These terms and conditions relate to your use as customer (“you” or “your” as appropriate) of the domain name registration services provided by Preferred Names Limited a company registered in England under Company Registration Number 4689139 (“we”, “us” or “Preferred Names” as appropriate) which enable you to register an Internet domain name (“the Agreement”).

You 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 us from time to time, and the terms and conditions, rules and regulations set forth by the relevant registry administrators overseeing their respective domains. This Agreement will become effective upon acceptance by us of your registration but we reserve the right to accept or reject any application for registration of a domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.

1.1 The domain name registration services provided by us to you under this Agreement include the following:-

1.1.1 Providing domain name registration services for domain names within the .com, .net, .org, .name, .info, .biz, .cn, .us, .cn, .net.cn and .com.cn domains.

1.1.2 Registry administrators Tucows, ICANN and Nominet oversee the above domains and you will be bound by their terms and conditions which can be found here .

1.1.3 On receipt of the information necessary received from you we will submit this to the relevant registry administrator for approval processing.

1.1.4 The registry administrator will then put into effect the domain name registration.

(hereinafter referred to as “the Services”).

1.2 You agree that we are not obliged to offer telephone support as part of this Agreement.

2.1 In respect of the Services you will be charged in accordance with our price list as amended from time to time and found here .

2.2  The charges referred to in clause 2.1 above will be incurred prior to approval of the domain name registration and are non-refundable.

2.3  Your application will not be registered until we have received cleared funds in respect of the relevant registration fee. 

2.4 In the event that you are credited by your credit card company or other payment provider authorised by us the domain name registration will be transferred to us as the payer.

2.5 At our sole discretion we may reinstate your registration upon receipt of the relevant fee and the reinstatement fee. The reinstatement fee is currently $280 in respect of each domain name reinstatement.

2.6 Payment is only accepted by credit card or other methods that we indicate in our registration application form or renewal form. We will renew your domain name for you PROVIDED THAT 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.

3.1 You agree to be bound by our domain name dispute policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated into this Agreement and governs a dispute between you and a third party regarding registration and use of the domain name and is specific to the relevant domain name you have registered. There is a link to the Dispute Policy here . This policy has been adopted by the Internet Corporation for Assigned Names and Numbers (‘ICANN') and is incorporated by reference to your registration.

3.2  You hereby agree that you will be bound by the Dispute Policy in effect at the time the domain name registration is disputed by a third party.

3.3 You further agree that in the event that a domain name dispute arises with any third party, you shall indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

4.1  Information required from you

4.1.1 You are required to submit to us the following information in connection with your application for domain name registration:

4.1.1.1  the domain name to be registered; and

4.1.1.2  the domain name holder's name, postal address, e-mail address, telephone number and fax number.

4.1.2 If the domain name holder's details are different to those of the billing contact we shall also require their information.

4.1.3 You are required to keep the information referred to in clause 4.1.1 updated at all times and we reserve the right, at our sole discretion, to refuse to renew any registrations unless you maintain current and updated information at all times in accordance with this clause 4.

4.1.4 We may, from time to time request additional information from you. You are not obliged to provide such information but if not provided you may not have the opportunity to obtain all products and services which are available to our customers.

4.2  Additional Information Maintained

We will maintain additional information relating to your domain name registration for our own purposes including:

4.2.1 the date and time the registration application was submitted to us and the appropriate supplier;

4.2.2  the original creation date of the registration;

4.2.3  communications constituting registration orders, modifications, or terminations and related correspondence;

4.2.4  records of account for your domain name registration, including dates and amounts of all payments and refunds;

4.2.5  the IP names and address of the primary name servers and any secondary name servers;

4.2.6  the expiration date of the registration; and

4.2.7  other information regarding all other activity regarding your domain name registration and related services.

If you provide information about a third party to us, you hereby warrant that you have provided notice to and obtained the express consent of that third party to the disclosure and use of the third party's information as provided in this Agreement.

4.4.1 You hereby agree to authorise us to provide any information to the registry administrators and other third parties as they and applicable laws may require. You also agree to us making publicly available, some or all of the domain registration information provided by you, for purposes of inspection for specific targeted marketing, or for any other purpose as required or permitted by the registry administrators and applicable laws.

4.4.2 You hereby acknowledge that the registry administrator may establish guidelines, limits and requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is to be made available.

4.4.3 You hereby consent to all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information from time to time provided 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 claims you may have arising from such disclosure or use of the domain name registration information.

4.4.4 You may access your domain name registration information held in our possession to review, modify or update such information, by accessing our website at http://www.preferrednames.com

4.4.5 We will not process any data about any identifiable individual that we obtain from you in any ways that are incompatible with the purpose and limitations described in this Agreement or with the Data Protection Act 1998 (“the Act”). We will take reasonable precautions to protect the information we obtain from you from any loss, misuse, unauthorised access or disclosure, alteration or destruction of that information.

4.4.6 Furthermore, for the purposes of the Act you consent to the processing of all or any personal data (in manual, electronic or any other form) relevant to this Agreement, by us, any supplier and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the European Economic Area (EEA).

5.1 You hereby agree and acknowledge that we own the following:

5.1.1  all intellectual property rights, database, compilation, collective and similar right, title and interests worldwide in the domain name database;

5.1.2  all information and derivative works generated from the domain name database; and

5.1.3  information for the registrations for which we act as the registrar including:

5.1.3.1  the original creation date of the registration;

5.1.3.2 the expiration date of the registration;

5.1.3.3 the name, postal address, email address, telephone number, and fax number of the domain name holder (and billing contact if applicable);

5.1.3.4  remarks concerning the registered domain name that appear or should appear in the database specifically kept for marketing purposes; and

5.1.3.5  other information generated or obtained in connection with the provision of the Services.

5.2 We do not have any interest in your specific personal registration information outside of our domain name database.

6.1 You agree that where you register a domain name for another person, firm, company or organisation you warrant that you have the authority to bind that person, firm, company or organisation as a principal to all terms and conditions contained in this Agreement.

6.2 You hereby acknowledge and agree that if you license the use of your registered domain name to a third party, you will remain the domain name holder on our records and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information adequate to facilitate timely resolution of any problems that arise in connection with domain name and domain registration.

7.1 You agree that we shall, under no circumstances, be liable for any special, indirect, incidental or consequential loss resulting from loss of profits, arising out of or in connection with this Agreement, and in particular we will not be liable for the following:

7.1.1  suspension or loss of your domain registration;

7.1.2  use of your domain name registration;

7.1.3  interruption to your business;

7.1.4  access delays or interruptions to any web sites accessed by your registered domain name;

7.1.5  non-delivery, mis-delivery, corruption, destruction, or modification of data;

7.1.6  events beyond our reasonable control as highlighted in clause 12 below;

7.1.7  processing of an application for domain name registration; or

7.1.8  application of the Dispute Policy.

7.2 We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the supplier arising out of or related to your application, receipt of, or failure to receive a domain name registration.

7.3 Our maximum aggregate liability to you shall not, in any event, exceed the total amount paid by you for registration of the domain name in any particular term.

You hereby agree to indemnify and hold us and the registry administrator harmless including our and their employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and relevant disbursements), or other proceedings 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.

9.1 You hereby warrant that:

9.1.1  all information provided in connection with your domain name registration is accurate; and

9.1.2  neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

9.2 You hereby acknowledge and agree that we make no representations or warranties of any kind, express or implied, in connection with this Agreement or the Services, including but not limited to warranties of merchantability or fitness for a particular purpose.

9.3 We make no representation or warranties of any kind that registrations or use of a domain name under this Agreement will hold you harmless from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you by any third party.

10.1 We reserve the right to suspend, cancel, transfer or modify your domain name registration in the event that:

10.1.1  you commit a material breach of this Agreement or a breach that is capable of remedy but is failed to be remedied by you within 21 days of receipt of notice thereof in writing;

10.1.2  you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;

10.1.3  you use your domain name in connection with unlawful activity; or

10.1.4  grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.

10.2 You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any registrar (including us) or registry administrators procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by us, another registrar or the registry administrators in administering the name or for the resolution of disputes concerning the domain name.

10.3 You also agree that we shall have the right in our sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon 7 days prior written notice, or at such time as we receive 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.

10.4 You acknowledge and agree that:

10.4.1  providing inaccurate information;

10.4.2  failing to update information promptly; or

10.4.3  failing to respond to our enquiries concerning the accuracy of contact details within 14 days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

11.1 You acknowledge and recognize that the Services provided by us are continuously developed and updated, and acknowledge and agree that we shall modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which we are or will be bound, and to adjust to changing business circumstances.

11.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and any such 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.

12.1  We shall not be liable for any failure to provide the Services or perform any obligation under this Agreement arising from circumstances outside our control.

12.2  Non exhaustive illustrations of circumstances outside our control include but are not limited to 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, abnormal weather conditions, fire, flood, tempest, lightning or explosion.

13.1  This Agreement shall be subject to and construed in accordance with English Law, and the parties hereto submit to the jurisdiction of the English Courts.

13.2  Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 14.

Any notices to be served on either party by the other shall be:

14.1  sent by registered post to the postal address of the relevant party as notified by you or detailed on our website or by e-mail;

14.2  deemed to have been received by the addressee within 48 hours of posting or 24 hours if sent by e-mail to the correct e-mail address.

15.1 No third party shall have any right to enforce or rely on any provision of this Agreement which does or may confer any right or benefit on any third party directly or indirectly, expressly or impliedly and hence no third party shall have any right under the Contracts (Rights of Third Parties) Act 1999.

16.1 No delay, neglect or forbearance on our part in enforcing any of the terms and conditions of this Agreement shall be or deemed to be, a waiver of any of rights under this Agreement.

16.2 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by us, we shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which we may be entitled to claim.

16.3 You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without our prior written consent.  However, in the event that we do consent to such an assignment, sub-license or transfer, then the terms of this Agreement shall be binding upon the parties and their respective successors and permitted assigns.

16.4 This Agreement constitutes the entire agreement between us and this Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the Services provided.

16.5 This Agreement forms the whole of the agreement between us and may not be amended or modified unless agreed in writing and signed by both you and our authorised representative.

16.6 You hereby agree to 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.

16.7 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between us.

16.8 In the event that any provision of this Agreement shall be or become unenforceable, invalid or void under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole but we shall amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

You acknowledge and recognize that all contact with us in the first instance should be made via e-mail to: names@preferrednames.com or via our postal address being Preferred Names, PO Box 22735 , London , N22 6ZB , England .