Date: April 2016
Melbourne IT is an accredited registrar of Internet Corporation For Assigned Names and Numbers (ICANN), and an accredited registrar of each registry responsible for operating the top level domain (TLD) spaces as specified in this Domain Name Registration Agreement (Registration Agreement).
This Registration Agreement is submitted by you (being an individual or entity), the applicant for (and on registration, the licence holder of) a domain name to Melbourne IT for the purpose of becoming the licensee of a particular TLD domain name (domain name).
This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. In submitting this Registration Agreement, you agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
1.1 You agree that a registration or reservation 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.
1.2 You agree that we do not guarantee that any domain name registration, pre-registration or otherwise applied for by us on behalf of you will be successfully registered or reserved by the applicable registry. You acknowledge and agree that you will not take any action in respect of any domain name registration, pre-registration or otherwise until the successful registration or reservation of that domain name is confirmed in writing to you.
1.3 If you submit an application for pre-registration or registration of a domain name, we do not provide or make any representation or guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In providing such services, we may use third-party service providers, and certain applications may be processed manually. We make no representations that applications will be processed within any particular timeframe or any particular result will be achieved.
1.4 Our fees for registrations, renewals and redemption can be viewed HERE.
2.1 You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services associated with the domain name may remain active. These other services that remain active will continue to be billed in accordance with the relevant terms and conditions.
3.1 We may attempt to acquire the domain name for you from a third party provider (Provider). You acknowledge to, and agree with, Melbourne IT, that in order for us to attempt to acquire any domain name for you from the Provider, in addition to the terms of this Registration Agreement, you must agree to the applicable Provider domain name agreement (Provider Agreement) for the domain name that you wish to register. To determine which Provider was used to register your domain name, you can perform a free Whois search on the domain name and look for the “Registrar of Record” field. For domains registered with “IP Mirror”, the applicable Provider Agreement can be found here: http://www.ipmirror.com/service_agreements/agreement_domains. For domains registered with “Instra”, the applicable Provider Agreement can be found here” https://www.instra.com/en/about-us/Customer-End-User-Agreement and https://www.instra.com/en/about-us/Terms-Conditions.
3.2 You warrant to Melbourne IT that:
3.3 Where your domain name has been registered pursuant to this clause 3, you may cancel (or surrender) your domain name licence by written notice to Melbourne IT at any time, if such cancellation (or surrender) is permitted by the Provider. You acknowledge that such cancellation (or surrender) is required to be undertaken by the Provider, and that accordingly, Melbourne IT has no control over when such cancellation (or surrender) will be effected by the Provider.
3.4 If you are permitted to cancel your domain name licence as specified in clause 3.3, Melbourne IT shall not be required to provide any refund of any charge paid by to you to Melbourne IT under this Agreement in connection with such cancellation (or surrender).
3.5 You agree that the domain name will be registered by the Provider on a first come, first served basis. You agree that Melbourne IT does not guarantee that any domain name applied for by Melbourne IT on behalf of you will be successfully registered by the Provider. You acknowledge and agree that you will not take any action in respect of the registration of your domain name by a Provider until the successful registration of that domain name is confirmed in writing to you by either Melbourne IT or the Provider.
3.6 The terms of this Registration Agreement apply in full to any domain name processed through a Provider. In addition to the rights Melbourne IT and the applicable registry have in respect of your domain name, you acknowledge and agree that the Provider has additional rights as contained in the Provider Agreement (including without limitation the right to suspend or cancel your domain name at any time in accordance with the Provider Agreement).
The following provisions apply to this Registration Agreement depending on the TLD space of the domain name. Should there be an inconsistency between this Registration Agreement and the below TLD specific provisions, the below provisions will prevail in respect of such inconsistency.