Line 3 Internet Domain Registration - Terms and Conditions
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular the registration or renewal of Domain Names. The Website is owned and operated by XTPN Web Ltd (‘we’/’us’/’our’), a limited company (trading as Line3 Internet), registered in England and Wales under company number: 8175398 having offices at 7 Pillory Street Nantwich, Cheshire CW5 5BZ. Our VAT Number is: GB158054800.
The term ‘you’ refers to the user or viewer of our Website.
Line3 Internet Registration Agreement
In this registration agreement (‘Agreement’), the terms the terms ‘we’, ‘us’ and ‘our’ refer to Line3 Internet and the terms ‘Registrant’, ‘You’ and ‘Your’ refer to the Registrant of each domain name. The term ‘Services’ refers to the domain name registration services provided by us. Any reference to a ‘Registry’ shall refer to the registry administrator of the applicable domain. For the avoidance of all doubt, this includes, but is not limited to, Nominet and Verisign. ICANN is the Internet Corporation for Assigned Names and Numbers (ICANN) coordinates the Internet Assigned Numbers Authority (IANA) functions, which are key technical services critical to the continued operations of the Internet’s underlying address book, the Domain Name System (DNS). The IANA functions include:
the coordination of the assignment of technical protocol parameters including the management of the address and routing parameter area (ARPA) top-level domain;
the administration of certain responsibilities associated with Internet DNS root zone management such as generic (gTLD) and country code (ccTLD) Top-Level Domains;
the allocation of Internet numbering resources; and
other services. ICANN performs the IANA functions under a U.S. Government contract.
1. SELECTION OF A DOMAIN NAME
1.1 You acknowledge and agree that should an inquiry indicate that the desired domain name is available at the time of your application, Line3 Internet cannot guarantee that you will obtain the desired domain name on registration.
1.2 You understand and acknowledge that, to the best of your knowledge and belief the domain name being registered shall not, at any time, be used for any unlawful purpose, and that neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of any third party. You also hereby acknowledge that Line3 Internet are not responsible for determining whether your use of our Services infringes upon the legal rights of others.
1.3 Registration or reservation of your desired domain name does not prevent objection to the registration, reservation or use of said domain name by or from third parties.
2.1 You agree to pay Line3 Internet the applicable fees set out in the relevant sections in the customer portal, order confirmation, or as otherwise communicated to you as consideration for the Services prior to the effectiveness of a desired domain name registration or any renewal thereafter (‘Fees’).
2.2 All Fees payable under this Agreement are not refundable, even in the event your domain name registration is cancelled, suspended, or transferred before the end of the registered term.
3. ACCOUNT & WHOIS INFORMATION
3.1 You must create an account with Line3 Internet in order to make use of the Services (‘Account’).
3.2 In addition to the Fees as stipulated in Clause 2 of this Agreement, you hereby agree to the following:
3.2.1 to provide up-to-date, accurate information about you as required by the registration process (‘account details’), and
3.2.2 to ensure that all account details provided are maintained and updated as necessary or as requested in order to keep the information accurate and complete. Not providing requested information may prevent you from obtaining all Services and may result in Services being suspended or terminated.
3.3 You confirm that all details provided by you to Line3 Internet are true. Failure to do so for any reason will amount to a material breach of this agreement and Line3 Internet reserve the right to terminate your Services immediately upon such breach without notice and without any refund to you.
3.4 The nature of information you are required to provide may change and you must provide such information once requested.
3.5 You are responsible for regularly monitoring correspondence sent to the email address you provided to Line3 Internet in your account details. Any correspondence from Line3 Internet will be sent to this address and there may be consequences relating to charges or the loss of your rights to the domain name(s) or Services if you do not monitor such correspondence and respond accordingly.
3.6 You hereby acknowledge your understanding that you are obligated to maintain your account details for the purpose of providing the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name, as required or permitted by ICANN, Nominet or other applicable registry policy.
3.7 During or after the term of the services relating to your registered domain(s), Line3 Internet will make the information you provide available as necessary at the request of ICANN, Nominet or any registry administrator(s), and to other third parties as ICANN or Nominet and applicable laws may require. You hereby waive any and all claims you may have arising from disclosure of such information.
3.8 You acknowledge that ICANN, Nominet or other applicable registry may establish or modify the limits and/or requirements relating to the information that Line3 Internet may or must make available, and such information Line3 Internet provide may change. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/. Information regarding Nominet’s guidelines and requirements regarding WHOIS can be found at http://www.nominet.org/go/terms
3.9 You are responsible for the maintenance and confidentiality of all passwords and login IDs in addition to all access and use of your Account by you or any other third party.
3.10 Any person who is in possession of your login details will be deemed to have your authorisation to modify your account details and conduct any activity through your Account that is permitted, including, but not limited to, anything which may affect or terminate your rights and access to your Services; transferring your domain name(s) to other individuals or registrars, amending the content associated with your domain name(s).
3.11 Line3 Internet will take reasonable precautions to protect the information you provide from unauthorised access or disclosure, misuse, alteration, destruction or loss. Said reasonable precautions will include procedures for the release of Account access information to parties claiming to have an interest in your Account, including yourself.
3.12 You acknowledge and agree that in no event will Line 3 Internet be liable for any unauthorised or authorised use or misuse of your account. In the event of any failure by Line 3 Internet to take reasonable precautions our liability will be limited to that set out in section 12 below.
3.13 To amend any of your account details or domain name WHOIS information, you must do so by accessing your Account with Line3 Internet through your control panel.
4.1 Domain Registration:
4.1.1 Line3 Internet are accredited registrars and TAG holders with Nominet for the registration of .uk domain names. Through our agreements with ENOM and OpenSRS we are licensed resellers with ICANN for generic Top Level Domain Names and a range of country code Top Level Domains. Nominet and ICANN oversee the registration of generic Top Level Domain Names
4.1.2 Domain name registrations only become effective when the registry administrator puts them into effect. Domain name registrations are for limited terms which end on the expiration date.
4.1.3 Line3 Internet are neither responsible nor liable in any way for actions by the registry administrator arising out of or related to any request in relation to a domain name registration, including any errors or omissions.
4.1.4 You acknowledge that domain name registration is a service and your use of such service does not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
4.2 Domain Transfer and Cancellation
4.2.1 Domain transfers can be requested by the registrant at any time in the active period of registration after the initial 60 day period has elapsed.
4.2.2 Line3 Internet are neither responsible nor liable in any way for actions arising out of or related to any request in relation to a domain name transfer, including any errors or omissions.
4.2.3 Line3 retain the right at its sole discretion to charge a domain administration fee for this service. Charges for Domain administration are currently set at £279.00 +vat for .COM .NET and .ORG domains and £249.00+vat for .CO.UK domains. Administration of domains registered with other TLD’s will be quoted at the time of request.
4.2.4 You may request the cancellation of a domain registration at anytime after the initial period of 60 days. However it is the policy of Line3 that once registered and paid for all domains cancelled will be allowed to expire at the end of the registration period unless you specifically request otherwise.
4.2.5 You acknowledge that the registration of any domain name is subject to cancellation, suspension, or transfer by any ICANN procedure which is either currently in effect or that which may come into effect at a later date by any Registry procedures approved by an ICANN-adopted policy or any policy adopted by governing body, or as a result of any legal obligations.
4.3 Nominet controlled .UK domains are renewed on an annual, bi-annual or multiyear basis, Line3 Internet will send out reminder emails 60, 30 days, 15 days, 7 days and 1 day before expiry. Line3 Internet send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date.
4.3.1 Line3 Internet take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact Line3 Internet a minimum of 14 days before your domain expires by emailing us at email@example.com Alternatively you can set your domain to auto renew, this can be managed through the client portal area. If specified, domains will be auto renewed in advance of the domain name expiring and will be billed up to 30 days in advance.
4.3.2 If you do not renew your domain before its expiry date it will have all services Line3 Internet provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of up to ￡250 + VAT.
4.3.3 Late renewal requests must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar.
4.3.4 Line3 Internet do not guarantee the renewal of a domain name.
5.1 The term for newly created and registered domain names begins on the date the domain name registration is acknowledged by the applicable registry.
5.2 The term for existing domain name registrations (transferred or otherwise) begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.
5.3 This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof.
5.4 Line3 Internet will provide the Services for the period on the order confirmation from the date stipulated in either clause 5.2 or 5.3 above (such period being termed the “Initial Period”) and will be automatically renewed, subject to cancellation or termination or the removal of the automatic renewal option under the provisions of this Agreement.
6. SUSPENSION & TERMINATION
6.1 Termination may occur under the following circumstances:
6.1.1 You may request the termination of any and all services provided by Line3 Internet from the client portal at any time. You may choose between immediate termination and termination at the end of the subscription period.
6.1.2 Line3 Internet may serve 30 days’ written notice on you to expire at any time.
6.2 Line3 Internet may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to you if you fail to pay to Line3 Internet any sum due under the Agreement on the due date for payment.
6.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:
6.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;
6.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;
6.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
6.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or
6.3.5 has ceased or threatened to cease to trade.
6.4 If you have purchased the Service as a Consumer, you have the right to cancel the Agreement within 7 days at no additional cost from either;
6.4.1 the date the contract is formed; or
6.4.2 the date that you receive confirmation that the contract is formed from us or whichever is the later.
6.5 You can exercise this right to cancel by contacting Line3 Internet through our support site.
6.6 You will no longer have the right detailed in clause 6.4 when Line3 Internet have commenced the Service with your consent. For the purposes of this clause your consent will be deemed to be given upon you pressing the ‘Order’ button on registration.
6.7 If you do not wish to waive these rights, then Line3 Internet will be unable to commence the Service until the end of the 7 day cooling off period.
6.8 Should your domain be transferred to another registrar (i.e. another provider of the Services), the terms and conditions of this Agreement shall cease to apply.
6.9 If the Services are terminated or suspended Line3 Internet reserve the right to the make ourselves or a third party the beneficiary of the same Services previously received by you.
6.10 If we have grounds to terminate or suspend your Services with respect to one particular Service provided through your Account, Line3 Internet may at our sole discretion terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for a material breach of this Agreement.
7. RENEWAL OF SERVICES
7.1 Line3 Internet will notify you via an email message or via your Account when Domain renewals or renewal fees are due, but you acknowledge that this is not a binding commitment on our part. Should these fees go unpaid, you will become liable for such fees for the Services, which Line3 Internet reserve the right to cancel or suspend as per the provisions of this Agreement.
7.1.1 The renewal notice schedule is as follows: First renewal notice sent 60 days before renewal, second renewal notice sent 30 days before renewal, third renewal notice sent 15 days before renewal, fourth renewal notice sent 7 days before renewal, fifth renewal notice sent 1 day before renewal.
7.2 If the Services are to be automatically renewed, Line3 Internet may attempt to renew the Services a reasonable time before expiration, provided your credit or debit card or other billing information is available and up to date.
7.3 Line3 Internet may contact you to update your billing information in the event that an attempted transaction is not processed successfully.
7.4 It is your responsibility to keep your own records, maintain your own reminders regarding when your Services are set to expire and maintain accurate and up to date billing information for the automatic renewal of any services.
8. EXPIRY OF DOMAIN NAME REGISTRATION
8.1 Immediately after the expiration of the Service but before deletion of the domain name in the database of the applicable registry, Line3 Internet may if legally entitled to do so and at our sole discretion:-
8.1.1 re-direct the domain name IP address (or addresses) and name servers designated by Line3 Internet as Line3 Internet see fit or leave your WHOIS contact information for the expired domain name intact; or
8.1.2 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name. Reactivation
8.2 For .UK Top Level Domain Names, a period of approximately a period of 30 days after the expiration of the registration term of a domain name is available to provide a procedure to renew expired domain names. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £250 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. Line3 Internet will not guarantee the renewal of a domain name.
8.2.1 For generic Top Level Domain Names, a period of approximately 30 days after the expiration of the registration term of a domain name is available to provide a procedure to renew expired domain names.
8.3 All risk remains with you should you allow the original term of domain name registration to expire and subsequently attempt to renew the Service. Line3 Internet shall not be liable for any loss arising out of such action not to offer or provide reactivation.
8.4 Expired domain name services may be available to third parties and expired domain name registration services may be re-registered to any party at any time.
8.5 After the period set out in clause 8.2, Line3 Internet may discontinue your domain name registration services at any time thereafter without notice. Line3 Internet are not obliged to notify you that your Services are being discontinued; or
8.5.1 Pay the relevant Registry’s registration fee in order for the continuation of registration services. In which case, Line3 Internet may Line3 Internet may;
8.5.2 re-direct the domain name IP address (or addresses) and name servers designated by Line3 Internet as Line3 Internet see fit; or
188.8.131.52 leave your WHOIS contact information for the expired domain name intact; or
184.108.40.206 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name. You will not be entitled any proceeds or profit that may result following any action Line3 Internet take in respect of the domain name. Line3 Internet are not obliged to contact you to notify you that your Services are being continued.
8.6 Any transfer of any domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at https://www.icann.org/resources/pages/tdrp-2012-02-25-en as well as the Uniform Domain Name Dispute Resolution Policy (UDRP).
8.7 You assume all risk for failure of any transfer irrespective of whether the transfer is initiated close to the end of a registration period.
9. MODIFICATIONS TO THIS AGREEMENT
9.1 You acknowledge that Line3 Internet may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances.
9.2 Your continued use of the domain name registered and the Services will be deemed to constitute your acceptance of this Agreement with any revisions.
9.3 If you do not agree to any amendments, you may request that your domain name registration be cancelled or transferred to another registrar in line with the terms of the Agreement and you acknowledge and accept that such cancellation or request for transfer will be the only remedy in this respect.
10. DOMAIN NAME DISPUTES
10.1 You hereby acknowledge that you will be bound by all ICANN or specific Nominet policies and any other policies of any other relevant Registry. This includes, but is not limited to, the UDRP, available at https://www.icann.org/resources/pages/dndr-2012-02-25-en
10.2 The UDRP may be changed by ICANN at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party.
10.3 Should a domain name dispute arise with any third party whatsoever, you will indemnify and hold Line3 Internet harmless pursuant to the terms and conditions of the UDRP. If you or your domain name are the subject of litigation, Line3 Internet may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate
11.1 If you license or have the intention of licensing the use of a domain name to a third party you shall remain the domain name holder on record and remain responsible for providing your own full contact information and for providing and updating the information required under clause 3 of this Agreement.
11.2 You confirm that you will obtain from any such third party their agreement to the terms of this Agreement
12. LIMITATION OF LIABILITY
12.1 The provisions of this clause set out the entire liability of Line3 Internet (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to you in respect of:
12.1.1 any breach of the Agreement; and
12.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
12.2 Nothing in the Agreement excludes or limits the liability of Line3 Internet for death or personal injury caused by the negligence of Line3 Internet, fraud or a breach of section 12 of the Sale of Goods Act 1979.
12.3 Subject to clauses 12.2 the total liability of Line3 Internet in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:
12.3.1 £100 per breach for loss of or damage to tangible property; and
12.3.2 for any other kind of loss, one and a quarter times the amount of sums paid by you to Line3 Internet pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.
12.4 Line3 Internet will not be liable to you in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract loss of revenue, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Line3 Internet or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
12.5 You acknowledge that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Line3 Internet how or for what purposes they are used.
12.6 Where you access our services from locations outside the UK, you do so on your own initiative and you are responsible for compliance with all and any applicable local laws.
13.1 You will fully indemnify and keep Line3 Internet and any associated Registries and their employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from or relating to any of the following:
13.1.1 your breach of the Agreement, negligence or other default;
13.1.2 registration, use or misuse of the domain name registered in your name, whether used by you or a third party;
13.1.3 your use or misuse of any other Service associated with this Agreement.
13.2 You also agree to indemnify Line3 Internet further to the terms and conditions contained in any applicable Dispute Policy. Should Line3 Internet be threatened with any third party claim, Line3 Internet reserve the right to the following;
13.2.1 seek written assurances from you in respect of your indemnification obligation to us; or
13.2.2 suspend or cancel your Services upon your failure to provide such assurances when requested.
13.3 This indemnification obligation will survive the termination or expiration of this Agreement.
13.4 This indemnification is made in addition to any indemnification set out elsewhere in this Agreement or as required under the UDRP, any other ICANN policy or any policy of any relevant registry.
14. FORCE MAJEURE
14.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Line3 Internet or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
15. GOVERNING LAW
15.1 Except as otherwise set forth in the UDRP or any similar policy, with respect to any dispute over a domain name registration, the construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.