This Service Agreement ("Agreement") sets forth the terms and conditions of
our agreement relating to your use of the domain name registration services provided by
GBWEBS to register an Internet domain name, as well as the registration of the domain
name.
To complete the registration process, you must acknowledge that you have read, understood,
and agree to be bound by all the terms and conditions of this Agreement, any rules or
policies that are or may be published by GBWEBS from time to time, and the rules and
regulations set forth by the registry administrators for the respective registries. This
Agreement will become effective upon acceptance by GBWEBS.
GBWEBS may at its sole discretion, elect to accept or reject any application for
registration of domain name for any reason, including but not limited to, rejection due to
a request for registration of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
GBWEBS provides Internet domain registration services for second-level domain names within
the .com, .org, .net, .biz, .name, .info, .co.uk, .org.uk, .me.uk .ltd.uk and .plc.uk
top-level domains.
ICANN oversees the .com, .org and .net top-level domains. Nominet oversees the .co.uk,
.org.uk, .ltd.uk and .plc.uk top-level domains.
Upon GBWEBS's receipt of domain name registration information from you, GBWEBS shall
submit the information to the registry administrator for the appropriate top-level domain
for approval and processing. The registry administrator then puts into effect the domain
name registration. Network Solutions, Inc. currently acts as the registry administrator
for the .com, .org, and .net top-level domains. Nominet UK acts as the registry
administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.2. FEES
As consideration for GBWEBS providing domain name registration services to you, you agree
to pay GBWEBS, prior to the approval of the desired domain name registration, the amounts
set forth in the GBWEBS Price Schedule, as amended from time to time, for the initial
registration of the domain name and any subsequent renewals.
Your application will not be registered until GBWEBS receives actual payment of the
registration fee. If GBWEBS does register a domain name prior to payment of the
registration fee, GBWEBS reserves the right to cancel that registration or restrict use of
the domain name until payment has been received.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain
name registration is suspended, cancelled or transferred prior to the end of the
registration term.
In the event of a charge back by a credit card company or other payment provider
authorized by GBWEBS, the domain name registration shall be transferred to GBWEBS as the
paying entity for the registration. GBWEBS may reinstate your domain name registration at
its sole discretion upon its receipt of the registration or renewal fee and its then
current reinstatement fee. The reinstatement fee is currently UK £100.
Payment must be made by credit card or other methods we indicate in registration
application or renewal form. We will renew your name for you provided your credit card or
other billing information is available and up to date. If your billing information is not
accurate and you wish to renew your domain name registration, we will contact you to
update this information and charge accordingly.
d like to make and will do this for you.
3. DISPUTE POLICY
You agree to be bound by the GBWEBS Domain Name Dispute Policy (the "Dispute
Policy"), as amended from time to time, which is hereby incorporated and made a part
of this Agreement by reference. The Dispute Policy can be found here
The Dispute Policy governs any dispute between you and any party other than us over the
registration and use of the domain name. The specific disputes which are subject to the
Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to
the provisions specified in the Dispute Policy in effect at the time the domain name
registration is disputed by a third party.
You also agree that in the event a domain name dispute arises with any third party, you
shall indemnify and hold GBWEBS harmless pursuant to the terms and conditions contained in
the Dispute Policy.
4. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice of registering
and administering domain names are continuously evolving, and acknowledge and agree that
GBWEBS may modify this Agreement and the Dispute Policy as necessary from time to time to
comply with any agreements by which GBWEBS is or will be bound, and to adjust to changing
business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement
and amendments. If at any time, you do not agree to such changes, you agree that your sole
remedy is to request that your domain name registration be cancelled or transferred to a
different domain name registrar.
5. CONTACT WITH GBWEBS
You acknowledge and recognize that all contact with GBWEBS in the first instance should be
made via the online form available on our website here, or via our postal address.
You agree that GBWEBS is not obliged to offer telephone support as part of your agreement.
6. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit
As part of the registration process, you are required to submit to GBWEBS and keep updated
the following information in connection with your application for domain name
registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the
administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the
billing contact for the domain name.
You shall provide and maintain updated information at all times with GBWEBS. GBWEBS at its
option may refuse to renew any registrations unless you maintain current and updated
information at all times.
GBWEBS may from time to time request additional information from you. While not obligated
to provide the additional information, you should provide the additional requested
information to ensure that you will obtain all the products and services which GBWEBS
makes available to domain name registrants.
Additional Information Maintained About your Registration
In Addition to the information you provide, we maintain additional information relating
to your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us and the appropriate
registry;
(c) communications constituting registration orders, modifications, or terminations and
related correspondence;
(d) records of account for your domain name registration, including dates and amounts of
all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the
technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the zone
contact for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other
activity regarding your domain name registration and related services.
Obligations Relating to Data Provided by You
If in registering a domain name you provide information about a third party, you hereby
represent that you have provided notice to and have obtained the express consent from the
third party to the disclosure and use of the third party's information as set forth in
this Agreement.
Disclosure and Use of Registration Information
You agree to authorize GBWEBS to provide any information to ICANN, the registry
administrators and to other third parties as ICANN and applicable laws may require or
permit. You acknowledge and agree GBWEBS may make publicly available, some or all of the
domain registration information provided by you, for purposes of inspection such as
through GBWEBS's WHOIS service, for targeted marketing, or for any other purpose as
required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements
that relate to the amount and type of information that GBWEBS may or must make available
to the public or to private entities, and the manner in which such information is made
available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of information and updated from time to time provide in
connection with registration of a domain name, whether during or after term of the
registration of the domain name. You hereby irrevocably waive any and claims and causes of
action you may have arising from such disclosure or use of the domain name registration
information.
You may access your domain name registration information in GBWEBS's possession to review,
modify or update such information, by accessing our service, available at our web site at
http://www.GBWEBS.co.uk
We will not process any data about any identification natural person that we obtain from
you in a way incompatible with the purpose and limitations described in this Agreement. We
will take reasonable precautions to protect the information we obtain from you from our
loss, misuse, unauthorized access or disclosure, alteration or destruction of that
information.
7. OWNERSHIP OF DATA
You agree and acknowledge that GBWEBS owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide
in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which GBWEBS acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address, telephone number, and fax number of the
technical contact, administrative contact, zone contact, and billing contact for the
domain name;
(iv) remarks concerning the registered domain name that appear or should appear in the
WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain
name registration services, other the domain name being registered, and the IP names and
addresses of the primary nameserver and any secondary nameservers.
GBWEBS does not have any ownership interest in your specific personal registration
information outside of your right in our domain name database.
8. AGENTS AND LICENSES
You agree that in the event you register a domain name for another entity, you represent
that you have the authority to bind that entity as a principal to all terms and conditions
contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a
third party, you remain the domain name holder of record and remain responsible for all
obligations under this Agreement, including payment obligations, and providing and
updating your 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 domain name and domain registration.
9. LIMITATION OF LIABILITY
You agree that GBWEBS shall, under no circumstances, be liable for any special, indirect,
incidental, punitive, exemplary, or consequential damages resulting from loss of profits,
arising out of or in connection with this Agreement, even if GBWEBS has been advised of
the possibility of such damages, and in particular GBWEBS will not be liable for the
following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain
name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of GBWEBS;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
GBWEBS shall not, under any circumstances, be liable or responsible for any errors,
omissions or other actions by the registry administrator arising out of or related to your
application, receipt of, or failure to receive a domain name registration.
GBWEBS's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain name; and
(b) £50.00 (UK Pounds).
10. INDEMNIFICATION OF GBWEBS
You agree to defend, indemnify and hold harmless GBWEBS and the registry administrator,
including our and its employees, directors, officers, representatives, agents and
affiliates, from and against any claim, action, suit, demand, loss, damages, costs (
including reasonable legal fees, expert witness fees and expenses), or other proceeding
related to or arising out of the registration or use of the domain name. This
indemnification is in addition to any indemnification required under the Dispute Policy.
11. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) all information provided in connection with your domain name registration is accurate;
and
(b) neither the registration of the domain name nor the manner in which it is directly or
indirectly used infringes the legal rights of a third party.
You acknowledge and agree that all domain name registration services provided to you by
GBWEBS are provided on an "as is" basis. GBWEBS makes no representations or
warranties of any kind, express or implied, in connection with this Agreement or its
domain name registrations services, including but not limited to warranties of
merchantability or fitness for a particular purpose. GBWEBS makes no representation or
warranties of any kind that registrations or use of domain name under this Agreement will
immunize you from challenges to the domain name registration or from suspension,
cancellation, or transfer of the domain name to you.
12. BREACH AND REVOCATION
GBWEBS reserves the right to suspend, cancel, transfer or modify your domain name
registration in the event that:
(a) you materially breach this Agreement;
(b) you use your registered domain name to send unsolicited commercial advertisements in
contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as
provided in this Agreement.
You further acknowledge and agree that your domain name registration is subject to
suspension, cancellation or transfer by any ICANN procedure, by any registrar (including
GBWEBS) or registry administrator procedures approved by an ICANN-adopted policy, or by
any other country code top-level domain registry administering procedures to correct
mistakes by GBWEBS, another registrar or the registry administrator in administering the
name or for the resolution of disputes concerning the domain name.
You also agree that GBWEBS shall have the right in its sole discretion to suspend, cancel,
transfer or otherwise modify a domain name registration upon seven (7) calendar days prior
written notice, or at such time as GBWEBS receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring the suspension,
cancellation transfer or modification of the domain name registration.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to GBWEBS's inquiries concerning the acuracy of contact details
within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration.
13. OTHER TERMS AND CONDITIONS
Force Majeure. GBWEBS shall not be responsible for any failure to provide any service or
perform any obligation because of any act of God, strike, work stoppage, governmental acts
or directives, war, riot or civil commotion, equipment or facilities shortages which are
being experienced by providers of telecommunication services generally, or other similar
force beyond its reasonable control.
Non-Waiver. The failure of GBWEBS to require your performance provision shall not affect
the full right to require such performance at any time thereafter; nor shall the waiver by
GBWEBS of a breach of any provision hereof be taken or held to be a waiver of the
provision itself.
Survival. The provisions, terms, conditions representations, warranties, covenants, and
obligations contained in or imposed by this Agreement which by their performance after the
termination of this Agreement, shall be and remain enforceable not with standing
termination of the Agreement for any reason. However, neither party shall be liable to
other for damages of any sort resulting solely from terminating this Agreement in
accordance with its terms but each party shall be liable for any damage from any breach by
it of this Agreement.
Notice. You agree that any notice or communications required or permitted to be delivered
under this Agreement by GBWEBS to you shall be deemed to have been given if delivered by
e-mail, overnight mail or United States mail in accordance with the contact information
you have provided.
Governing Law. Except as otherwise set forth in the Dispute Policy with respect to
disputes, this Agreement, your rights and obligations and all contemplated by this
Agreement shall be governed by the laws of the United Kingdom.
Legal Fees. If any legal action or proceeding, including arbitration, relating to the
performance or the enforcement of any provision of this Agreement is brought by any party
to this Agreement, the prevailing party shall be entitled to recover reasonable legal
fees, expert witness fees, costs and disbursements, in addition to any other relief to
which the prevailing party may be entitled.
Assignment. You shall not assign, sub-license or transfer your rights or obligations under
this Agreement to any third party without the prior written consent of GBWEBS However, in
the event that GBWEBS consents to such an assignment, sub-license or transfer, then this
Agreement shall ensure to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
14. GENERAL
Entire Agreement.This Agreement constitutes the entire Agreement between the parties and
agreements are representations or warranties, express or implied, statutory or otherwise
and no agreements collateral here to than as expressly set or referred to here in. This
Agreement supersedes any prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with respect to the subject
matter expressly set forth here in.
Amendment in Writing This Agreement may not be amended or modified by you except by means
of a written document signed by both you and an authorized representative of GBWEBS
Further Assurances. The parties shall execute such further and other documents and
instruments and take such further and other actions as may be necessary to carry out and
give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties. Nothing in this Agreement shall be construed as creating an
agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations. If any party consists of more than one entity, their
obligations here under are joint and several.
No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed
to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability. In the event that any provision of this Agreement shall be unenforceable or
invalid under any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement unenforceable or invalid as
a whole. GBWEBS will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, the original objectives and intent
of GBWEBS as reflected in the original provision.
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