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Proposed Terms and Conditions

- Summary of Changes

- Revised Terms and Conditions (Word)

- Revised Terms and Conditions (pdf)

- Consultation Responses

  The small number of changes are largely enabling clauses that will facilitate the smooth introduction of the expanded WHOIS and the new Tag Change policy.

The first half of the Terms and Conditions introduce new clauses that clarify the Registrant's ability to opt-out of having their name and address details displayed if they are a non-trading individual. The specific changes are as follows:

The addition of a new second paragraph to draw the Registrant's attention to the opt-out facility means that if they are a consumer (non-trading individual) they can choose not to have their address details displayed on the WHOIS. The Terms and Conditions have always enabled Nominet to display the data held in the Register, however as a result of the changes consumers will be able to positively choose not to have their address details published.

Clause 6b covers the use of personal data and explains the facility for consumers (ie non-trading individuals) to opt-out of having their details displayed.

Clause 6d enables Nominet to provide address details for Registrants on receiving a legitimate written request from an enquirer. Nominet may provide their address to third parties in certain circumstances. Nominet may provide a registrant's address, for example, on request from the police or customs and excise in relation to criminal activities, for reasons of national security, on receipt of a court order or where the data is necessary in relation to the protection or exercise of legal rights. In all circumstances Nominet will exercise its discretion in accordance with its obligations under the Data Protection Act 1998.

At the end of Clause 6, it is highlighted that if it is discovered that a Registrant is falsely claiming to be a non-trading individual and as a result they are using the opt-out facility, Nominet will post the Registrant's address details onto the WHOIS.

Clause 8.8.5 has been added. This gives Nominet the right to transfer, suspend, cancel or amend a domain name if the Registrant (who is not a consumer) withdraws their agreement to having their personal data displayed on the WHOIS.

Clause 8.8.6 is new. This gives Nominet the right to transfer, suspend, cancel or amend a domain name if a consumer does not wish to have their personal data displayed and refuses to use the opt-out mechanism offered by Nominet.

The changes at Clause 9 reflect the new policy for when a Registrant wishes to change their registration agent or ISP. This is explained in further detail under the new Tag Change Policy.

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