.co Terms & Conditions

Domain Name Registration Agreement

Date: May 2018

1. Introduction

This domain name registration agreement (‘Agreement’) is submitted by you, the applicant, and on registration, the licence holder of a domain name (the ‘Registrant’) to Arq Group Limited trading as Melbourne IT ACN 073 716 793 (‘Melbourne IT’) for the purpose of registering a domain name within the .co TLD.

2. Terminology

Melbourne IT is an accredited Registrar of .Co Internet S.A.S., the registry administrator responsible for administering domain names within the .co TLD (the ‘Registry Administrator’).

3. Licensing of Domain Name / Renewal

Registrant remains the responsible contracting party with Melbourne IT under this Agreement, even if Registrant licenses use of the domain name to a third party.

If Registrant has registered the domain name as a direct customer of Melbourne IT (and not via a reseller of Melbourne IT), Melbourne IT will attempt to renew the domain name in accordance with Melbourne IT’s Renewal Policy located at https://melbourneit.au/legals/renewal-policy/. Where the Renewal Policy does not apply or does not result in renewal of the domain name, Registrant remains solely responsible for renewal of the domain name.

4. Non Payment

Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant’s credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such fee, or where the Registrant’s credit card payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 4, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant’s payment of any outstanding fee, and Registrant’s payment of Melbourne IT’s then current re-transfer fee.

5. Dispute Policy

  1. Registrant agrees to subject itself to any dispute resolution process regarding the domain name that may be adopted by the Registry Administrator, as the same may be updated, modified, or replaced from time to time, including but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.
  2. Registrant agrees that any disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation or suspension of any domain name within the .Co TLD or otherwise relating to the .Co TLD between Registrant and Melbourne IT shall be governed by the laws of the State of Victoria, Australia.
  3. Registrant agrees that any disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation or suspension of any domain name within the .Co TLD or otherwise relating to the .Co TLD between Registrant and Registry Administrator shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogota, Colombia.
  4. Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the ‘UDRP’), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Agreement.
  5. Registrant understands that Registry Administrator will not review, monitor, or otherwise verify that any particular .Co registered domain name is being used in compliance with the UDRP, any other policy of the Registry Administrator or any Governmental requirement.

6. Agents and Third Parties

Registrant agrees that if this Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent or other .third party, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.

7. Initial launch and Validation Process

  1. Registrant agrees that it will be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that the Registry Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an applicant to obtain a domain name during these periods, or (b) the results of any dispute procedures. For the purposes of this Agreement (i) “Sunrise” means the period of time at the launch of the .Co TLD by the Registry Administrator during which owners of trademarks may register a domain name in the .Co TLD containing the owned mark and (ii) “Landrush” means the period of time after Sunrise when domain names within the .Co TLD will be available for registration by the general public.
  2. Registrant warrants that it has read, understands and agrees to all auction processes, rules and requirements in respect of any .Co domain application during the Sunrise and Landrush periods.
  3. Registrant will be solely responsible for all matters relating to any auction process it is invited to or participates in, and that Melbourne IT will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless Melbourne IT (or one of its related entities) and Registrant have specifically agreed in writing that Melbourne IT (or one of its related entities) will provide .Co Sunrise auction services to Registrant as part of broader domain management services provided to Registrant.
  4. Registrant agrees and acknowledges that:
    1. it authorises Melbourne IT to file documentary evidence in its name and on its behalf;
    2. documentary evidence submitted is a true and genuine copy of the original documents and is complete, accurate, up to date and not fraudulent, and is drawn up in accordance with the Sunrise requirements;
    3. it is solely responsible for complying with the Sunrise requirements and validation process, including the sufficiency and format of any documentary evidence submitted and all relevant timeframes for such submission and it does not rely on any advice given by Melbourne IT, its officers, employee, agents or subcontractors.

8. Limitation of Liability

To the maximum extent permitted by law, none of Melbourne IT, the Registry Administrator or any validation agent appointed by the Registry Administrator (‘Validation Agent’) will be liable in any way for any direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission of Melbourne IT , the Registry Administrator or the Validation Agent or any act or omission of the officers, employees, agents or sub-contractors of Melbourne IT, the Registry Administrator or the Validation Agent. If any legislation implies in this Agreement a term or warranty, the Registrant agrees that Melbourne IT’s liability under this Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again.

9. Indemnity

To the maximum extent permitted by law, Registrant agrees (within thirty days of demand) to indemnify, defend and hold harmless Registry Administrator, Melbourne IT and any Validation Agent and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name, Registrant’s use of the domain name, any product or service of Melbourne IT or its resellers, any pre-registration application, validation process, bidding process, dispute policy or procedure, the registration, extension, renewal, deletion, and/or transfer of the domain name or the violation of any applicable terms or conditions governing the registration.

Registrant shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation survives the termination or expiration of the this Agreement for any reason.

10. Breach

Registrant agrees that failure to abide by any provision of this Agreement or the relevant domain name dispute resolution rules may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within ten (10) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not breached its obligations, then Melbourne IT may delete Registrant’s registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means.

11. No Warranty by Melbourne IT or the Registry Administrator

Registrant agrees that neither the pre-registration application nor registration of a domain name grants any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the, registration or use of the domain name.

12. Acknowledgements, Agreements and Warranty

12.1 Registrant acknowledges and agrees:

  1. that it is Registrant’s responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure to renew the domain name.
  2. to comply all of the following:
    1. all laws, rules, regulations, policies, procedures, ordinances, and decrees of the Government of the Republic of Colombia and/or of any agency or quasi-agency thereof, including, without limitation, MINTIC (collectively, the “Colombian Government”) that are now in effect or that may come into effect from time to time, and (b) all terms, conditions and restrictions of Registry Administrator’s designation from the Colombian Government to serve as the manager of the .Co TLD (including as may be set forth in the MINTIC Agreement) that are now in effect or that may come into effect from time to time and which are applicable to Registrants; and
    2. all Registry Administrator policies as may be amended, updated, modified or replaced from time to time including, but not limited to, operational standards, policies, procedures, and practices for the .Co TLD as set forth in the MINTIC Agreement and as established from time to time by Registry Administrator in a non-arbitrary and non-discriminatory manner consistent with the MINTIC Agreement, including, without limitation, Adopted ICANN Policies and those set forth in the .Co Registrar Reference Guide provided to Melbourne IT (the “Registrar Guide”) and the Registry Administrator’s privacy policy.
  3. that Registrant assumes all responsibility and liability arising out of any assignment by Registrant of any .Co Ltd domain name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the domain name, or any website associated with, the
  4. that neither Melbourne IT’s acceptance of Registrant’s registration request nor the actual registration of any .Co TLD domain name shall be deemed an indication that Registry Administrator, Melbourne IT or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive and perpetual right of use and enjoyment of the domain name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Registry Administrator, Melbourne IT nor the Colombian Government shall have any liability or responsibility arising therefrom.
  5. to be bound by the terms and conditions of the general operation of the .Co TLD and that Registry Administrator shall have no liability of any kind for any loss or liability resulting from the results of any dispute procedures.
  6. that Melbourne IT does not guarantee that any .Co domain name applied for by Melbourne IT on behalf of the Registrant will be successfully registered by the Registry Administrator. The Registrant acknowledges that it will not take any action in respect of its .Co domain name until the successful registration of that .Co domain name is confirmed in writing to the Registrant.
  7. that there are strict timeframes for registration during the different Sunrise and Landrush phases and also strict timeframes for the submission of any necessary or requested supporting documentation (both at time of application and during the pre-registration verification period), and that it is Registrant’s responsibility to ensure it is aware of and complies with these strict timeframe requirements.
  8. that Melbourne IT is only responsible for submitting the initial domain application to the Registry Administrator and that Registrant is responsible for all other correspondence with the Registry Administrator, including the submission of supporting documents to the Registry Administrator and making any application to the Registry Administrator for reconsideration of a failed application, unless Melbourne IT (or one of its related entities) has specifically agreed in writing to provide .Co domain registration services as part of broader domain management services to you.

12.2 Registrant certifies, represents and warrants to the best of the Registrant’s knowledge, information or belief under penalty of fraud that:

  1. all data provided by Registrant in a domain name registration application is true, correct, current and complete and it will ensure that all such information will be kept up to date;
  2. neither the registration nor the use of the requested domain name interferes with or infringes upon or otherwise violates the lawful rights of any person;
  3. the domain name has not been registered for and will not be used for any purpose that is fraudulent, unlawful, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk e-mail, phishing, pharming use of botnets, malware, infringement of the legitimate trademark right of others, or any other abusive practices; and
  4. the Registrant has the full power and authority to enter into this Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.
  5. it has read and understood and will comply with all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry Administrator as updated from time to time in respect of its .Co domain names; and
  6. it is of legal age and capacity to enter into this Agreement.

13. Revocation

Registrant agrees that Melbourne IT may delete a Registrant’s domain name if any information required to be supplied by the Registrant under this Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Agreement.

14. Right of Refusal

Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Melbourne IT, in its sole discretion, reserves the right to refuse to approve this Agreement for any Registrant. Registrant agrees that the submission of an application for a domain name does not obligate Melbourne IT to accept this Agreement. Registrant agrees that Melbourne IT is not liable for loss or damage that may result from Melbourne IT’s refusal to accept this Agreement.

15. Change in Registrar

Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT.

16. Suspension, Cancellation, Transfer

Registrant agrees that registration and exclusive and perpetual right of use and enjoyment to its domain name shall be subject to denial, suspension, termination, cancellation, hold, registry-lock or transfer by Melbourne IT or the Registry Administrator:

  1. if the Registry Administrator or Melbourne IT determines that Registrant has provided information that is incorrect, false, or inaccurate either in the initial registration process or in any subsequent communications or in the event Registrant violates any of the terms of this Agreement.
  2. to correct mistakes by Melbourne IT or the Registry Administrator or the Registry Services Provider in connection with the domain name;
  3. during resolution of a dispute or where arbitration or court proceedings being commenced with respect to the rights to the domain name;
  4. in the interest of safeguarding compliance with the Registry Administrator’s security or registration policies or as a result of a dispute resolution.
  5. to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process;
  6. to avoid any liability, civil or criminal, on the part of Registry Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers;
  7. for violations of the Agreement between Melbourne IT and the Registry Administrator.
  8. if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in connection with:
    1. any activity that infringes the intellectual property rights or other rights of third parties;
    2. any activity that defames or disparages any person; or
    3. any otherwise illegal or fraudulent activity.

17. Provision of Registration Data

Registrant agrees that as part of the registration process for .Co TLD domain names, it is required to provide the following information and to update the information to keep it current, complete and accurate. This information includes, but is not limited to:

  1. the domain name registered;
  2. the IP address and corresponding names of the Registrant’s primary and secondary nameservers for the domain name;
  3. the original creation date and term of the registration;
  4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the Registrant for the domain name;
  5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain name;
  6. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the domain name. Registrant undertakes to promptly correct and update such information during the registration period and to respond within fifteen (15) calendar days to inquiries from Melbourne IT concerning the accuracy of the above information.

18. Use of Information

18.1 Registrant agrees that all official contact, correspondence and/or other information sent from or on behalf of Melbourne IT, Registry Administrator or any other relevant official will be transmitted to the administrative contact information as it so appears in the registry database. Registrant warrants that the designated administrative contact is authorised to receive all such communication and information.

18.2 Registrant consents and authorises Melbourne IT and Registry Administrator to publish the following information in the WHOIS database and elsewhere:

  1. Names, addresses, telephone numbers and email addresses of the Registrant and Registrant’s designated administrative contact.
  2. Name, address, telephone number and email address of the Registrant’s technical contact.
  3. Dates related to the creation, last update and expiration of the Registered Name.

18.3 Registrant grants Registry Administrator a non-exclusive, non-transferable, limited license to such data for propagation of and the provision of authorized access to the TLD zone files and as otherwise may be deemed necessary by Registry Administrator for the operation and promotion of the .Co TLD.18.4 Registrant consents to and acknowledges that information (including personal data) obtained from Registrant will be:

  1. transmitted to the Registry Administrator for registry use; and
  2. used by Melbourne IT and or its related corporations for inclusion in registers and data bases produced by Melbourne IT or its licensees;

18.4 Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at www.melbourneit.au/privacy/ .

18.5 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.

19. Severability

Registrant agrees that the terms of this Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

20. Entirety

Registrant agrees that this Agreement and the relevant domain name dispute policy is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant’s .Co domain name. This Agreement and the relevant domain name dispute resolution rules supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

21. Governing Law

Registrant agrees that this Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia. By submitting this Agreement, Registrant consents to the non-exclusive jurisdiction of the courts (including the appellate courts) of that State exercising jurisdiction there in connection with matters concerning this Agreement.

22. General

Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.

Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.

23. Amendment

Melbourne IT may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If:

  1. the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
  2. the change is required by law, the Registry Administrator, any applicable regulatory body or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
  3. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and
  4. for all other changes, we will also give you at least 30 days notice prior to the change.