Nominet Terms and Conditions
for .uk domains names
Warning:
By registering a domain name ending in .uk (with some very limited
exceptions), you enter into a contract of registration with Nominet
UK on the following conditions, which includes conditions limiting
our liability and relating to our use of your personal information.
This contract is just for the domain name and separate to any arrangement
you may have with any other organisation for providing internet services.
For
an explanation of the meaning of the endings of .uk names, see the
rules on the website at www.nominet.org.uk
Nominet is a not-for-profit company limited by guarantee, generally
performing these services on a cost-recovery basis, and we cannot investigate
what rights you have to register or use the domain name. So, we think
it is reasonable for us 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 the DRS policy, the DRS procedure and the rules.
You can get copies of these from our website or from us. Other policies
we refer to do not form part of this contract and may change at any
time.
Definitions
1 The following
words marked in bold will have
specific meanings in this contract.
‘agent' – Someone who may act on your behalf to deal with us, which
will be shown in the WHOIS. Only certain people qualify, and they are known as ‘tag-holders’.
See our website for a list.
‘cancel’ – Cancelling this contract and your domain name are
the same thing. The contract ends. The domain name will be deleted, will no longer
work as part of a website or e-mail, and will be released to be registered again
under our rules.
‘consumer' – You are a consumer if you are an individual not registering,
using or planning to use the domain name as part of a business, trade or profession.
‘correct’ – This means that the information must be good enough
to allow us to contact you quickly at any reasonable time without having to get
information from anywhere else, must not be deceptive, and (if possible for that
type of information) must clearly identify you. For your name this also means
that the information must be detailed enough that we can tell exactly who you
are (in legal terms, exactly which legal entity we have this contract with).
‘domain name’ – An internet domain name ending in .uk and under
one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated
by us.
‘DRS policy’, ‘DRS procedure’ – The policy and
procedure of our dispute resolution service.
‘EEA’ – The European Economic Area, which includes most European
countries. Countries outside the EEA may not have strict laws to protect personal
information.
‘name servers’ – Computers that provide specific translation
information in the domain name system.
‘notify’ – Serving notice to you, your agent, authorised representative,
contact (see condition 5.5) or us (see condition 36).
‘personal data’ – Any information about an identifiable living
person (for example, your name, address or phone number).
‘PRSS’ – A service provided under strict contract to some people
based in the EEA which allows them to search WHOIS data differently, but not
to use it for marketing purposes.
‘register’ – Our record of domain names and details about you,
your agent (if you have one) and other information we need.
‘registry’ – The single organisation which holds all records
for domain names with the same ending (we run ‘.uk’) and operates
the name servers for that domain.
‘rules’ – Our rules which explain which domain names can be
registered and which cannot.
‘special status’ – Various special states your domain name
may be in, such as suspended or ‘detagged’. See our website for details.
This will normally mean that you will remain listed as the person who has registered
the domain name but the domain name itself will not work, and may mean that other
actions with the domain name are blocked.
‘WHOIS’ – A system which provides public information about
domain names. See our website for details and how to use the WHOIS.
2 Also
in this contract, the following
words have special meanings but
will not be put in bold.
‘conditions’ – includes all parts of the contract, not just
those that lawyers call conditions.
‘we’, ‘us’, ‘our’ – Nominet UK (company
number 3203859). See condition 35.
‘you’, ‘your’ - The person who is entering into this
contract with us and who the domain name will be registered for.
What we will
do
3 We are the registry
for the .uk domain and we will
carry out the general duties that
we believe (after wide consultation)
a modern, neutral and not-for-profit
.uk registry should.
This includes (among other things):
3.1 processing your application to register or renew
a domain name in the light of our rules, and your right (see condition
20) to renew;
3.2 maintaining
overall ownership, control and
responsibility for the register;
3.3 if we are
listed as your agent or if it would
be inappropriate for you to ask
your agent to act (see condition
5) making changes to the register
at your request or providing information
about the .uk domain name system;
3.4 if the domain
name is not in a special status,
entering details about the domain
name into our name servers; and
3.5 publishing
procedures for you to renew the
domain name and for recording a
transfer, surrender or change of
agent for the domain name.
What you
must do
4 You have various
responsibilities set out generally
in this contract. You must also:
4.1 give and keep
us notified of your correct name,
postal address and any phone, fax
or e-mail information and those
of your contacts (if you appoint
any, see condition 5.2). This duty
includes responding quickly and
correctly to any request from us
to confirm or correct the information
on the register;
4.2 notify us
at once about any court proceedings
which involve the domain name;
and
4.3 notify us
of the details of name servers
for the domain name which you are
allowed to use and which respond
promptly and correctly about the
domain name at all reasonable times.
Agents, representatives
and security
5 For the security
of your domain name we have the
following procedures to try to
make sure that our instructions
come from you or someone allowed
to act on your behalf.
5.1 We do not
have to take any action, or make
any change to the register, until
we are satisfied that we have received
a valid request from the right
person.
5.2 You will help
us with our security checks, provide
any identification or documentary
evidence we reasonably ask for,
and allow us to keep copies of
those documents for our files.
5.3 If you have
an identifier (for example, a password,
a token, personal information or
a code) to use with us or our systems,
you must keep it secret and safe
because we will be allowed to assume
that any action done or asked for
using that identifier or a product
of it was done or asked for by
you or by someone authorised to
act for you. We will be entitled
to enforce procedures for dealing
with lost, cancelled or insecure
identifiers.
5.4 Your agent
acts on your behalf in registering
and maintaining the registration
of the domain name so that, unless
the matter relates to something
covered by condition 5.6 below,
any communication to or from your
agent is taken as being to or from
you. You should always contact
your agent first with any request
or question about your domain name
or changes to it, as we will only
act if we are satisfied that your
agent cannot or will not. Be aware
that your agent may be entitled
to discounts on our fees so it
may be cheaper for you to go through
them.
5.5 We may also
specify other types of authorised
representative or contact whose
instructions we will accept in
certain cases, what types of instructions
they can give us, and whether they
can take your place if we need
to notify you. If you notify us
that you want someone to represent
you, you are giving them power
to act and us power to act on their
instructions and (if this applies)
notify them instead of or as well
as you.
5.6 We will publish
on our website from time to time
certain activities which your agent
is not allowed to do on your behalf
or where we want to deal with you
directly (or both).
Fees and
payment
6 We are a not-for-profit
organisation so our fees (see our
website) reflect the cost of the
work we do. To make sure that every
person who registers a domain name
pays their fair share of the costs
of running the central registry,
we:
6.1 may make a
charge for any of the services
we provide under this contract,
as long as (where only we can provide
the service) we believe the fee
is set at a not-for-profit cost-recovery
level only;
6.2 do not have
to start any process, including
any change to the register, until
we (not just your agent) have received
(within any time limit) any fee
for that action and any other fees
that have not been paid for the
domain name or things done with
it – it is your duty to make
sure that we are paid and that
there is enough information with
the payment to make sure that we
know which domain name it relates
to;
6.3 may cancel
the domain name without further
notice if any debt relating to
the domain name remains unpaid
after the deadline we have set;
and
6.4 unless condition
24 or 34 applies, or we have made
a significant mistake, will not
provide credit notes or refunds.
Your promises
and indemnity
7 By entering
into this contract you promise
that:
7.1 you (or your
agent) have the permission of any
person whose personal data is to
be held on the register in line
with condition 11;
7.2 any identity
and contact information you (either
yourself or through your agent)
send us must be correct;
7.3 you will send
us the information needed under
condition 7.2 as soon as possible,
through your agent if possible,
and you will keep them up to date;
7.4 by registering
or using the domain name in any
way, you will not infringe the
intellectual property rights (for
example, trademarks) of anyone
else;
7.5 you are entitled
to register the domain name; and
7.6 you have not
registered the domain name in a
way that fails to meet with any
legal duty you have.
8 Unless you are
a consumer, you will pay us (including
the current or past members of
our Board of Directors) any and
all reasonable costs, claims and
expenses (whether direct or indirect)
arising out of any claim that you
have broken any of the promises
in condition 7.
9 Our right to
rely on the promises in condition
7 and indemnity in condition 8
will continue to be available after
the domain name has been registered
and will not be affected by the
cancellation or transfer of the
domain name.
Nature of
domain names and the register
10 A domain name
is not an item of property and
has no ‘owner’. It
is an entry on our register database
reflected by our nameservers which
we provide as part of this contract.
As a result:
10.1 we will not
be bound by, or record on the register,
any mortgage-related obligations;
10.2 we own and
keep all copyright and database
rights in the register; and
10.3 you should
not rely on the registration or
continued registration of the domain
name until we confirm that any
application you make has completed
and you confirm that your correct
name is recorded in the register
for the domain name.
Personal
data
11 We will make
your personal data available in
the following ways, but not release
it for any other purpose to any
other person. We may:
11.1 include it
on the register;
11.2 include it
on the WHOIS (which is also available
outside the EEA) and PRSS. For
these purposes we will publish
your name and (unless you are a
consumer and choose to opt out)
your address, but not your phone
or fax number or e-mail address;
11.3 if they ask
in writing, give your personal
data to people with a legitimate
reason for asking for it (based
on the exemptions in the Data Protection
Act 1998 or similar laws that replace
or follow it), including government
or law enforcement agencies;
11.4 give your
personal data to your current or
proposed agent (or both); and
11.5 use it as
set out in the DRS policy and DRS
procedure.
12 You may write
to us to ask for a copy of the
personal data we hold about you,
or you can look at the WHOIS, or
you can ask your agent. Please
note that if, at any point, we
discover that you are not a consumer,
we may automatically cancel your
opt-out (see condition 11.2) without
notifying you.
13 By registering
a domain name you agree to us using
your personal data as explained
in conditions 11 and 12.
The dispute
resolution service
14 You agree to
be bound by:
14.1 the DRS policy
and DRS procedure; and
14.2 if there
is a dispute, the version of the
DRS policy and DRS procedure (available
on our website) which applies at
the time that proceedings under
the dispute resolution service
start, until the dispute is over.
15 We (including
in this case our directors, officers,
staff of all types and any expert)
will not:
15.1 be liable
to you or anyone else for anything
done or not done in connection
with any proceedings under the
dispute resolution service, unless
the act or lack of action is shown
to have been in bad faith; and
15.2 be asked
or forced to reveal information
or materials which we gained as
a result of the informal mediation
stage of the dispute resolution
service, unless ordered by a court
with relevant jurisdiction.
Cancelling
or altering the domain name
16 We may cancel
or put the domain name into a special
status by notifying you if:
16.1 we receive
independent proof that you have
provided significantly inaccurate,
not correct, unreliable or false
contact details (including names),
failed to keep your contact details
up to date, or failed to give us
those details at all;
16.2 you have
broken any part of condition 7
or 8;
16.3 the domain
name is being used in a way that
is likely to endanger any part
of the domain name system or our
systems and internet connections;
or
16.4 you have
broken any of the conditions (including
the rules, DRS policy and DRS procedure)
and (in the case of a matter which
it is possible to put right and
which is not covered by condition
6.3, 16.1 to 16.3 or 17) you do
not put it right within 30 days
of us notifying you.
17 We may (but
do not have to) transfer, cancel,
alter or amend the domain name,
put it in a special status or prevent
its renewal:
17.1 on your instructions
(including the absence of instructions
to renew - see condition 20), or
by someone apparently acting for
you (see condition 5);
17.2 if we reasonably
believe that the contact details
on the register for you are so
inaccurate or false that we would
not be able to notify you of the
change;
17.3 if we reasonably
believe that the changes to update
the register or to correct any
error, ambiguity or inaccuracy
relating to the domain name registration
(including any error in making
the domain name available for registration
or an error in a previous cancellation
of the domain name) would make
it more accurate;
17.4 if you withdraw
your permission to having your
personal data displayed on the
WHOIS or PRSS (not including cases
where a consumer is using the opt-out);
17.5 to carry
out the decision an expert has
made under our dispute resolution
service; or
17.6 if we receive
a complete and valid court order
which we or you (or both) must
obey, or if not making the changes
the court orders would be a contempt
of court by us or you.
18 If you are
an individual, this contract will
end if you die and the person legally
appointed to deal with your assets
after you die does not transfer
the domain name (either to themselves
or someone else) within a year
of your death (or the end of their
appointment, whichever comes first).
19 If you are
not an individual, this contract
will end if you complete a liquidation
or disbandment process or otherwise
no longer exist, even if (where
possible) you are later restored
by an official or court order or
decision.
Duration,
renewal and transfer
20 Unless ended
earlier under this contract, we
will enter your domain name on
the register for two years. If
we receive your renewal request
and fee in the standard format
by the deadline we set, and in
line with the conditions of this
contract generally, you will have
the right to enter into a new contract
with us on the same standard conditions
that we are then offering to people
registering new domain names. The
specific procedure which applies
to renewals is set out on our website,
or you can ask your agent.
21 We may transfer
our rights and responsibilities
under this contract to anyone else.
22 If you want
to transfer your domain name to
someone else, you must, as well
as any general requirements in
this contract:
22.1 use our current
published transfer process; and
22.2 make sure
that the person taking over the
domain name accepts what remains
of this contract in full.
23 If you do not
transfer your domain name (as needed
by condition 22) there will be
no valid transfer of this contract
and domain name, and no document
or agreement attempting or claiming
to transfer the domain name or
this contract (or both) will have
any effect.
24 If you are
a consumer, you may have a right
to cancel this contract under the
Consumer Protection (Distance Selling)
Regulations 2000 or similar laws
amending or replacing it. The right
must be claimed within seven working
days of the start of the services
(which include security-check work).
If this happens, we will cancel
this domain name and provide you
or your agent (depending on who
paid us) a full refund within 30
days. If we pay your agent, you
may still have to get a refund
from them.
Exclusions
and limitations of liability
25 Please note
the explanation about liability
at the beginning of this contract.
However, nothing in these terms
limits or excludes our liability
for fraudulent misrepresentation
or death or personal injury caused
by our negligence.
26 By registering
the domain name, we are not acknowledging
that you have any rights in any
words within the domain name, and
we are not authorising you to use
the domain name as part of a business.
27 We will not
be liable to you whether under
contract law, the legal rules about
duties to other people (known as
the law of ‘tort’)
including negligence or otherwise,
for:
27.1 any loss
of profit, revenue or other type
of economic loss (whether direct
or indirect);
27.2 loss of business
or contracts;
27.3 loss of expected
savings or goodwill; or
27.4 any losses
which a court categorises as ‘consequential’,
or ‘indirect’ arising
out of or in connection with the
contract, including but not limited
to:
27.4.1 any mistake
or missing information in the register;
and
27.4.2 loss of
registration or use, or both (for
whatever reason and whether temporary
or otherwise), of the domain name.
28 The law normally
implies terms into contracts, but
you and we agree that, as far as
the law allows, they do not apply
to this contract.
29 Our total liability
to you, whether under these conditions
or otherwise (including liability
for negligence), will be no more
than £5,000.
30 If you are a consumer, conditions 27, 28 and 29 do not apply to
you. Your statutory rights are not affected - for information contact
your local authority Trading Standards . Department or your citizens
advice bureau.
31 Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after
this contract has ended, even if that happens because we or you end
this contract wrongfully.
General
32 If a court
rules that any of these conditions
is not valid or cannot be enforced,
the other conditions will continue
to be valid and enforceable.
33 This contract
does not give you any legal rights
against other people who have registered
.uk domain names or give other
people rights against us for any
reason.
34 The internet
is constantly changing and developing.
As a result of this, we reserve
the right to make reasonable changes
to the terms of this contract (including
the DRS policy, DRS procedure and
rules) at any time during the term
of the contract. We will only do
so when we have good reason. Unless
we are acting because of a legal
requirement or a court order, the
change will only be made after
we have consulted publicly. We
will publish a notice in advance
(ideally, 30 days in advance) on
our website and provide a link
from the main page. The changes
will apply from the date shown
in the notice. You should visit
our website regularly to find out
about any changes. If you do not
agree with any change to the conditions,
you may notify us that you want
to end the contract in at least
30 days’ time. In this case,
we will give you a proportionate
refund of the registration for
the remaining period.
35 Our address
is Nominet UK, Sandford Gate, Sandy
Lane West, Oxford, OX4 6LB, England
(phone +44(0)1865 332211, fax +44(0)1865
332299,
e-mail: nominet@nominet.org.uk). Our offices are open from 9am to 5.30pm
(UK local time) Monday to Friday, except for public holidays.
36 Except as set
out in condition 5.4, or in the
DRS policy and DRS procedure, any
notice to be given under the contract
will:
36.1 be considered
to have been served if hand-delivered,
or sent by prepaid post, fax or
e-mail, to you, your agent or representative
(see condition 5.5) at any postal
or e-mail address or fax number
on the appropriate register entry
(if to us, at any of the addresses
above); and
36.2 apply from
the date it was delivered, or if
not delivered the date it was sent
or posted.
37 This contract
is a legally binding document.
You should read it carefully and
make sure that it contains everything
you want and nothing you are not
prepared to agree to. These conditions,
together with the rules, DRS policy
and DRS procedure, are the entire
contract between you and us for
the domain name, and replace all
previous contracts, understandings
and representations about this
domain name, whether spoken or
written.
38 We deal with
a large number of domain names
and we rely on you or other people
to tell us about any changes to
your personal information or status.
This means that sometimes we continue
to list a domain name or accept
instructions even after this contract
has ended, or should have been
ended. Nothing we do, or do not
do, during that period stops the
contract from ending, stops us
from ending it, or acts to create
a new contract.
39 This contract
is made under the law of England
and any court proceedings must
be in the English courts. If you
are a consumer in Scotland, Wales
or Northern Ireland, we will accept
your local law and courts. Enforcement
of a court order may be done in
any law or court system that is
relevant.
DRS Policy
________________________________________
DRS Policy - VERSION 2 - September 2004
Note:Version 1 of the Policy applied to disputes filed between September
2001 and 24 October 2004. Version 2 applies to all disputes filed on
or after 25 October 2004.
Dispute Resolution Service
Policy
1. Definitions
Abusive Registration means a Domain Name which either:
i. was registered or otherwise acquired in a manner which, at the time
when the registration or acquisition took place, took unfair advantage
of or was unfairly detrimental to the Complainant's Rights; OR
ii. has been used in a manner which took unfair advantage of or was
unfairly detrimental to the Complainant's Rights;
Complainant means a third party who asserts to us the elements set
out in paragraph 2 of this Policy and according to the Procedure, or,
if there are multiple complainants, the 'lead complainant' (see Procedure
paragraph 3(b));
Contract means the contract between us and the Respondent, made up
of our Terms and Conditions, the Rules for .uk domain and sub-domains,
this Policy and the Procedure;
Days means unless otherwise stated any day other than Saturday, Sunday
or any Bank or public holiday in England and Wales;
Decision means the decision reached by an Expert and where applicable
includes decisions of an appeal panel;
Dispute Resolution Service means the service provided by us according
to this Policy and the Procedure;
Domain Name means a domain name registered in any sub-domain of the
.uk domain;
Expert means the expert(s) we appoint under paragraphs 8 or 18 of the
Procedure;
Informal Mediation means impartial mediation which we conduct to facilitate
an acceptable resolution to the dispute;
ISP means the internet service provider through which the Domain Name
in dispute has been registered or is hosted;
Party means a Complainant or Respondent and 'Parties' has a corresponding
meaning;
Procedure means the Procedure for the conduct of proceedings under
the Dispute Resolution Service;
Respondent means the person (including a legal person) in whose name
or on whose behalf a Domain Name is registered and against whom the
Complainant makes a complaint;
Rights includes, but is not limited to, rights enforceable under English
law. However, a Complainant will be unable to rely on rights in a name
or term which is wholly descriptive of the Complainant's business;
we means Nominet UK (company no. 3203859) whose registered office is
at Sandford Gate, Sandy Lane West, Littlemore, Oxford, OX4 6LB and
'us' and 'our' have corresponding meanings.
2. Dispute
Resolution Service
a. A Respondent must submit to proceedings under the Dispute Resolution
Service if a Complainant asserts to us, according to the Procedure,
that:
i. The Complainant has Rights in respect of a name or mark which is
identical or similar to the Domain Name; and
ii. The Domain Name, in the hands of the Respondent, is an Abusive
Registration.
b. The Complainant is required to prove to the Expert that both elements
are present on the balance of probabilities.
c. We recommend that both Parties use our guidance and help information,
which can be found on our website.
3. Evidence of Abusive Registration
a. A non-exhaustive list of factors which may be evidence that the
Domain Name is an Abusive Registration is as follows:
i. Circumstances indicating that the Respondent has registered or otherwise
acquired the Domain Name primarily:
A. for the purposes of selling, renting or otherwise transferring the
Domain Name to the Complainant or to a competitor of the Complainant,
for valuable consideration in excess of the Respondent's documented
out-of-pocket costs directly associated with acquiring or using the
Domain Name;
B. as a blocking registration against a name or mark in which the Complainant
has Rights; or
C. for the purpose of unfairly disrupting the business of the Complainant;
ii. Circumstances indicating that the Respondent is using the Domain
Name in a way which has confused people or businesses into believing
that the Domain Name is registered to, operated or authorised by, or
otherwise connected with the Complainant;
iii. The Complainant can demonstrate that the Respondent is engaged
in a pattern of registrations where the Respondent is the registrant
of domain names (under .uk or otherwise) which correspond to well known
names or trade marks in which the Respondent has no apparent rights,
and the Domain Name is part of that pattern;
iv. It is independently verified that the Respondent has given false
contact details to us; or
v. The domain name was registered as a result of a relationship between
the Complainant and the Respondent, and the Complainant:
A. has been using the domain name registration exclusively; and
B. paid for the registration and/or renewal of the domain name registration.
b. Failure on the Respondent's part to use the Domain Name for the
purposes of e-mail or a web-site is not in itself evidence that the
Domain Name is an Abusive Registration.
c. There shall be a presumption of Abusive Registration if the Complainant
proves that Respondent has been found to have made an Abusive Registration
in three (3) or more Dispute Resolution Service cases in the two (2)
years before the Complaint was filed. This presumption can be rebutted
(see paragraph 4 (c)).
4. How the Respondent
may demonstrate in its response
that the Domain Name is not an
Abusive Registration
a. A non-exhaustive list of factors which may be evidence that the
Domain Name is not an Abusive Registration is as follows:
i. Before being aware of the Complainant's cause for complaint (not
necessarily the 'complaint' under the DRS), the Respondent has
A. used or made demonstrable preparations to use the Domain Name or
a Domain Name which is similar to the Domain Name in connection with
a genuine offering of goods or services;
B. been commonly known by the name or legitimately connected with a
mark which is identical or similar to the Domain Name;
C. made legitimate non-commercial or fair use of the Domain Name; or
ii. The Domain Name is generic or descriptive and the Respondent is
making fair use of it;
iii. In relation to paragraph 3(a)(v); that the Registrant's holding
of the Domain Name is consistent with an express term of a written
agreement entered into by the Parties; or
iv. In relation to paragraphs 3(a)(iii) and/or 3(c); that the Domain
Name is not part of a wider pattern or series of registrations because
the Domain Name is of a significantly different type or character to
the other domain names registered by the Respondent.
b. Fair use may include sites operated solely in tribute to or in criticism
of a person or business.
c. If paragraph 3(c) applies, to succeed the Respondent must rebut
the presumption by proving in the Response that the registration of
the Domain Name is not an Abusive Registration.
5. Informal
Mediation
a. After we have received the Parties' submissions under the Procedure,
we will initiate and conduct a period of Informal Mediation under paragraph
7 of the Procedure.
6. Without
Prejudice
a. Documents and information which are 'without prejudice' (or are
marked as being 'without prejudice') may be used in submissions and
may be considered by the Expert except that the Expert will not consider
such materials if:
i. they are generated within Informal Mediation; or
ii. the Expert believes that it is in the interests of justice that
the document or information be excluded from consideration.
7. Appointment
of Expert
a. If an acceptable resolution cannot be found by Informal Mediation
we will notify the Parties that we will appoint an Expert when the
Complainant has paid the applicable fees set out in paragraph 21(a)
of the Procedure and within the time specified in paragraph 21(c) of
the Procedure. The Expert will come to a written Decision.
8. Notification
and Publication
a. We will communicate a Decision to the Parties according to paragraph
17 of the Procedure and will publish all Decisions in full on our web
site.
b. Fees are payable by the Complainant or otherwise according to paragraph
22 of the Procedure only if an acceptable resolution has not been reached
by Informal Mediation and once we have notified the Parties that an
Expert is to be appointed.
c. Decisions may contain the contact details of the Parties and the
Parties consent to contact details being displayed in this way.
9. Exclusion
of Liability
a. 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.
10. Appeal,
Repeat Complaints and Availability
of Court Proceedings
a. Either Party will have the right to appeal a Decision under paragraph
18 of the Procedure. The appeal panel will consider appeals on the
basis of a full review of the matter and may review procedural matters.
b. We may refer questions of interpretation of the Policy and Procedure
to the appeal panel. Any decision rendered as a result of our referral
will not affect any Decision previously made under the Dispute Resolution
Service.
c. We will publish decisions of the appeal panel. Appeal decisions
will not have precedent value, but will be of persuasive value to Experts
in future decisions.
d. The operation of the Dispute Resolution Service will not prevent
either the Complainant or the Respondent from submitting the dispute
to a court of competent jurisdiction.
e. If a complaint has reached the Decision stage on a previous occasion
it will not be reconsidered (but it may be appealed, see paragraph
10(a) and Procedure paragraph 18) by an Expert. If the Expert finds
that the complaint is a resubmission of an earlier complaint he or
she shall reject the complaint without a consideration of its merits.
f. In determining whether a complaint is a resubmission of an earlier
complaint, or contains a material difference that justifies a re-hearing
the Expert shall consider the following questions:
i. Are the Complainant, the Respondent and the domain name in issue
the same as in the earlier case?
ii. Does the substance of the complaint relate to acts that occurred
prior to or subsequent to the close of submissions in the earlier case?
iii. If the substance of the complaint relates to acts that occurred
prior to the close of submissions in the earlier case, are there any
exceptional grounds for the rehearing or reconsideration, bearing in
mind the need to protect the integrity and smooth operation of the
Policy and Procedure?
iv. If the substance of the complaint relates to acts that occurred
subsequent to the close of submissions in the earlier decision, acts
on which the re-filed complaint is based should not be, in substance,
the same as the acts on which the previous complaint was based.
g. A non-exhaustive list of examples which may be exceptional enough
to justify a re-hearing under paragraph 10(f)(iii) include:
i. serious misconduct on the part of the Expert, a party, witness or
lawyer;
ii. false evidence having been offered to the Expert;
iii. the discovery of credible and material evidence which could not
have been reasonably foreseen or known for the Complainant to have
included it in the evidence in support of the earlier complaint;
iv. a breach of natural justice; and
v. the avoidance of an unconscionable result.
11. Implementation of Expert
Decisions
a. If the Expert makes a Decision that a Domain Name registration should
be cancelled, suspended, transferred or otherwise amended, we will
implement that Decision by making any necessary changes to the Register
according to the process set out in paragraph 17 of the Procedure.
We will use the details set out in the Complaint form unless you specify
other details to us in good time.
12. Other
action by us
a. We will not cancel, transfer, activate, deactivate or otherwise
change any Domain Name registration except as set out in paragraph
11 above and as provided under paragraphs 6.3 or 16 to 19 of the Terms
and Conditions.
13. Transfers
During a Dispute
a. A Respondent may not transfer a Domain Name registration:
i. if the electronic form of a complaint has been received by our Dispute
Resolution Service staff and the matter is pending the receipt of a
valid paper copy to confirm the complaint (to a maximum of five (5)
Days); or
ii. whilst proceedings under the Dispute Resolution Service are ongoing
in relation to the Domain Name or for a period of ten (10) Days after
their conclusion, unless to the Complainant as a result of a settlement
reached between the Parties and approved by us whether or not pursuant
to Informal Mediation; or
iii. whilst a court proceeding or arbitration in respect of the Domain
Name registration is ongoing in a court of competent jurisdiction.
We reserve the right to reverse any transfer of a Domain Name registration
which does not comply with this paragraph.
b. A Respondent may not without the Complainant's consent (which the
Complainant will not unreasonably withhold) transfer the hosting of
a Domain Name to another ISP whilst proceedings under the Dispute Resolution
Service are ongoing in relation to the Domain Name or for a period
of ten (10) Days after the conclusion of the Dispute Resolution Service.
14. Modifications
to the Policy and Procedure of
the Dispute Resolution Service
a. 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 Policy and Procedure at any time. We will only do so when we
have good reason. Except where we are acting in pursuance of a statutory
requirement or a court order, changes will be implemented following
a process of open public consultation. Each such change will be published
in advance (where practicable, 30 calendar days in advance) on our
web site: http://www.nominet.org.uk/ and will become binding and effective
upon the date specified therein.
b. The Respondent will be bound by the Policy and Procedure which are
current at the time the Dispute Resolution Service is commenced until
the dispute is concluded.
DRS Procedure
________________________________________
DRS Procedure - Version 2 - September 2004
Note:Version 1 of the Procedure applied to disputes filed between September
2001 and 24 October 2004. Version 2 applies to all disputes filed on
or after 25 October 2004.
Procedure for the conduct of proceedings under
the Dispute Resolution Service
1. Definitions
Abusive Registration means a Domain Name which either:
i. was registered or otherwise acquired in a manner which, at the time
when the registration or acquisition took place, took unfair advantage
of or was unfairly detrimental to the Complainant's Rights; OR
ii. has been used in a manner which took unfair advantage of or was
unfairly detrimental to the Complainant's Rights;
Complainant means a third party who asserts to us the elements set
out in paragraph 2 of the Policy and according to this Procedure, or,
if there are multiple Complainants, the 'lead complainant' (see paragraph
3(b));
Contract means the contract between us and the Respondent, made up
of our Terms and Conditions, the Rules for .uk domain and sub-domains,
the Policy and this Procedure;
Days means unless otherwise stated any day other than Saturday, Sunday
or any Bank or public holiday in England and Wales;
Decision means the decision reached by an Expert and where applicable
includes decisions of an appeal panel;
Dispute Resolution Service means the service provided by us according
to the Policy and this Procedure;
Domain Name means a domain name registered in any sub-domain of the
.uk domain;
Expert means the expert(s) we appoint under paragraphs 8 or 18 of this
Procedure;
Informal Mediation means impartial mediation which we conduct to facilitate
an acceptable resolution to the dispute;
ISP means the internet service provider through which the Domain Name
in dispute has been registered or is hosted;
Party means a Complainant or Respondent and 'Parties' has a corresponding
meaning;
Policy means Nominet's Dispute Resolution Service Policy;
Respondent means the person (including a legal person) in whose name
or on whose behalf a Domain Name is registered and against whom the
Complainant makes a complaint;
Reverse Domain Name Hijacking means using the Policy in bad faith in
an attempt to deprive a registered domain-name holder of a domain name;
Rights includes, but is not limited to, rights enforceable under English
law. However, a Complainant will be unable to rely on rights in a name
or term which is wholly descriptive of the Complainant's business;
We means Nominet UK (company no. 3203859) whose registered office is
at Sandford Gate, Sandy Lane West, Littlemore, Oxford, OX4 6LB and
'us' and 'our' have corresponding meanings.
2. Communication
a. We will send a complaint (see paragraph 3) to the Respondent by
using, in our discretion, any of the following means:
i. sending the complaint by first class post, fax or e-mail to the
Respondent at the contact details shown as the registrant or other
contacts in our Domain Name register database entry for the Domain
Name in dispute;
ii. sending the complaint in electronic form (including attachments
to the extent available in that form) by e-mail to;
A. postmaster@<the Domain Name in dispute>; or
B. if the Domain Name resolves to an active web page (other than a
generic page which we conclude is maintained by an ISP for parking
Domain Names), to any e-mail address shown or e-mail links on that
web page so far as this is practicable; or
iii. sending the complaint to any addresses provided to us by the Complainant
under paragraph 3(b)(iii) so far as this is practicable.
b. Except as set out in paragraph 2(a) above, all written communication
to a Party or a Party's representative under the Policy or this Procedure
shall be made by fax, first class post or e-mail.
c. Communication shall be made in English. E-mail communications should
be sent in plain text so far as this is practicable.
d. During the course of proceedings under the Dispute Resolution Service,
if either Party wishes to change its contact details it must notify
us of all changes.
e. Except as otherwise provided in this Procedure or as otherwise decided
by us or if appointed, the Expert, all communications provided for
under this Procedure shall be deemed to have been received:
i. if sent by facsimile, on the date transmitted; or
ii. if sent by first class post, on the second Day after posting; or
iii. if sent via the Internet, on the date that the communication was
transmitted;
iv. and, unless otherwise provided in this Procedure, the time periods
provided for under the Policy and this Procedure shall be calculated
accordingly.
f. Any communication (except for communications relating to Informal
Mediation) between:
i. us and any Party shall be copied by us to the other Party and if
appointed, the Expert, subject to paragraph (13), below; and
ii. a Party to another Party shall be copied by the sender to us and
we will copy such correspondence to the Expert, if appointed.
3. The Complaint
a. Any person or entity may submit a complaint to us in accordance
with the Policy and this Procedure. In exceptional circumstances, we
may have to suspend our ability to accept complaints. If so, we will
post a message to that effect on our web-site which will indicate when
the suspension is likely to be lifted.
b. More than one person or entity may jointly make a complaint. Where
this occurs the joint Complainants must:
i. all sign the hard copy of the complaint (or have it signed on their
behalf) ;
ii. specify one of the Complainants, or a single representative, who
will be the 'lead Complainant' who will receive correspondence on behalf
of all the Complainants and is entitled to act on behalf of them all
(e.g. in Informal Mediation); and
iii. specify which Complainant the Complainants wish to become the
sole registrant of each Domain Name(s) which are the subject of the
complaint if the Complainants are successful (this does not bind the
Expert).
c. The Complainant must send the complaint to us in hard copy and (except
to the extent not available for attachments) in electronic form. The
complaint shall:-
i. not exceed 2000 words (not including the text set out in paragraph
3(c)(ix) below and annexes);
ii. specify whether the Complainant wishes to be contacted direct or
through an authorised representative, and set out the e-mail address,
telephone number, fax number and postal address which should be used;
iii. set out any of the Respondent's contact details which are known
to the Complainant;
iv. specify the Domain Name which is the subject of the dispute and
the name or mark which is identical or similar to the Domain Name and
in which the Complainant asserts it has Rights;
v. describe in accordance with the Policy the grounds on which the
complaint is made including in particular: what Rights the Complainant
asserts in the name or mark; why the Domain Name should be considered
to be an Abusive Registration in the hands of the Respondent; and discuss
any applicable aspects of paragraph 3 of the Policy, as well as any
other grounds which support the Complainant's assertion;
vi. specify whether the Complainant is seeking to have the Domain Name
transferred, suspended, cancelled or otherwise amended;
vii. tell us whether any legal proceedings have been commenced or terminated
in connection with the Domain Name which is the subject of the complaint;
viii. state that the Complainant will submit to the exclusive jurisdiction
of the English courts with respect to any legal proceedings seeking
to reverse the effect of a Decision requiring the suspension, cancellation,
transfer or other amendment to a Domain Name registration, and that
the Complainant agrees that any such legal proceedings will be governed
by English law;
ix. conclude with the following statement followed by the signature
of the Complainant or its authorised representative:-
"The Complainant agrees that its claims and remedies concerning the registration
of the Domain Name, the dispute, or the dispute's resolution shall be solely
against the Respondent and that neither Nominet UK nor its directors, officers,
employees or servants nor any Expert shall be liable 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.";
"The information contained in this complaint is to the best of the Complainant's
knowledge true and complete. This complaint is not being presented in bad faith
and the matters stated in this complaint comply with the Procedure and applicable
law."; and
"If the Expert orders a transfer of the domain name(s) then I agree to be
bound by Nominet's Terms and Conditions for the Registration of Domain Names,
and in particular the provisions relating to Nominet's processing of personal
data."
x. attach three copies of any documentary or other evidence on which
the Complainant relies including correspondence and any trade mark
registration and/or evidence of use of or reputation in a name or mark,
together with an index of the material attached.
d. The complaint may relate to more than one Domain Name, provided
that those Domain Names are registered in the name of the Respondent.
4. Notification of Complaint
a. We will check that the complaint complies with the Policy and this
Procedure and, if so, we will forward it to the Respondent together
with our explanatory coversheet within three (3) Days of our receipt
of the complaint.
b. If we find that the complaint does not comply with the Policy and
this Procedure, we will promptly notify the Complainant of the deficiencies
we have identified. The Complainant shall have three (3) Days from
receipt of notification within which to correct the deficiencies and
return the complaint to us, failing which we will deem the complaint
to be withdrawn. This will not prevent the Complainant submitting a
different complaint to us.
c. Proceedings under the Dispute Resolution Service will commence on
the earliest date upon which the complaint is deemed to have been received
by the Respondent in accordance with paragraph 2(e) of this Procedure.
We will promptly notify the Parties of the date of commencement of
such proceedings.
5. The Response
a. Within fifteen (15) Days of the date of commencement of proceedings
under the Dispute Resolution Service, the Respondent shall submit a
response to us.
b. Within three (3) Days following our receipt of the response, we
will forward the response to the Complainant.
c. The Respondent must send the response to us in hard copy and (except
to the extent not available for attachments) in electronic form to
us at the addresses set out in our explanatory coversheet. The response
shall:
i. not exceed 2000 words (not including the text set out in paragraph
5(c)(v) and annexes);
ii. include any grounds the Respondent wishes to rely upon to rebut
the Complainant's assertions under 3(c)(v) above including any relevant
factors set out in paragraph 4 of the Policy;
iii. specify whether the Respondent wishes to be contacted direct or
through an authorised representative, and set out the e-mail address,
telephone number, fax number and postal address which should be used;
iv. tell us whether any legal proceedings have been commenced or terminated
in connection with the Domain Name which is the subject of the complaint;
v. conclude with the following statement followed by the signature
of the Respondent or its authorised representative:-
"The information contained in this response is to the best of the Respondent's
knowledge true and complete and the matters stated in this response comply with
the Procedure and applicable law."; and
vi. attach three copies of any documentary or other evidence on which
the Respondent relies including correspondence and any trade mark registration
and/or evidence of use of or reputation in a name or mark together
with an index of the material attached.
d. If the Respondent does not submit a response, we will notify the
Parties that we will appoint the Expert on our receipt from the Complainant
of the applicable fees according to paragraph 21 and in the absence
of exceptional circumstances.
6. Reply by the Complainant
a. Within five (5) Days of receiving the response from us, the Complainant
may submit to us a reply to the Respondent's response, which shall
not exceed 2000 words (not including annexes). If a reply is submitted
it must be submitted in hard copy (including three copies of all annexes)
and as far as possible in electronic form to us. If the Complainant
does not submit a reply to us within five (5) Days we will proceed
to Informal Mediation.
7. Informal Mediation
a. Within three (3) Days of our receipt of the Complainant's reply
(or the expiry of the deadline to do so), we will begin to conduct
Informal Mediation. Informal Mediation will be conducted in a manner
which we, in our sole discretion, consider appropriate. No Informal
Mediation will occur if the Respondent does not file a Response.
b. Negotiations conducted between the Parties during Informal Mediation
(including any information obtained from or in connection to negotiations)
shall be confidential, that is they will not be shown to the Expert.
Neither we nor any Party may reveal details of such negotiations to
any third parties unless a court of competent jurisdiction orders disclosure,
or we or either Party are required to do so by applicable laws or regulations.
Neither Party shall use any information gained during mediation for
any ulterior or collateral purpose or include it in any submission
likely to be seen by any Expert, judge or arbitrator in this dispute
or any later dispute or litigation.
c. If the Parties reach a settlement during Informal Mediation then
the existence, nature and terms of the settlement shall be confidential,
unless the Parties specifically agree otherwise or a court of competent
jurisdiction orders otherwise.
d. No binding verbal agreements can be reached as part of the Informal
Mediation: any settlement reached by the Parties must be in writing
or similar electronic form to be enforceable.
e. If the Parties do not achieve an acceptable resolution through Informal
Mediation within ten (10) Days, we will send notice to the Parties
that we will appoint an Expert when the Complainant has paid the applicable
fees set out under paragraph 21(a) within the time limit specified
in paragraph 21(c). We will tell the Expert whether or not Informal
Mediation occurred, but we will not tell the Expert what happened during
Informal Mediation or why it failed to resolve the dispute.
f. No Party may ask us (including our directors, officers, employees,
contractors, agents and any Expert) to reveal information or materials
gained as a result of any Informal Mediation under the Dispute Resolution
Service unless such disclosure has been ordered by a court of competent
jurisdiction. Neither Party shall call the Expert or us (including
our directors, officers, employees, contractors, or agents) as a witness
(either in person or to produce documents or other materials) in any
proceedings which arise from, or are in connection with, the matters
discussed in the mediation.
8. Appointment of the Expert and Timing of Decision
a. If we do not receive the Complainant's request to refer the matter
to an Expert together with the applicable fees within ten (10) Days
of the Complainant's receipt of the notice referred to in paragraph
7(e) above, we will deem the complaint to be withdrawn. This will not
prevent the Complainant submitting a different complaint to us.
b. Within five (5) Days of our receipt of the applicable fees from
the Complainant, we will appoint an Expert on a rotational basis from
our list of Experts.
c. We will maintain and publish a list of Experts and their qualifications.
d. Once we have appointed the Expert, we will notify the Parties of
the name of the Expert appointed and the date by which, except in exceptional
circumstances, the Expert will forward his or her Decision to us.
9. Impartiality and Independence
a. The Expert shall be impartial and independent and both before accepting
the appointment and during the proceedings will disclose to us any
circumstances giving rise to justifiable doubt as to his or her impartiality
or independence. We will have the discretion to appoint a substitute
Expert if necessary in which case we will adjust the timetable accordingly.
10. Communication Between Parties and the Expert
a. A Party and the Expert must not communicate directly. All communication
between a Party and the Expert must be made through us.
11. Transmission of the File to the Expert
a. We will forward the file except for documents relating to Informal
Mediation to the Expert as soon as the Expert is appointed.
12. General Powers of Nominet and the Expert
a. We, or the Expert if appointed, may in exceptional cases extend
any period of time in proceedings under the Dispute Resolution Service.
b. The Expert shall determine the admissibility, relevance, materiality
and weight of the evidence.
c. We shall decide a request by a Party to consolidate multiple Domain
Name disputes in accordance with the Policy and this Procedure.
13. Further Statement
a. In addition to the complaint, the response and if applicable the
reply and any appeal, the Expert may request further statements or
documents from the Parties. The Expert will not be obliged to consider
any statements or documents from the Parties which he or she has not
received according to the Policy or this Procedure or which he or she
has not requested.
b. Any communication with us intended to be passed to the Expert which
is not part of the standard process (e.g. other than a complaint, response,
reply, submissions requested by the Expert, appeal notice or appeal
notice response) is a 'non-standard submission'. Any non-standard submission
must contain as a separate, first paragraph, a brief explanation of
why there is an exceptional need for the non-standard submission. We
will pass this explanation to the Expert, and the remainder will only
be passed to the Expert at his or her sole discretion. If there is
no explanation, we may not pass on the document or information.
14. In Person Hearings
a. No in person hearings (including hearings by conference call, video
conference and web conference) will be held unless the Expert determines
in his or her sole discretion and in exceptional cases, that such a
hearing is necessary to enable him or her to come to a Decision.
15. Default
a. If we find that a submission by a Party exceeds the word limit,
we will return the submission to that Party who will within three (3)
Days return a submission to us which complies with the word limits.
If we do not receive the submission back from:
i. the Complainant, we will deem the complaint to be withdrawn, which
will not stop the Complainant from submitting a different complaint;
or
ii. the Respondent, we will notify the Parties that we will appoint
the Expert when the Complainant has paid the applicable fees set out
in paragraph 21 and in the absence of exceptional circumstances. Once
appointed the Expert will decide the dispute based upon the complaint
and evidence attached to it.
b. If, in the absence of exceptional circumstances, a Party does not
comply with any time period laid down in the Policy or this Procedure,
the Expert will proceed to a Decision on the complaint. If the Expert
has not been appointed Nominet shall take any action which it deems
appropriate in its sole discretion, unless prescribed by this Procedure.
c. If, in the absence of exceptional circumstances, a Party does not
comply with any provision in the Policy or this Procedure or any request
by us or the Expert, the Expert will draw such inferences from the
Party's non compliance as he or she considers appropriate.
16. Expert Decision
a. The Expert will decide a complaint on the basis of the Parties'
submissions, the Policy and the Procedure.
b. Unless exceptional circumstances apply, an Expert shall forward
his or her Decision to us within ten (10) Days of his or her appointment
pursuant to paragraph 8.
c. The Decision shall be in writing and signed, provide the reasons
on which it is based, indicate the date on which it was made and identify
the name of the Expert.
d. If the Expert concludes that the dispute is not within the scope
of paragraph 2 of the Policy, he or she shall state that this is the
case. If, after considering the submissions, the Expert finds that
the complaint was brought in bad faith, for example in an attempt at
Reverse Domain Name Hijacking, the Expert shall state this finding
in the Decision. If the Complainant is found on three separate occasions
within a 2-year period to have brought a complaint in bad faith, Nominet
will not accept any further complaints from that Complainant for a
period of 2 years.
17. Communication of Decision to Parties and Implementation of Decision
a. Within three (3) Days of our receipt of a Decision from the Expert,
we will communicate the full text of the Decision to each Party and
the date for the implementation of the Decision in accordance with
the Policy.
b. We will publish the full Decision and the date that any action which
the Decision requires will be taken, on our website.
c. If the Expert makes a Decision that a Domain Name registration should
be cancelled, suspended, transferred or otherwise amended, we will
implement that Decision by making any necessary changes to the Domain
Name register database after ten (10) Days of the date that the parties
were notified, unless, during the ten (10) Days following the date
that the parties were notified we receive from either Party:
i. an appeal or statement of intention to appeal complying with paragraph
18 of the Procedure, in which case we will take no further action in
respect of the Domain Name until the appeal is concluded; or
ii. official documentation showing that the Party has issued and served
(or in the case of service outside England and Wales, commenced the
process of serving) legal proceedings against the other Party in respect
of the domain name. In this case, we will take no further action in
respect of the Domain Name unless we receive:
A. evidence which satisfies us that the Parties have reached a settlement;
or
B. evidence which satisfies us that such proceedings have been dismissed,
withdrawn or are otherwise unsuccessful.
18. Appeal
a. Either Party shall have the right to appeal a Decision by submitting
either:
i. a statement of the intention to appeal (see paragraph 18(b)), plus
the non-refundable deposit (see paragraph 21(e)), which must be followed
within fifteen (15) Days by an appeal notice (see paragraph 18(c))
and the balance of the fee (see paragraph 21(e)); or
ii. an appeal notice (see paragraph 18(c)) and the whole fee (see paragraph
21(e)).
b. A statement of intention to appeal should only contain sufficient
information to make it clear that an appeal is requested. The statement
of intention to appeal should not contain the actual grounds or reasons
for appeal.
c. An appeal notice should not exceed 1000 words, should set out detailed
grounds and reasons for the appeal, but shall contain no new evidence
or annexes.
d. Within three (3) Days of our receipt of the:
i. statement of the intention to appeal and deposit; or
ii. appeal notice and the full fee
we will forward the statement of intention to appeal or appeal notice
(as the case may be) to the other Party.
e. Within ten (10) Days of receiving the appeal notice from us, the
other Party may submit to us an appeal notice response (paragraph 18(f)).
f. An appeal notice response must not exceed 1000 words, should set
out detailed grounds and reasons why the appeal should be rejected
but should contain no new evidence or annexes.
g. Following the filing of an appeal notice response (or the expiry
of the deadline to do so) we will appoint an appeal panel of three
Experts. The test of impartiality shall apply to each appeal Expert
subject to this the appeal panel shall consist of:
i. the chairman of the group of Experts, or at his or her discretion,
an Expert of his or her choice; and
ii. the next available two Independent Experts appointed by rotation
from our list.
h. The appeal panel should not normally take into consideration any
new evidence presented in an appeal notice or appeal notice response,
unless they believe that it is in the interests of justice to do so.
i. So far as is appropriate in the circumstances paragraphs 16 and
17 apply equally to appeal Decisions, except that:
i. appeal Decisions should be returned by the appeal panel to us within
thirty (30) days of the appointment of the last panellist, but this
deadline may be extended by up to ten (10) Days by agreement with us;
and
ii. appeal Decisions cannot be subject to any appeal within the Dispute
Resolution Service.
19. Settlement or Other Grounds for Termination
a. If, before a Decision is made the Parties agree and notify us of
a settlement which we approve, whether or not pursuant to Informal
Mediation, we will terminate proceedings under the Dispute Resolution
Service.
b. If, before a Decision is made, it becomes unnecessary or impossible
to continue proceedings under the Dispute Resolution Service for any
reason, we will terminate proceedings under the Dispute Resolution
Service unless a Party raises justifiable grounds for objection within
a period of time which we will determine.
20. Effect
of Court Proceedings
a. If legal proceedings relating to a Domain Name which is the subject
of a complaint are issued in a court of competent jurisdiction before
or during the course of proceedings under the Dispute Resolution Service
and are brought to our attention, we will suspend the proceedings,
pending the outcome of the legal proceedings.
b. A Party must promptly notify us if it initiates legal proceedings
in a court of competent jurisdiction in relating to a Domain Name which
is the subject of a complaint during the course of proceedings under
the Dispute Resolution Service.
21. Fees
a. The applicable fees in respect of the referral of proceedings under
the Dispute Resolution Service to an Expert are £750 + VAT for
disputes involving 1-5 Domain Names and only one Complainant. For disputes
involving 6 or more Domain Names, and/or more than one Complainant,
we will set a fee in consultation with the Complainant. Fees are calculated
on a cost-recovery basis, and are passed on in their entirety to the
Expert(s). Nominet does not charge for its mediation or administration
services in respect of the Dispute Resolution Service.
b. Fees are payable by the Complainant only if an acceptable resolution
has not been reached and we notify the Parties that an Expert is to
be appointed.
c. If we have not received the fees from the Complainant as set out
in paragraph 21(a) above within ten (10) Days of receipt by the Complainant
of notice from us that an Expert is to be appointed under paragraphs
5(d), 7(e) or 15(a)(ii) we will deem the complaint to be withdrawn.
d. In exceptional circumstances, for example if an in person hearing
is held, we will request that the Parties pay additional fees to be
agreed between us, the Parties and the Expert.
e. The applicable fees for the submission of an appeal are £3,000
+ VAT. If the option is used to pay a deposit and the balance, the
deposit is £300 + VAT and non-refundable, and the balance is £2,700
+ VAT. If the deposit is paid, and the balance of the fee and/or appeal
notice are not filed in time, that appeal is deemed withdrawn and the
case will be closed.
22. Exclusion
of Liability
a. 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.
23. Modifications to the Policy and Procedure of the Dispute Resolution
Service
a. 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 Policy and Procedure at any time. We will only do so when we
have good reason. Except where we are acting in pursuance of a statutory
requirement or a court order, changes will be implemented following
a process of open public consultation. Each such change will be published
in advance (where practicable, thirty (30) calendar days in advance)
on our web site: http://www.nominet.org.uk/ and will become binding
and effective upon the date specified therein.
b. The Respondent will be bound by the Policy and Procedure which are
current at the time the Dispute Resolution Service is commenced until
the dispute is concluded.
Rules
________________________________________
IMPORTANT: The purpose of this document is to describe
the Nominet (UK) ("We", "Our" or "Us")
rules for the registration and use of domain names within the .uk domain
and its sub-domains (the "Rules"). The Rules as amended from
time to time form part of our terms and conditions and are part of
your contract of registration with us. The terms and conditions are
here. Except where otherwise stated in the Rules, the definitions used
in the terms and conditions apply to the Rules.
1. Domain
Name Definitions
1.1 <internet.co.uk> is
a domain name ("Domain Name").
A Domain Name is made up of several
levels of domains. In the Domain
Name <internet.co.uk> the <.uk> is
called the top or first level domain,
the <.co> is the second level
domain and <internet> is
the third level domain. In the
Domain Name <fourth.internet.co.uk> the
domain <fourth> is called
a fourth level domain and <.internet> is
a third level domain, <.co> is
a second level domain and <.uk> is
a top level domain. In these Rules
the terms top level domain ("TLD"),
second level domain ("SLD")
and third level domain ("Third
Level Domain") and fourth
level domain ("Fourth Level
Domain") will be used accordingly
(see Fig 1).
1.2 The SLD is
a sub-domain of the TLD. The Third
Level Domain is a sub-domain of
the SLD. The Fourth Level Domain
is a sub-domain of the Third Level
Domain. (see Fig 1).
1.3 .uk Domain
Names can only be registered within
a particular SLD. For example the
Domain Name internet.co.uk is registered
within the .co SLD.
1.4 When an application
for registration of a Domain Name
is submitted to us by you, or on
your behalf, you are an applicant.
If your application is successful
your Domain Name will be registered
by us and you will be the registrant.
2. Registration
of Domain Names - SLDs administered
by us
2.1 The Rules
have been made by us in our capacity
as designated manager for the .uk
TLD with the authority of the UK
Internet Community.
2.2 We administer
the SLDs within the .uk TLD (except
for the SLDs listed in Appendix
B below) and determine which SLDs
are available for registration
of a Domain Name within the .uk
TLD. A list of the SLDs which are
administered by us are listed in
Appendices A & C below.
2.3 Each application
by you for a Domain Name must be
an application to register one
Third Level Domain within one particular
SLD listed in Appendix A.
2.4 Certain organisations
have registered Domain Names with
us and these organisations may
offer to register a Fourth Level
Domain for you as a sub-domain
of their Domain Name. We do not
accept responsibility for any registration
of Fourth Level Domains by you
with other organisations, nor do
we control the naming of these
Fourth Level Domains by these Rules
or otherwise.
2.5 Each SLD listed
in Appendix A has its own specific
rules ("SLD Rules").
All of the SLD Rules form part
of the Rules. Where there is a
conflict between the Rules and
the SLD Rules, the SLD Rules take
precedence.
2.6 If your application
to register a Domain Name within
an SLD listed in Appendix A is
successful, this in no way entitles
you to any right to or registration
of any other Domain Name. For example
an application to register the
Domain Name internet.co.uk will
not entitle you to a registration
for the Domain Name internet.xyz.co.uk
or the Domain Name internet.org.uk.
3. Other
SLDs