1.1. These Terms and Conditions set forth the Registration Agreement between you and BritSEO.co.uk. In this Agreement BritSEO.co.uk shall be referred to as “BritSEO”, “we”, “us”, “our” and you shall be referred to as “The Customer”, “you” or “your”.
1.2. BritSEO operates as a supplier of domain names to the Internet community. By opening a BritSEO.co.uk account and registering a domain name through us, whether for your own use or as an agent or person who uses us to register domains on behalf of a third party, you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to accept these Terms and Conditions as binding upon you. By registering a domain name through us as agent or person who uses us to register domains on behalf of a third party, you warrant that you are authorised to act in that behalf and you further accept these Terms and Conditions as agent for and on behalf of that third party, so that such third party is bound by the same.
1.3. “Registration Agreement” where used in these Terms and Conditions means the contract for the supply of a domain name/domain names between you and us, which incorporates these Terms and Conditions.
1.4. “Account Holder” where used in these Terms and Conditions shall mean a Customer who has agreed to these Terms and Conditions.
1.5. “Account” where used in these Terms and Conditions shall mean a credit balance maintained in the books of BritSEO representing a sum in cleared funds available for the purchase of domain names on the Customer’s behalf. BritSEO shall be authorised to debit from the amount standing to the credit of the Account at any time the fees payable in respect of any domain names the Customer has notified to BritSEO in writing that it wishes to purchase. BritSEO shall not be required to hold monies in accounts separately from its general funds nor shall it be under a trustee or other fiduciary relationship in respect of the same.
1.6. “writing” “written” and cognate expressions where used in these Terms and Conditions shall include all material expressed or transmitted in electronic form. Any notice or information relating to the performance of the Registration Agreement which is sent by us using electronic mail to the last electronic mail address notified by you to us, will be deemed (subject to contrary proof) to have been duly served on you unless we are notified by our email systems that it has not been duly delivered.
1.7. “Nominet” “Nominet” where used in these Terms and Conditions shall refer to Nominet Registry a UK based company which operates as the domain name registry for the .co.uk gTLD domain amongst others. http://www.nominet.org.uk
1.8. “Consumer” where used in these Terms and Conditions means any Customer who is not registering or intending to use the domain name(s) in the course of a business, trade or profession.
1.9. “DNS” where used in these Terms and Conditions refers to the Domain Name System, a powerful Internet technology for converting domain names to IP Addresses. Where DNS is specified it refers to DNS and DNSSEC which are security extensions that encompass a set of protocols that add a layer of security to the Domain Name System lookup and exchange processes.
1.91. “Compromise” where used in these Terms & Conditions refers to the either a Cyber Attack on a network, system or data resource and is otherwise known as a security breach.
1.92. “DNS Management” where used in these Terms and Conditions is a service, which allows domain owners to manage their DNS Records.
REGISTRY SPECIFIC TERMS
2.1. The service to be provided by BritSEO.co.uk under the Registration Agreement facilitates the registration of your selected domain name(s) with the Registry Operator responsible for issuing domain registrations of your chosen domain type. By using the BritSEO.co.uk service to register your domain name(s) you shall be bound by any Terms and Conditions specific to the Registry Operator responsible for your chosen domain type(s) (in addition to being bound by clauses 1 to 23 inclusive of these Terms and Conditions, which shall apply as extended, modified or varied by the Registry specific Terms and Conditions which are binding upon you).
3.1. BritSEO.co.uk may make available to you upon your request a catch-all mailbox service and/or an individual mailbox forwarding service, in respect of any domain name you register through us. You can opt to be provided with either or both of these services by modifying your account to set up these services. By doing so you represent and warrant that you have the right to authorise the forwarding of e-mails involved in the service(s) requested.
3.2. The catch-all mailbox service: You acknowledge and agree that in the event that you subscribe to the catch-all mailbox service, any electronic mail sent to the e-mail box of any user of your domain name for which you have set up this service (e.g. firstname.lastname@example.org) will also be sent to the e-mail box set up for the catch-all mailbox service. You further acknowledge and agree that in the event that your domain name registration is terminated, any future registrant of your terminated domain name that subscribes to the catch-all mailbox service with us may receive e-mails intended for receipt by you or a former user of your e-mail service, and you agree that BritSEO.co.uk shall have no liability for any loss or damage whether direct or indirect in respect thereof.
3.3. The individual mailbox forwarding service: This is a service whereby any e-mails sent to the e-mail box of any domain name(s) for which you have selected this service (and which has/have been registered through us) may be forwarded to one or more other individual e-mail addresses/accounts belonging to you.
3.4. You warrant that you will not and neither will you suffer or permit any other party to use either the catch-all mailbox service or the individual mailbox forwarding service:-
3.4.1. for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list; or
3.4.2. in any way whatsoever which would contravene any applicable legislation or the generally accepted rules for Internet and e-mail usage.
3.5. You shall have sole responsibility for notifying us that any e-mail forwarding service provided to you hereunder should be terminated or changed in any way (in the event of termination of the domain registration or any changes in the e-mail addresses, for which the service is set up) and for notifying all such third parties as may be necessary of any changes to or discontinuation of any of your e-mail addresses. BritSEO.co.uk shall have no liability for any loss or damage whatsoever which arises directly or indirectly from your failure to make any such notifications.
3.6. You shall indemnify and keep Britseo.co.uk fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of your obligations under this clause 3.
3.7. Without prejudice to any other rights or remedies which BritSEo.co.uk may have in the event of any breach of your obligations under this clause 3,BritSEO.co.uk shall in the event of any such breach have the right to terminate without notice to you any provision to you of the catch-all mailbox service and/or individual mailbox forwarding service. On doing so, BritSEO shall not be obliged to store any e-mails or to forward any unsent e-mails to you or a third party.
3.8. Because these e-mail forwarding services are free of charge, we reserve the right to terminate their provision to you by giving thirty (30) days written notice to you. This clause 3.8 does not affect our rights to terminate under clause 3.7 above and for the avoidance of doubt, BritSEO.co.uk shall have no obligation to provide either of the services in respect of any domain name after termination (howsoever arising) of the Registration Agreement in respect of such domain name.
4.1. BritSEO may make available to you upon your request a URL forwarding service in respect of the domain name(s) you register through us. This service comprises the automatic forwarding of Internet users who type in your domain name on the address bar of their Internet browser, to another domain name designated by you. You can opt to be provided with this service by modifying your account to set up this service in respect of your chosen domain name(s). By opting for this URL forwarding service you represent and warrant that you have the right to authorise such forwarding.
4.2. Without prejudice to any other rights or remedies which BritSEO.co.uk may have, you agree that we have the right at our sole discretion to suspend or terminate your URL forwarding service without notice to you in the event of any breach of any of your obligations under this clause 4, or if we determine in our sole discretion that your service is being used for any unlawful or harmful purpose, or is forwarding users to a website or URL which is inappropriate or offensive, or in order to deal with any complaint from any third party in relation to any URL forwarding involved in your URL forwarding service.
4.3. You shall indemnify and keep BritSEO.co.uk fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of your obligations under this clause 4.
4.4. Because this URL forwarding service is free of charge, we reserve the right to terminate its provision to you by giving thirty (30) days written notice to you. This clause 4.4 does not affect our rights to terminate under clause 4.2 above and for the avoidance of doubt, BritSEO.co.uk shall have no obligation to provide the service in respect of any domain name after termination (howsoever arising) of the Registration Agreement in respect of such domain name.
4.5. All domain names registered through BritSEO.co.uk that use BritSEO.co.uk name servers are pointed to a “Coming Soon” Web page which informs visitors that the registrant has recently registered their domain name via BritSEO.co.uk. The “Coming Soon” Web page may be modified at any time by BritSEO.co.uk without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by BritSEO.co.uk, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a “Coming Soon” Web page, please change the name servers on your domain name to use alternative name servers than those of BritSEO.co.uk or use your BritSEO.co.uk account to opt-out of the “coming soon” web page for each of your domain names.
5.1. The Customer grants to BritSEO.co.uk, for the duration of the Contract, a non-exclusive, non-transferable licence to host the Customer Website in accordance with the provisions of the Contract, solely for the purposes of providing the Services and availability of the Website over the Internet.
5.2. The Customer shall be primarily responsible for publishing and updating the Customer Website, where, exceptionally and as part of a technical service request initiated by the Customer and accepted by BritSEO.co.uk, BritSEO.co.uk agrees to update the Customer website. The Customer will provide all Customer Material which the Customer wishes BritSEO.co.uk to post on the Customer Website in a condition which shall be “server-ready” and which requires no additional manipulation on the part of BritSEO.co.uk. BritSEO.co.uk shall be under no obligation to validate such Customer Material for content, correctness, legality or usability and the Customer shall retain its own copies of all such Customer Material.
5.3. The Customer recognises that using BritSEO.co.uk Website Hosting Services requires a certain level of knowledge on the Customer’s part in the use of Internet languages, protocols and software.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web contents, graphics, sound, text, imagemapping etc;
CGI scripts: requires a knowledge of the UNIX environment, Telnet, Vi, Perl, C Shell, permissions etc.
5.4. The Customer warrants that it has the necessary knowledge referred to in clause 5.3 above and acknowledges that it is not the responsibility of TWS to provide such knowledge or to provide customer support unless otherwise agreed in writing with TWS.
5.5. The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Customer Material appearing on its Website and for its compliance with relevant legislation. For the avoidance of doubt, this clause shall apply to all Material, whether posted on the Customer’s Website by or on behalf of the Customer (whether by BritSEO.co.uk or a third party).
5.6. The Customer warrants, represents and undertakes in relation to all Customer Material (including any Material which it requests TWS to post on the Customer Website) that:
it is not Inappropriate Material;
the Customer either has sole ownership of all Intellectual Property Rights in the Customer Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing the Customer or a third party acting on behalf of the Customer to use the Material and to permit its dissemination worldwide.
5.7. The Customer undertakes not to link to any Inappropriate Material from the Customer Website and, where it becomes aware of any link between the Website and any Inappropriate Material agrees to sever that link forthwith.
5.8. BritSEO.co.uk shall retain the right at all times to refuse to post any Material and to suspend availability of the Customer Website, place a prominent notice on the Customer Website where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another Website containing the alleger’s version of events and/or to remove any Material already appearing on the Website which in the opinion of BritSEO.co.uk may under the laws of any jurisdiction from which it is possible to access the relevant Website:
constitutes or would if posted constitute Inappropriate Material;
breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or
harms or would if posted harm the reputation of BritSEO.co.uk in any way.
5.9. BritSEO.co.uk rights to suspend availability of the Customer’s Website and/or remove content under clause 5.8 above shall be without prejudice to the Customer’s sole responsibility for content of the Website under clause 5.5 and to the warranties given by the Customer relating to that content in clause
5.6. The Customer agrees to co-operate with BritSEO.co.uk in relation to the investigation of any allegations falling within the scope of clause 5.8 above.
5.10. Posting of Material by BritSEO.co.uk on the Customer Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of the Customer’s obligations under the Contract.
5.11. The Customer undertakes fully to virus-check all data and Material supplied to BritSEO.co.uk pursuant to the Contract.
5.12. The Customer undertakes not to embark on any course of action, whether by use of the Customer Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day’s prior notice in writing to BritSEO.co.uk.
5.13. In the event that the Customer, whether by breach of clause 5.5 above or otherwise, uses substantially more Server resources than the average used by them over the previous month or otherwise makes use of the Services which in the reasonable opinion of BritSEO.co.uk is excessive or otherwise to the substantial detriment of the other customers for the Services BritSEO.co.uk reserves the right to suspend or limit the provision of Services to the Customer. BritSEO.co.uk will, where practicable, give the Customer such notice as is reasonably practicable of its intention to operate pursuant to this clause.
5.14. The Customer will be liable for any excess network traffic over the limit as specified in the Price List or as specified by written quotation’ and in the event of any network traffic attributable to the Customer BritSEO.co.uk may charge additional Charges in accordance with clause 8 below.
5.15. BritSEO.co.uk will make every effort to backup customer account data, however will undertake backups on a best efforts basis and we accept no liability for any loss arising from any failure in the backup process. Therefore, we take no responsibilities for the customers data stored on its systems that have been uploaded or stored by the customer. It is the customers sole responsibility to ensure that they have backup copies of their data. BritSEO.co.uk is not responsible, under any circumstances, for any data loss from a Customer’s account. Where a customer has accidentally deleted data from their account BritSEO.co.uk will charge to restore their data at an agreed rate prior to the restore taking place. Restoration of data is provided on a best efforts basis and BritSEO.co.uk provides this bespoke service only on the customers acknowledgement of this caveat.
5.16. The Customer will be liable for any additional charges as set out in the Price List, arising out of excess disk space usage (over the agreed limit) attributable to the customer in the operation of their account, as specified by written quotation or where a customer has completed an online application for services.
6.1. The DNS Management Service is provided solely for the Customer’s own use and the Customer shall not be permitted to resell or attempt to resell the Service (or any part or facility of it) to any third party.
6.2. The Service must not be used:
(a) to send, knowingly receive, upload, download, use or re-use any informationor material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
(b) in any way that cause annoyance, inconvenience or needless anxiety;
(c) to send or provide unsolicited advertising or promotional material, or to knowingly receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party;
(d) other than in accordance with the acceptable use policies of any connected networks and the Internet Standards, or
(e) otherwise in a way that causes BritSEO.co.uk loss or damage.
6.3. The Customer is responsible for obtaining any and all necessary intellectual property right clearances and/or consents in respect of its use of the Service, including any clearance or consent in respect of its proposed Domain Name.
6.4. By using the DNS Management service, the Customer agrees to only manage domain names and IP addresses that it is lawfully in control of. The Customer must not attempt to provision DNS records for domain names that have not been agreed in writing from the domain owner or IP addresses that have not been sanctioned for use by either BritSEO.co.uk or the agreed host provider to which the IP addresses belong.
6.5. It is the Customers responsibility to ensure they have sufficient knowledge to manage their own DNS service and BritSEO.co.uk cannot be held liable for any DNS configuration changes that a customer makes, that results in any down time of loss of service to any services the DNS has been configured for, such as web and email.
6.6. Where a customer configures the DNS service using a CNAME DNS record it is the customers responsibility to avoid pointing domain names to web sites where it does not have express permission from the site owner. Where it has been established that the customer has in error or otherwise pointed the CNAME DNS record to a web site without permission, the customer agrees to remove the DNS entry immediately and BritSEO.co.uk reserves the right to disable the DNS service.
6.7. The DNS service is provided to the Customer as a means to manage various internet services for their domain names and is meant as a entry level DNS Management service for small to medium sized business. Should BritSEO.co.uk deem the service is being used by the Customer in a capacity which is depleting resources or effecting the operation of other DNS Management Customers then it reserves the right to disable or withdraw the service without notice.
THE CUSTOMER’S SECURITY RESPONSIBILITES
7.1. Once you have completed the sign-up process to the BritSEO.co.uk service, you will be given an account identifier (could be an email address or number) and password. You agree to keep safe your password, account identifier and all contact handle information (together “Security Information”) in relation to the BritSEO.co.uk service. You acknowledge that allowing a third party access to any Security Information may compromise the security of Domain Registrant details, credit card details and account information. You agree to indemnify BritSEO.co.uk and hold it harmless in respect of all damages, losses, expenses or costs incurred as a direct result of a compromise in security attributable to you or your having made available Security Information to a third party, whether intentionally or otherwise.
7.2. BritSEO.co.uk employs numerous security features to protect Security Information, Personal Data and the integrity of its various systems that comprise the BritSEO.co.uk platform. BritSEO.co.uk takes security seriously and periodically improves various aspects of its system security by deploying security fixes and performing regular security scans amongst other measures. BritSEO.co.uk monitors system security and resources daily to prevent malicious attacks and reacts immediately to alerts that are generated from security appliances. Every effort is made to protect system resources and we therefore will not be held responsible if any account is compromised by an unauthorised party. We also reserve the right to suspend an account and the services associated with the account until the compromise is identified and remediation action taken to stop it happening again. Whilst the service is suspended we will not be liable for any costs, claims, damages and expenses as a result of the suspension. In these instances we reserve the right to charge for time spent investigating any compromises, and assistance in undertaking remediation action but will notify the account holder of what these charges might be in advance of any remediation taking place.
FEES & PAYMENTS
8.1. You agree to pay BritSEO.co.uk’ fees as specified at the time of purchase in the price list on its web site at www.totalregistrations.com or as indicated in your account for any domain names you select. In applying for the registration of a domain name, you agree to check its availability for registration and the domain name registration details. All fees for any domain names purchased through the BritSEO.co.uk service are due immediately and we are entitled to deduct the same from your Account forthwith. You will not be eligible for any refund in whole or in part once payment has been taken during the registration process and the domain name has been submitted by us for registration, except as otherwise provided under these Terms and Conditions. Please see clause 17 on your right to cancel and claim a refund if you are a Consumer.
8.2. All payments made to your BritSEO.co.uk Account will be used to purchase domain names on your request at a time convenient to you. No domain names can be purchased without sufficient funds in your Account to cover the cost of your purchase and BritSEO.co.uk will not be obliged to make any application or reserve or seek to reserve any name unless the Account is in credit for the funds required and shall not be liable for any failure to make or delay in making any application because we are awaiting a deposit of funds into your Account. No funds will be credited to your Account until they have been cleared and made available to BritSEO.co.uk whether this be via credit or debit card, PayPal, wire transfer or funds transfer from your bank account. No refunds of deposits can be made after 90 days have elapsed since the date of the deposit.
9.1. Unless sooner terminated in accordance with these Terms and Conditions, the Registration Agreement shall be deemed to last, in respect of each domain registered by you, until three hundred and sixty five (365) days from the date of registration multiplied by the number of years for which the domain registered by us on your behalf has been registered. In any such registration period when a leap year forms part of the period then one (1) day must be added for each occurrence of the leap year within such period.
9.2. On or before expiry of the registration period you (or one of the appropriate contacts notified by you) will (provided that you are not in breach of these Terms and Conditions) be given the opportunity to renew your registration for units of one year up to a maximum of 10 years on our standard terms and conditions of service applicable at that time. Any domain name renewals carried out by us on your behalf will be subject to our associated fees as set out in the price list described in clause 8.1. If you elect to renew after the registration period has expired, BritSEO.co.uk cannot be responsible if any domain names have become unavailable during the period between your registration lapsing and your electing to renew your service with us.
9.3. You agree that we may allow you to renew your domain name after its expiration date, but that once the expiration date has passed we are under no obligation to do so. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to a web site designated by BritSEO.co.uk, which may include, without limitation, an “under construction” or other temporary page that may include promotions and advertisements for BritSEO.co.uk and/or third party product and service offerings, and you agree that we may place our contact information in the expired domain’s WHOIS record.
9.4. For domains sponsored by ICANN, should you fail to renew your domain name prior to an 8 (eight) day grace period, you agree that we may, in our sole discretion, delete the domain name registration, or on your behalf renew and transfer the domain name to a third party buyer identified by us (such a transaction is hereinafter referred to as a “Post Term Renewal and Transfer”).
9.5. Not withstanding the above our policy for Deletion and Renewal of domain names can be found here http://www.britseo.co.uk/deletion-renewal-policy/
ACCOUNT INFORMATION, PERSONAL DATA & DATA PROTECTION
10.1. The account number and password made available by us to you on agreeing to the provision of our services must be used to access your account to make modifications to the domain contact details submitted by you, promptly on any change in these details. You will be responsible in all instances for ensuring that the information which you enter into your account is true and accurate and to monitor the information and update it so as to ensure its continued accuracy. Your wilful provision of inaccurate or unreliable information, wilful failure promptly to update information provided to BritSEO.co.uk, or your failure to respond for over fifteen calendar days to inquiries by BritSEO.co.uk concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this contract and be a basis for cancellation of the domain name registration. BritSEO.co.uk cannot and will not be held accountable in respect of the deletion or non-renewal of any domain name which was caused through incorrect information provided by you or on your behalf or by your inaccurate maintenance of your account and domain information.
10.3. All reasonable endeavours will be made to maintain security of your account information and to ensure that it is used only for the purpose of providing the BritSEO.co.uk service to you.
10.4. You agree to protect and hold harmless and keep BritSEO.co.uk fully indemnified from and against any and all liability arising out of any failure by you to provide information (during the registration or account maintenance process) in accordance with these Terms and Conditions. You agree to seek permission (consent or otherwise) from any party concerned to supply their personal information to us for the purpose of maintaining accurate contact information on the BritSEO.co.uk domain contact database and to include such information and make the same available to us only in accordance with the provisions of General Data Protection Regulation 2018.
10.5. You hereby grant BritSEO.co.uk permission to disclose through a publicly accessible database the following registrar information: the domain name; your name and postal address; the name(s), postal address(es), e-mail address(es), telephone number and where available fax number(s) of the technical, administrative and billing contacts for your domain name; the Internet protocol numbers of the primary and secondary name server(s); the corresponding names of those name servers; the original domain name creation date; and the expiration date of the registration. BritSEO.co.uk is required by ICANN to make information available in bulk to third parties (For disaster recovery and business continuity), who agree not to use it in the bulk transmission of unsolicited e-mail and high volume, automated electronic processes that are used in conjunction with our systems to register domain names during the BritSEO.co.uk’ domain name registration process. Any information provided through a publicly accessible database such as WHOIS, will by default, be redacted unless you expressly provide consent to allowing this data to be made public.
10.6. BritSEO.co.uk undertakes to the Customers that it will:
10.6.1. agrees to seek appropriate registration under the General Data Protection Legislation and that it will only process data pursuant to that Legislation;
10.6.3. periodically audit its data foot print to ensure it continues to meet the General Data Protection Legislation;
10.6.4. continue to evolve its system to protect personal data from a Data Breach;
10.6.5. train its staff in Data Protection principals and continue to evolve its processes to facilitate this.
THIRD PARTY PURCHASES
11.1. You agree that in the event that a domain name is purchased through the BritSEO.co.uk service by your agent (e.g. Internet Service Provider, web designer, employee, etc.) on your behalf, you are nonetheless bound by all of these Terms and Conditions.
11.2. By using an agent you accept (as between yourself and BritSEO.co.uk) full responsibility for any errors or omissions arising out of your agent’s negligence at the time of registration or during the modification of contact information in relation to each domain name purchased through your agent. No refunds will be given whatsoever to you or your agent where such negligence has occurred.
11.3. Where you purchase any domain name through us as an agent for any third party, you warrant that you have authority to act as such agent, you agree that you will inform the end user customer of the contents of these Terms and Conditions and procure from him or her in advance the authority to bind him or her to these Terms and Conditions and that you will indemnify BritSEO.co.uk against any costs, claims, damages and expenses arising out of or by reason of any breach of this clause by you.
11.4. You agree to indemnify, defend and hold harmless any domain name registry used by BritSEO.co.uk to register your domain name, including, but not limited to, Nominet, and its subcontractors and the members, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses including reasonable legal fees and expenses which it may suffer or incur arising out of or relating to your domain name registration. This indemnification obligation shall survive the termination or expiration of this registration agreement.
DOMAIN NAME DISPUTE POLICY
12.1. When you register or have registered on your behalf a domain name through the BritSEO.co.uk service you agree to be bound by our current Domain Name Dispute Policy located at www.totalregistrations.com. BritSEO.co.uk has adopted the ICANN Formulated Uniform Dispute Resolution Policy, but you hereby agree that BritSEO.co.uk shall have the ability to change this policy or introduce a new policy and to vary any future policy at its discretion by giving 30 calendar days notice on your account homepage. You agree that if the Domain Name Dispute Policy is modified during the term of your registration, you will be bound by its new contents. You acknowledge that if you do not agree to any such modifications, then your only remedy will be to terminate the Registration Agreement within such 30 day notice period by notice in writing to us forthwith, without refund. Any unused portion of credit funds available in your Account will be refunded in these circumstances. The purpose of the UDRP is to set forth the terms and conditions which shall govern a dispute between a registrant and any other party (expressly excluding the Registry Operator for the domain in question and BritSEO.co.uk) over the registration and use of a domain name registered by a registrant.
DOMAIN NAME DISPUTES
13.1. By using the BritSEO.co.uk service you agree to be subject to the provisions set forth in our Domain Name Dispute Policy from time to time applying, which is hereby incorporated in the Registration Agreement. Should any third party dispute your right to any domain name registered by us for you or on your behalf, BritSEO.co.uk is given full rights by you to suspend during a dispute the ability to make modifications to the domain contact details. Full rights to modify such details will only be re-instated once proof has been supplied by both parties to the dispute or an administrative or judicial body that the dispute has been resolved and, if such administrative or judicial body requires the cancellation or transfer to any third party of the domain name in dispute or modification of any details relating to the domain name, then you agree to our carrying out such cancellation, transfer or modification without liability or refund of any monies to you. By making use of our Domain Name Dispute Policy, you agree to indemnify and hold harmless BritSEO.co.uk from any litigation arising out of a dispute as to the ownership or use of any domain name, save for any litigation which is wholly attributable to the serious negligence or wilful default of BritSEO.co.uk.
LIMITATION OF LIABILITY
14.1. Save as expressly set out in the remainder of this clause 14, BritSEO.co.uk’ entire liability with respect to a breach of these Terms and Conditions or to its negligence or any other liability is solely limited to five (5) times the fees paid by you for the service you purchased.
14.2. BritSEO.co.uk shall not be liable for any loss of profits, loss of business, loss of revenue or other type of economic loss or for indirect, incidental or consequential damages arising out of the use of the BritSEO.co.uk service, whether caused by negligence or otherwise.
14.3. Nothing in this clause shall be taken to exclude or limit the liability of BritSEO.co.uk for death or personal injury resulting from its negligence or for any other liability which cannot validly be excluded by law.
14.4. Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
14.5. BritSEO.co.uk shall not be liable to you or be deemed to be in breach of the Registration Agreement by reason of any delay in performing, or any failure to perform, any of our obligations hereunder, if the delay or failure was due to any cause beyond our reasonable control, which shall include but not be limited to any decision of any Registry Operator.
GUARANTEE OF OWNERSHIP & USAGE
15.1. You agree that by registering your domain name through the BritSEO.co.uk service that this does not guarantee ownership of the domain name and that BritSEO.co.uk cannot and does not purport to grant rights in respect of domain names that are more extensive or different in nature to those stated by other Naming Committee bodies or found by applicable law to exist in domain names. Further, you acknowledge that your domain name may be objected to by a third party or court of law and therefore the rights to the name may be cancelled or transferred to another party should it be found that they have a legal right to its ownership or to object to its registration or use. Your rights in respect of the domain name shall cease in any case when the domain fees have not been received by BritSEO.co.uk by the due date for renewal of the name and the domain will be deemed expired and be released back into the domain pool for re-registration by another registrant. Usage of a domain name shall be unrestricted unless a domain is involved in a legal dispute or in BritSEO.co.uk’ reasonable opinion it appears likely to be so or payment for the domain name has not been received.
16.1. You agree that breach of any of your obligations under these Terms and Conditions or any contract entered into by you pursuant to any of the Registry specific clauses listed in clause 2 may result in the deletion of your domain(s) or suspension of your account with us without prejudice to the right of BritSEO.co.uk to terminate this Agreement in the event of material breach on your part or any other rights or remedies which BritSEO.co.uk may have. No refunds will be given in the event of any termination, suspension or deletion falling within this clause.
REPRESENTATIONS & WARRANTIES & INDEMNITY
17.1. You agree and warrant that; the information you supply or your agent supplies on your behalf for the purpose of completing the domain name registration process through BritSEO.co.uk is true and accurate to the best of your knowledge and belief; to the best of your belief, the registration of your domain name or the manner in which you intend to use the domain name does not or will not directly or indirectly compromise the legal rights of any third party; you have the power and authority to enter into the Registration Agreement and to perform the obligations herein; and that the use of the BritSEO.co.uk service is solely at your own risk.
17.2. You shall pay us any and all reasonable costs, claims and expenses arising out of any claim that your registration or use of any domain name registered through us infringes the intellectual property rights of a third party.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
18.1. You agree that throughout the term of the Registration Agreement we hold the right to modify these Terms and Conditions by giving thirty (30) calendar days notice. Notice will be posted on the BritSEO.co.uk web site located at www.BritSEO.co.uk and may also be made available to you by such additional means as in our sole discretion we deem appropriate. You also agree that BritSEO.co.uk can for a valid reason change part of the services provided under the Registration Agreement by giving like notice. By continuing to use the BritSEO.co.uk service subsequent to any revisions or changes in effect after the thirty (30) calendar days notice period, you agree to abide and be bound by the revised Terms and Conditions.
TERMINATION BY US/CANCELLATION BY YOU IF YOU ARE A CONSUMER
19.1. You agree that we may terminate your contractual rights to use the BritSEO.co.uk service, if the information that you are required to supply to register your domain name or to sign up for a BritSEO.co.uk account, or pursuant to these Terms and Conditions, contains falsified or misleading information. You also agree that we may suspend, cancel or transfer your domain name registration pursuant to any adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with any adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name or to resolve a dispute under our dispute policy. No refund will be granted if we terminate your service under this clause.
19.2. Cancellation by you if you are a Consumer: You will not be able to cancel the Registration Agreement pursuant to The Consumer Protection (Distance Selling) Regulations 2000 (as amended, replaced or re-enacted from time to time) (right to cancel within 7 working days of the conclusion of a distance contract) once you have submitted your application for registration to us and performance of BritSEO.co.uk’ services has begun.
OUR RIGHT TO REFUSE
20.1. BritSEO.co.uk reserves the right to refuse to register your chosen domain name or to allow you to sign-up as a BritSEO.co.uk Account Holder. We also reserve the right to delete your domain or sell your domain should we find a credit card charge back has been made or payment has not been received to cover the cost of the domain name registration. We will however not be liable for any losses or damages arising out of our refusal to register or deletion of your domain name registrations pursuant to this clause 20.
TRANSFER OF DOMAINS
21.1. You have the right to transfer your domain name registration to a third party of your choice save where the domain name is the subject of legal proceedings or proceedings under the Domain Name Dispute Policy or other applicable dispute policy, The domain name is not in locked state, the domain name is not in suspension state and the domain name is not in redemption state. All transfers must be made in accordance with the transfer procedure located in your account’s menu at BritSEO.co.uk/account/ or provided in writing to you from BritSEO.co.uk technical support.
22.1. If any provision of these Terms and Conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.
RELATIONSHIP OF PARTIES
23.1. Nothing in these Terms and Conditions shall operate to create a relationship of partnership or joint venture or principal and agent between you and us.
24.1 If purchase any of our services for the purpose of reselling rather than for your own use then you agree to be bound by the additional Reseller obligations as listed in section 24.2 to 24.7 of these terms.
24.2 You are prohibited from displaying BritSEO, ICANN or Nominet logo, or from otherwise representing yourself as accredited by these bodies unless you have written permission to do so.
24.3 Any registration agreement used by you shall include all registration agreement provisions and notices required by BritSEO, and shall identify BritSEO.co.uk as the sponsoring registrar.
24.4 You shall identify BritSEO.co.uk as the sponsoring registrar upon enquiry from the customer.
24.5 You shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by you in connection with each registration will be deposited with BritSEO.co.uk or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilise such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to BritSEO.co.uk in the event you breach these terms, and such breach is harmful to consumers or the public interest.
24.6 You shall provide a link to the NOMINET webpage “Terms and Conditions” on any website you may operate for domain name registration or renewal. This shall be clearly displayed to the Registered Name Holders at least as clearly as its links to policies or notifications required to be displayed under Nominet Policies.
24.7 You shall clearly display renewal fees, post-expiration renewal fees and redemption/restore fees on your website.
24.8 If you are in breach of any of the provisions of Section 22 of this Agreement, we shall take reasonable steps to notify you that you are in breach of the Agreement and that we have the right to terminate this agreement.
25.1 These Terms and Conditions shall be governed by English law. By agreeing to be bound by these Terms and Conditions you agree to submit to the exclusive jurisdiction of the English Courts except in respect of any dispute falling within the Uniform Domain Name Dispute Policy in which case such policy will determine how and according to what rules the dispute will be disposed of and for the adjudication of disputes concerning or arising from use of the domain name, the domain name registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domain name registrants domicile or (2) where Registrar is located.
25.2 BritSEO.co.uk reserves the right to sub-contract any of the work required to fulfil its obligations hereunder to a third party and/or to assign or transfer the Contract or part thereof to a third party.