There is no simple legal equivalent to this concept, since the domain name is recognised by the informal international agreement that has worked well for the past 30 years, and enabled the Internet to develop relatively unhindered by political or legal misdirection and interference.

So by applying for a domain you are becoming a "paid up" member of this community.

Domain names are issued subject to specific terms and conditions in each country where name registries exist. The full details for the two main registries cover the UK and the widely accepted International registry based in the USA are available from the links alongside.

This can be a tortuous process, and we seek to summarise the essential details here. There are few laws and regulations that apply to the process, and as far as the UK courts have been concerned, somewhat refreshingly, common sense has been the rule most frequently applied in contested cases.

The registries specifically operate a first come-first served principle, since any attempt to make judgements on who is entitled to what name will immediately lead to contention.

Similarly, although USP Networks may advise clients on strategies and availability, you are at liberty to register any name that is not currently taken, and you will not be advised prior to purchase that it may be the subject of contention or litigation.

You should avoid scope for contention where ever possible, and avoid the obvious pitfalls:

• You should not attempt to register a name for a trade mark that does not belong to you. Although it is possible to register a trademark separately in a number of separate categories
• You should remember that the usual laws of defamation and libel exist in the choice of domain names, even if there are no specific country laws pertaining the concept or process of the domain name.
• You should remember to keep us updated of your current contact information, as without it you will not receive a courtesy reminder of when your domain name is up for renewal.

Transfer of names
There is a gentlemen's' agreement between internet service providers that clients' domain names will be transferred at no cost.

However, as a result of a number of measures implemented to prevent malicious or careless transfer of domains, the process of name transfer is now more complex than registration, and some service providers will require that a fee be paid to perform some or all of the procedures required. At the current time, USP Networks makes no charge for transfer of domains in the .uk

However, we reserve the right to charge up to £100 for transfer of domains in .com, .net and .org, and this depends on the nature of the original application and the availability of the registered technical an administrative contacts.

Change of Registrant
The change of the registrant (note that the term "owner" does not apply) requires that the domain be cancelled and reissued. This will require a new registration fee to be paid.

Domain Renewals
Although USP Networks sends out domain renewal proformas to customers for each domain it holds USP Networks cannot be held responsible for the lapsing of a domain name's registration. USP Networks will make every effort to renew a domain but cannot be held accountable for any company or individual loss brought about by the nonrenewal of a domain name as it is the registrant's responsability to check that the domain in question has been positively renewed. It is the registrant that has responsability to retain any and all domains upon date of registry renewal.

Names Held as Nominee
It is possible for the user of a domain name to appoint an ISP or any third party to act as a nominee to hold the name on your behalf. Such an arrangement may be subject to a formal legal agreement, or you may choose accept that a member of the professional trade body that governs the management of domain names in the UK (Nominet) will be expected to act ethically and responsibility in provision of a professional service.

Terms & Conditions Regarding Webservers

Supply
USP Networks undertakes to provide an area on a designated USP Networks web server for use by the customer. USP Networks will use all reasonable endeavours to ensure that data stored on a USP Networks web server is kept secure and access is only allowed to this data by persons authorised by the Customer. USP Networks undertakes to keep the Server available at all times for use by the Customer and the end-users of the Customer. USP Networks will provide suitable mechanisms to allow appropriate access to the data by authorised end- users.

Insurance
The Customer will be responsible for insuring themselves against loss or damage to the data. In no event will USP Networks be liable for loss or damage to the data stored on one of the USP Networks web servers.

Effective Delivery Date And Anniversary Data
The effective delivery date for web server services shall be the day on which USP Networks send the access information to the Customer’s Technical Point of Contact, or the effective delivery or commission date of any accompanying USP Networks services, whichever is the later.

The Initial contract shall expire on the anniversary date, being one year from the effective delivery date, but the contact will continue in force automatically thereafter on the yearly basis unless three months’ written notice of termination is given by either party.

Price And Payment
USP Networks will issue invoices in advance for VAT purposes and payment for domain name management and all forms of bandwidth provision will be in advance. The installation fee will be invoiced on the effective delivery date, payment being due within 14 days. Accounts in default may be charged interest on the outstanding balance on a daily basis, at the rate of 3% over Lloyds Bank plc base lending rate in force from time to time, from the date of invoice until the date of payment before as well as after judgement.

USP Networks reserves the right to interrupt service to the Customer in the event of any default of payment. Such interruption does not relieve the Customer from paying any amount overdue and payable under this clause.

Termination Penalty
If the Customer terminates this contract at any time before the end of the first year USP Networks will charge a termination fee of six months annual subscription, payable at the data of termination.

If the Customer terminates this contract at any time after the end of the first year without giving three months’ notice as required above, USP Networks will charge a termination fee of three month’s annual subscription, payable at the date of termination.

If the Customer upgrades to a higher level USP Networks service at any time, they will not be liable to any termination fee.

Improper Use
A USP Networks server may only be used for lawful purposes by the Customer Storage on or Transmission to the server of any material in violation of any UK law or regulation is prohibited. Such storage or transmission includes, but is not limited to, copyright material, material legally judged to be threatening or obscene, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.

The customer acknowledges that USP Networks is unable to exercise control over the content of the information passing over the USP Networks connection and/or the USP Networks network and /or the USP Networks server, and USP Networks hereby excludes all liability of any kind for the transmission or reception or storage of infringing information of whatever nature. The Customer hereby agrees to indemnify and hold USP Networks harmless from any claim brought by third parties alleging that use of the USP Networks network and/or the USP Networks server by the customer has infringed any intellectual property right of any kind or any applicable UK or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against USP Networks arising from such claims, and shall provide USP Networks with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer’s sole expense.

The Customer undertakes to conform to the protocols and standards as recommended from time to time by USP Networks Internet Services in connection with the provision of this service. In the event that communications or use of the Server by a Customer do not conform to these standards, or if the Customer makes profligate use of the USP Networks network or Server to the detriment of USP Networks or USP Networks customers, USP Networks reserves the right to restrict passage of that Customer’s communications until they give a suitable undertaking as to use.

Without prejudice to the foregoing, USP Networks consider that any applications which transmit live video, live audio, or make similar traffic demands across the network or the Server by whatever means, will be considered to be making proliferate use of the network or the Server and as such are not allowed unless specifically authorised in writing. Use of IP Multicast other than by means provided and co-ordinated by USP Networks is likewise prohibited.

Restriction On Sub-Leasing/Re-Selling Etc.
The Customer in entering into this contact undertakes that it will not assign, sub-lease or in any other way transfer the USP Networks connection or web services. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by USP Networks, in which event the Customer will be liable for the termination fee.

Exclusion Of Warranties
Any condition or warranty which might be implied or incorporated within this contract, by reason of statute or common law or otherwise, is hereby expressly excluded so far as may be permitted by law. While USP Networks will use all reasonable endeavours to provide a prompt and continuing service it will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of USP Networks, or by errors or omissions of the Customer. In no circumstances whatsoever will USP Networks be liable for economic or consequential loss. USP Networks specifically excludes any warranty as to the quality or accuracy of information received through the services.

Data Protection
USP Networks reserves the right to put the names and other information from the registration form relating to its Customer into a computerised directory for internal use only, unless specific written instructions are received from the Customer.

Migration To Metered Volume Charges
The price quoted to the customer is currently based on the continued availability of "flat rate" Internet connection services from "upstream" service providers and telecommunication companies. In view of the continued escalation in consumption of bandwidth by internet users, there is a probability that the flat rate scheme will be changed to metered volume where the number of bytes downloaded from each server is monitored and forms the basis of charging, in the foreseeable future, and in such an event, due notice will be provided and the consequences will be quantified as far as practical.

Legal
These Terms and Conditions are governed by and shall be construed in accordance with the Laws of England.

From Nominet : The issuers of the .uk tag

Warning
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK) on the conditions shown HERE , which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uk names, see the rules on our website at www.nominet.org.uk