldWide Plus may
make publicly available, some or all of the
domain registration information provided by
you, for purposes of inspection such as
through WorldWide Plus' WHOIS service, or
for any other purpose as required or
permitted by the registrars and applicable
laws.
In
addition, you acknowledge that the
registrars may establish guidelines, limits
and requirements that relate to the amount
and type of information that WorldWide Plus
may or must make available to the public or
to private entities, and the manner in which
such information is made available.
You
hereby consent to any and all such
disclosures and use of, and guidelines,
limits and restrictions on disclosure or use
of information and updated from time to time
provide in connection with registration of a
domain name, whether during or after term of
the registration of the domain name. You
hereby irrevocably waive any and claims and
causes of action you may have arising from
such disclosure or use of the domain name
registration information.
You
may access your domain name registration
information in WorldWide Plus' possession to
review, modify or update such information,
by contacting us directly or via any
web-based management service provided by us.
We
will not process any data about any
identification natural person that we obtain
from you in a way incompatible with the
purpose and limitations described in this
Agreement. We will take reasonable
precautions to protect the information we
obtain from you from our loss, misuse,
unauthorized access or disclosure,
alteration or destruction of that
information.
7)
Ownership of Data
You
agree and acknowledge that WorldWide Plus
owns the following:
(a)
all database, compilation, collective and
similar right, title and interests worldwide
in the domain name database;
(b) all information and derivative works
generated from the domain name database; and
(c) information for the registrations for
which WorldWide Plus acts as the registrar
including:
(i)
the original creation date of the
registration;
(ii) the expiration date of the
registration;
(iii) the name, mailing address, email
address, telephone number, and fax number of
the technical contact, administrative
contact, zone contact, and billing contact
for the domain name;
(iv) remarks concerning the registered
domain name that appear or should appear in
the WHOIS or similar database; and
(v) other information generated or obtained
in connection with the provision of domain
name registration services, other the domain
name being registered, and the IP names and
addresses of the primary nameserver and any
secondary nameservers.
WorldWide
Plus does not have any ownership interest in
your specific personal registration
information outside of your right in our
domain name database.
8)
Agents and Licenses
You
agree that in the event you register a
domain name for another entity, you
represent that you have the authority to
bind that entity as a principal to all terms
and conditions contained in this Agreement.
You
acknowledge and agree that if you license
the use of your registered domain name to a
third party, you remain the domain name
holder of record and remain responsible for
all obligations under this Agreement,
including payment obligations, and providing
and updating your full contact information,
and accurate technical, administrative,
billing, and zone contact information
adequate to facilitate timely Resolution of
any problems that arise in connection with
domain name and domain registration.
9)
Limitation of Liability
You
agree that WorldWide Plus shall, under no
circumstances, be liable for any special,
indirect, incidental, punitive, exemplary,
or consequential damages resulting from loss
of profits, arising out of or in connection
with this Agreement, even if WorldWide Plus
has been advised of the possibility of such
damages, and in particular WorldWide Plus
will not be liable for the following:
(a)
suspension or loss of your domain
registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any
web sites accessed by your registered domain
name;
(e) non-delivery, mis-delivery, corruption,
destruction, or modification of data;
(f) events beyond the reasonable control of
WorldWide Plus;
(g) processing of an application for domain
name registration; or
(h) application of the Dispute Policies.
WorldWide
Plus shall not, under any circumstances, be
liable or responsible for any errors,
omissions or other actions by the registry
administrator arising out of or related to
your application, receipt of, or failure to
receive a domain name registration.
WorldWide
Plus' maximum aggregate liability shall not
exceed the greater of:
10)
Indemnification of WorldWide Plus
You
agree to defend, indemnify and hold harmless
WorldWide Plus and the registry
administrator, including our and its
employees, directors, officers,
representatives, agents and affiliates, from
and against any claim, action, suit, demand,
loss, damages, costs (including reasonable
legal fees, expert witness fees and
expenses), or other proceeding related to or
arising out of the registration or use of
the domain name. This indemnification is in
addition to any indemnification required
under the Dispute Policies.
11)
Representations and Warranties
You
represent and warrant that:
(a)
all information provided in connection with
your domain name registration is accurate;
and
(b) neither the registration of the domain
name nor the manner in which it is directly
or indirectly used infringes the legal
rights of a third party.
You
acknowledge and agree that all domain name
registration services provided to you by
WorldWide Plus are provided on an "as
is" basis. WorldWide Plus makes no
representations or warranties of any kind,
express or implied, in connection with this
Agreement or its domain name registrations
services, including but not limited to
warranties of merchantability or fitness for
a particular purpose. WorldWide Plus makes
no representation or warranties of any kind
that registrations or use of domain name
under this Agreement will immunize you from
challenges to the domain name registration
or from suspension, cancellation, or
transfer of the domain name to you.
12)
Breach and Revocation
WorldWide
Plus reserves the right to suspend, cancel,
transfer or modify your domain name
registration in the event that:
(a)
you materially breach this Agreement;
(b) you use your registered domain name to
send unsolicited commercial advertisements
in contravention of applicable laws or
customary acceptable usage policies of the
Internet;
(c) you use your domain name in connection
with unlawful activity; or
(d) grounds arise for such suspension,
cancellation, transfer or other modification
as provided in this Agreement.
You
further acknowledge and agree that your
domain name registration is subject to
suspension, cancellation or transfer by any
ICANN procedure, by any registrar (including
WorldWide Plus) or registry administrator
procedures approved by an ICANN-adopted
policy, or by any other country code
top-level domain registry administering
procedures to correct mistakes by WorldWide
Plus, another registrar or the registry
administrator in administering the name or
for the resolution of disputes concerning
the domain name.
You
also agree that WorldWide Plus shall have
the right in its sole discretion to suspend,
cancel, transfer or otherwise modify a
domain name registration upon seven (7)
calendar days prior written notice, or at
such time as WorldWide Plus receives a
properly authenticated order from a court of
competent jurisdiction, or arbitration
award, requiring the suspension,
cancellation transfer or modification of the
domain name registration.
You
acknowledge and agree that:
(a)
providing inaccurate information;
(b) failing to update information promptly;
or
(c) failing to respond to WorldWide Plus'
inquiries concerning the accuracy of contact
details within fifteen (15) calendar days of
request;
shall
constitute a material breach of this
Agreement and will be sufficient basis for
cancellation of your domain name
registration.
13)
Other Terms and Conditions
Force
Majeure:
WorldWide
Plus shall not be responsible for any
failure to provide any service or perform
any obligation because of any act of God,
strike, work stoppage, governmental acts or
directives, war, riot or civil commotion,
equipment or facilities shortages which are
being experienced by providers of
telecommunication services generally, or
other similar force beyond its reasonable
control.
Non-Waiver:
The failure of WorldWide Plus to require
your performance provision shall not affect
the full right to require such performance
at any time thereafter; nor shall the waiver
by WorldWide Plus of a breach of any
provision hereof be taken or held to be a
waiver of the provision itself.
Survival:
The
provisions, terms, conditions
representations, warranties, covenants, and
obligations contained in or imposed by this
Agreement which by their performance after
the termination of this Agreement, shall be
and remain enforceable not with standing
termination of the Agreement for any reason.
However, neither party shall be liable to
other for damages of any sort resulting
solely from terminating this Agreement in
accordance with its terms but each party
shall be liable for any damage from any
breach by it of this Agreement.
Notice:
You agree that any notice or communications
required or permitted to be delivered under
this Agreement by WorldWide Plus to you
shall be deemed to have been given if
delivered by e-mail, overnight mail or
United States mail in accordance with the
contact information you have provided.
Governing
Law:
Except as otherwise set forth in the Dispute
Policies with respect to disputes, this
Agreement, your rights and obligations and
all contemplated by this Agreement shall be
governed by the laws of the United Kingdom.
Legal
Fees:
If any legal action or proceeding, including
arbitration, relating to the performance or
the enforcement of any provision of this
Agreement is brought by any party to this
Agreement, the prevailing party shall be
entitled to recover reasonable legal fees,
expert witness fees, costs and
disbursements, in addition to any other
relief to which the prevailing party may be
entitled.
Assignment:
You shall not assign, sub-license or
transfer your rights or obligations under
this Agreement to any third party without
the prior written consent of WorldWide Plus.
However, in the event that WorldWide
Plus consents to such an assignment,
sub-license or transfer, then this Agreement
shall ensure to the benefit of and be
binding upon the parties and their
respective successors and permitted assigns.
14)
General
Entire
Agreement:
This
Agreement constitutes the entire Agreement
between the parties and agreements are
representations or warranties, express or
implied, statutory or otherwise and no
agreements collateral here to than as
expressly set or referred to here in. This
Agreement supersedes any prior agreements,
representations, statements, negotiations,
understandings, proposals or undertakings,
oral or written, with respect to the subject
matter expressly set forth here in.
Amendment
in Writing:
This Agreement may not be amended or
modified by you except by means of a written
document signed by both you and an
authorized representative of WorldWide Plus.
Further
Assurances:
The parties shall execute such further and
other documents and instruments and take
such further and other actions as may be
necessary to carry out and give full effect
to the transactions contemplated by this
Agreement.
Relationship
of the Parties:
Nothing in this Agreement shall be construed
as creating an agency relationship,
partnership or joint venture between the
parties.
Joint
and Several Obligations:
If any party consists of more than one
entity, their obligations here under are
joint and several.
No
Third Party Beneficiaries:
This Agreement does not provide and shall
not be constructed to provide any third
parties, with any remedy, claim, cause of
action or privilege.
Severability:
In the event that any provision of this
Agreement shall be unenforceable or invalid
under any applicable law or be so held by
applicable court decision, such
unenforceability or invalidity shall not
render this Agreement unenforceable or
invalid as a whole. WorldWide Plus will
amend or replace such provision with one
that is valid and enforceable and which
achieves, to the extent possible, the
original objectives and intent of WorldWide
Plus as reflected in the original provision.
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