BirchHosting

2.1 The Customer wishes to provide Birch Hosting Ltd with data that will be hosted on Birch Hosting Ltd's servers and made accessible via the Internet.

2.2 Birch Hosting Ltd provides Web Hosting services and has agreed to host the Customer's data upon the following terms and conditions.

3.1 Birch Hosting Ltd shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to Birch Hosting Ltd the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Birch Hosting Ltd ("the Customer Software), in a format specified by Birch Hosting Ltd.

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits

4.2 Birch Hosting Ltd do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in

4.3 Birch Hosting Ltd shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes overdue, a 10% charge will be added to your invoice automatically.

4.4 Birch Hosting Ltd do not provide credit facilities.

4.5 From time to time Birch Hosting Ltd may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.6 Birch Hosting Ltd provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket within the customer control panel within 30 days of placing your order for a full refund. This guarantee excludes domain names and add-ons which may not be cancelled once ordered, free domains given with hosting will be deducted from the total amount paid at the current Domain Registration pricing. Add-ons will also be deducted from the total refund price, with the exception of Webbuilder Plus which carries a 30 day Money-Back Guarantee. Customers are limited to using the money-back guarantee once. If you cancel a hosting package within the first 12 months and on a monthly or quarterly plan, the full domain price needs to be paid in full.

4.6.1 Birch Hosting Ltd offer a Price Freeze guarantee on all Linux and Windows hosting packages, renewal prices will be the same. Offers of inclusive Domains or Discounts offered on joining will not form part of the price Freeze guarantee.

4.7 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.

4.8 Should your chosen payment method fail Birch Hosting Ltd will attempt to settle your invoice using any other payment facilities available on your account.

4.9 All services will renew until cancelled by the customer. Birch Hosting Ltd emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

4.10 Once a package becomes overdue, and BirchHosting has had no communication from the customer the account will be suspended and all services within.  

4.11 All services not renewed on time will be suspended after a 2 day grace peroid. Your site will not be deleted for 40 days, so you can renew your package at any point within this time period.

5.1 Birch Hosting Ltd shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where Birch Hosting Ltd changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

6.1 If the Customer requires use of software owned by or licensed to Birch Hosting Ltd ("Birch Hosting Ltd's software") in order to use the Services, Birch Hosting Ltd grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Birch Hosting Ltd Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Birch Hosting Ltd Software.

6.2 In relation to Birch Hosting Ltd's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Birch Hosting Ltd a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Birch Hosting Ltd any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Birch Hosting Ltd Software.

6.4 Birch Hosting Ltd may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Birch Hosting Ltd shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7.1 Birch Hosting Ltd shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Birch Hosting Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and Birch Hosting Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 Birch Hosting Ltd carries out data backups for use by Birch Hosting Ltd in the event of systems failure. Birch Hosting Ltd do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Birch Hosting Ltd accepts no responsibility for data loss or corruption.

8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;

8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5 engage in illegal or unlawful activities through the Services or via the Website;

8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan, exe files or corrupt data; or

8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Birch Hosting Ltd's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8 operate or attempt to operate IRC bots or other permanent server processes.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Birch Hosting Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause

8.4 Birch Hosting Ltd shall be entitled to withdraw the Services and terminate the Customer's account without notice.

9.1 All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Birch Hosting Ltd and the password will be changed.

10.1 The Customer warrants and represents to Birch Hosting Ltd that Birch Hosting Ltd's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Birch Hosting Ltd as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Birch Hosting Ltd shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11.1 The Customer agrees to indemnify and hold Birch Hosting Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Birch Hosting Ltd arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12.1 Nothing in these terms and conditions shall exclude or limit Birch Hosting Ltd's liability for death or personal injury resulting from Birch Hosting Ltd's negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of Birch Hosting Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall Birch Hosting Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Birch Hosting Ltd had been made aware of the possibility of the Customer incurring such a loss.

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 Birch Hosting Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination all data held in the customers account will be deleted.

14.1 Birch Hosting Ltd may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Birch Hosting Ltd's prior written consent.

15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

6.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Birch Hosting Ltd will provide a full refund for that domain name.

20.2 All domain registrations with a .uk prefix to the customer will be entering into a contract with Nominet Uk please refer to point 30.

20.3 Once registered refunds may not be available. 

21. Birch Hosting Ltd are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the Web Hosting system.

22.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law. See our Full Privacy Policy Here.

23.1 Web Hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web Hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

Our cPanel hosting has an allowance of 10% memory/processing power and 150,000 Inodes limit. If your hosting continues to hit any of these limits we would descuss other options.

25.1 Commission earned via the affiliate programme will only be paid by using a valid Paypal or Google Checkout account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.

26.1 Birch Hosting Ltd communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

27.1 Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

27.2 Please also refer to the limitations of use with the webspace in section 23.2

28.1 Mail boxes not accessed for 100 days or more will be deleted from the system.

28.2 Free email accounts are only available to customer that have registered a domain with BirchHosting Limited and don't have hosting elsewhere, as your hosting provider needs to supply those services to you. 

29.1 We will offer you the customer a free trial on any of our shared Web Hosting packages, providing the following points are satisfied.

• You have not had a trial previously (Only 1 Trial per customer)
• The nameservers are pointing to us, and can be verified.
• You have filled out a support ticket with package and billing cycle required.
• Providing the Web Hosting trial is in affect.
• You understand that the price freeze guarantee doesn't apply to you until your first payment has been processed.

Please Note:- The free trial is not available on the reseller hosting plan.

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 see our web site at http://www.nominet.org.uk 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.
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.
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.
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.
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.
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.
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:

Posted onto the Register;

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; and

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;

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; and

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.

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.

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;

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;

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;

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;

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.
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.
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 e-mail, to the party to whom it is given at its last known postal or e-mail 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.