gTLD Domain Name Registration Agreement

Date: May 2018

.com, .net, .org, .biz, .info, .name, .travel, .mobi, .cat and .tel registrations only

These are the terms and conditions that govern registrations of TLD 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.

PART A – Terms that apply to all domain name registrations

Terms and Conditions

General

1. Introduction

Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN). This domain name registration agreement (Registration Agreement) is submitted by you, the applicant for, and on registration, the licence holder of a domain name (referred to in this Agreement as you, your and the Registrant) to Arq Group Limited trading as Melbourne IT ACN 073 716 793 (Melbourne IT) for the purpose of registering a domain name.

Part A sets out the general provisions governing all domain name registrations governed by this Registration Agreement.

Part B sets out the additional provisions specific to .com, .net and .org domain name registrations.

Part C sets out the additional provisions specific to multi-lingual domain name registrations.

Part D sets out the additional provisions specific to other domain name pre-registrations and registrations governed by this Registration Agreement.

If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.

2. Changes to this Registration Agreement

Melbourne IT may change the terms and conditions of this Registration 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:

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

Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at https://melbourneit.au/legals/.

3. Licensing of Domain Name

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

4. Dispute Policy

Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT, that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT’s current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the UDRP Dispute Policy). Registrant agrees that in respect of the pre-registration or registration of other domain names covered by this agreement in Part D, other dispute policies may apply as specified by the registry administrator of those domain names from time to time, as described in more detail in Part D (the “Other Dispute Policies“). Registrant agrees that Melbourne IT may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant’s maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant’s continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as described in clause 22. The UDRP Dispute Policy can be viewed at https://melbourneit.au/legals/uniform-dispute-resolution-policy/.

5. Agents

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.

6. Renewal / Expiration of the Domain Name License

Melbourne IT will send certain domain expiration notices by email to Registrant 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 Melbourne IT (and not via a reseller of Melbourne IT), Melbourne IT will attempt to renew your domain name in accordance with Melbourne IT’s Renewal Policy located at https://melbourneit.au/legals/renewal-policy/. Where the Renewal Policy does not apply or does not result in renewal of your domain name, the following will apply:

You may renew your domain name with Melbourne IT at any time before the date 40 days after the Expiry Date (Renewal Deadline).
Registrant acknowledges 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 by Melbourne IT 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 Melbourne IT the redemption fee (the current redemption fee is set out at https://melbourneit.au/ and is subject to change).

Additional Provisions for Undelegated and Expiring Domain Names
1. On registration of a domain name with Melbourne IT as registrar Melbourne IT may by default delegate that name to resolve to a Melbourne IT Parked Page. Registrant acknowledges and agrees that the Melbourne IT Parked Page may include a statement and graphics to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT’s website; links to third party websites, advertising of Melbourne IT products and services and advertising content from or about a third party and/or their products and services. Registrant may opt-out of the display of the Melbourne IT Parked Page prior to the Expiry Date by:
  1. registering the domain name with a Melbourne IT Authorised Reseller who has agreed with Melbourne IT not to participate;
  2. delegating its domain name to a different nameserver; or
  3. giving written notice to Melbourne IT Limited at Level 3, 469 La Trobe Street, Melbourne 3000 Australia (or such other business address notified from time to time by Melbourne IT on its web site).
2. At the request of the Registrant Melbourne IT may provide its Private Registration Service (which includes, without limitation, updating certain public contact details associated with the domain name such as the postal address and email address in the WHOIS database) with respect to the domain name for the period up to and including the Expiry Date on the following terms.
  1. The Private Registration Terms located at https://melbourneit.au/domain-names/domain-privacy/ (as may be updated from time to time) are hereby incorporated into this Agreement by reference.
  2. Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the Private Registration Terms.
  3. Melbourne IT may charge Registrant a fee for the provision of the Private Registration Service as notified to the Registrant from time to time. Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and payment provisions contained in the Private Registration Terms
  4. Registrant may terminate the provision of the Private Registration Service:
    1. in the case of changing the fee for the Private Registration Service, at any time by at least 30 days written notice to Melbourne IT; or
    2. at any other time in accordance with the Private Registration Terms.
3. Melbourne IT may elect to lock the domain name at any time and Registrant may unlock the domain name at any time subject to any relevant policies, procedures and processes (for example, relating to a UDRP dispute).
4. Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) any domain name registered through Melbourne IT as registrar to resolve to a Melbourne IT Parked Page.
5. Melbourne IT may from the Expiry Date:
  1. state that the domain name may become available to be acquired or transferred to a third party following the expiration of the Renewal Deadline via the Melbourne IT Parked Page or such other means reasonably determined by Melbourne IT; and
  2. Melbourne IT may continue to supply Melbourne IT’s Private Registration Service to Registrant in connection with the domain name) in accordance with the Private Registration Terms, at no cost to Registrant.
6. If Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may transfer the domain name to a third party (Transferee) on Registrant’s behalf and as Registrant’s agent (Registrant Domain Name Transfer).
7. In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that:
  1. Melbourne IT may use a third party provider of auction services and/or sale services in connection with the transfer of domain names (Third Party Provider);
  2. Melbourne IT has full authority to act as Registrant’s agent (including to exercise any rights under any terms and conditions) to effect the Registrant Domain Name Transfer, and any such acts will be deemed as an act validly performed by the Registrant;
  3. Melbourne IT will notify Registrant by email following receipt of any fees received by Melbourne IT in cleared funds from a Transferee for a Registrant Domain Name Transfer. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if required, under this clause 6A.8.3. if Registrant keeps its contact details with respect to the domain name up to date. Registrant therefore agrees that Registrant will be solely responsible for keeping such contact details up to date;
  4. Registrant may receive a transfer price commission, as specified from time to time at https://melbourneit.au/, which link or transfer price commission may be updated or amended by Melbourne IT from time to time (Transfer Price Commission) subject to:
    1. Registrant applying to Melbourne IT for that Transfer Price Commission within ninety days of the email notification referred to in clause 6A.8.3, in accordance with the process notified from time to time by Melbourne IT to Registrant (Transfer Price Commission Application); and
    2. Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT’s standard authentication procedures, as applicable at the relevant time;
  5. If eligible and the Registrant has provided Melbourne IT with the Transfer Price Commission Application (but not otherwise), Registrant, will be paid the Transfer Price Commission within 30 days of receipt by Melbourne IT of the Transfer Price Commission Application (Payment Date Period) and in a manner determined by Melbourne IT in its sole discretion (including but not limited to, by a transfer of funds via a Paypal(TM) account or similar service), such manner to be detailed in an email communication to Registrant within the Payment Date Period. Registrant acknowledges that if Melbourne IT determines to pay the Transfer Price Commission via a Paypal(TM) account or similar service, Registrant will only be able to receive the Transfer Price Commission in the event that Registrant sets up an account with Paypal(TM) account or that other service (if applicable); and
  6. If eligible the Registrant will be paid any Transfer Price Commission (if applicable):
    1. i. subject to clause 6A.7.6(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or
    2. ii. if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission paid to Registrant:
      1. i. will be paid inclusive of any goods and services tax (“GST“) but exclusive of any other tax or charge which may apply to the commission under any relevant law, and for which Registrant shall be responsible; and
      2. ii. will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements of the GST legislation then in force.
8. Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.4 or 6A.5, any services in connection with the domain name (including without limitation, any email services) will cease.
9. Registrant agrees that Melbourne IT may cease and not complete a Registrant Domain Name Transfer for any reason at any time (including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with any request from such party to do so).
10. Nothing in this clause 6A will constitute an obligation for Melbourne IT to effect or an express or implied guarantee or warranty that Melbourne IT will be successful in effecting a Registrant Domain Name Transfer. In addition Melbourne IT takes no responsibility for (and will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain name by the Third Party Provider.
11. Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT’s sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to exercise any other right available to Melbourne IT under this Agreement.

7. Limitation of Liability

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 pre-registration application or application for a domain name, the processing of any authorized modification to the domain name’s record during the covered registration or renewal period, any action (or inaction of either Melbourne IT or any Third Party Provider under clause 6A), or the failure by the Registrant or the Registrant’s agent to pay a pre-registration fee or other 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.

8. Indemnity

To the maximum extent permitted by law, Registrant agrees to indemnify, keep indemnified and hold each of Melbourne IT, the registry administrator and the registry’s subcontractors and service providers, and each of their respective directors, officers, employees, affiliates 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, domain name registration, renewal or pre-registration, or to the Registrant’s use of the domain name. This clause survives termination or expiration of this Agreement.

9. Breach

Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) 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.

10. No Warranty by Melbourne IT

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

11. Acknowledgements and Warranty

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.
Registrant represents and warrants that, to the best of Registrant’s knowledge and belief, neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes upon or otherwise violates the legal rights of a third party. Breach of this warranty will constitute a material breach.
Registrant represents and warrants that it is not submitting the request for a domain name for an unlawful purpose, and it will not use the domain name for an unlawful purpose.
Registrant represents and warrants that it will not knowingly use the domain name in violation of any applicable laws or regulations or of the rights of any third parties.
Registrant represents and warrants that it will use the domain name in accordance with the TLD requirements, standards and policies of the relevant registry or sponsoring organization.

12. Revocation

Registrant agrees that Melbourne IT may delete a Registrant’s domain name if any information required to be supplied by the Registrant under this 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.

13. Right of Refusal

Registrant acknowledges that the registry administrator or ICANN 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.

14. Change in Registrar

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

15. Suspension, Cancellation, Transfer

Registrant acknowledges and agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:

to correct mistakes by Registrar or the registry administrator in registering the domain name;
for the resolution of disputes concerning the domain name; or
in case of arbitration or court proceedings being commenced with respect to the rights to the domain name. In addition to the above rights, Melbourne IT may suspend or cancel 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 any:
activity that infringes the intellectual property rights or other rights of any third party;
activity that defames or disparages any third party; or
otherwise illegal or fraudulent activity, or otherwise in accordance with Melbourne IT’s Acceptable Use Policy.

16. Payment

The registration fee is payable with the Application.
Registration is not effective until the Registration fee has been paid and cleared.
The registration is for the full period of years selected and paid for at the time of Application or renewal. If you have registered your domain name as a direct customer of Melbourne IT (and not via a reseller of Melbourne IT), Melbourne IT’s renewal fees, post-expiration renewal fees and redemption fees are published on http://www.melbourneit.au/domain-names/.
All fees are non-refundable.

17. Non Payment

Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant’s credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration 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 16, 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 Registration fee, and Registrant’s payment of Melbourne IT’s then current re-transfer fee.

18. Application Details

Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the discretionary fields of the Application (‘Information’). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration or renewal period and to respond within fifteen (15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.

19. Use of Information

Registrant acknowledges Information obtained from Registrant will be:
1. transmitted to the registry administrator for registry use
2. publicly available as required by ICANN, the registry or the relevant regulator;
3. used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by Melbourne IT. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Melbourne IT of its current agent as required by Melbourne IT.
Registrant consents to the use of the Information for the purposes set out in clauses 19.1.1 to 19.1.3.
Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Melbourne IT, the same information about use of those details as are set out in this clause 19, and that the third parties individually have consented to use of their personal data.
Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 19. Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at https://www.melbourneit.au/policies/privacy/.
Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Registrant consents to the use, copying, distribution, publication, modification and other processing of the Registrant™ personal data by the registry, its service providers, subcontractors and agents in a manner consistent with the registry™ posted privacy policy, registry™ WHOIS policy and all other purposes of collection notified to Melbourne IT by the registry.

20. Severability

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.

21. Entirety

Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant’s 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.

22. Governing Law

Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia.
In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from such Courts.
In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) where Melbourne IT is located.

23. General

Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.

PART B – Terms that apply to .com, .net, .org domain name registrations only

24. .com, .net and .org registry operators

Verisign Global Registry Services is the registry administrator responsible for administering the .com and .net domain name registry. Public Interest Registry is the registry administrator responsible for administering the .org domain name registry.

PART C – Multilingual Registrations

25. Special Provisions for ML. Registrations

Registrants who register an Internationalised Domain Name (hereafter referred to as a ‘Multilingual domain name’) acknowledge that the Multilingual system is at all times subject to any change in standards published from time to time by the Internet Engineering Task Force (‘IETF’).

As at the date of this Agreement, IETF standards have been implemented for .com, .net and .org Multilingual domain names.

Registrant acknowledges and agrees that any changes or amendments to these IETF standards may cause the internal representation of a Multilingual domain name or the licence period of a Multilingual domain name to change, become invalid, or, be deleted. Such occurrences will be resolved on a case-by-case basis by Melbourne IT, as they occur, to the extent that Melbourne IT is able to do so.

No .org Multilingual domain name may be registered from the date of this Agreement, unless Melbourne IT provides notification to the contrary.

REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE EXTENT THAT SUCH REGISTRATION OR RENEWAL IS AVAILABLE OR PERMITTED) DO SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND THE REGISTRY ADMINISTRATOR, THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE INVALIDITY OF ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY FEES PAID OR PAYABLE WILL BE MADE IF ANY MULTILINGUAL DOMAIN NAME IS CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.

PART D – Terms that apply to other domain name pre-registrations and registrations. .biz, .info, .name, .travel and .cat Domain Names

1. Should you seek to register a .biz second level domain name, you must contractually agree to the following terms:

biz Registry Operator. NeuStar, Inc is the registry administrator responsible for administering the .biz domain name registry.
biz Restrictions. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions“), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
1. To exchange goods, services, or property of any kind;
2. In the ordinary course of trade or business; or
3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name 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 shall not constitute a “bona fide business or “commercial use” of that domain name.
biz Certification. As a .biz domain name Registrant, you hereby certify to the
1. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neustar.biz/
2. The domain name Registrant has the authority to enter into the registration agreement; and
3. The registered domain name is reasonably related to the Registrant’s business or intended commercial purpose at the time of registration.
For purposes of the .biz Registration Restrictions (“Restrictions“), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
1. To exchange goods, services, or property of any kind;
2. In the ordinary course of trade or business; or
3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name 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 shall not constitute a “bona fide business or commercial use” of that domain name.

For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain name exclusively for the expression of non-commercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);
3. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.
Provision of Registration Data
1. Provision of Registration Data.
2. As part of the registration process, you are required to provide the registry administrator with certain information and to update this information to keep it current, complete and accurate. This information includes:
  1. your full name, postal address, e-mail address, voice telephone number, and fax number if available;
  2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
  3. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
  4. the corresponding names of those nameservers;
  5. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
  6. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
  7. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
  8. any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the “ICANN Agreement“), available at ICANN’s site. For bulk services in respect of the registration data which are provided by Melbourne IT, if the Registrant does not consent to the use of such information for inclusion in registers and data bases produced by Melbourne IT or its licensees, then the Registrant is required to provide non consent verification stating name, address, date and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, Level 3, 469 La Trobe Street, Melbourne 3000 Australia.
3. 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 provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to the registry administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry administrator 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 ICANN Agreement or any ICANN/Registry Policy.
Domain Name Dispute Policy. If you reserved or registered a .biz domain name through the registry administrator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have 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:
1. The Uniform Domain Name Dispute Resolution Policy, currently available at https://www.icann.org/resources/pages/udrp-2012-02-25-en; and
2. Restrictions Dispute Resolution Criteria and Rules, currently available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name (“Registrant“) with any third party (other than registry administrator or registrar) over the registration or the use of a .biz domain name registered by 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 Registry administrator. Registry administrator 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.
Domain Name Dispute Policy Modifications. You agree that the registry administrator, in its sole discretion, may modify its dispute policy. The registry administrator will post any such revised policy on its Website at least thirty (30) calendar days before it becomes effective. 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.
Reservation of Rights. Melbourne IT and the .biz registry administrator, NeuStar, Inc. expressly reserve the right to deny, cancel, place on registry-lock or hold or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of Melbourne IT and/or NeuStar, Inc., as well as their affiliates, subsidiaries, officers, directors and employees and stockholders or for violations of the registry registrar agreement and its exhibits. Melbourne IT and NeuStar, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
ICANN Policy. Registrant must comply with all ICANN standards, policies, procedures and practices for which the registry administrator has monitoring responsibility in accordance with the registry agreement or other arrangement with ICANN.
Registry Policy. Registrant must comply with the operational standards, policies, procedures, and practices for the .biz TLD established from time to time by the registry administrator in a non-arbitrary manner and applicable to all registrars, including affiliates of the registry administrator, and consistent with ICANN’s standards, policies, procedures, and practices and the registry administrator’s registry agreement with ICANN. Additional or revised registry administrator operational standards, policies, procedures, and practices for the .biz TLD shall be effective upon thirty days notice by the registry administrator to Melbourne IT.

2. Should you seek to register a .info second level domain name, you must contractually agree to the following terms:

Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant’s Personal Data by the .INFO registry administrator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN.
Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry administrator for domain names registered during the Sunrise Period. These policies are subject to modification by the registry administrator.
Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement. Registrant acknowledges that the registry administrator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
Registrar and the registry administrator expressly reserve the right to deny, cancel or transfer any registration or place any domain names(s) on registry lock that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry administrator as well as their affiliates, subsidiaries, officers, directors and employees, or for violation of the registry-registrar agreement. Registrar and the registry administrator also reserve the right to place a domain name on registry hold, registry lock or similar status during resolution of a dispute.
ICANN Policy – Registrant must comply with all ICANN standards, policies, procedures and practices for which the registry administrator has responsibility in accordance with the registry agreement or other arrangement with ICANN.
Registry Policy – Registrant must comply with the operational standards, policies, procedures, and practices for the .info TLD established from time to time by the registry administrator in a non-arbitrary manner and applicable to all registrars, including affiliates of the registry administrator, and consistent with ICANN’s standards, policies, procedures, and practices and the registry administrator’s registry agreement with ICANN. Additional or revised registry administrator operational standards, policies, procedures, and practices for the .info TLD shall be effective upon thirty days notice by the registry administrator to Melbourne IT. If there is a discrepancy between the terms required by this agreement and the registry-registrar agreement between Melbourne IT and the registry administrator, the terms of the registry-registrar agreement shall supercede the terms of this agreement.

3. Should You seek to register a .name third level domain name you must contractually agree to the following terms:

i. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
ii. You acknowledge that your right to register a .name domain name is subject to You complying with the .name eligibility requirements, which are set out on the website of the .name registry administrator, and which are currently located at http://www.gnr.name/ (the “Eligibility Requirements“). You agree that your registration of any .name domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .name registry administrator from time to time.
iii. You acknowledge that your right to register a .name domain name is subject to You complying with the .name acceptable use policy, which is set out on the website of the registry administrator, and which is currently located at http://www.gnr.name/ (the “Acceptable Use Policy“). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as these may be amended by the .name registry administrator from time to time.
iv. In addition to the UDRP Process described in Clause 4, You agree that on successful registration of a .name domain name, You will be bound by the Eligibility Requirements Disputes Resolution Policy (the “ERDRP“). The ERDRP is set out on the website of the registry administrator, and is currently located at http://www.gnr.name/, and should be read in conjunction with the following related information:
1. Summary of Eligibility Requirements Dispute Resolution Policy (which is currently located at http://www.gnr.name/);
2. Disputes: Filing a Complaint (which is currently located at http://www.gnr.name/);
3. ERDRP Rules (which is currently located at http://www.gnr.name/); and
4. ERDRP Dispute Resolution Providers (which is currently located at http://www.gnr.name/).

You agree to be bound by the ERDRP, as this policy (and any related information as described above) may be amended from time to time by the registry administrator.

4. Should you seek to register a .travel second level domain name you must contractually agree to the following terms:

Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
Eligibility Requirement. Registrations in the .travel name space are restricted to people, organizations, associations and private, governmental and non-governmental agencies in the travel and tourism industry. Registrant acknowledges that its right to register a .travel domain name is subject to Registrant complying with the .travel eligibility requirements, which are set out on the web site of the .travel registry administrator, and which are currently located at www.tralliance.info (the “Eligibility Requirements“). Registrant agrees that the registration of any .travel domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .travel registry administrator from time to time. The Eligibility Requirements are incorporated herein by reference.
Continuing Eligibility. Registrant agrees to maintain its eligibility to hold a .travel license throughout the term of the license, including renewal. If Registrant ceases to be a member of the travel or tourism industry as defined by the current policies of the Registry, Registrant must give notice of such change within 14 days of ceasing to be eligible to hold the license. In the event that Registrant does not notify the Registry of such change of status, the Registry will revoke all registrations held by Registrant immediately upon becoming aware of the change of status.
Warranties. Registrant warrants that:
1. Registrant understands and meets the Eligibility Requirements;
2. Registrant’s selected domain name meets the requirements of the .travel Registry Policies (currently located at http://www.tralliance.info/);
3. Any information provided by Registrant is accurate and complete and any future changes to this information will be provided in a timely manner;
4. Registrant has the authority to enter into the Registration Agreement;
5. Registrant is able to enter into this agreement and if a real person is of legal age; and
6. Registrant’s domain name is not registered for an unlawful purpose.
Information Requirement. Registrant acknowledges that any travel organization assisting the Registry in the authentication process will be required to solicit and receive an update of all authentication data from Registrant within 30 or up to 60 days prior to the anniversary date of registration. In the event that Registrant is no longer eligible to hold the license, Registrant will be given 30 days to provide updated data which confirms Registrant’s eligibility. Where such authentication data is not provided by Registrant or does not confirm Registrant’s eligibility, the Registry will inform Registrant and Registrant will have the right to request a review of the denial as if it had been an initial registration. Should Registrant remain ineligible at the end of the review, the Registry will revoke the registration.
Dispute Resolution. In addition to the UDRP Process outlined in Clause 4, Registrant agrees that on successful registration of a .travel domain name, Registrant will be bound by the following:
1. in relation to disputes by any third party that Registrant is not eligible to hold a .travel domain name, the ICANN Charter Eligibility Dispute Resolution Policy (CEDRP); and
2. in relation to a formal complaint by Registrant over a denial of Registrant’s eligibility to hold a .travel domain name, a decision of the Domain Name Denial Review Panel of the Travel Partnership Corporation (TTCP).
Revocation of License. In addition to clauses 12 and 15, Melbourne IT and the Registry administrator may revoke Registrant’s license to use a .travel domain name for the following reasons:
1. to protect the integrity and stability of the Registry;
2. to comply with any applicable laws, government rules or requirements, requests of law enforcement or any dispute resolution process;
3. to avoid any liability, civil or criminal, on part of Registry as well as its affiliates, subsidiaries, agents, officers, directors, and employees;
4. for violations of this Agreement or any ICANN or Registry policy;
5. to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
6. if Registrant ceases to be a member of the eligible community defined by the .travel Charter and policies;
7. failure by Registrant to comply with any .travel policy that applies to Registrant at any time;
8. if Registrant’s .travel domain name or Registrant’s use of the .travel domain name is not in the best interests of the travel community; and
9. if any information provided by Registrant in the course of registration is incorrect.
Reservation of Rights. Melbourne IT and the .travel registry administrator, Tralliance Corporation, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Melbourne IT and/or Tralliance Corporation., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT and Tralliance Corporation also reserve the right to freeze a domain name during resolution of a dispute.
ICANN Policy. Registrant must comply with all ICANN and .travel registry and registry administrators’ standards, policies, procedures and practices as notified to if from time to time by Registrar.
Third Party Beneficiary. Registrant acknowledges that the .travel registry administrator is an intended third party beneficiary of this Registration Agreement.
Indemnity. Without limiting clause 8, Registrant agrees to indemnify, keep indemnified and hold the .travel registry and registry administrator, their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns harmless from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant’s domain name registration.

5. Should you seek to register a .cat second level domain name you must contractually agree to the following terms:

Fundaciò puntCAT is the registry administrator responsible for administering the .cat domain name registry.
You acknowledge that your right to register a .cat domain name is subject to You complying with the .cat eligibility requirements, which are set out on the website of the .cat registry administrator, and which are currently located at http://www.puntcat.cat (the “Eligibility Requirements“). You agree that your registration of any .cat domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .cat registry administrator from time to time.
You acknowledge that your right to register a .name domain name is subject to You complying with the .cat acceptable use policy, which is set out on the website of the registry administrator, and which is currently located at http://www.puntcat.cat (the “Acceptable Use Policy“). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as these may be amended by the .cat registry administrator from time to time.
Registration Agreement – The registrant agrees to be bound by the .cat Registration Agreement between the registrant and .cat registry administrator, as may be updated from time to time.
The .cat Registration Agreement is located at http://www.puntcat.cat.

6. Should you seek to register a .mobi second level domain name you must contractually agree to the following terms:

mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry.
You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (http://www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (http://www.mtld.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.
Indemnity. Without limiting clause 8, you agree to indemnify, defend, keep indemnified and hold Afilias Limited (Registry Services Provider), its 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 your domain name registration, renewal or pre-registration, or to your use of the domain name. This clause survives termination of this Agreement.
Third Party Beneficiary. Notwithstanding anything in this agreement to the contrary, the registry administrator is and shall be an intended third party beneficiary of this Agreement. As such, the you acknowledge and agree that the third party beneficiary rights of the registry administrator have vested and that the registry administrator has relied on its third party beneficiary rights under this agreement in agreeing to Melbourne IT being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights shall survive any termination or expiration of this agreement.
Policy. You must comply with all ICANN and .mobi registry and registry administrator’s standards, requirements, policies, procedures and practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi, and as notified from time to time by the registry administrator or Melbourne IT (‘Registry Policies’). You agree that your registration of any .mobi domain name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time to time.
Use of Personal Data. You consent to the use, copying, distribution, publication, modification and other processing of your personal data by the registry administrator and its designees and agents for such purposes as may be notified to Melbourne IT by the registry administrator from time to time. You otherwise agree to the provisions of clause 19 of this Agreement.
Application Details. You agree to be bound by the provisions of clause 18 of this Agreement. You agree to provide current, accurate and complete information in connection with your registration of the Domain Name and its creation, launch, and operation of the website including but not limited to information required for the purposes of the Whois records.
You agree to be bound by the terms and conditions of the initial launch and general operations of the registry administrator, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period (as outlined at www.mtld.mobi), and further acknowledge that the registry administrator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
Revocation, Transfer and Cancellation of License. Without limiting clauses 12 and 15 of Part A you acknowledge and agree that the .mobi registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the registry as well its affiliates subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the registry or any registrar in connection with a domain name registration, and the registry also reserves the right to freeze a registered name during resolution of a dispute.
Proxy Registrations. You acknowledge and agree that proxy or proxy registrations will not be allowed during the sunrise period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this agreement.
Premium Names. You acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein. You acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof, (i) any and all 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 mTLD and (ii) mTLD 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 you shall have no rights or recourse against mTLD and/or Melbourne IT relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

7. Should you seek to register a .tel domain name you must contractually agree to the following terms:

Launch and Sunrise Programs. Registrant will agree to be bound by the policies relating to the initial launch of the registry TLD, such as the Sunrise Policy and any applicable Landrush requirements, and will acknowledge that Registry has no liability of any kind for any loss or liability resulting from any such policies or requirements, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration.
Compliance with TLD Requirements. Registrant’s use of the domain name shall comply with all applicable TLD requirements, standards and policies adopted by the registry or the sponsoring organization including, but not limited to, the Acceptable Use Policy and the Sunrise Policy.
Right to Deny, Cancel or Transfer a Registration. Without limiting clauses 12 and 15 of Part A, the registrant acknowledges and agrees that the registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion: a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of this agreement; (e) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (f) to enforce the TLD requirements; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the registry. Registry also reserves the right to lock, hold or place a similar status on a domain name during resolution of a dispute. Registry shall have no liability of any kind to Registrant, its customers, affiliates, service providers or any other party as a result of such denial, cancellation or transfer.
Communications with Registrant. Registry and Telnic may communicate directly with Registrant in connection with any issues relating to a .tel domain name and the Registrant’s membership of the .tel community. The Registrant will respond promptly to such communications from Telnic and will resolve any errors in content notified to the Registrant.
Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Registrant and the registry and/or Telnic relating to a domain name or a request for a domain name shall be subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts in England and Wales.
Responsibility for Content. Registrant is solely and fully responsible for all information, data and text (“Content“) provided in connection with the domain name. The name service provider, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
Use of Information. Registrant agrees to provide updated, current Content. If registrant provides information about a third party or employer, registrant hereby represents and warrants that it has (a) provided notice to that third party of the disclosure and use of that party’s information in connection with the domain name, and (b) obtained that third party’s express consent to the disclosure and use of that party’s information. Registrant expressly consents to the use of Content by Telnic and its service providers to provide the delegated zone provisioning and DNS hosting services (“TelHosting Services“), and as otherwise described in Telnic’s posted privacy policy.
Prohibited Activities. Registrant will not use the TelHosting Services or provide Content which could (a) violate any applicable local, state or national law, (b) give rise to any criminal, civil or other liability to the name service provider, its service provider or designees, or (c) damage the reputation of the name service provider, its service provider or designees.
Reservation of Rights. Melbourne IT and/or its service providers reserve the right to withhold or suspend TelHosting Services as it deems necessary in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries officers, directors, and employees; (d) for violations of this agreement; (e) to correct mistakes in connection with a domain name registration; (f) to enforce the requirements, standards and policies of the registry; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the registry. Melbourne IT and/or its service providers also reserve the right to suspend provision of TelHosting Services during resolution of a dispute.
Representations and Warranties. Registrant represents and warrants that:
1. To its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third party;
2. it does not intend to use the Content for any unlawful purposes;
3. it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; and
4. it will comply with the TLD requirements including the policies and standards of the registry.
Indemnity. To the maximum extent permitted by law, Registrant agrees to indemnify, keep indemnified and hold each of Melbourne IT, the registry administrator, Telnic and each of their subcontractors, service providers, directors, officers, employees, affiliates 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 the Content or the TelHosting Services.
Limitation of liability. To the maximum extent permitted by law, Registrant agrees neither Melbourne IT nor Telnic or any other applicable TelHosting provider has any liability to the Registrant or the Registrant’s agent for any loss Registrant may incur in connection with the TelHosting Services. 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 TelHosting Services again or the fee paid to Melbourne IT for the provision of the TelHosting Services.
Disclaimer of warranties. Registrant acknowledges that the TelHosting Services are provided “as-is” and without any warranty of any kind. Melbourne IT expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and conditions of merchantability or satisfactory quality and fitness for a particular purpose. Melbourne IT and Telnic do not warrant that the TelHosting Services will meet the Registrant’s requirements, or that the operation of the TelHosting Services will be uninterrupted or error-free, or that defects in the TelHosting Services will be corrected. Furthermore, Melbourne IT and Telnic do not warrant nor make any representations regarding the use or the results of the TelHosting Services in terms of their correctness, accuracy, reliability, or otherwise.