Terms and Conditions of Sale

Names and webspace provided are registered through Nominate.com ("BB Online UK Limited") and are done so under the following terms and conditions: These are the terms and conditions of a Contract for the registration, use and maintenance of a domain name in the register of domain names, which is made between the person or organisation applying to register the domain name ("the Applicant") and BB Online UK Limited ("BB Online").

1. Applicant’s Registraion Obligations
The Applicant :
1.1 Warrants to BB Online that the details submitted in the application to BB Online are true and correct and undertakes to notify BB Online promptly of any change that occurs to those details.
1.2 Warrants to BB Online that the domain name does not, directly or indirectly, infringe the rights of any third party.
1.3 Warrants to BB Online, not to use the domain name in any unlawfull manner.
1.4 Will pay the registration and maintenance fees within 14 days of BB Online’s invoice for those fees.
1.5 Agrees and grants BB Online in the event of a charge back by a credit card company (or nonpayment of fees) to let the domain name(s) in question be transferred to BB Online. BB Online then may do with this domain as BB Online sees fit to do so.
1.6 Consents to the inclusion of personal data in the application being held in the register of domain names and (subject to the EU Directive on Data Protection 95/46/EC and the provisions of the UK Data Protection Act, 1999 ) to that data being made available to those who wish to obtain information concerning the registration of the domain name or related purposes.
1.7 Agrees to be bound the the current ICANN uniform Domain-Name dispute policy
1.8 BB Online according to ICANN rules will make public some of this information, (name, address, phone and fax number, domain name, nameserver names and IP addresses) via a whois directory and bulk access to this directory as (mandated by ICANN). BB Online agrees not to provide third parties (except whois directory and bulk access to whois directory as mandated by ICANN) with any information other than that which is necessary for technical operation of the domain name.
1.9 The applicant consents to the data processing involved in this contract.
1.10 The applicant understands that notice has been provided to any third-party individuals whose Personal Data are supplied to BB Online by the applicant, and that the applicant has obtained consent of any such third-party individuals.
1.11 BB Online shall take reasonable precautions to protect Personal Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
1.12 Bulk access opt out policy. BB Online assumes all domain name holders who are individuals wish to opt out of inclusion in bulk access of data. As such BB Online will not distribute this data unless specifically authorised to do so.
Applicant’s Webhosting Obligations
applicable to BB Online UK Ltd webhosting, not domain name registration:
1.13 Warrants not to use the web site for adult, pornographic or any other purpose that may be construed as offensive to public morality.
1.14 Will not use the site for music / video streaming, chat rooms or irc bots.
1.15 Accepts absolute responsibilty for the content of the site and indemnifies BB Online against any claims whatsoever for any costs arising from the content or operation of the site.
1.16 Will only display proprietary material on the site when the applicant has obtained the written permission of the owner to do so.
1.17 Will not store more data on the site than the allocated number of megabytes.
1.18 Will take full responsibility for the security of the data of the site and will make regular back up copies of the data.
Applicant’s General Obligations
1.19 Agrees to keep all passwords confidential and will not divulge them to any other individual. Should there be a lapse in the security the applicant will notify BB Online immediately.
1.20 Agrees to abide by BB Online's acceptable use policy. Violation of our acceptable use policy may result in the suspension or termination of your access to our services - without warning. We also reserve the right to bill any customer for administrative costs and/or reactivation charges incurred.
1.21 Agrees and acknowledges that BB Online is not responsible for any email and/or its contents sent to the client (spam or otherwise) via our mailservers or otherwise.
1.22 Agrees and acknowledges that BB Online may change these terms and conditions at any time.

2. BB Online’s Registration Obligations
BB Online will:
2.1 Process the application in accordance with its current policy on registration and use of domain names in the register of domain names.
2.2 Enter the domain name in the register of domain names on a ‘first-come; first-served’ basis, whether or not BB Online has received payment of the registration fee.
2.3 Notify the Applicant (or agent) of the outcome of the application. If the application is not accepted, BB Online will return the registration fee paid within 28 days .
2.4 Use its reasonable endeavours to ensure that details of the Applicant’s registration are correctly entered and maintained in the register of domin names.

3. Cancellation or Suspension of Registration.
3.1 If the Applicant does not pay the fees for registration and renewal of a domain name within 14 days of BB Online’s invoice, BB Online may cancel the registration of that domain name without further notice to the Applicant. If a domain name is cancelled for non-payment of fees, it may transferred to BB Online and may be made available again.
3.2 In exceptional circumstances, BB Online may cancel or suspend the registration of a domain name or transfer ownership of a domain name to or from BB Online UK Limited. Registration and renewal fees will not be refunded where a domain name is cancelled or suspended in any exceptional circumstances. ‘Exceptional circumstances’ include, but are not limited to, the submission to BB Online of false or misleading information by the Applicant in an application for registration of a domain name; breach of this contract by the Applicant; situations where registration would, in BB Online's opinion, put BB Online in breach of statutory or regulatory obligations or the terms of any court order; or where continued registration of a particular domain name would conflict with BB Online’s policy on registration and use of domain names in the register of domain names which is in force at that time.
3.3 An Applicant may ask BB Online to cancel the registration of a domain name at any time by notice in writing to BB Online. BB Online will remove the registration from the register of domain names within 30 days of receiving the Applicant’s notice. No refund of any registration or renewal fees will be made.
3.4 An Applicant understands that failure to supply true and correct data as in clause 1.1 may result in BB Online cancelling the registration and deleting the domain(s) without notice.

4. Transfers
4.1 No domain name is owned by any Applicant and an Applicant only has the right to use a domain name registered in the register of domain names, for so long as registration and renewal fees are paid (and subject to BB Online’s cancellation rights referred to previously). ‘Transfers’ to a third party of the right to use a domain name registered in the register domain names can only be made by the third party applying for registration of the domain name, with the present Applicant’s consent, and on payment of the registration fee in force at the time. If the domain name is not in dispute BB Online will process that application in accordance with its policy on registration / use of domain names and its Terms and Conditions, in force at that time.
4.2. You may not transfer a domain whilst it is iindispute.
4.3 You may not move your domain name to another registrar during an applicant transfer, moving registrars may only take place 60 days after such a transfer.

5. Applicant’s Indemnity to BB Online and its personnel.
5.1 The Applicant understands that BB Online does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.
5.2 The Applicant agrees to indemnify and hold harmless each of BB Online, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicant’s domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.

6. Applicant’s Indemnity to Network Solutions Registry INC ("NSI") and its personnel.
6.1 The Applicant understands that NSI does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.
6.2 The Applicant agrees to indemnify and hold harmless each of NSI, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicant’s domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.

7. Applicant’s Indemnity to - Public Interest Registry ("PIR") and its personnel.
7.1 The Applicant understands that PIR does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.
7.2 The Applicant agrees to indemnify and hold harmless each of PIR, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicant’s domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.

8. BB Online’s Liabilities.
8.1 All implied conditions and warranties by BB Online are excluded.
8.2 BB Online will not be liable for any loss of profit, loss of anticipated savings, or any other commercial damage including, but not limited to, special incidental, consequential, business interruption or other indirect damages, under any cause of action arising out of, or relating to, this contract even if BB Online has been advised of the possibility of such damages. Subject to statute, the liability of BB Online to the Applicant for any claim arising out of or relating to this contract, or for negligence in the performance of this contract, does not exceed the aggregate amount paid to BB Online by the Applicant for registration and renewal fees in the current period of registration.

9. Bulk Access of Data.
9.1 BB Online will provide bulk access to the whois data as manadated by ICANN, subject to the following restrictions..
9.2 The data is not used to allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
9.3 The data is not to be used to enable high-volume, automated, electronic processes that apply or affect the Registrar (or its systems).
9.4 The data is not to sold or redistributed except insofar as it has been incorporated by the requesting third party into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.
9.5 Registrar enables domain name holders who are individuals not to have Personal Data concerning their registrations available for bulk access for marketing purposes based on Registrar's "Opt-Out" policy.

10. Violations of BB Online's Acceptable use policy
The following constitute violations of this acceptable use policy:
10.1 Illegal use. Using the services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, national or international law.
10.2 Threats. Using the services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
10.3 Harm to minors. Using the services to harm, or attempt to harm, minors in any way.
10.4 Harassment. Using the services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
10.5 Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes" , "chain letters" , etc.
10.6 Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
10.7 Unsolicited commercial email/Unsolicited bulk email. Using the services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
10.8 Unauthorised access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BB Online's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
10.9 Copyright or trademark infringement. Using the services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
10.10 Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
10.11 Reselling the services. Reselling the services without BB Online's authorisation.
10.12 Network disruptions and unfriendly activity. Using the services for any activity which adversely affects the ability of other people or systems to use BB Online services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner.
10.13 Long Connections and Multiple Logins. Customers may not use the services on a standby or inactive basis in order to maintain a connection. Accordingly, BB Online maintains the right to terminate any customer's connection following any extended period of inactivity as determined by BB Online.
10.14 Exceeding Web Site Size and Traffic Limitations: Each customer's webspace is allocated a certain amount of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds either its maximum size or its maximum monthly allotment of traffic, the site may become unavailable and you will be required to upgrade your hosting package accordingly. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools.

11. When registering .INFO names the registrant agrees:
11.1 Consent to the use, copying, distribution, publications, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of the Registry / Registrar license agreement;
11.2 Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and the Sunrise Dispute Resolution Policy (SDRP).
11.3 Immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name.
11.4 Acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

12. When registering .BIZ names, the registrant agrees
12.1 to provided data which is true, correct, up to date and complete. The registrant will keep the information provided above up to date.
12.2 that registered domain name will be used primarily for bona fide business or commercial purposes and not
(i) exclusively for personal use; or (ii) solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation.
12.3 that they have the authority to enter into the registration agreement
12.4 the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

13. .Biz Dispute Resolution Services
13.1 The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp;
(ii) The Start-up Dispute Resolution Policy ("SUDRP"), available at http://www.neulevel.biz; and
(iii) The Restrictions Dispute Resolution Criteria and Rules found at http://www.neulevel.biz
The SUDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Start-up Intellectual Property Notification Service ("SIPNS"). SIPNS is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the SUDRP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

14. Reservation
14.1 The registry Operator reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) for violations of this Agreement and its Exhibits; or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.

15. Other Domain Names
15.1 Other domain names are supplied subject to the terms and conditions of the registry responsible for the name. These terms and conditions are include but not limited to the list below.
15.1.1 .cd domain names are subject to "the dot CD registry's" terms and conditions of sale, found at http://www.cd/conditions.en.html . 15.1.2 .ie domain names are subject to "the .ie Domain Registry's" terms and conditions of sale, found at http://www.domainregistry.ie .
15.1.3 .co.uk and org.uk domain names are subject to "Nominet UK Ltd's" terms and conditions of sale, found at http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html .
15.1.4 .dk domain names are subject to "DK Hostmaster's" terms and conditions of sale, found at http://www.dk-hostmaster.dk .
15.1.5 .se domain names are subject to "NIC-SE AB's" terms and conditions of sale, found at http://www.nic-se.se .
15.1.6 .it domain names are subject to "Registration Authority Italiana's" terms and conditions of sale, found at http://www.nic.it/RA/index.html .
15.1.7 .ch domain names are subject to "The Swiss Education & Research Network's" terms and conditions of sale, found at http://www.switch.ch/id/terms/ .
15.1.8 .at domain names are subject to "Nic At's" terms and conditions of sale, found at http://www.nic.at/en/agb/ag_agb.asp .
15.1.9 .uk.com and eu.com domain names are subject to "CentralNic's" terms and conditions of sale, found at http://www.centralnic.com/page.php?cid=71 .


16. Force Majeure
16.1 All domains are subject to any changes that may be made by its owner and/or administrator. i.e. ICANN in the case of top level domains, and / or the country code administrator in the case of country codes. Any such changes are outside the control of BB Online, agents, partners, directors and employees.
16.2 BB Online, agents, partners, directors and employees will not be responsible for any losses or damages ,direct or indirect resulting from any failure to perform any obligation or provide service hereunder because of any Force Majeure, or govenmental acts or directives, strikes, riot or civil commotion, war, any natural disaster, equiptment failures or shortages, or any other similar force or condition outside BB Online's control.

17. General.
17.1 These terms and conditions constitute the entire agreement between the Applicant and BB Online for the registration and maintenance of the domain name, email redirection and webhosting. They supersede any previous agreements, negotiations, promises or representations, whether verbal or written. If there is any inconsistency between these Terms and Conditions and other material on BB Online’s websites, then it is these Terms and Conditions that apply.
17.2 If any, or any part, of these Terms and Conditions is held to be invalid or unenforceable, then this will not affect the remainder of this contract between the Applicant and BB Online, which shall continue to be binding.
17.3 This contract shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
17.4 Notices to be given under this contract shall be in writing and shall be served personally or sent by first class pre-paid post, addressed: * to BB Online, at its registered office; * to the Applicant, at the address registered for the Applicant (or agent) in the register of domain names.

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