These are the terms and conditions that govern registrations of .asia Domain Names. When you submit a registration to Melbourne IT, you are stating that you have read and understood these terms and conditions, and you agree to abide by them.
This domain name registration agreement (‘Registration Agreement’) is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the ‘Registrant’) to Arq Group Limited trading as Melbourne IT ACN 073 716 793 (‘Melbourne IT’) for the purpose of registering a .asia domain name on the Internet.
Melbourne IT is an accredited Registrar of Internet Corporation for Assigned Names and Numbers (‘ICANN’) and an accredited Registrar of .asia domain names by the DotAsia Organisation Limited (‘DotAsia’), the registry administrator responsible for administering the .asia domain name registry (the ‘Registry Administrator’). Afflias Limited is the ‘Registry Services Provider’ for the .asia domain name registry. The ‘DotAsia Community’ refers to the countries included in the ICAAN designated Asia/Australia/Pacific (AP) Region.
Registrant remains the responsible contracting party with Melbourne IT under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant’s credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such fee, or where the Registrant’s credit card payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 4, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant’s payment of any outstanding fee, and Registrant’s payment of Melbourne IT’s then current re-transfer fee.
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent or other .asia domain name contact person, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.
Registrant agrees that, regardless of any agreement or understanding Registrant has with any third parties (including any third party Domain Contact, including the CED Contact etc.) Registrant is still principally bound by all terms and conditions herein.
To the maximum extent permitted by law, none of Melbourne IT, the Registry Administrator, the Registry Services Provider or any validation agent appointed by the Registry Administrator (‘Validation Agent’) will be liable in any way for any direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission of Melbourne IT , the Registry Administrator or the Validation Agent or any act or omission of the officers, employees, agents or sub-contractors of Melbourne IT, the Registry Administrator or the Validation Agent. If any legislation implies in this Registration Agreement a term or warranty, the Registrant agrees that Melbourne IT’s liability under this Registration Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again.
Registrant agrees to indemnify, keep indemnified and hold each of Melbourne IT, the Registry Administrator, the Registry Services Provider, the Validation Agent and all their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant’s domain name registration, renewal, Pre-registration Application, any Validation Process or to the Registrant’s use of the domain name. This indemnification obligation shall survive the termination or expiry of this Registration Agreement.
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute resolution rules may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not breached its obligations, then Melbourne IT may delete Registrant’s registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means.
11.1 The registrar tool kit, and all other items provided by DotAsia or its subcontractors, are provided “as-is” and without any warranty of any kind. DotAsia expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and conditions of merchantability and satisfactory quality and fitness for a particular purpose and non-infringement of third party rights. DotAsia does not warrant that the functions contained in the registrar tool kit will meet the registrar’s requirements, or that the operation of the registrar tool kit will be uninterrupted or error-free, or that defects in the register tool kit will be corrected. Furthermore, DotAsia does not warrant nor make any representations regarding the use or the results of the registrar tool kit or related documentation in terms of their correctness, accuracy, reliability, or otherwise. Should the registrar tool kit prove defective, registrar assumes the entire cost of all necessary servicing, repair or correction of registrar’s own systems and software.
11.2 Registrant agrees that a registration of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the, registration or use of the domain name.
12.1 Registrant acknowledges and agrees with the following:
12.2 Registrant represents and warrants that:
12.3 Notwithstanding anything in this Registration Agreement to the contrary, the Registry Administrator (DotAsia) is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Melbourne IT being a registrar of the ,asia TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.
12.4 Registrant agrees to nominate one natural person or legal entity (the ‘Charter Eligibility Declaration Contact’ or ‘CED Contact’) as a contact designated to make a declaration that the Registrant meets the Charter Eligibility Requirement for registering the .asia domain name requested (i.e. is a legal entity within the DotAsia Community). Registrant acknowledges that Melbourne IT will not become the CED Contact for the Registrant and that it must solicit and obtain its own CED Contact, unless Melbourne IT (or one of its related entities) and Registrant have specifically agreed in writing that Melbourne IT (or one of its related entities) will provide a CED Contact service to Registrant as part of broader corporate domain management services provided to Registrant. Registrant acknowledges that there are risks associated with engaging a third party to be its CED Contact, in the same way there are risks associated with providing a third party with any control, access or communications rights over its domain management.
The Registrant accepts, represents and warrants that it has made known to the CED contact, and the CED Contact has agreed, that that the Registrant and the CED Contact will be jointly defined as the ‘Registered Name Holder’ and will be jointly responsible for the Registrant’s .asia domain name in relation to domain disputes and other related disputes. The CED Contact is specifically expected to respond and acknowledge dispute proceedings and refer the dispute to the Registrant. The Registrant acknowledges that, regardless of the nomination of a CED Contact and any arrangements or understanding with that CED Contact, the Registrant shall nevertheless remain the operating contact for all operations and liabilities regarding the use of the domain, including but not limited to domain transfer and updates, or in other words be solely regarded as the Registered Domain Holder for general purposes.
The Registrant acknowledges, and warrants that it has made known to the CED contact, and the CED Contact has agreed, that information submitted for the CED Contact will be publicly accessible on WHOIS databases (with the exception of identification numbers [i.e. for passports] etc).
Registrant acknowledges that:
Registrant agrees that Melbourne IT may delete a Registrant’s domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Registration Agreement.
Registrant further agrees that Melbourne IT may deny, cancel, suspend or revoke the registration of Registrant’s domain name, or, suspend the delegation of Registrant’s Domain Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in connection with:
Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees that Melbourne IT is not liable for loss or damage that may result from Melbourne IT’s refusal to accept this Registration Agreement.
Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT.
Registrant agrees that registration of its domain name shall be subject to denial, suspension, cancellation, hold or transfer by any Registry Administrator procedure:
18.1 Registrant agrees to submit accurate and reliable contact details of at least one natural or legal person responsible for the technical operation and administration of the domain name requested. In addition, Registrant agrees that as part of the registration process for .asia domain names, it is required to provide the Registry Administrator with certain information and to update the information to keep it current, complete and accurate. This information includes, but is not limited to:
In addition to the above information which Registrant’s must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:
Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).
18.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.
18.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.
18.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia’s Personal Data handling policies and with relevant local data protection and privacy laws and requirements.
18.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.
18.6 Registrant grants Melbourne IT and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant’s registration data as required for the Registry Administrator’s operation of the .asia registry.
The Registrant warrants that any data provided in its .asia domain name registration application is true, correct, up to date and complete and that the Registrant will continue to keep all the information provided up to date. Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement. Registrant agrees that:
Registrant agrees that Melbourne IT and Registry Administrator reserves the right to deny, cancel, hold or transfer any .asia domain name registration which either party deems necessary in its discretion:
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant’s .asia domain name. This Registration Agreement and the relevant domain name dispute resolution rules supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of Hong Kong. By submitting this Registration Agreement, Registrant consents to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Registration Agreement.
Melbourne IT may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If: