CentralNic Registration Agreement
The following terms and conditions apply to the registration of domain names and
provision of a domain name service by CentralNic Ltd ("CentralNic"). For the
purposes of these terms and conditions, any references to the registration of a
domain name ("domain name") includes, without limitation, the provision of the
associated domain name service:
- You must have the right to use the name which will form the prefix of the
domain name and which will be issued by CentralNic. By applying to register
the domain name you warrant to us that you have that right.
- By applying to register the domain name you agree to indemnify and to keep
CentralNic and its directors fully and effectively indemnified at all times
against all costs, claims, liabilities, losses, damages, actions and expenses
(including without limitation, legal expenses) arising directly or indirectly
from the registration and/or any breach by you of any of these terms and
conditions.
- You may apply to register the domain name on behalf of, and in the name of,
a third party (if you are an Internet Service Provider, for example) and/or
register the domain name in your own name on behalf of a third party
provided that you have their prior consent and agree at any time on request
by that third party to de-register the domain name which was registered in
your name and allow that third party to register it in their name. In either case
you may charge them what you like for your services. CentralNic reserves the
right to immediately cancel without notice the domain name if CentralNic
reasonably believes that you have registered a domain name in breach of
clause 1 or with the intention of defrauding a third party.
- If you apply to register the domain name on behalf of a third party (a client,
for example) and you are registered on the CentralNic database as a billing
contact, CentralNic, at its option, will be entitled to receive any payments due
in respect of the domain name registration from you or the relevant third
party. You and the third party shall be jointly and severally liable in this
regard.
- The initial registration of the domain name is for two years from the date of
application for registration. Thereafter, the registration may be renewed for
further periods provided that you pay the appropriate renewal fee on or
before the relevant renewal date. It is your responsibility to ensure that you
apply to renew the domain name registration at least 30 days before the
renewal date and provide accurate and up to date contact details. Whilst
CentralNic endeavours to send reminders of renewal dates it does not
guarantee to do so and will not be liable if you fail to renew any registration
on time.
- You may surrender the registration of the domain name at any time by notice
in writing to CentralNic.
- Once the domain name and your full details have been entered in the
CentralNic database no refund will be payable by CentralNic.
- Unless you have selected the option to opt-out, the details you supply will be
published using CentralNic's WHOIS service. CentralNic reserves the right,
subject to data protection legislation, to publish registrants' details in other
circumstances, including to governmental or law enforcement agencies, to
third parties with a legitimate reason for requesting the information, and on
production of a court order.
- Domain names are registered on a first come, first served basis.
- There is no guarantee that a domain name applied for has been entered on
CentralNic's database until you receive confirmation of registration. You are
advised not to, and CentralNic accepts no liability arising from, any action
taken in respect of the use and/or registration of the domain name before you
have received such confirmation and full payment has been made and
received by CentralNic.
- Acceptance of applications to register the domain name is at the sole
discretion of CentralNic. Without prejudice to the generality of the foregoing,
CentralNic may refuse to accept such application if the domain name:
- is currently registered;
- is on the list of reserved words (this list is not available for
public scrutiny);
- is obscene or otherwise deemed to be unsuitable by CentralNic
in its sole discretion.
Acceptance of a domain name by CentralNic shall not be construed as CentralNic
approving or agreeing that you have the right to register that name.
- The fees for the registration of, and renewal of registrations of, the domain
name are those posted on the CentralNic website from time to time.
CentralNic shall be entitled to invoice you for the registration for the domain
name on receipt of an application to register for the domain name and for the
renewal of the domain name registration on or before the renewal date.
Payment must be made within the period stated in the invoice. If CentralNic
does not receive payment within such period CentralNic is entitled, at its
option, either to suspend or to delete the domain name registration from the
database and if deleted, the domain name may be made available for
registration to the public. If suspended, CentralNic reserves the right to
charge you for resumption of the registration of the domain name.
- If the registrant for the domain name changes, the new registrant must reregister
the name and pay the full registration fee. CentralNic accepts no
liability and shall not be responsible if a third party registers the domain
name before such re-registration.
- CentralNic may at its sole option, cancel the registration or suspend
registration of the domain name if:
- ordered to do so by a court of competent jurisdiction;
- following the ICANN Uniform Domain-Name Dispute-Resolution
Policy the name has been judged to infringe the trademark
or other intellectual property of the complainant;
- the use of the domain name is illegal;
- if there is a breach of these terms and conditions; including
without limitation, clause 1;
- the continued use of a domain name could cause technical
problems on the Internet.
- CentralNic gives no warranty and makes no representation in respect of the
domain names registered hereunder including, without limitation, the
availability of any domain names and hereby excludes, to the fullest extent
permitted by law, all conditions, warranties, terms, undertakings and
representations, express or implied, whether by statute, common law or
otherwise in relation to such domain names.
- CentralNic shall not be liable to you whether in contract, tort, by statute or
otherwise in respect of any loss of profits and/or for any special, indirect,
incidental or consequential loss or damage arising out of or in connection
with the domain names registered hereunder, including without limitation:
- loss of revenue; and/or
- loss of anticipated savings; and/or
- loss of business and/or goods; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss and/or corruption of data and/or other information; and/or
- downtime; and/or
- any damage relating to the procurement of any substitute
services.
For the avoidance of doubt, neither the types of loss and/or damage specified in subclauses
(1) to (8) inclusive of this clause 16 nor any similar types of loss and/or
damage shall constitute direct loss for the purposes of these terms and conditions.
- In no event shall CentralNic's liability to you whether in contract, tort, by
statute or otherwise exceed the registration fee for the domain name.
- Nothing in this Agreement shall exclude or restrict the liability of either party
for fraudulent misrepresentation and/or for death or personal injury arising
as a result of the negligence of that party, its officers, employees, agents
and/or sub-contractors.
- The terms and conditions are exclusively governed by English law and by
applying to register or renew a domain name you and CentralNic submit to
the exclusive jurisdiction of the English courts.