Premierhost Terms and Conditions

THE CUSTOMER IS WARNED THAT IF THEY BREACH THESE TERMS AND CONDITIONS, THEIR WEB PAGES MAY BE IMMEDIATELY WITHDRAWN

1.Introduction
1.1.The Premierhost service is a web space and internet domain service provided by UniTechnology Ltd, a company registered in England, number 05407549 ("UniTech").
1.2.Use of any of the UniTech computer network by the Customer during the receipt of these services is at all times subject to the terms and conditions of this Agreement.
1.3.This Agreement constitutes the entire agreement between the Customer as an authorised user and UniTech and by using Premierhost's services, the Customer confirms their acceptance of, and agrees to be bound by, this Agreement.
2.Agreement to terms and conditions
2.1.This Agreement takes effect on the date on which the Customer first uses or tests Premierhost or when the Customer pays for its services, whichever is the earliest.
2.2.From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.
2.3.We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the system. The Customer agrees that the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.
2.4.The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.
3.Information provided by the customer
3.1.The Customer warrants that the name, address and payment information that the Customer provides when the Customer joins Premierhost is correct and the Customer agrees to notify Premierhost of any changes in name, address and/or payment details.
3.2.The Customer agrees that Premierhost may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.
3.3.The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Premierhost's services in accordance with this Agreement.
3.4.The Customer agrees to be responsible for the use of Premierhost and to comply with their responsibilities and obligations as stated in this Agreement.
4.Usage
4.1.Premierhost will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by Premierhost upon complaint about their content where Premierhost at their sole discretion deem this necessary.
4.2.The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.
4.3.The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc.).
4.4.The Customer agrees to keep secure their Premierhost identification, password and other confidential information relating to their account.
4.5.Premierhost cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform Premierhost and steps will be taken both to try and prevent it and to notify the proper authorities.
4.6.The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform Premierhost immediately if someone steals their password or if they find someone else is using their ID. The Premierhost network will not accept the use of any ID more than once so unauthorised infiltration should never happen unless someone has got access to the Customer's ID and password. We will change the Customer's password in the event of this situation arising. The Customer agrees to co-operate with Premierhost and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.
4.7.The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use Premierhost to do any of the following:
- Publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
- Threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Engage in illegal or unlawful activities;
- Make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
- Make available / upload files that contain a computer virus or corrupted data;
- Falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
- Act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages;
- To send spam or unsolicited bulk emailing.
4.8.If the Customer posts a defamatory / libellous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for Premierhost's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify Premierhost for any damages which are awarded against Premierhost by a court of law or which Premierhost pays as a result of settling such an action upon Counsel's advice.
4.9.The Premierhost network may only be used for lawful purposes by the Customer. The Customer acknowledges that Premierhost is unable to exercise control over the content of the information passing over the Premierhost connection, and Premierhost shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. The Customer is responsible for creating, maintaining and designing its own pages. Premierhost cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time at its sole discretion.
5.Termination
5.1.Premierhost may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.
5.2.Where Premierhost terminates the Customer's subscription with cause, or the Customer terminates their subscription, Refunds will be given at the discretion of the Company Management of any unused part of their subscription.
5.3.Premierhost expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or should Premierhost deem such action necessary to protect Premierhost and in such circumstances Premierhost will confirm such termination or suspension by subsequent notice.
5.4.The Customer will not be entitled to any compensation whatsoever in the circumstances of termination and Premierhost will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, Premierhost may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.
6.Use of material for advertising
6.1.Premierhost will not distribute web pages outside Premierhost without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to Premierhost may be used in such manner and for such purposes.
7.Charges
7.1.The Customer agrees to pay all charges for their use of Premierhost at the prices in effect at the beginning of their subscription period or the anniversary thereof.
7.2.Premierhost reserves the right to change prices or institute new charges for use of Premierhost at any time. All changes will be posted on the Premierhost web site.
7.3.Payment for use of the service is required in advance of the service. If this payment is not made the customer will not be able to use their account and any existing service they have with Premierhost shall be terminated with no further notice.
8.Refunds
8.1.Refunds will be given solely at the discretion of the Company Management.
9.Advertising on Premierhost
9.1.If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
10.Exclusion of warranties and limitation of liability
10.1.Premierhost and all Premierhost services are provided "as is," and Premierhost make no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.
10.2.Premierhost will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Premierhost make no representations or warranties regarding the services provided by them and do not warrant that use of Premierhost will be uninterrupted or error-free, or that Premierhost services will meet any particular criteria of performance or quality.
10.3.Premierhost will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however Premierhost accept no responsibility for any loss or damage to data or the loss thereof.
10.4.Premierhost expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
10.5.The Customer's use of the Premierhost services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.
10.6.Notwithstanding contrary clauses in this Agreement, in the event that Premierhost are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Premierhost' liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases Premierhost from any and all obligations, liabilities and claims in excess of this limitation.
11.Responsibility
11.1.Premierhost does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that Premierhost will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Premierhost have been advised of this possibility and the Customer hereby waives any claims with respect thereto, whether based on contractual, tort or other grounds and the Customer agrees to indemnify Premierhost and hold Premierhost harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay Premierhost where claims are made against us or our system by other callers or third parties.
11.2.The Customer agrees to indemnify Premierhost from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
11.3.Premierhost will notify the Customer promptly of any claim for which Premierhost seeks indemnification at the currently supplied address. Premierhost will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to Premierhost' interests, as reasonably determined by Premierhost and / or their lawyers.
12.Notices and consents
12.1.Notices given by Premierhost to the Customer will be given by electronic-mail or by a general posting on Premierhost web site, or by conventional mail.
12.2.In any matter requiring Premierhost' prior consent, such consent must be given in writing by an authorised representative of Premierhost. Notices given by the Customer to Premierhost may be given by email, fax or mail and will be confirmed via conventional mail.
12.3.Notices to Premierhost may be sent by the Customer to Premierhost by conventional mail and must be confirmed via conventional mail.
13.General terms and law
13.1.Premierhost reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back ups work - the Customer's data security is their own responsibility.
13.2.If Premierhost suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which out lawyers advise us to do in the protection of the system.
13.3.This Agreement is governed by the laws of the United Kingdom, and the Customer consents to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to the Customer's use of the Premierhost subscription.
13.4.The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and Premierhost as a result of their use of Premierhost. The Customer agrees not to hold themselves out as a representative, agent or employee of Premierhost. The Customer agrees that Premierhost will not be liable by reason of any representation, act or omission to act by the Customer.
13.5.Premierhost' performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Premierhost' right to comply with law enforcement requests or requirements relating to a Customer's use of Premierhost or information provided to or gathered by Premierhost with respect to such use.
14.Severability
14.1.If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
15.Entire agreement
15.1.This Agreement constitutes the entire agreement between Premierhost and the Customer with respect to the Customer's use of Premierhost and the Premierhost subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Premierhost and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.

Nominet UK Terms and Conditions

WARNING: by registering a domain name within the .uk Top Level Domain (a "Domain Name"), you enter into a contract of registration with Nominet UK ("We", "Our" or "Us") on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

By registering a Domain Name, you agree to the publication of your name and address as part of the public WHOIS database service. If you are a Consumer, and you do not wish your address to be published, please click here for more information on the Consumer opt out.

Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.

This Contract includes our current Rules For The .uk Domain And Sub-Domains ("Rules") and the Policy and Procedure for our Domain Name Dispute Resolution Service ("Policy" and "Procedure" as appropriate). Copies of the Policy, Procedure and Rules are here or can be obtained from us.

You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term "Agent" means such a third party.

  1. What we will do

    We will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules;

    1.1. If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received;

    1.2. Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.

    1.3. After your application has been accepted, we will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the "Register").

    1.4. We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.

    1.5. After your application has been accepted and we have received your registration fee, we will issue you with a registration certificate and a reply form.

    1.6. Subject to clause 8 below, we will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.

    1.7. Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name and details have been entered in the Register.

    1.8. Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent.

    1.9. Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the "registrant" field of the Register if we receive authorisation directly from you.

  2. What you must do

    2.1. You must ensure that we receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.

    2.2. You must sign and return to us the reply form which we will send to you after registration or renewal as appropriate.

    2.3. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.

    2.4. You must promptly inform us of any court proceedings brought in respect of the Domain Name.

    2.5. Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.

  3. Renewal of your Domain Name Registration

    3.1. The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.

    3.2. Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent's address appearing in the Register) to request payment of the relevant renewal fee.

    3.3. If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, we will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register.

    3.4. If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.

  4. Exclusions and Limitations of Liability

    4.1. Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you have any rights in the name comprised in the Domain Name, and we are not authorising you to use the Domain Name in the course of trade.

    4.2. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

    4.3. We shall not be liable to you whether in contract, tort (including negligence) or otherwise for:

    4.3.1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);

    4.3.2. loss of business or contracts;

    4.3.3. loss of anticipated savings or goodwill; or

    4.3.4. any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to:

    4.3.5. any error or omission in entries to the Register; and

    4.3.6. loss of registration and/or use (for whatever reason and whether temporary or otherwise) of the Domain Name.

    4.4. All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent permissible by law.

    4.5. Our aggregate liability to you whether under these terms and conditions or otherwise (including liability for negligence) shall not exceed £ 5,000.

    4.6. If you are a consumer (ie you are not registering or intending to use the Domain Name in the course of a business, trade or profession) (a "Consumer"), the provisions of clauses 4.3, 4.4 and 4.5 above will not apply to you.

    4.7. Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

  5. Warranties

    By entering into this agreement you consent to and warrant the following:

    5.1. That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register in accordance with clause 6;

    5.2. That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty; and

    5.3. That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.

  6. Personal Data

    6.1. The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation.

    Personal data submitted by you will be:

    1. Posted onto the Register;
       
    2. Unless you are a Consumer and have selected the Consumer opt out provision , posted onto the WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. We will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; 
    3. Used as part of the Public Register Subscription Service ("PRSS"), or any other service(s) amending or replacing it. Under the PRSS we provide a compressed form of the Register to subscribers. We provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. Any service(s) which may replace the PRSS will be provided on similar terms. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but not your telephone or fax number or email address as part of the PRSS and/or as part of any other service(s) amending or replacing it. If you are a Consumer you may select the Consumer opt out provision in respect of the PRSS, or any other service(s) amending or replacing it;
    4. We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation. We may provide your name and address to third parties with a legitimate reason for requesting the information upon their written request;
    5. Otherwise, we will provide your personal data to third parties only if required to do so by a court order.

    You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others. Please note that if at any point we discover that you are no longer a Consumer, we will automatically post your personal data onto the WHOIS and the PRSS and/or onto any other service(s) amending or replacing the PRSS in accordance with clause 6.1(b) and (c) above without further notice to you.

    You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above.

  7. Domain Name Dispute Resolution Service

    7.1. You will be bound by the Policy and Procedure of our Dispute Resolution Service which are incorporated into these terms and conditions and made a part of the Contract by reference. The current version of the Policy and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html

    7.2. If a dispute arises, you agree to be bound by the Policy and Procedure which are current at the time that proceedings under the Dispute Resolution Service are commenced until the dispute is over.

    7.3. Neither we nor our directors, officers, employees or servants nor any expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.

  8. Termination/Cancellation, Suspension and Amendment of the Register

    8.1. You or your Agent may surrender registration of the Domain Name by notice in writing to us at any time prior to our receiving payment.

    8.2. After we have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.

    8.3. After payment has been received but prior to the issue of a registration certificate you may surrender the registration by writing to us on headed notepaper which corresponds to the registrant address field of the Register entry for the Domain Name.

    8.4. If a registration certificate has been issued, you may surrender the Domain Name by correctly completing the surrender of registration form (on the reverse of the registration certificate).

    8.5. If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the means set out in clause 10.4 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which we give notice to you or your Agent that we have accepted your application to register a Domain Name. If you register or use the Domain Name in the course of a business, trade or profession, you will not have this right to cancel the Contract.

    8.6. If you cancel the Contract in accordance with clause 8.5 then we will provide you or your Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on which we receive notice of your cancellation. If we refund your Agent, you may have to seek direct from your Agent any further component of the fees which you have paid.

    8.7. We may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:

    8.7.1. if we do not receive your registration or renewal fees in accordance with clause 2.1 above; or

    8.7.2. if you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so; or

    8.7.3. if we receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;

    8.7.4. if you are in breach of the warranties contained in clauses 5.1 and 5.3 of the Contract; or

    8.7.5. if the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.

    8.8. We may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:

    8.8.1. upon receiving written instructions from you to take such action together with any relevant fee; or

    8.8.2. upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements; or

    8.8.3. if such changes are necessary in order to correct an error relating to the Domain Name registration; or

    8.8.4. following a Decision requiring such action or an agreement reached between the parties and approved by us relating to proceedings under the Dispute Resolution Service; or

    8.8.5. should you at any time withdraw your consent to having your personal data displayed on the WHOIS and/or the PRSS and/or any other service(s) amending or replacing the PRSS as set out in Clause 6.1 above; or

    8.8.6. if you are a Consumer, should you withdraw from the Consumer opt out and refuse to allow Nominet to provide your personal data on the WHOIS and/or the PRSS and/or any other service(s) amending or replacing the PRSS in accordance with Clause 6.1 above.

    8.9. If a name server listed for the Domain Name registration does not respond authoritatively to requests for the Domain Name, we may remove the name server from the Register entry for the Domain Name.

  9. Change of Agent

    9.1. If you wish to change your Agent, you should first approach your current Agent to arrange this. If your approach is unsuccessful, we will at your request and on payment of the required fee record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, we will notify your Agent. You will remain liable for any charges you have incurred under the terms of the contract with your Agent, which may include a fee payable upon change of Agent.

  10. General

    10.1. If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.

    10.2. We may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.

    10.3. The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons we reserve the right to make reasonable modifications to the terms and conditions of this Contract (including the Policy, Procedure and Rules) at any time during the term. We will only do so when we have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the Domain Name. Except where we are acting in pursuance of a statutory requirement or a court order, changes will be implemented across the board in all of our Domain Name contracts following a process of open public consultation. Each such change will be published in advance (where practicable, 30 days in advance) on our web site: http://www.nominet.org.uk/ and will become binding and effective upon the date specified therein. You should review our web site regularly in order to be aware of all such changes. If you do not agree with any change or proposed change to these terms and conditions you are entitled to terminate the Contract by providing us with thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your registration fee in respect of any unexpired portion of the term.

    10.4. If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in the Policy and Procedure 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 email, to the party to whom it is given at its last known postal or email address or fax number. Except as otherwise set out in the Policy and Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent to you will be deemed served if sent to the address appearing in your Registrant's address field.

    10.5. This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions, together with the Rules Policy and Procedure, constitute the entire agreement between you and us for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.

    10.6. These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.