Updated 23 August 2022
View the terms and conditions for Discontinued Products.
You are also required to read and agree to Our General Terms & Conditions;
1.1 Registration Agreement
1.2 Rules of registration
1.3 TLD Specific Terms
The following provision apply to this Registration Agreement depending on the TLD space of the domain name.
1.4 ICANN Mandated Terms and Materials
Netregistry is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:
1.5 Renewal / Expiration of the Domain Name License
Netregistry will send certain domain expiration notices by email to you prior to and following (where applicable) the Expiry Date of the domain name license, as required by ICANN’s Expired Registration Recovery Policy. If you have registered your domain name as a direct customer of Netregistry (and not via a reseller), and have selected the auto-renewal option, we will attempt to renew your domain name prior to its expiration. Where you have not elected to have your domain name automatically renewed, you may renew your domain name with Netregistry at any time before the date 30 days after the Expiry Date (Renewal Deadline). You acknowledge that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to us the redemption fee (the current redemption fee is set out at here and is subject to change).
All whois privacy applications are subject to the relevant requirements and policies of My Private Registration and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by My Private Registration.
3.1 A Domain Backorder service means a request by you to Netregistry for a domain name that is not available for public registration at the time the back order request is submitted, but which we will monitor, and if and as the domain selected becomes available for public registration, Netregistry will attempt to register it on your behalf.
3.2 Domains will only become available if:
3.3 By entering into a domain back order service on any domain you agree and understand that:
General
4.1 All hosting plans are allocated bandwidth and storage depending on the service plan you have selected. If you exceed your plan limits, you may purchase additional bandwidth and/or storage, failing which your account may be suspended or we may charge you an additional fee, at our sole discretion.
4.2 Any action or process that consumes resources beyond a reasonable level and thus degrades the shared environment for other users is expressly prohibited. This includes but is not limited to:
4.3 If we determine that any site on our servers is using too much of the server’s resources and degrading the shared environment, we reserve the right to suspend the account attached to that site without prior notice.
4.4 We perform snapshots of server data daily and these are retained for 14 days only. You shall be solely responsible for maintaining backup copies of your server content and information. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content.
Traffic/Bandwidth
4.5 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB and will be invoiced monthly in arrears. Netregistry will provide an online interface allowing authorised users to monitor website data traffic. This includes both inbound and outbound traffic.
4.6 Hosting service plans which specify UNLIMITED data transfer are always subject to our Acceptable Use Policy at all times. Should your site exceed data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
Storage Usage
4.7 The disk space associated with your plan should only be used for files required for the normal operation of your website, or, which are linked to in that website. You must not use this service as an online file repository.
4.8 Any site that uses greater than 89,000 number of files or inodes (every file on your hosting account uses 1 inode or 1 file), or that causes an impact to the filesystem by consuming excessive storage, will be subject to review and possible suspension, and we may delete files that do not meet our hosting criteria.
Sitebuilder Hosting
4.9 Netregistry may delete drafts of any unpublished Sitebuilder pages that have not been updated within any given 12-month period.
4.10 If you wish to retain a draft of any unpublished Sitebuilder page, you must update the unpublished Sitebuilder page at least once within a 12-month period. If you fail to update the unpublished Sitebuilder page within a 12-month period, Netregistry may delete the draft of the unpublished Sitebuilder page.
4.11 All drafts of unpublished Sitebuilder pages created prior to 31 December 2020 will be deleted.
Email Hosting
4.12 Email Hosting services are subject to storage limitations outlined in your plan. You must comply with our notices to reduce your mailbox size. If you fail to respond to our requests within a reasonable time, we may block email sending/receipt or auto-delete emails in order to help manage your storage limits.
4.13 For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
4.14 For any service plan that includes “Professional Email” powered by Microsoft Office 365, the following terms apply:
What is Done For You?
5.1 Done For You Establish and Build plans are subscription services to design, build, host and manage your business website.
5.2 Done For You WordPress plans are pro-build services available at a one-off cost as set out on the website at the time of purchase.
5.3 Done For You Establish and Build are provided using template designs. The templates are customisable to a degree but contain inherent limitations. We do not provide any guarantee that the templates can be customised to meet all your requirements.
Done For You WordPressplans are provided using modular designs. The modular designs are customisable to a degree but contain inherent limitations. We do not provide any guarantee that the templates can be customised to meet all your requirements.
5.4 We may use third party contractors to perform the services. If we do, we will pass to those contractors your contact details and any information or materials that you supply to us such as the description of your requirements and content to be included in the website.
Term of the service – your commitment
5.5 With the exception of the “no fixed term” Establish plan, a minimum term (Initial Term) of 12 months applies to the Services. The Initial Term will commence when you accept our proposal. If you select the monthly payment option, you will be required to pay an upfront set-up fee and a monthly fee for each month of the Initial Term. If you select the up-front payment option, you will be required to pay all fees at the commencement of the Initial Term. The fees that are payable to us for the Initial Term are the Total Contract Value.
There is no minimum term to the “no fixed term” Establish plan. You will be required to pay an upfront set-up fee and monthly subscription fee in advance for each month (or part month) that you receive the Establish services.
5.6 If you have selected the monthly payment option, upon expiry of the Initial Term, your service will be automatically renewed on a monthly basis . If you have selected the upfront payment option, upon expiry of the Initial Term, your service will be automatically renewed for a further term of 12 months.
What features are there?
5.7 We will build your website using category specific, pre-produced images from our libraries. We will also supply written content based on the requirements of your brief. If you prefer, you may provide us with your own content. If you do so, you are solely responsible for ensuring that the content you supply complies with all applicable laws and does not infringe the rights of any third party. We reserve the right to refuse to use any content that breaches our Acceptable Use Policy.
5.8 Any software or plugins made available to you by us for use with the service (Add-ons) must be associated with your Done For You Website and are not transferable to any other accounts you have with us, or any other websites. Not all Add-ons may be compatible with your website which is why you need to confirm your requirements before the build commences. These Add-ons require an active plan to the Services to remain active. We offer a number of Add-ons as standard for all Services which are subject to change and may be removed or added at our discretion and without notice to you. Many of the Add-ons are plugins which are supplied by third parties and we can only provide limited support for them. Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated.
5.9 If your service includes compatibility for a third party plugin:
5.10 Your Done For You Establish and Build website is backed up each time it is republished, but these are limited to 10 available backups within the last 12 months. Done For You WordPress plans are backed up daily for a rolling period of 7 days. If you need to restore your website from a backup, we will use best efforts to do so but cannot be liable if the backup is incomplete or corrupt.
5.11 Whilst this service does not include security services, we will use best endeavours to secure your website, however, you accept that it is not possible to prevent all malicious activity. We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
5.12 If you wish to upgrade your Done For You Establish service to the Build plan this is possible through your cPanel hosting. If you wish to upgrade your Done For You Build service to the WordPress plan, this would require a new website build due to platform constraints. Whilst we will use all reasonable efforts, it may not be possible to reuse any part of your old website.
Delivery of the Service
5.13 There are several steps to the delivery of the Services. Completion of the design and build in a timely manner depends upon your responsiveness to our requests for feedback and/or approvals Unless stated otherwise, we will expect you to respond to our requests within 5 business days. We are not responsible for any delays in provisioning the Service because of your failure to respond as requested or required.
Change in Scope
5.14 If you request a material change in scope after the Brief has been finalised, we may treat this request as a cancellation of the service at our discretion (reasonably applied), and the cancellation terms will apply. The new scope will then be treated as a new order.
The steps are as follows:
| Delivery steps | Details |
|---|---|
| Welcome call | We will make an appointment to speak to you by phone to obtain your detailed requirements and instructions. All customer requirements, including selection of a template, must be finalised at the Welcome Call, or within 5 business days afterwards, otherwise a selection will be made on your behalf. |
| Brief | We will email you with the agreed list of requirements obtained from the welcome call. If you do not respond to the Brief within 5 business days by email, we will assume you do not require any further changes and will proceed to the first draft.
If you wish to use your own content, then that should be provided within 5 business days of the Welcome Call. |
| Draft and review process | After acceptance of the Brief, we will use best efforts to supply a first draft:
For Core plan within 25 business days For Core Plan + Advanced Addon within 27 business days For Core Plan + eCommerce Addon within 30 business days. Two revisions are included in all plans. You will be required to review the website draft and provide feedback within 4 business days of receiving each draft. If you fail to respond within that timeframe, the review process will be regarded as complete and you will be deemed to have accepted the completed website. We may cancel the services if you have failed to respond to our requests for feedback for longer than 3 months and the cancellation terms will apply. |
| Go live | You need to provide approval for website Go-live. The website does not go live until email approval is provided.
The ongoing monthly fees will continue to be charged after completion of the review process even if the website does not go live. |
| Support post go live | Any support or revision required post web build will be provided in accordance with the details of your plan. We will respond to your requests within 5 business days provided you give us adequate information for the update.
Unlimited standard copy revisions: Rewriting sentences on the page, adding copy provided by the customer, simple keyword check, update of CTAs, update of business info, link updates, adding files to be downloaded. eg Menu update. Unlimited standard design revisions: Adding platform-supported animations, changing text logo, changing website background image, replacing images with stock images (up to 3 in total) or provided by client and layout changes within template boundaries. |
Intellectual Property Rights
5.15 Upon payment of fees in full, and once we have finished and delivered the design, we will grant you a royalty free licence to use, display and publish the Done For You website for the duration of the Services. The publication of the website completes our obligations to you under these Service Terms for the design and build elements. The ongoing services will be for hosting, email and the ongoing management of that website (subject to your payment of ongoing monthly fees for the Service).
5.16 You grant to us a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all content you supply, and to cache the entirety of your Website (including your Content) where hosted by us. You are responsible for obtaining any consents required of any third parties in connection with the grant of this licence to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Obtaining ownership of the website (Done For You Establish and Build)
5.17 Done For You Establish and Build websites cannot be ported away or hosted independently from our services as they are built on a proprietary platform.
Obtaining ownership and getting administrative access to the website (Done For You Grow)
5.18 Under certain circumstances, we will provide full administrative access, and transfer all rights in the Done For You WordPress Premium and Done For You WordPress Ecommerce developed website to you. To the extent that the website includes our background intellectual property (such as our templates and content), we will grant to you a perpetual royalty free licence to use, display and publish the Done For You WordPress website. If you attempt to obtain a copy of the website without our consent, it will be treated as a breach of your contract and all rights that you may have been given to use and publish the website content will be revoked. The transfer of ownership can take place as follows:
It is your responsibility to obtain a copy of the website if you wish to use it independently of our service. Once you have been provided with full administrative access, we cannot be responsible for changes not made by us. Additional charges at our then current T&M rates may apply if you require us to update or fix the website.
5.19 We do not warrant that you can obtain a trade mark, copyright or other protection in the Website and cannot provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Services (including without limitation the use of Content in the Website).
Cancellation
5.20 You may terminate your “no fixed term” Establish service by giving no less than 30 days’ written notice. If you wish to terminate any other service before the end of the Initial Term, the following provisions will apply:
| Date of cancellation | Termination Fee |
|---|---|
| Before you receive the first draft | 50% of Total Contract Value |
| After you receive the first draft | 80% of Total Contract Value |
| After completion of the review process | Total Contract Value |
5.21 If you have selected the monthly payment option, you will be required to pay us the Early Termination Fee less any fees you’ve already paid us. If you have selected the upfront payment option, we will reimburse you the balance of your fees, if any, after deduction of the Early Termination Fee.
5.22 Once the service is cancelled, all licences in the website will be terminated and the website will be deleted without any liability to us whatsoever. We will not keep a copy of the website. Deletion of the website means deletion of all data including but not limited to website files, images, videos, email, databases, and all other intellectual property.
Service
6.1 You and Netregistry shall agree on the key phrase or keyphrases (depending on the Services that you have elected to obtain from us) in respect of which we will provide the Services (as the context requires, depending on the Services that you have elected to obtain from us (Agreed Keyphrase/s).
6.2 You agree to provide us with any information, material, excerpts of or links from or to any content (Your Web Site Information) on Your Web Site reasonably requested by us, to assist us with providing the Services to you. You acknowledge and agree that failure to comply with this clause 6.2 will amount to a material breach of contract and enable us to terminate the Services with all applicable remaining fees immediately due.
6.3 You agree that we may from time to time during the Service, propose changes to any website owned or operated by you in respect of which the Services are being provided (Your Web Site), including, without limitation, to suggest adjustments to Your Web Site in the event that search engine algorithms change, and which we consider might assist you in improving the ranking of Your Web Site (Optimisation Change(s)).
6.4 You hereby authorise us to develop a link exchange program whereby links to and from Your Web Site, and other websites and/or industry guides and/or directories, are established, and you hereby appoint us as your agent for this purpose. We agree to use all reasonable commercial endeavours to ensure that we do not insert links to and from Your Web Site to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.
6.5 We agree that we will not, and will not recommend that you, cloak any pages or hide same colour content on same colour background or otherwise knowingly use spam methods in an attempt to improve the ranking of Your Web Site in connection with the provision of the Services.
6.6 If you agree to provide us with FTP (file transfer protocol) access (FTP Access) to Your Web Site, we agree not to make any Optimisation Changes to Your Web Site, without your prior written consent to such Optimisation Changes.
6.7 In addition to clause 6.6, if you agree to provide us with FTP Access to Your Web Site (but not otherwise), you expressly grant to us a licence to cache the file and content of Your Web Site, including data and content supplied by you and/or third parties, whether or not Your Web Site is hosted by our Supplier. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
6.8 In the event that you do not agree to provide us with FTP Access, we agree that any Optimisation Changes will be provided by us to you in writing.
6.9 We agree to provide you with monthly written ranking reports with respect to the Agreed Keyphrase/s (Benchmark Report).
6.10 If you request additional changes to Your Web Site other than those we have recommended or request any additional services beyond the scope of what is agreed in the Proposal then those additional changes or services will be subject to an additional change fee of $250 (inc GST) per hour.
6.11 You acknowledge and agree that:
Your Warranties
6.12 You warrant that:
Our General Disclaimer of Warranties
6.13 To the extent permitted by law, neither Netregistry nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a Relevant Party) of either Netregistry or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.
6.14 You acknowledge and agree that nothing in this agreement shall constitute an express or implied warranty or guarantee by either us or our Supplier:
6.15 You acknowledge that although we may suggest Optimisation Changes to you in connection with providing the Services, we nor our Supplier cannot and do not take any responsibility for Your Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Web Site and Your Web Site Property notwithstanding the provision of the Services to you by us or our Supplier.
6.16 Without limiting the above, you acknowledge that our Services may require us to use, interface with or input information into Supplier’s systems (including companies such as Google and Yahoo!) and you agree that we have no liability to the extent that the Supplier is unable to provide its services to you.
Indemnity
6.17 You will indemnify and defend Netregistry and its Supplier and all directors, officers, employees, and agents of Netregistry and its Supplier (each an Indemnified Party) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:
Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.
Service
7.1 The Service includes the creation, customisation and ongoing support of a Google Ads and/or Microsoft Advertising (collectively Ad Platform) advertising campaigns (Campaign).
7.2 Prior to commencement of the Campaign, we will agree with you the fee that we will charge for managing your Campaign (Management Fee), the minimum term for the Campaign, target Advertising Keywords (Ad Keywords) and a monthly budget to be spent with the Ad Platform (Budget).
7.3 You will pay to us the monthly Management Fee.
7.4 We will implement the Campaign with the Ad Platform and you appoint us as your agent for the purposes of creating, managing and operating an account with them. If the monthly amount spent with the Ad Platform is less than 80% of the agreed Budget, the unused amount will be transferred to the Budget for the next month. At the end of the Campaign, any unused Budget will expire.
7.5 Completion of the Campaign build and launch time depends upon your responsiveness to our requests. When requested, you must provide us with website information, visitor statistics, suggested Ad Keywords for key phrase testing and any copy suggestions for ad creation. We are not responsible for any delays in provisioning the Campaign which may occur as a result of your failure to respond as requested or required.
7.6 We will need to limit access to theAd Platform account for the duration of your campaign being managed to ensure we are able to fully control and optimise your campaign outcomes. This means that you will not be provided account access unless this is ‘read only’ access.
Acknowledgements
7.6 You acknowledge that we have no control over the advertising polices of Google with respect to the sites and/or content that it accepts now or in the future. Your Campaign may be rejected or excluded at any time at the sole discretion of Google in line with their Google Ads Policy http://support.google.com/adwordspolicy.
7.7 You acknowledge that we have no control over the advertising polices of Microsoft with respect to the sites and/or content that it accepts now or in the future. Your Campaign may be rejected or excluded at any time at the sole discretion of Microsoft in line with their Microsoft Advertising Policy https://about.ads.microsoft.com/en-au/resources/policies.
7.8 We will use best endeavours to ensure that your advertisement will appear on the Ad Platform searches, however we make no warranty that the Service will generate any increase in sales, business activity, profits or any other form of improvement to your business.
Intellectual Property
7.9 You are solely responsible for ensuring that you have all appropriate rights and licenses to the content that you supply and which is utilised in the Campaign. We reserve the right, in our sole discretion, to refuse to use any content we believe is objectionable or which we believe may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy, however, we do not warrant that we will be able to screen all content to ensure that it is non-infringing.
7.10 You agree to indemnify us against any claims arising out of or relating to your content, Ad Keywords and your use of the Campaign.
Cancellation and Termination
7.11 You may place Campaigns on hold at any time at the conclusion of any minimum term (if applicable) by providing one (1) months prior written notice (On Hold). On Hold requests will automatically suspend all access to the Campaign. Campaigns may remain On Hold for a maximum period of one (1) month, after which time they may be cancelled without notification. Restarting any Campaign which is On Hold is solely your responsibility.
7.12 You may terminate the Service at any time after the minimum term by providing 1 month’s prior written notice. Cancellation will automatically terminate all access to the Campaign.
Acceptable Use
9.1 You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.
9.2 You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.
9.3 The following activities are expressly prohibited:
Service Levels
9.4 Netregistry warrants that your uptime availability will be at least 99.9% except where failure results from:
9.5 The uptime service level is not met if:
9.6 As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:
| Outage (in hours) | Service Credit (percentage of monthly fees) |
| <0.7 – 7.2 | 10% |
| <7.2 – 14.4 | 20% |
| <14.4 – 21.6 | 40% |
| <21.6 – 28.8 | 60% |
| <28.8 | 80% |
9.7 Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.
9.8 At your request, Netregistry will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Netregistry reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.
Support Services
9.9 Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.
9.10 Your obligations include:
9.11 You acknowledge:
9.12 We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.
10.1 These Service Terms apply to Website Security Services and Website Hardening Service.
10.2 The Website Security Service will remotely review your website on a defined periodic basis and look for known signatures of misadventure, including but not limited to malware and virus infection, defacement, folder and directory insecurity. It will attempt to, where possible, remove inserted code and restore your site to a compromised position without adversely affecting the core operation or content of the website, and will provide a report of both identified issue(s) and remedy.
10.3 The Website Hardening Service will remotely monitor your website on a defined periodic basis and search for any both known exploits, and for signatures of unknown exploits. It will actively monitor installations of common open source CMS applications including Joomla!, WordPress, Drupal and Django to ensure the base application is patched to the latest stable version and that common plugins for these applications are also secured to the latest patched versions, and that any other critical updates are identified and applied. It will also monitor known databases available on the public Internet to identify any adverse reputational listing including listing in blacklists and will also monitor the .htaccess file on the website to identify any common exploits to this file.
10.4 You understand and agree that we are unable to provide any warranty as to the efficacy of the products and that:
10.5 We will use all reasonable endeavours to either identify, remedy, otherwise secure or take all remedial actions for your website depending on the product that you have subscribed to. In the event that we are unable for any reason to identify or clean, or re-mediate in any way a compromised or infected website, your sole remedy is the refund of the service fee paid by you to monitor or otherwise re-mediate your website for the current billing period.
11.1 Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.
11.2 Netregistry provisions digital certificates via the Certification Authority, DigiCert. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of DigiCert which are located at https://www.digicert.com/wp-content/uploads/2020/05/Certificate-Terms-of-Use-5.6.20-1.pdf.
Service
12.1 We will use reasonable efforts to supply the Service in accordance with these Service Terms.
12.2 We may use third parties to act on your behalf in order to provide the Services. You appoint us as your agent in order to engage those third parties to act on your behalf and to instruct them in order to deliver the Services to you.
12.3 We may suspend or terminate this Service immediately (at our sole discretion) if we determine that there has been or may be any activity which may have a negative impact on our business or reputation (including illegal activity or infringement of any third party rights) or result in a breach of this Contract by you.
12.4 YOU ACKNOWLEDGE AND AGREE THAT:
Use of Software and Reports
12.5 To the extent that the Services involve us providing you with any Software, or access to any website or computer software stored on our computer systems (Software), we grant to you a personal, non-exclusive, revocable licence to use the Software solely for the limited purpose of receiving the Service.
12.6 We retain all intellectual property rights which may have been utilised in the creation of any search results, analysis, reports, written advice or information (Reports) provided by us or the Software to you or any work performed by us in the course of providing the Services. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use the Reports for your respective internal business purposes (but not to disclose any Reports to third parties unless otherwise agreed in writing prior to that disclosure). Nothing in this Contract transfers to either party any intellectual property rights owned by the other party existing prior to the commencement of the Services.
12.7 You agree any use of Software must be in accordance with any documentation or written instructions provided to you by us.
12.8 Except to the extent expressly permitted by these Service Terms, you must not:
12.9 You acknowledge and agree that processes implemented by the Software are protected by intellectual property rights and are owned or licensed by us. You also acknowledge and agree that should an unauthorised third party access the Software in connection with any act or omission by you, it may cause loss to us and render you liable to compensate us for such loss.
12.10 We make no warranties (express or implied) that we will find or present to you all such information that is publicly accessible or that the Services will uncover or appropriately identify all relevant information, or that the Services provided will deliver any particular outcome. The Software is provided to you on an “as is” and “as available” basis, without any warranty as to its availability or performance.
Your obligations
12.11 We will contact you only by email. You are solely responsible for receipt of correspondence sent to you. We are not responsible for your failure to receive correspondence sent to you due to any security or anti-spam system or any problems with your email system.
12.12 You must use the Software, Reports and Services in accordance with all applicable laws and must ensure that all information, directions and requests provided by you complies with all applicable laws. You must not use the Software or Services for the purpose of conducting or promoting any activities which are in breach of any applicable laws or any rights of any third party.
12.13 You warrant that:
13.1 By using your nbn™ Service, you acknowledge and agree to comply with the General Terms and Conditions, these Service Terms, and our Acceptable Use Policy (collectively, the Terms). We reserve the right to suspend your nbn™ Service if you are in breach of the Terms and to terminate your nbn™ Service in the event of 3 suspensions of your nbn™ Service as a result of your failure to rectify any issues that we have brought to your attention.
13.2 You acknowledge that these Terms apply to ensure that you use your nbn™ Service in a lawful, fair and responsible way and not unreasonably.
13.3 We do not provide technical support services to configure your local area network to connect to your nbn™ Service, and we do not provide assistance with any local area network related issues.
13.4 If you report a fault on your nbn™ Service and we have to request NBN Co Limited ABN 87 136 533 741 (NBN Co) to investigate the fault, and acting reasonably NBN Co determines that NBN Co is not responsible for the fault or failure, or that the fault or failure is not in the nbn™ network (for example, the fault may be in your equipment) you will be charged a nbn™ No Fault Found Charge. The nbn™ No Fault Found Charge will depend on whether NBN Co is required to attend your premises. You will not be charged a nbn™ No Fault Found Charge if we are responsible for the fault in your nbn™ Service on the nbn™ network.
| nbn™ No Fault Found Charge (inc. GST) | |
|---|---|
| NBN Co required to attend your premises | $150.00 for the first two hours, plus $75.00 for each hour thereafter |
13.5 You acknowledge that we rely on a range of third-party systems, applications, tools, technologies and services (Third Party Tools) in order to deliver your nbn™ Service, and that from time to time, there may be changes to the Third Party Tools, or certain Third Party Tools may cease to be provided or supported by the relevant third-party supplier. If that occurs, we may consider it necessary to make a change to the manner in which your nbn™ Service is supplied to you.
13.6 If we consider it necessary to do so, we may give you notice of the Required Service Change and the change will take effect from the date specified in our notice. If we make a Required Service Change, we must give you as much prior notice as is reasonably practicable in the circumstances, use all reasonable endeavours to maintain the same features, functionality and performance of the Services following the Required Service Change.
14.1 These Service Terms apply to the Microsoft 365 Email Backup Service.
14.2 The Microsoft 365 Email Backup Service provides Microsoft 365 Exchange backups for your email, calendar, contacts, tasks, notes, journals and public email folders (the “Data”).
14.3 In order to enable us to provide the Microsoft 365 Email Backup Service, you grant us permission to register the Webcentral Veeam Backup application (the “Application”) into your Microsoft 365/Azure AD tenancy to give us full access to the Data contained within that Microsoft 365 tenancy. The Application allows Veeam Backup for Microsoft 365 to connect to the tenancy and allows Microsoft APIs to copy the Data and store that Data in the Webcentral Private Cloud.
14.4 Your Microsoft 365 Email Backup Service will be activated within 24 hours of us receiving your order and payment.
14.5 We will store the backups of your Microsoft email content in our Webcentral private cloud located in our own Australian data centres. We reserve the right to determine where to store your data.
14.6 As part of the Service, we will ordinarily provide an unlimited amount of storage space for backups of your data. We may limit the storage space if we consider the volume of data unusual or unreasonable in the circumstances, or if we consider the Service is being misused. We will take a complete backup of your data at the time the Microsoft 365 Email Backup Service is activated. For the selected frequency only the delta will be backed up. Subject to paragraph 1.8 we will retain Data for 5 years.
14.7 We will continue to store your data for as long as you have an active Microsoft 365 Email Backup Service. Upon cancellation of your Microsoft 365 Email Backup Service we will keep backup data for 14 days before deleting it off the server storage platform.
14.8 By using the Microsoft 365 Email Backup Service you acknowledge and agree to comply with the General Terms and Conditions, these Service Terms, and our Acceptable Use Policy (collectively, the “Terms”)
This document sets out the terms and conditions of your application for a domain name, and if successful, your domain name licence. It records the agreement between you, the applicant or holder of a domain name licence, and us the registrar, in relation to the domain name.
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
auDA Published Policies means those specifications and policies established and published by auDA located at https://www.auda.org.au/policies.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to Netregistry Pty Ltd, ABN 13 080 859 721, the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
unless it is cancelled earlier under the terms of this document or under any Published Policies.
on its web site, and may, if it considers appropriate, give such notice to you directly.
You give to:
provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.
1. AGREEMENT. In this registration agreement (Agreement) you and your refer to the registrant of each domain name registration, and we, us and our refer to the Registrar (as defined in clause 28 below). This Agreement explains our obligations to you, and explains your obligations to us for your .biz, .org or .info domain name registration (Services).
2. SELECTION OF A DOMAIN NAME. You represent and warrant that:
(i) the data provided in the domain name registration application is true, correct, up to date and complete,
(ii) to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
(v) you have the authority to enter into this Agreement; and
(vi) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
3. FEES. As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (Account Information). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
4. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 3, 11, 12 and 15 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
5. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (Dispute Policy) as presently written and posted on http://www.icann.org/udrp/udrp.htm and as shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at https://www.icann.org/resources/pages/policy-2012-02-25-en; and
(ii) The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.icann.org/resources/pages/rdrp-2012-02-25-en; (collectively, Dispute Policies).
The UDRP sets forth the terms and conditions in connection with a dispute between a registrant of a domain name with any third party (other than registry administrator or registrar) over the registration or the use of that domain name registered by that registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the restrictions will be enforced directly by or through the Registry (or its administrator). The Registry will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
9. POLICY. You agree that your registration of the domain name shall be subject to denial, suspension, cancellation, or transfer pursuant to any Registrar, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with any ICANN or government-adopted policy), (1) to correct mistakes by us or the applicable Registry in registering the name; (2) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to protect the integrity and stability of the registry; (4) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, offices, directors, representatives, employees, and stockholders; (5) for violations of this Agreement; (6) for non-payment of fees; and the Registry also reserves the right to freeze a domain name during resolution of a dispute.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 16 (Information) and 17 (Disclosure and Use Of Registration Information) below).
11. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss or liability suffered by any party resulting from, but not limited to: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data miss-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain name. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
IMPORTANT NOTE:
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.
Where legislation implies into this Agreement any term or warranty that cannot lawfully be excluded, that term or warranty is included but our liability in respect of a breach of that term or warranty is, where permitted by such legislation, limited at our option to any one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
12. INDEMNITY. You agree to release, indemnify, and hold each of us, the Registry and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect), costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
13. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
14. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
15. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is,” “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
16. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.
17. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
18. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
19. RIGHT OF REFUSAL. We, and/or Registry, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
20. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
22. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
23. NOTICES. Any notice, direction or other communication that we give to you under this Agreement shall be in writing and given by sending it via e-mail to the address specified in your WHOIS record. Valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail, notifications must be sent to us at support@netregistry.net, or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 5:00 p.m.AEST, otherwise it will be deemed to have been delivered on the next business day.
Notifications to us must be sent via our customer care contact form located at https://www.netregistry.com.au/forms/ticket/.
In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:
Support Department
Netregistry Pty Ltd
Level 23, 680 George Street
Sydney NSW 2000 Australia
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
24. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
25. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Governing Jurisdiction (as defined below). Any action relating to this Agreement must be brought in the courts of the Governing Jurisdiction and you irrevocably consent to the jurisdiction of such courts. Where the Governing Jurisdiction is Ontario, Canada, the rules governing choice of laws shall not be referred to.
26. INFANCY. You attest that you are of legal age to enter into this Agreement.
27. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
28. DEFINITIONS.
Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) Netregistry Pty Ltd; (ii) PlanetDomain Pty Ltd; or (iii) Netregistry Domains Pty Ltd.
Registrar means the Registry accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) Netregistry Pty Ltd; (c) PlanetDomain Pty Ltd; (d) Netregistry Domains Pty Ltd as can be determined by performing a WHOIS record search on your domain name at https://www.netregistry.com.au/domain-names/whois/ and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not Netregistry Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to Netregistry Pty Ltd.
Registry means (i) Versign, Inc. for .com and .net domain names; (ii) Afilias Limited for .info and .mobi domain names, (iii) Public Interest Registry for .org domain names, and (iv) Neustar, Inc. for .biz domain names.
TLD means a top-level domain of the internet domain name system.
29. TERMS THAT APPLY TO .MOBI DOMAIN NAME REGISTRATIONS. You acknowledge that if the domain name being registered is a .mobi Premium Name, as such are listed at http://Afilias Technologies Ltd.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the .mobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://Afilias Technologies Ltd.mobi/node/1135, which is incorporated by reference herein.
You acknowledge and agree that upon termination or expiration of the .mobi Premium Name Agreement in accordance with the terms thereof (i) any and all of your rights to the registration of the domain name, the Registration Code, and/or to create, launch, and/or operate the website shall be terminated, and all such rights shall revert to Afilias Technologies Ltd and (ii) Afilias Technologies Ltd may grant Registration rights to the domain name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against Afilias Technologies Ltd and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.
You acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.dotmobi.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.dotmobi.mobi) for compliance with the Style Guide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes in the time allotted.
1. AGREEMENT. In this registration agreement ( Agreement ) you and your refer to the registrant of each domain name registration, we , us and our refer to the Registrar (as defined in clause 33 below). This Agreement explains our obligations to you, and explains your obligations to us for your.cn domain name registration ( Services ).
2. REPRESENTATIONS AND WARRANTIES. You represent and warrant that: (a) you have supplied all of the information required in the domain name registration application ( Application ) and further, that the data provided in the Application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (b) to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (c) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (d) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder.
3. RESTRICTIONS. You agree that you shall not register or use a domain name that is deemed by CNNIC to: (a) be against the basic principles prescribed in the Constitution of the People”s Republic of China ( PRC ); (b) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; (c) harm national honour and national interests of the PRC; (d) instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC; (e) spread rumours, disturb public order or disrupt social stability of the PRC; (f) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; (g) insult, libel against others and infringe other people’s legal rights and interests in the PRC; or (h) take any other action prohibited in laws, rules and administrative regulations of the PRC.
4. ADHERENCE TO POLICIES. You agree to comply with all applicable laws, regulations and policies of the PRC governmental agencies and CNNIC, including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations; (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration; (iii) CNNIC Domain Name Dispute Resolution Policy; and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (all policies available at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/). You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of CNNIC, as they may be amended from time to time.
5. FEES. As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ( Account Information ). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
6. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 5, 14, 15 and 19 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
7. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database. We will not refund any fees paid by you if you terminate your agreement with us.
8. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records appropriate to document and prove the initial registration date of the domain name. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
9. DOMAIN NAME DISPUTES. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy ( Dispute Policy ), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/. You acknowledge that, pursuant to the Dispute Policy, registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge that the Dispute Policy may be modified from time to time. Any such revised policy on our web site at least fourteen (14) calendar days before it becomes effective. You agree that, by maintaining the registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
11. SUSPENSION AND CANCELLATION. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registrar, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with a CNNIC or government-adopted policy), (1) to correct mistakes by a party in registering the name, (2) for the resolution of disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any applicable laws, government rules or requirements, requests of law enforcement, (5) to avoid any liability, civil or criminal, on the part of Registrar, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Agreement. Registrar, Registry Operator and CNNIC also reserve the right to “freeze” a domain name during the resolution of a dispute.
12. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 20 (Information) and 21 (Disclosure and Use Of Registration Information) below).
13. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
14. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not responsible for or accept any loss or liability suffered by any party resulting from, but not limited to: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data miss-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
15. INDEMNITY. You agree to release, indemnify, and hold each of us, the Registrar, the Registry Operator, CNNIC and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect) costs and expenses (including reasonable legal fees and expenses), arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
16. TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee ) you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name may not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. You acknowledge that you will not be entitled to change registrars during the first sixty (60) days following the registration of your domain name.
17. BREACH. You agree that failure to abide by any provision of this Agreement may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
18. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
19. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is”, “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. If you license use of the domain name, you nonetheless agree that you shall accept any and all liability for any harm caused by said licensed use and suffered by the Registrar, the Registry Operator and/or CNNIC. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
20. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder); (b) The domain name being registered; (c) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name; (d) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name. Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.
21. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to CNNIC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by CNNIC and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. Any information collected by us concerning an identified or identifiable natural person ( Personal Data ) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by CNNIC, Registry Operator policy or pursuant to any applicable laws and regulations. The parties shall take commercially reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. Neither Registrar nor Registry Operator make any representations as to how CNNIC uses, accesses or corrects any Personal Data it receives from the Registry Operator.
22. INACCURATE OR UNRELIABLE DATA. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your wilful or negligent provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “Whois” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. No refunds shall be made if a domain name is deleted as a result of enforcement of this provision.
23. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
24. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
25. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
26. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
27. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via postal service. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail, notifications must be sent to us at support@netregistry.net, or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notifications sent to us: Our address: Support Department, Netregistry Pty Ltd, PO Box 270 Broadway, NSW 2007 Australia and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
28. ENTIRETY. You agree that this Agreement, the rules and policies published by Registrar, CNNIC and/or the Registry Operator and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
29. GOVERNING LAW. SAVE AND EXCEPT AS NOTED BELOW, THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE GOVERNING JURISDICTION. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of the registered domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, (2) where Registrar is located, and 3) the PRC. For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the PRC.
30. INFANCY. You attest that you are of legal age to enter into this Agreement.
31. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
32. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
33. DEFINITIONS.
CNNIC refers to the China Internet Network Information Centre.
Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) Netregistry Pty Ltd; (ii) PlanetDomain Pty Ltd; (iii) TPP Domains Pty Ltd; or (iv) TPP Wholesale Pty Ltd.
Registrar means the Registry accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) Netregistry Pty Ltd; (c) PlanetDomain Pty Ltd; (d) TPP Domains Pty Ltd (trading as TPP Internet); or (e) TPP Wholesale Pty Ltd, as can be determined by performing a WHOIS record search on your domain name at https://www.netregistry.com.au/domain-names/whois/ and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not Netregistry Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 25, 26 and 27 of this Agreement shall also be deemed a separate reference to Netregistry Pty Ltd.
Registry Operator refers to NeuStar, Inc.
This agreement sets out the terms and conditions of your application for a domain name, and if successful, your domain name licence. It records the agreement between you, the applicant or holder of a domain name licence, and us, the registrar, in relation to the domain name.
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the domain name to another person.
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new .nz domain name registrations with the registry within 2 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8 am – 7 pm Monday-Friday, and otherwise within 24 hours;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your own contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you.
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3.1 Operation of the .nz domain name space requires the collection of information, including some personal information, from you. In order to have a domain name registered in your name, this information must be entered into the register (see clause 4 below for more details regarding the register).
3.2 By entering into this agreement, you consent to providing us with the following personal information (“personal information”):
3.3 While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because:
3.4 If you decide to transfer management of your domain name to another registrar, or if your domain name is cancelled, or if this agreement ends for any other reason, we will continue to store your personal information for a period of not less than 6 years for limitation and tax administration purposes.
3.5 You further agree that
4.1 The register is the authoritative database of .nz domain names and the details shown in the register is treated as the correct record. The register is operated by the registry branch of lnternetNZ (“registry”).
4.2 In order to have a domain name, it is necessary that the registry store your personal information on the register.
4.3 When a domain name is no longer registered in your name, the registry will continue to store your personal information (“historical personal information”). Historical personal information may only be disclosed where authorised or required by New Zealand law.
4.4 To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by New Zealand law.
4.5 Despite clause 4.4, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.
5.1 DNC is the entity which regulates the .nz domain name market space.
5.2 DNC provides a domain name registration data query service (“Query Service”) (see section 21 of .nz Operations and Procedures policy for further details). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL’s website. Subject to the Individual Registrant Privacy Option (“IRPO”) referred to in clause 5.7 below, in response to a Query, registrants’ personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name).
5.3 When a name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service.
5.4 To the extent GDPR applies, EU registrants have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because without the Query Service, the integrity of the .nz domain name space would be significantly undermined.
5.5 For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service.
5.6 To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause 5.5. However, any withdrawal of consent is without prejudice to DNC’s position that it has a legitimate interest in disclosing the personal information on the Query Service.
5.7 The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service (“Withheld Data”). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz Operations and Procedures policy for further details).
5.8 Despite clause 5.7, Withheld Data may be released in the following circumstances:
5.9 To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.
6.1 You agree to pay for the services we provide for you.
6.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
6.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
6.4 Our usual fees are for registration of .nz domains for one year. We may also charge for redirection, email, hosting or other related services provided by us. We will tell you before any additional charge is incurred.
6.5 Our prices are stated in Australian dollars and include GST.
If you do not pay our charges for a domain name registered to you we may:
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days’ notice before we initiate action to cancel that domain name.
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
9.1 lnternetNZ, the registry and any other entity we are in any business relationship with;
9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;
9.3 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
We have excluded all other liability we or any of the persons specified in clause 9 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 9 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month’s fee paid by you under this agreement.
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 15 says otherwise.
To the extent legally permitted:
11.1 all our services are provided under New Zealand law;
11.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
11.3 except as otherwise stated, you may take action against us only in a New Zealand court;
11.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you;
11.5 In the event of a conflict between our general terms and conditions and that of this agreement, the terms of this agreement shall prevail.
12.1 We may cancel or suspend this agreement by giving you one months’ notice if you do not meet your duties to us.
12.2 We may end the agreement for any other reason by giving you one month’s notice.
You are responsible for everybody whom you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 9 cannot rely on any clause, all other clauses of it are binding.
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 – 11, 13 – 14, and this clause 15.
1. AGREEMENT. In this registration agreement (Agreement), you and your refer to the registrant of each domain name registration, and we, us and our refer to the Registrar (as defined in clause 31 below). This Agreement explains our obligations to you, and explains your obligations to us for your .uk domain name registration (Services).
2. SELECTION OF A DOMAIN NAME. You represent and warrant that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the domain name is not being registered for any unlawful purpose.
3. FEES. As consideration for the Services you have selected, you agree to pay to us the applicable fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (Account Information). You, by completing and submitting this Agreement, represent that the statements in your application are true.
4. TERM. You agree that the Agreement will remain in full force during the length of the term of your domain name registration. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your domain name registration as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, other than in respect of clauses 3, 12, 13 and 17 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this Agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the Nominet UK dispute resolution policy (Dispute Policy) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure. Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
9. NOMINET UK POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure (consistent with any Nominet UK-adopted policy), (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details.
When you submit a request for a domain name registration with us, you will be entering into two contracts – one contract with us and one contract with Nominet UK. Nominet UK is the UK registry for .uk domain names.
We will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this Agreement, and is currently located at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
We must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s WHOIS look-up service.
10. AGENCY. Should you intend to license use of a domain name to a third party, you shall nonetheless be the domain name registrant of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of this Agreement in full (including without limitation, clause 18 (Information) and 19 (Disclosure and Use Of Registration Information) below).
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we and our contractors or third party beneficiaries shall not be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss of liability suffered by any party resulting from, but not limited to: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data mis-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, from claims by third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
15. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
16. NO GUARANTEE. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is”, “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (i) your name and postal address (or, if different, that of the domain name holder); (ii) the domain name being registered; (iii) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and (iv) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to Nominet UK, to the registry administrators, and to other third parties as Nominet UK and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by Nominet UK and the applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “WHOIS” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (Personal Data) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Nominet UK Agreement or a Nominet UK/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us at support@netregistry.com.au or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notification to us shall be sent to:
Netregistry Pty Ltd
PO Box 270
Broadway
Sydney NSW 2007
Australia
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE GOVERNING JURISDICTION (AS DEFINED BELOW) APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE COURTS OF THE GOVERNING JURISDICTION AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. WHERE THE GOVERNING JURISDICTION IS ONTARIO, CANADA, THE RULES GOVERNING CHOICE OF LAWS SHALL NOT BE REFERRED TO.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. INCONSISTENCIES WITH NOMINET UK. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of Nominet UK, the term, condition, policy or procedure of Nominet UK shall prevail.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
31. DEFINITIONS.
Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) Netregistry Pty Ltd; (ii) PlanetDomain Pty Ltd; (iii) TPP Domains Pty Ltd; or (iv) TPP Wholesale Pty Ltd.
Nominet UK means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
Registrar means the Nominet UK accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) Netregistry Pty Ltd; (c) PlanetDomain Pty Ltd; (d) TPP Domains Pty Ltd (trading as TPP Internet); or (e) TPP Wholesale Pty Ltd, as can be determined by performing a WHOIS record search on your domain name at https://www.netregistry.com.au/domain-names/whois/ and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Nominet UK accredited entity your domain name is registered with is not Netregistry Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24 and 25 of this Agreement shall also be deemed a separate reference to Netregistry Pty Ltd.
Netregistry is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we have agreed to be bound by certain agreements including the Registrar Accreditation Agreement (Agreement). Section 3.7.7 of that Agreement requires us to include certain terms (Provisions). These Provisions are incorporated by reference into our agreements with you relating to any application for a gTLD domain name that you may make. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood these Provisions, and you agree to bound by them. For the purposes of the following terms, Netregistry is the “Registrar” and you are the “Registered Name Holder”.
3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorised person for contact purposes in the case of an Registered Name Holder that is an organisation, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
3.7.7.2 A Registered Name Holder’s wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended;
3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and
3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
3.7.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4.
3.7.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals.
3.7.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 3.7.7.4 above.
3.7.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.