These are the terms and conditions of a Contract for the registration, use and maintenance of a domain name in the register of supplied domain names, which is made between the person or organisation applying to register the domain name ("the Applicant") and All Secure Networks ("All Secure Networks").
1. Applicants Registration Obligations
The Applicant :
1.1 Warrants to All Secure Networks that the details submitted in the application to All Secure Networks are true and correct and undertakes to notify All Secure Networks promptly of any change that occurs to those details.
1.2 Warrants to All Secure Networks that the domain name does not, directly or indirectly, infringe the rights of any third party.
1.3 Will pay the registration and maintenance fees within 28 days of All Secure Networks invoice for those fees.
1.4 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.
1.5 Has a valid postal/contact address.
2. All Secure Networks Registration Obligations
All Secure Networks will:
2.1 Process the application in accordance with its current policy on, registration and use of domain names, in the register of the selected domain names register.
In accordance with that policy, All Secure Networks will refuse registration of the domain name if the proposed name is either already registered in the register(s) of that domain name or is on All Secure Networks list of reserved words; or if in All Secure Networks, absolute discretion, it is of the opinion that:
* the proposed name is obscene or offensive;
* the proposed name appears likely to infringe the rights of a third party;
* the proposed name is, for any reason, otherwise unsuitable.
2.2 Enter the domain name in the register of the required domain name(s), on a .first-come; first-served. basis, whether or not All Secure Networks 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, All Secure Networks will return the registration fee paid within 28 days .
2.4 Use its reasonable endeavours to ensure that details of the Applicants registration are correctly entered and maintained in the register of . domain 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 30 days of All Secure Networks invoice, All Secure Networks 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 will be made available again for registration 30 days later.
3.2 In exceptional circumstances, All Secure Networks may cancel or suspend the registration of a domain name by notice in writing to the Applicant (or agent). 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 All Secure Networks 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 All Secure Networks opinion, put All Secure Networks 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 All Secure Networks policy on registration and use of domain names in the register of that domain name(s) which is in force at that time.
If a domain name is cancelled in exceptional circumstances, it will only be made available again for registration in All Secure Networks discretion.
3.3 An Applicant may ask All Secure Networks cancel the registration of a domain name at any time by notice in writing to All Secure Networks . All Secure Networks will remove the registration from the register of . domain names within 30 days of receiving the Applicants notice. No refund of any registration or renewal fees will be made.
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 that domain name(s), for so long as registration and renewal fees are paid (and subject to All Secure Networks cancellation rights referred to previously). Transfers to a third party of the right to use a domain name registered in the register of that domain name(s) can only be made by the third party applying for registration of the domain name, with the present Applicants consent, and on payment of the registration fee in force at the time. All Secure Networks will process that application in accordance with its policy on registration and use of domain name(s) in the register of the domain name(s), and its Terms and Conditions, in force at that time.
4.2 All Secure Networks may transfer this contract without the consent of the Applicant.
5. Applicants Indemnity to All Secure Networks and its personnel
5.1 The Applicant understands that All Secure Networks does not accept any liability in respect of the use by the Applicant of a domain name in the register of the domain name(s) 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 the domain name(s) 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 All Secure Networks , 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 Applicants 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. All Secure Networks' Liabilities
6.1 All implied conditions and warranties by All Secure Networks are excluded.
6.2 All Secure Networks 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 All Secure Networks has been advised of the possibility of such damages. Subject to statute, the liability of All Secure Networks to the Applicant for any claim arising out of or relating to this contract, or for negligence in the performance of this contract, exceed the aggregate amount paid to All Secure Networks by the Applicant for registration and renewal fees in the current period of registration.
7.1 These terms and conditions constitute the entire agreement between the Applicant and All Secure Networks for the registration and maintenance of the domain name. 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 All Secure Networks website, then it is these Terms and Conditions that apply.
7.2 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 All Secure Networks , which shall continue to be binding.
7.3 This contract shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
7.4 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 All Secure Networks, at its registered office; * to the Applicant, at the address registered for the Applicant (or agent) in the register of the domain name(s).