PARTIES

1. The Applicant, an individual or person acting for and on behalf of a company applying to register the Domain Name (“The Applicant”)

2. Mercia Web, 142 King Street, Burton on Trent, Staffordshire, UK, DE14 3AG

1. Mercia Web WILL

1.1 Process the application and consider whether to accept or reject it in accordance with the criteria for the Domain and Sub-Domains in force at the time of the application for registration as laid down by the relevant naming authority

1.2 (if the application is accepted) Enter the Domain Name and other relevant details in the Register of Domain Names as a pending registration and, on receipt of the fee convert the pending registration to a full registration

2. The initial registration period is two years from the date of the application for registration. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time, and subject to clause 8 below

3. Once the Domain Name and the Applicant’s details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by Mercia Web

4. IMPORTANT

4.1 Mercia Web is entitled to the Register of Domain Names on a first come, first served basis, whether or not it has received payment for their registration; and, until Mercia Web has confirmed it as a pending registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. Applicants are advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration

4.2 Mercia Web may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances. Exceptional circumstances include, in particular: where to maintain the registration would put Mercia Web in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with the criteria for the Domain And Sub- Domains in force at the time of the application for registration

4.3 Mercia Web does not accept any responsibility for the use of any Domain Name on the Register of Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts

4.4 Mercia Web will use its reasonable endeavours to ensure that the appropriate details of the Applicant’s registration are correctly entered and maintained in the Register of Domain Names. All conditions and warranties which may be implied (by law or as a result of prior negotiations) into the contract between Mercia Web and the Applicant are excluded to the extent permitted by law. In no circumstances will Mercia Web be liable for any loss of profit, business or anticipated savings suffered by the Applicant

4.5 Mercia Web liability to the Applicant under the contract or otherwise (including liability for negligence) is limited to 125% of the registration fees paid in respect of a particular period of registration

4.6 The Applicant warrants to Mercia Web that the details submitted by the Applicant to Mercia Web are true and correct, and that future additions or alterations to those details will be true and correct

4.7 The Applicant warrants to Mercia Web that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. Mercia Web remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name

4.8 The Applicant indemnifies Mercia Web and each of the owners & directors against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from Mercia Web negligence or breach of the terms of the contract); and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim

4.9 The Register of Domain Names will include the names of the Applicant and the Administrative Contact and other details relating to them. This information (if it refers to individuals) is ‘personal data’ for the purposes of data protection legislation. The Register of Domain Names may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose

5. The restrictions and indemnities in clause 4 above are considered to be reasonable in the context of Mercia Web status as a company which is performing a service on a cost-recovery basis

6. If any clause of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted

7. The contract may be assigned by Mercia Web

8. Mercia Web may change the Terms and Conditions of the contract on renewal or transfer of the registration of the Domain Name. All transfers and renewals will be made under Mercia Web Terms & Conditions for the Registration of Domain Names current at the time of the transfer or renewal and, in the case of a transfer Mercia Web may at it discretion charge a transfer fee, as agreed by the transfer

9. Any notice to be given under the contract shall only be deemed to be served if delivered by hand or sent by pre-paid post, by fax or email, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the 7th day after posting