1.1. In this contract words written in bold have a special meaning:

1.1.1. our document ‘The Definitions and Interpretation Terms’ which gives a list of standard definitions and rules on the interpretation of contracts is incorporated in this contract as if it was set out in full – it lists most of the terms given special meaning here; and

1.1.2. where used in these terms and conditions, the other words with a special meaning are:
contract means (i) these terms, (ii) 'The Definitions and Interpretation Terms’ (see clause 1.1.1), and (iii) the credit and payment terms.
DAC means (i) the Time Delay DAC, and (ii) the Real Time DAC.
policy means (i) the Time Delay DAC Acceptable Use Policy, and (ii) the Real Time DAC Acceptable Use Policy.

2.1. On the terms of this contract and subject to the policy, you may use our DAC system and provide data from it to end users.

2.2. Only domain names for which we supply whois responses generally will receive a valid response to a query. A list of the domain names we provide whois responses for is set out in the whois1 terms of use. We may in the future increase the range of domain names for which we will provide a query response.

3.1. In our policy we specify the limit for DAC use and the limit applies to you unless we reasonably decide that your particular circumstances justify the setting of a different limit specific to you.

3.2. We aim to notify you of any changes to the limit or policy in advance but this may not always be possible when dealing with urgent abuse.

3.3. You must not exceed your limit, but if despite this you do exceed your limit we shall have the option of:

3.3.1. slowing responses to queries, or ignoring or blocking some or all queries; and

3.3.2. if you exceed your limit on multiple occasions, or seriously exceed your limit on one or more occasions, suspending or terminating this contract (at our option);

3.3.2. treating your conduct as abuse, and dealing with it in accordance with clause 6.2.

3.4. We will publish guidance for users of the DAC on our website which will specify in what form and how queries to the DAC can/should be made. You must try to comply with that guidance in your use of the DAC. If you do not comply with the guidance, our systems may not recognise or respond to your queries and consistently submitting incorrect queries may be deemed by us as abuse.
   

4.1. We will charge for the provision of this service in line with our fees policy. The current fee is stated on our fees schedule on our website.

4.2. If we determine that the fee or method of charging should change to better reflect the need to fairly distribute the cost of providing the services amongst the users, we will notify you and if you do not accept the change of fee and notify us of that non-acceptance within 21 days the contract will end and you will not have to pay the new fee.

4.3. The credit and payment terms are incorporated in this contract as if set out in full (they are available on our website).

5.1. The data returned from a DAC query is sourced from the register in which we have the intellectual property rights.

5.2. Provided you do not breach any of the prohibitions and other terms of clause 5.3 or any other part of this contract you may do the following with the results generated by one or more DAC queries (in legal terms, we are granting you a non-exclusive, revocable licence to do these things, which we may terminate):

5.2.1. compile a list of .uk domain names together with their expiry date or other data from the DAC query and (optionally) use that list for providing services to your existing clients; or

5.2.2.  in response to a query from an existing or potential customer:

5.2.2.1. confirm whether a particular domain name is available to register; and/or

5.2.2.2.  confirm whether similar alternative domain names are available to register.

5.3. You may not do any or all of the following with information sourced from the register (whether from the DAC, prss and/or whois), and whether newly received or stored under clause 5.2:

5.3.1. use the information to assist in any process or activity that has the object or effect of copying a whole or substantial part of the register or a sub-database of it (e.g. a database containing only information released under the whois or the DAC);

5.3.2. use the information as part of any process or activity which has the object or effect of using any of our systems or services in a way which makes it harder (or impossible) for us to spot abuse or a breach of our policy or which circumvents or reduces the effectiveness of any copy-protection device or process we have or operate;

5.3.3. use the information to market to new customers with whom you have no pre-existing relationship (e.g. to advertise to new customers);

5.3.4. represent (either directly or indirectly) to any person (unless true) that you are us, or are acting on our behalf or with our authority in any way;

5.3.5. represent (either directly or indirectly) to any person (unless true) that you are a registry, official body (whether governmental or otherwise), the controller of .uk, responsible for the operation or any part of the operation of .uk or its second level domains;

5.3.6. knowingly provide more than an insubstantial part of the register or a sub-database of it (e.g. a database containing information released under the whois or the DAC) to any one third party or end user in any 24 hour period.  For the avoidance of doubt and as an example, more than 1000 registered domain names taken from the DAC would be more than an insubstantial part;

5.3.7. retain (in any format) any information obtained from the DAC for a period of more than 7 days unless such information relates solely to domain names for which you are the registrant and/or registrar.

5.3.8. represent (either directly or indirectly) that the data came from a source other than us; or

5.3.9. keep or supply to another person any of the data sourced from the register after we have notified you that your licence is terminated or this contract ends.

6.1. We aim to provide our services in a neutral and impartial way, and we have obligations to protect the information on the register. Accordingly we will have, and update from time to time, a policy which will set out what constitutes abuse and how it can be dealt with, including details of;

6.1.1. levels of acceptable use (including the limit);

6.1.2. acceptable or unacceptable uses of the services we provide under this contract;

6.1.3. acceptable or unacceptable uses of the data derived or obtained from the services we provide under this contract;

6.2. You must comply with this contract and the policy. If you do not we may:

6.2.1. terminate this contract under clause 8.4.1;

6.2.2. (for abuse) immediately suspend this contract until such time as we are reasonably satisfied that the abuse will not reoccur or, where in our sole discretion we consider such abuse to be serious, terminate this contract immediately;

6.2.3. take the action identified in clause 3.3; and/or

6.2.4  take such other reasonable action as is specified in the policy.

6.3. If we suspend this contract under clause 6.2.2 we shall notify you in writing of the suspension.

6.4. We do not guarantee that the DAC will be available without interruption and we may suspend its operation without notice or liability to you, for technical, legal or anti-abuse reasons.

6.5. Despite clause 6.4, our aim is to keep the DAC available and if the DAC is withdrawn for an extended period we will endeavour to explain why and give a non-binding estimate of when it, or an alternative service, is likely to be provided.

7.1. You may not assign or subcontract any of your rights and obligations under the contract without our prior written consent.

7.2. We will hold records of your identity, and any contacts relevant to the service being provided. You will ensure that every contact consents to us holding the information. It is your duty to keep us updated on whom you wish us to accept instructions from.

7.3. If you are issued with or have an identifier (e.g. a password, token, personal information or code) for use with us or our systems you must keep it secret and safe because we shall be allowed to assume that any action done or requested using that identifier or a product of it was done or requested by you or by someone authorised to act for you and we shall have, and be entitled to enforce, procedures for dealing with lost, revoked or compromised identifiers.

8.1. This contract begins on the date that we notify you that we have accepted your application to use the DAC and continues indefinitely unless terminated, or suspended, in accordance with the contract.

8.2. Either party may terminate this contract by notifying the other party not less than one month in advance.

8.3. If your registration agent agreement and/or your membership of Nominet UK is terminated for any reason, this contract will terminate automatically without need for us to notify you. If all your IPSTAGs are suspended or blocked from making chargeable transactions, this contract may be suspended without need for us to notify you.

8.4. (Without affecting the operation of clause 6.2), either party may terminate or suspend this contract by notifying the other if the other:

8.4.1. commits a material breach of any term of the contract; or

8.4.2. the other has a receiver or similar officer appointed over it or any part of its assets, or passes a resolution for winding up (except for the purpose of a genuine scheme of solvent amalgamation or reconstruction), or becomes insolvent, bankrupt or subject to an administration order, or enters into any voluntary arrangement with its or his/her creditors, or ceases or threatens to cease to carry on business.

8.5. Where either party (being a body corporate) has ceased to exist, or (being an individual) has died, the duty to notify under clause 8.4.2 is waived.

8.6. Any termination, suspension or expiry of the contract will not affect any accrued rights of action of either party, nor will it affect the coming into force or continuation in force of any provision of this contract which is expressly, or by implication, intended to come into or continue in force on or after termination or expiry.

8.7. Any termination, suspension or expiry of the contract will not affect the application to or validity of the ‘Definitions and Interpretation Terms’ (clause 1.1.1) or the credit and payment terms in relation to any other contract in which they are incorporated.

9.1. We are entitled to change the register records at any time.

9.2. Nothing in this contract shall be taken to attempt to exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

9.3. Subject to clause 9.2;

9.3.1.  all representations, and all warranties, whether express or implied by statute, law or otherwise, relating to the operation of the DAC and the data in it are excluded to the maximum extent permissible by law; and

9.3.2.  we will not have any liability whatsoever to you or any third party to whom you relay results as a result of any failure or inaccuracy, delay or error in the operation of the DAC or the information from it.

9.4. Subject to clause 9.2, we will in no event (whether in contract, tort or otherwise) be liable for;

9.4.1.  any loss of revenue;

9.4.2.  loss of profits;

9.4.3.  loss of goodwill;

9.4.4.  loss of data; or

9.4.5.  indirect or consequential loss

suffered by you or the end user, and arising out of this contract or your use or provision of the DAC.

10.1. Neither this contract, nor action taken by the parties in accordance with it, creates or will be deemed to have created a partnership, association, joint venture or other co-operative entity between the parties. Neither party shall have any authority to bind the other in any way.

10.2. As a confirmatory assignment you assign to us any intellectual property rights you have in the register (if any) including by way of future assignment where necessary.

11.1. If either party cannot perform any of its contractual obligations as a result of events beyond its reasonable control, then such party will not have to perform that obligation for the duration of the relevant event.

11.2. This contract is the entire contract between you and us in relation to their subject matter and supersedes all prior agreements, arrangements and understandings between the parties relating thereto. For clarity, nothing in this contract shall operate to terminate or amend any registration agent agreement, or contract in relation to the whois1, whois2, prss or other service provided by us to you.

11.3. No forbearance or delay by you or us in enforcing the provisions of the contract will prejudice or restrict your or our rights, nor will any waiver of any right operate as a waiver of any subsequent breach.

11.4. Neither party may assign this contract or any rights or obligations arising from it.

11.5. A person who is not a party to this agreement shall not have any rights under or in connection with it.

11.6. We may make reasonable changes to the terms of this contract from time to time after discussion with our Policy Advisory Board (or any similar body supplementing or replacing it) and after consultation with the user group for this service. We will notify you at least 30 days before the changes take effect. We will only make changes if there is a good reason for doing so and no change will take away the protection you receive under clause 4.2 from price changes.

11.7. The contract and your use of the DAC shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts, save that we shall have the right to bring proceedings against you or enfoce any judgment we obtain against you in your country of residence or any other relevant country.