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A selection of finished examples of our banner stands, popups, exhibition systems, displays and prints.
1) General Web services terms and conditions
2) Domain Name Terms and conditions
3) Dispute Policy for domains ending in .com, .net or .org Approved by ICANN
General Web services terms and conditions
Cypher provides internet, email & application hosting and additional services. Cypher reserves the right to suspend or cancel a customer's access to any or all services provided by Cypher when Cypher decides that the account has been inappropriately used or otherwise.
Note, all our services are covered by the General Terms and Conditions below, in addition please see service specific terms and conditions as below.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By signing up for any of our services you agree to be bound by all the Terms and Conditions listed here.
Server use
Cypher reserves the right to refuse service and/or access to its servers to anyone.
Cypher does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of Cypher.
Cypher reserves the right to move your domain to a different web server with no previous notice.
Support
We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should cotact us.
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. If this is likely to be excessive we will endeavour to provide prior warning.
Reselling of Services
All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Unlimited use policy
High bandwidth usage: Cypher offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Cypher may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Cypher reserves the right to impose the High Resource User Policy for the consideration of all customers. Database Usage
If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 150MB (currently £15 for MSSQL) in that month.
High resource use policy
Resources are defined as bandwidth, processor utilization or disk space.
Cypher may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Cypher reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Cypher continues hosting the website for an additional fee.
Payment policies
All accounts are set up on a prepay basis. Although Cypher reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
In situations where the payment has not been made when due or a credit card is declined Cypher will immediately suspend the facility until the outstanding charge is cleared. In addition, Cypher reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
Payment options
Cypher currently offers a number of payment options. Credit / Debit Cards: Cypher accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo. Payment by Cheque - allowing enough time for this to clear before services are started. Payment on 30 day credit account, subject to a satisfactory trading history with Cypher we will consider applications for credit facilities by completion of a credit account application form.
Cancellation and refunds
Cypher reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Cyphers terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by Cypher. In addition some accounts incur set-up fees, these charges are also non-refundable.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Cypher harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cypher, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cypher against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cypher's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Cypher's server.Disclaimer
Cypher will not be responsible for any damages your business may suffer. Cypher makes no warranties of any kind, expressed or implied for services we provide. Cypher does not back up your data/website unless it is placed on a load balanced server, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Cypher cannot guarantee to be able to replace lost data. Cypher disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Cypher and its employees. Cypher reserves the right to revise its policies at any time.
Please note: by signing up for any of our services you agree to be bound by all Cypher terms and conditions.
Domain name terms and conditions
The following terms and conditions apply to the domain registration service:
Governing Bodies
Cypher has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, .co.uk, .org.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 Cypher's receipt of domain name registration information from you, Cypher 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.
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.
.name RESTRICTIONS.
Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
FEES
As consideration for Cypher providing domain name registration services to you, you agree to pay Cypher, prior to the approval of the desired domain name registration, the amounts set forth in the Cypher 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 Cypher receives actual payment of the registration fee. If Cypher does register a domain name prior to payment of the registration fee, Cypher 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 Cypher, the domain name registration shall be transferred to Cypher as the paying entity for the registration. Cypher 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 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.
We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.
TERM
This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
To ensure your domains are not lost you will be notified in advance that your domain is about to expire and given the option to opt out of the renewal, if of any reason you do not contact us, then we will ensure your registration continues and automatically renew your domain. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.
We will confirm all domain renewals by email. However, it is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the Tucows website domain lookup facility.
DISPUTE POLICY
You agree to be bound by the Cypher 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 at the end of this document.
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 Cypher harmless pursuant to the terms and conditions contained in the Dispute Policy.
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 Cypher may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which Cypher 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.CONTACT WITH CYPHER
You acknowledge and recognize that all contact with Cypher in the first instance should be made in writing; either email, fax or post to the address shown on this website
You agree that Cypher is not obliged to offer telephone support specifically for your Domain Name.
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 Cypher 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 Cypher. Cypher at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
Cypher 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 Cypher 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 Cypher 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 Cypher may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through the 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 Cypher 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 Cyphers possession to review, modify or update such information, by contacting us
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.
OWNERSHIP OF DATA
You agree and acknowledge that Cypher 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 Cypher 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.
Cypher does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
TRANSFER OF OWNERSHIP
The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.For further details and to action any transfer of ownership please contact us
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.
LIMITATION OF LIABILITY
You agree that Cypher 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 Cypher has been advised of the possibility of such damages, and in particular Cypher 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 Cypher;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
Cypher 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.
Cypher'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).
INDEMNIFICATION OF Cypher
You agree to defend, indemnify and hold harmless Cypher 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.
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 Cypher are provided on an "as is" basis. Cypher 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. Cypher 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.
BREACH AND REVOCATION
Cypher 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;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) you use your domain name in connection with material that is slanderous to Cypher or other associated companies.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar 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 Cypher, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that Cypher 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 Cypher 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 Cyphers 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.
OTHER TERMS AND CONDITIONS
Force Majeure. Cypher 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 Cypher to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Cypher 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 Cypher to you shall be deemed to have been given if delivered by e-mail or overnight 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 Cypher However, in the event that Cypher 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.
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 Cypher
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. Cypher 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 Cypher as reflected in the original provision.
No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
Please note: by signing up for any of our services you agree to be bound by all Cyphers terms and conditions.
Dispute Policy for domains ending in .com, .net or .org Approved by ICANN
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, 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 knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Dispute Policy for domains ending in .uk
Disputes involving UK domain names are handled by Nominet UK. You can read the terms of their dispute policy here.
Contacting us
If you need to contact us regarding a domain name dispute please email us
Note to solicitors: If you wrongfully threaten legal action against UKReg on behalf of your clients your correspondence will be passed onto our solicitors who will invoice you for the time spent dealing with your case.
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