Domain Name Registration Terms
Incorporating latest revisions posted on this web
site (http://www.laminar.net) on September 21st 2014.
Click here for previous terms
1. Please read carefully these terms and conditions, hereinafter
called The Agreement, your acceptance of which is a pre-requisite for carrying
out your order/instructions; a declaration that they are acceptable has to
be made before you are able to submit the "order
form", prior to the registration of a domain name.
2. The only parties to The Agreement are Laminar Systems Ltd,
Company Number 3167287, whose registered office is situated at The Lilies,
Griffe Grange Valley, Grangemill, Matlock, Derbyshire, DE4 4BW, England,
hereinafter called the registration agents
and the individual, partnership or company wishing to register a domain name
or purchase a product or service from the registration agents, hereinafter
called the customer, this being irrespective as to whether or not the customer
made contact with the registration agents directly or was referred to them
from one of the web sites or agents that promote the registration agents'
3. The customer irrevocably accepts to
be also bound by the completely separate and independent agreement/agreements
of the registry agencies, NOMINET for .uk domain and sub domains and TUCOWS.com
Inc for .com, .org, .net, .info, .eu, .tv and .biz domain and sub domains (click
or "Tucows terms"
links now to read their agreements) The customer must accept their terms,
conditions, rules and also be bound by their domain name dispute policies
(click " Nominet
disputes" domain name policies links now to read how "name disputes"
will be handled). The customer also agrees that any warranties, indemnities,
restrictions, provisions, prohibitions, limitations or grounds for termination
agreed with Nominet and/or TUCOWS.com Inc in accordance with their terms and
rules, shall be deemed to have been agreed with the registration agents including
those preconditions the customer has to give before licensing the use of
a permitted domain name to a third party, referred to in item 7 of the Agreement.
For the avoidance of doubt, the customer hereby also irrevocably accepts that
the provision of any ancillary service or product provided by third parties,
through the registration agents, shall also be subject to the third parties'
terms and conditions (click link "Third Party
Products and Services" (to read additional agreements provided by
third parties, if you intend purchasing any of their products/services through
the registration agents).
4. The registration agents do reserve the right to reject any order/name for any reason whatsoever prior to their acceptance. Before a customer instructs the registration agents to register any domain name, they must explicitly affirm that they are not abusing any trade mark or are registering a name with the intention of passing off another firms' or person's trading name or mark or a name that will be confusing to those dealing with them because of the similarity with another trading name which is likely to have an adverse affect on their established activities and goodwill; if at all in doubt, the customer is urged to take legal advice. The registration agents will not be a party in name-disputes, but the customer hereby irrevocably entitles the registration agents, at their sole discretion, that they can withhold, suspend or cancel any disputed domain name and will not be held liable for such actions. The customer must defend, indemnify, save and hold the registration agents harmless from any and all damages, demands, liabilities, losses, costs and claims, including legal fees.
5. The scope of the service offered by the registration agents
is limited to contacting the appropriate registry to secure the proposed domain
name and to notify the customer whether or not their application has been successful
and after that, to provide any ancillary services ordered by the customer. The
customer should not assume registration of any requested domain name until notified
that it has been registered. Any action taken before notification is at the
customer's sole risk. Only if the application is successful, will the customer's
credit/charge card remain debited with the appropriate fee plus VAT for the
domain name registration inclusive of two years' registry fees, (three years
for .info domain names allocated to successful "pre- registration" applicants)
and also for two years fees for any ancillary services ordered; fees are
subject to a refund in the event of an unsuccessful application to register
a domain name or the deletion of the domain name by one of the registry agencies
in accordance with the terms of their agreement referred to in item 3 of The
Agreement.The customer agrees that any order/instruction is irrevocable after
being received by the registration agents and that no domain will be registered
that has an offensive name or will be used to publish or to link to a website
that publishes information which is considered obscene, inflammatory or offensive
in any way. This includes pornography, racism or illegal material of any kind;
in the event of any dispute interpreting this condition, the registration agents'
decision will be binding on the customer. The customer irrevocably gives authority
to the registration agents, that in the event of their failure to adhere to
these conditions, that their domain name can be suspended or withdrawn without
notice and that any fees paid in advance will be forfeited.
6. The registration agents shall, after registration, host the
domain name on their Server and will make reasonable endeavours to make the
Server available to the customer at all times and to offer the customer the
registration agents' own ancillary services; the customer irrevocably accepts
to be bound by the registration agents' ancillary services terms and conditions,
services terms and conditions" link to read them) but the
registration agents can make no warranties or representations that any service
will be uninterrupted or error-free and the registration agents will not be
held liable for ANY interruptions of the service or down-time of the Server;
the customer should have and maintain insurance cover in respect of any
loss or damage to data stored on the server. The registration agents'
total aggregate liability to the customer for any claim in contract, tort,
negligence or otherwise arising out of or in connection with The Agreement,
shall be limited to a refund of the preceding 12 months' charges paid by the
customer in respect of the Services which are subject to the claim. Any claim
must be notified within 6 months of it arising. For the avoidance of any misunderstanding
whatsoever, the customer must accept that neither the registration agents,
their employees, agents or anyone else associated with them, shall be held
liable to the customer for any loss of business, contracts, profits or failure
to achieve anticipated savings or for any other indirect or consequential
or economic loss whatsoever, irrespective whether such losses were caused
because of mistakes, omissions, interruptions, loss of files and data, errors,
defects, operation or transmission delays, failures in performance because
of destruction, theft or any unauthorised access or for any other reason whatsoever.
7. The initial term of The Agreement will be for 2 years (three
years for .info domain names allocated to successful "pre-registration" applicants)
from the date of the application for registration unless terminated at the sole
discretion of the registration agents in accordance with item 9 of The Agreement.
If a domain name is transferred or cancelled by the customer, for any reason
before expiry of this initial term, an additional fee of £20 plus VAT will
be payable; the change of handle/tags will not take place until this payment
is received in full. The customer agrees only to licence Permitted domain
names to any third party by using the Registration Agents' rental agreement
(click "rental agreement terms and
conditions" link to read it) and to ensure that the third party
irrevocably accept the terms and conditions of The Agreement in its entirety
as well as those of the completely separate and independent
agreement/agreements referred to in item 3 of The Agreement. For
the avoidance of any doubts, the customer acknowledges that .biz domains cannot
be sold, traded or rented or used for non commercial activities or to express
anti business ideas and that .org and .org.uk domains may at some future date
be only renewable for use by non profit organisations and their use to promote
commercial services maybe curtailed. After the initial term, unless
terminated by the customer giving at least 1 months prior notice, or the registration
agents terminating The Agreement for any reason whatsoever, The Agreement shall
automatically be renewed every two years. Fees, for renewal periods after the
initial term, shall be payable immediately upon the first day of such renewal
period and shall be the same fees as those payable during the preceding two
years, unless the customer is advised of any increase prior to the issue of
the registration agents' invoice in respect of the renewal period, which will
be sent one month prior to the commencement of the new term of The Agreement.
8. All notices/invoices to be given/sent under The Agreement shall be sent in accordance with item 10 of The Agreement. Any failure by the customer to pay renewal fees on the due date, will entitle the registration agents to either cancel, lapse or even appropriate the domain name and resell it; the customer irrevocably gives authority to do this without any preconditions and agrees to waive all rights to the name in perpetuity, should the registration agents exercise this option.
9. The customer is deemed to have agreed to The Agreement in its
entirety when commencing use of any of the registration agents' services. The
customer agrees to review The Agreement periodically to be aware of any future
changes or revisions that will be binding and effective immediately on posting
of the revised Agreement on the registration agents' web site unless the customer
notifies the registration agents by email to firstname.lastname@example.org
within 30 days of posting, that they are unacceptable, whereupon the registration
agents will reply by email stating whether it agrees to do business in accordance
with the form of The Agreement that existed before the changes or revisions
were implemented or insisting on incorporating the revised terms but granting
the customer the option to terminate The Agreement within 30 days if still unacceptable.
10. Any notice, direction or other communication given under The
Agreement shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been obtained by
the sender. E-mail notifications to the Registration Agents must be sent to email@example.com.
and notices to the customer, to the e- mail address provided by the customer
or that shown in the WHOIS record. In the case of regular mail notices, they
must be sent by "recorded delivery" to: Laminar Systems Ltd, The Lilies, Griffe
Grange Valley, Grangemill, Matlock, Derbyshire, De4 4BW. England and in the case
of notifications to the customer,
to the address provided or that specified as the "Administrative Contact"
as recorded in the WHOIS record.
11. The customer attests that if they are entering into The Agreement
in their personal capacity that they are 18 years or older, and that if acting
for and on behalf of a business that they do have absolute authority to enter
into The Agreement on behalf of their Company, Firm or Organisation. The Agreement
shall be governed by and construed in accordance with English Law and the customer
hereby submits to the non- exclusive jurisdiction of the English Courts and
confirms that no reliance on any representations has been made, other than on
those expressly stated herein. No change, alteration or modification to The
Agreement shall be valid unless agreed in writing by both parties.
12. For the avoidance of any misunderstandings, the customer
irrevocably agrees that the separate and independent agreement/agreements
referred to in item 3 of The Agreement, shall be governed by and interpreted
and enforced solely in accordance with the laws and jurisdiction of the courts
stated in those agreements without exception.
The customer agrees that the terms of The Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or provision will
be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions
will remain in full force and effect. Nothing contained in this Agreement or
the Dispute Policies shall be construed as creating any agency, partnership,
or other form of joint enterprise between the registration agents and any third
parties to the Agreements.
NOTE: Customers are strongly recommended to study this
agreement closely before giving instructions to the Registration Agents and
to print out a copy of it to retain for future reference. In the unlikely
event of any dispute, the content and interpretation of this Agreement will
be paramount in settling any claims by either party.