Date: May 2018
These are the terms and conditions that govern registrations of .us 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 .us 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 .us domain names by NeuStar, Inc, the registry administrator responsible for administering the .us domain name registry (“the Registry Administrator“).
Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
If Registrant has registered the domain name as a direct customer of Melbourne IT (and not via a reseller of Melbourne IT), Melbourne IT will attempt to renew the domain name in accordance with Melbourne IT’s Renewal Policy located at https://melbourneit.au/legals/domain-name-renewal-policy/. Where the Renewal Policy does not apply or does not result in renewal of the domain name, Registrant remains solely responsible for renewal of the domain name.
Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant’s credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such fee, or where the Registrant’s credit card payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 4, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant’s payment of any outstanding fee, and Registrant’s payment of Melbourne IT’s then current re-transfer fee.
5.1 Registrant agrees that its .us domain name registration is subject to the terms of the Registry Administrator’s current domain name dispute policy for .us domain name disputes located at http://www.neustar.us/. Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the policy of the Registry Administrator as documented on its website http://www.neustar.us/ as amended from time to time by the Registry Administrator.
5.2 Registrant agrees that Registry Administrator may modify its .us domain name dispute policy as described in clause 5.1 by posting any revisions to the policy with 30 days prior written notice. Registrant agrees that by maintaining the reservation or registration of its .us domain name after modifications to the dispute policy become effective, it has agreed to the modifications.
5.3 Registrant agrees that if use of its .us domain name registration is challenged by a third party, it will be subject to the provisions of the .us domain name dispute policy as described in clause 5.1 (as may be updated), including any .us registry policies incorporated by reference (if any). Registrant agrees that if the Registry Administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant’s use of a .us domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the Registry Administrator. Registry Administrator may not allow Registrant to make changes to such domain name record until:
5.3.1 directed to do so by the judicial or administrative body, or
5.3.2 it receives notification by Registrant and the other party contesting the registration that the dispute has been settled.
5.4 Registrant agrees that, for the adjudication of disputes concerning or arising from use of the Registrant’s domain name, the Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, (2) where Melbourne IT is located, and (3) the United States of America.
5.5 Registrant agrees that if it is subject to litigation regarding registration and use of its .us domain name registration, Registry Administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the Registry Administrator.
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.
To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the Registry Administrator has any liability to the Registrant or the Registrant’s agent for any loss Registrant may incur in connection with Melbourne IT’s processing of this Registration Agreement, Melbourne IT’s processing of any application for a domain name, the processing of any authorized modification to the domain name’s record during the covered registration period, or the failure by the Registrant or the Registrant’s agent to pay any fee (including, without limitation, any registration fee or renewal fee), or as a result of the application of the provisions of the relevant domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the services.
Registrant agrees to indemnify, defend and hold harmless Melbourne IT, the Registry Administrator and its registry operations service providers, including the directors, officers, employees, affiliates and agents of each of them from and against 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 or renewal, or to the Registrant’s use of the domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy 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.
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.
11.1 Registrant acknowledges that it is Registrant’s responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant’s domain name to be renewed by Registrant.
11.2 Registrant warrants that, to the best of Registrant’s knowledge and belief
11.2.1 neither the registration or renewal of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;
11.2.2 it has and will continue to have for the term of this Agreement a lawful bone fide .US Nexus as that term is defined in the ‘.US TLD Nexus Requirements’ document on the .us TLD website located at http://www.neustar.us/, as may be modified from time to time by the Registry Administrator, and that Registrant qualifies to register to use a .us domain name;
11.2.3 Registrant is of legal age to enter into this Agreement; and
11.2.4 Registrant agrees to comply with all applicable laws, regulations and policies of the Registry Administrator as updated from time to time on the US TLD website located at http://www.neustar.us/ in respect of its .us domain names.
11.3 Registration acknowledges and agrees that failure of the Registrant to comply with clause 11 shall be a basis for suspension or cancellation of the Registrant’s .us domain name.
12.1 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.
12.2 Registrant further agrees that Melbourne IT may 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:
12.2.1 any activity that infringes the intellectual property rights or other rights of third parties;
12.2.2 any activity that defames or disparages any person; or
12.2.3 any otherwise illegal or fraudulent activity.
Registrant is advised that Melbourne IT and the Registry Administrator have additional rights in this Agreement with respect to cancellation, suspension, deletion or transfer of a domain name, including but not limited to those rights specified in clauses 15 and 19 of this Agreement.
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.
15.1 Registrant agrees that registration of its domain name shall be subject to suspension, cancellation, deletion or transfer by any Registry Administrator procedure:
15.1.1 to correct mistakes by Melbourne IT or the Registry Administrator in registering the domain name;
15.1.2 for the resolution of disputes concerning the domain name; or
15.1.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
16.1 Registrant agrees that as part of the registration process for .us domain names, it is required to provide the Registry Administrator with accurate and reliable information at the time of registration and must correct and update this information within seven (7) days of any change during the term of this Agreement. This information includes:
16.1.1 the Registered Name;
16.1.2 the names of the Registrant’s primary nameserver and secondary nameserver(s) for the Registered Name;
16.1.3 Registrant’s name and postal address;
16.1.4 the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
16.1.5 the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
16.1.6 the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name;
16.1.7 any remark concerning the registered domain name that should appear in the Whois directory; and
16.1.8 any other information which the registry administrator requires to be submitted to it including, without limitation, information relating to the primary purpose for which a .us domain name is registered (e.g. business, education etc).
16.2 the Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory. Any information submitted to the Registry Administrator concerning an identified or identifiable natural person (Personal Data) will be used by the Registry Administrator in connection with the registration of the Registrant’s domain names and as required or permitted by the Department of Commerce’s contract with the Registry Administrator or any Registry Administrator/Department of Commerce policy.
16.3 the Registrant consents to the data processing mechanisms as required by the policies of the Registry Administrator as updated from time to time on the US TLD website located at http://www.neustar.us/ in respect of its .us domain names. Melbourne IT will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction and will not process the Personal Data collected from the Registrant in a way incompatible with this Agreement.
The Registrant warrants that any data provided in its .us 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 agrees that:
Registrant agrees that the US Government has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly in any manner and for any purpose whatsoever and to have or permit others to do so, all data provided by Registrant. ‘Data’ means any recorded information and includes, without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
Registrant agrees that Melbourne IT and Registry Administrator reserves the right to deny, suspend, cancel, delete or transfer any .us 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 .us domain name. This Registration Agreement and the relevant domain name dispute policy 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 the State of Victoria, Australia. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Victoria (including the Victorian Registry of the Federal Court of Australia) and all courts hearing appeals from such Courts.
23.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
23.2 Failure by Melbourne IT to require Registrant to comply with a provision of this Agreement does not affect the full right to require any provision to be performed at any time thereafter.