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| 1. The Service |
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| In order to provide you with the domain name service (the "Service") BT uses the services of a third party, Register.com, who may undertake aspects of the Service on our behalf, including contacting you regarding your Service. Whilst BT is providing you with the Service you will be bound by these terms and conditions, however in the event that BT withdraws the Service within the term of your agreement with BT, your Service will be transferred to Register.com for the remainder of your term, subject to your agreeing to Register.com's terms and conditions of service existing at the time of transfer. |
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| 2. Domain Name Registration, Administration and Renewal Services |
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| General Domains: |
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| a. | Generic Top Level Domain Registrations |
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| Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names including .com, .net, .org, .biz, .info, .name and .pro ("gTLDs"). BT also may, in its sole discretion, accept applications to register and renew certain gTLD names in non-roman alphabet languages (e.g., Japanese, Chinese, and Korean). |
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| You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. |
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| b. | Country Code Top Level Domain Registration and Administration |
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| In addition to registering and renewing gTLD domain name registrations, Register.com may, on BT's behalf, register and renew various country code top level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. (Click here for the terms and conditions of each available ccTLD). BT may, in its sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs. |
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| c. | .eu Domain Registrations |
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| You guarantee meeting all requirements to obtain or renew the .eu Domain Name registration, in particular the requirements of EU Regulation 733/2002 and EC Regulation 874/2004 and accept EURid Terms and Conditions:
http://www.eurid.eu/en/shared/documents/file_folder.2005-10-25.5121442941/terms_and_conditions_en.pdf |
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| You agree to be bound by all terms and conditions set by EURid about Dispute Resolution Rules. The .eu Dispute Resolution Rules lay down the principles for the resolution of disputes against a domain name holder as set out under Paragraph 22(1)(a) of Commission Regulation (EC) No 874/2004. |
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| .mobi Domain Names |
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| 1. mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry. |
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| 2. You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the StyleGuide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes in the time allotted. |
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| 3. You must comply with all ICANN and .mobi registry and registry administrator's standards, requirements, policies, procedures and practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi. You agree that your registration of any .mobi domain name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time to time.
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| 4. You acknowledge and agree that the .mobi registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; to avoid any liability, civil or criminal, on the part of the registry or any registrar in connection with a domain name registration. The registry also reserves the right to freeze a registered name during resolution of a dispute.
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| d. | No Guarantee of Registration or Renewal |
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| As a domain name registrar, BT is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide BT to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful. |
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| You acknowledge and agree that BT does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that BT cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that BT is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that BT may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that BT is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. |
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| e. | Your Representations |
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| By applying to register a domain name, or by asking BT to maintain or renew a domain name registration, you hereby represent and warrant to BT that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or BT's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights. |
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| f. | Domain Name Registrant |
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| When registering a domain name with BT, you will be asked to designate a registrant for the domain name. The registrant of a domain name possesses all rights granted by BT under this Agreement to act with respect to that domain name and any other services obtained from BT for use with that domain name. These rights include (but are not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services. |
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| If a registrant transfers a domain name to another registrar or to a new registrant, the bt services associated with that domain name may terminate following the transfer. |
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| g. | Administrative Contact |
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| During the registration process or thereafter, you must also designate a registrant contact. The registrant contact will be listed as the administrative contact. The registrant is responsible for all actions or omissions of the administrative contact. |
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| h. | Coming Soon Web Page |
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| All domain names registered through BT are pointed to a "Coming Soon" Web page, which informs visitors that the registrant has recently registered their domain name via BT. The Coming Soon Web page may be modified at any time by BT without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by BT, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. |
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| i. | Transfer Lock. |
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| You acknowledge and agree that BT will place your domain name on transfer lock, which helps to prevent unauthorised transfers. When a name is in a "locked" status, it cannot be transferred to another registrar, even if the transfer is initiated by you. If you would like to transfer your name to another registrar while it is on "locked" status, you must first unlock your domain name by emailing the appropriate customer service team. Locking does not interfere with your ability to make DNS and contact changes to your domain name. |
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| j. | Provisions for Non-Roman Alphabet Names |
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| You acknowledge and agree that BT cannot guarantee the functionality of non-roman alphabet language domain names, or that its non-roman alphabet language registration service will be error-free, in that BT cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, you acknowledge that BT or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards that apply to such registrations. |
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| 3. Web Site Forwarding |
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| Web Site Forwarding provides you with the capability to forward visitors to a domain name residing on BT's DNS servers to a Web site designated by you (a "forward to address"). You acknowledge and agree that you may use Web Site Forwarding to link your domain name to a forward to address, but you may not use Web Site Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of BT's rules or policies, for the forwarding of a domain name not registered in your name, the forwarding to an invalid forward to address, or the unauthorised forwarding to a third party Web site. |
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| You agree and acknowledge that BT may place advertising banners of BT or third parties into any Web site(s) using the free Web Site Forwarding service. |
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| 4. Web Site Hosting |
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| BT web site hosting services provide the ability to create and publish Web sites. The current pricing and features available within these packages are set out on the www.bt.com/domains website. |
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| BT web site hosting services are available on annual subscription and it is your responsibility to renew your subscription to ensure the maintenance of the service. Any web site hosting not renewed will be withdrawn from the date of required renewal and all content deleted. |
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| By ordering BT web site hosting services through bt.com/domains in addition to agreeing to abide by these terms and conditions you further agree to abide by all applicable laws and regulations and with BT's Acceptable Use Policy at http://www.abuse-guidance.com/. |
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| BT web host services are provided with copyrighted digital content, including but not limited to web templates, images, photographs and animations. You may incorporate the digital content into you own original work and publish your work to the website provided that: |
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| a. | the digital content is incorporated for viewing purposes only and no permission is given to download and save the digital content for any reason; and |
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| b. | you have an active BT web hosting account provided through bt.com/domains |
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| 5. Electronic Mail |
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| BT domains are not provided with incorporated email services. Additional terms and conditions apply to BT's email and BT does not guarantee that email services and your domain name will be preconfigured to interoperate. It is Your responsibility to make appropriate changes to your Domain Name settings to work with BT provided email. |
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| BT provides systems and services that allow you to create up to 10 (ten) email "alias" addresses based on your domain – i.e. you@yourdomain.co.uk and will autoforward email sent to or from that address to your nominated email address. BT does not guarantee that autoforwarded mail interoperates with all mail provider's systems and you may have to check with your existing email provider to check interoperability. |
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| 6. Fees, Service Term, Renewals. |
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| a. | Fees, Service Term, Renewal Reminders. |
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| As consideration for the Service(s), you agree to pay BT the applicable Service(s) fees set forth on our Web site at www.bt.com/domains at the time you request the Service from BT. All fees are due immediately and are non –refundable, except as otherwise expressly stated in these terms and conditions. We reserve the right not to accept payment by cheque or cash. Each domain name registration is for a two – year initial term, or such longer term as made available through the BT ordering and renewal screens. |
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| Any renewal of your Services with BT is subject to our then –current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. We will attempt to provide you a renewal reminder prior to the renewal of your Services at least fifteen (15) days in advance of the renewal date. In the case of domain name registrations, BT will attempt to send this reminder by email to the administrative contact and registrant on file for the domain name registration. Additional payment terms apply to certain BT Services, as set forth in this Agreement. |
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| In the event of a charge back by a credit card company (or similar action by another payment provider allowed by BT) or other non–payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, cancelled or terminated, in BT's sole discretion, or, in the case of a domain name, transferred to BT as the entity that has paid the applicable fee to the registry or otherwise modify the contact information in the WHOIS record for such domain name registration to include BT's contact information or that of a third party. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to (a) make the domain name registration available to other parties for purchase; and (b) to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by BT, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, BT's Web site, BT's product and service offerings, third–party Web sites, third–party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of such domain name registration. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then–current reinstatement fee. Failure to renew Web site hosting packages will result in immediate cessation and deletion of all packages and hosted content. |
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| All fees are non–refundable, in whole or in part, if your service is suspended, cancelled or transferred by BT prior to the end of the then–current service term due to your breach of these terms and conditions. BT reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you. |
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| You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. |
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| You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then–current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed, even if a registry administrator or third party service provider provides a grace period to BT upon expiration or termination of such Service. You acknowledge that post–expiration renewal or redemption processes implemented on your behalf are subject to our then–current fees (click here to view). |
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| Specifically, with respect to domain names, you acknowledge and agree that BT may, upon expiration or termination, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, (iii) sell or auction the domain name; or (iv) otherwise make such domain name available to third parties. Any expired gTLD domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between 35 and 45 days from the expiration date. |
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| In addition, upon expiration of a domain name registration, BT may elect, at its sole discretion, to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by BT, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, BT's Web site, BT's product and service offerings, third–party Web sites, third–party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of the expired domain name registration. Additionally, you agree that we may modify the contact information in the WHOIS record for the expired domain name registration to include BT's contact information or that of a third party. |
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| b. | Services Enrolled in Automatic Renewal. |
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| BT does not automatically renew domain names or hosting accounts registered through BT. We will attempt to provide you a renewal reminder prior to the renewal of your Services fifteen (15) days in advance of the renewal date. |
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| BT will attempt to send this reminder by email to the administrative contact and registrant on file for the domain name registration. It is your responsibility to initiate the renewal of your domain name by following the instructions in this email. |
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| c. | Your Obligations. |
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| You are solely responsible for the credit card and billing contact information you, your agents or Assignees provide to BT and you acknowledge and agree that you will promptly inform BT of any changes thereto (e.g., change of expiration date or account number). |
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| You are solely responsible for ensuring the Services are renewed. BT shall have no liability to you or any third party in connection with the renewal or any attempt to renew the services as described herein, including, but not limited to, any failure or errors in renewing or attempting to renew the services. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement. |
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| 7. User Name and Password; Account Manager |
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| a. | Your Responsibility. |
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| The first time you apply to use the Service, you will be given a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name, password and any secret question/secret answer you select from any unauthorised use, including by your agents and Assignees. In no event will BT be liable for the unauthorised use or misuse of your user name or password. |
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| You will be able to access and manage the Service via account management webpages ("account manager"). You acknowledge that the functionality of the account manager will differ based on the date of registration, as well as whether or not the domain name lists BT's domain name servers as authoritative for the domain name. You further acknowledge that any changes you make through the account manager may take as long as 72 hours to become effective or may not become effective at all. |
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| 8. Security |
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| You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with a registered domain name, including those of your agents, assignees and other users to whom you give e–mail accounts associated with your domain name(s) ("E–mail Users"). You agree to notify BT immediately of any unauthorised uses of the account or any other breaches of security. You acknowledge and agree that BT cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents, assignees or E–Mail Users, including any damages of any kind incurred as a result of such acts or omissions. |
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| 9. Changes to this Agreement or to Additional Rules or Policies |
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| You agree that BT may modify this Agreement, as well as any additional rules or policies that are or may be published by BT, as necessary to comply with BT's and it's partner's ICANN agreement, or with any other agreements that BT is currently bound by or will be bound by in the future, or for any other reason in BT's sole discretion. |
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| Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time (including, without limitation, changing service providers or subcontractors for e–mail and other Services provided under BT's name). Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e–mail address or postal address (by United States mail) provided by you for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from BT; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through BT shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by BT, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by BT from time to time. If any changes made are to your detriment any fees paid in advance will be refunded on a pro–rata basis only proportional to the outstanding length of the term of the agreement. |
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| Except as set forth in this Section 10, no employee, contractor, agent or representative of BT or its subsidiaries is authorised to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorised officer of BT. |
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| 10. Information and Its Use |
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| You hereby acknowledge and agree that, in connection with your use of certain of BT's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. |
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| In addition to such other information that BT may require you to provide in order to obtain the Services, BT requires that you submit the following information in connection with domain name registration, administration and renewal services. |
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| a. | Domain Name Registration, Administration and Renewal Services |
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| The information you are obligated to provide and keep current in connection with your use of BT's domain name registration, administration, and renewal services is the following:
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| i. | Your full name (or the name of the entity and authorised contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available; |
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| ii. | The domain name being registered; and |
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| iii. | The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, |
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| You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed, in BT's sole discretion. |
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| b. | Additional Information Maintained |
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| In addition to the information you provide, we maintain records relating to any domain name application received by BT, as well as any domain name registered through, administered, or renewed by BT. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to: |
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| I. | The original creation date of a domain name registration, renewal, or request for Services; |
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| II. | The submission date and time of a registration or renewal application, or request for Services to BT and by BT to the proper registry; |
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| III. | Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and BT; |
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| IV. | Records of your account, including dates and amounts of all payments and refunds; |
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| V. | The IP addresses of the primary nameserver and any secondary nameservers for the domain name; |
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| VI. | The corresponding names of those nameservers; |
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| VII. | The name, postal address, email address, voice telephone number, and where available, fax number of various contacts for the Services; |
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| VIII. | The expiration date of a domain name registration; and |
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| IX. | Information regarding all other activity between you and BT regarding your use of the Services. |
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| b. | Accurate Data |
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| In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. |
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| You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Service(s), in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by BT concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration. |
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| Without limiting your obligations under this Section 11(c) of the Agreement, you agree that BT (itself or through its third party service providers) is authorised, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that BT may use such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges). |
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| c. | Disclosure and Use of Information |
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| You acknowledge and agree that your data will be dealt with in accordance with BT's Privacy Policy |
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| One of the ways that BT may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with BT. |
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| d. | Communications |
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| You acknowledge and agree that communications with BT are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of BT. |
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| 11. Ownership of Data |
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| You acknowledge and agree that BT owns all database, compilation, collective and similar rights, title and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to BT a nonexclusive, worldwide, perpetual, irrevocable, fully paid–up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration or other Service, (b) the expiration date of a domain name registration or other Service, (c) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant contact, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or BT database, and (e) any other information we generate or obtain in connection with the provision of the Services. BT does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and BT databases, as set forth in this Section 12. |
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| 12. Transfers; Agents and Licenses |
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| You agree that, subject to paragraph 1, you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with BT, or at any time after its expiration date unless the domain name is renewed with BT prior to initiation of the transfer of registrar. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our then–current policies and procedures incorporated herein by reference. |
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| You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm. |
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| 13. System Performance Degradation |
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| BT depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to BT's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, BT reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or travelling to the identified sources of the high volume traffic. BT will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. BT further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. |
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| Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in BT's absolute discretion. |
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| 14. Limitation of Liability |
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| BT has no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted. |
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| Any liability BT has of any sort (including liability for negligence) is limited to the total amount paid by you for the services, or ?500 whichever is the lesser. |
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| Each provision of this paragraph 14 operates separately in itself and survives independently of the others. |
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| Our liability under this paragraph 14 is limited to the maximum extent permitted by law. |
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| 15. Indemnification |
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| You agree to defend, indemnify and hold harmless BT, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable legal fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. |
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| You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name. |
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| 16. Disclaimer of Warranties |
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| Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can. |
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| Without any limitation to the foregoing, BT makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunise you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. |
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| 17. Suspension, Cancellation, Transfer or Modification of Service(s) |
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| You acknowledge and agree that BT may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in BT's sole discretion and without notice to you. You also acknowledge and agree that BT shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, BT may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration or Web site host service (a) to correct mistakes made by BT, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by BT, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (f) if you use a domain name or associated website in connection with unlawful activity or (g) if you use the domain name or associated website contrary to BT's Acceptable Use Policy at http://www.abuse–guidance.com/. |
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| You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including BT) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that BT shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as BT receives what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration. |
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| 18. Governing Law |
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| English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts. |
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| 19. Notices & Contacting BT |
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| You acknowledge and recognise that all contact with BT in the first instance should be made via our support website www.bt.com/domains and email:
support@btdomainsaccount.com |
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| You agree that BT is not obliged to offer telephone support specifically for your Domain Name. BT will endeavour to respond to all email requests within one working day however all dates are estimates. |
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| 20. Conflicts with other Agreements. |
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| In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) provided by BT's third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates to any rights and remedies as between you and BT. |
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| 21. Entire Agreement; Section Headings |
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| This Agreement as well as any additional BT rules and policies, together with all modifications thereto, constitute the entire agreement between you and BT concerning your use of the Services, and supercede and govern all prior proposals, agreements or other communications between you and BT (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other BT Services, third–party content or third–party software. The section titles in the Agreement are for convenience only and have no legal or contractual effect. |
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| 22. Force Majeure. |
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| Neither party shall be liable for any delay or failure to perform its obligations pursuant to these terms and conditions if such delay is due to a circumstance beyond the reasonable control of either party which results in a party being unable to observe or perform on time an obligation under these terms and conditions ("Force Majeure"). |
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| If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party's obligations will be suspended. |
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| If a delay or failure by a party to perform its obligations due to Force Majeure exceeds 30 days, BT may immediately terminate these terms and conditions on providing notice in writing to the other party. |
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| 23. General |
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| Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without BT's prior express written consent. |
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| Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by BT to any non–party or assignee to this Agreement. |
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| Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right. |
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