These are the terms on which we supply to you domain name
registration and other services.
2.Outline
These
terms consist of:
a 'general' section, that applies to all our services and all
your dealings with us; and
a series of 'specific' sections that each apply only to
certain kinds of domain name.
To
the extent of any inconsistency between them, a specific section
overrides the general section.
3.Background
We
do not operate the domain name system, or grant licences for domain
names. Those things are done by 'registry operators', who are
independent of us and beyond our control.
We are a domain name 'registrar'. That means:
We can arrange for domain name licences to be granted to you by
various registry operators, subject to their rules and licence
terms and the policies and requirements of .
We can carry out some limited functions on behalf of registry
operators.
We can serve as a 'registrar of record' i.e. the intermediary
between a domain name licensee and a registry operator, as
recognised by the registry operator.
We can provide online facilities for you to administer your domain
names.
We may also provide other, related services.
This
document contains the terms that apply between you and us when we
provide our services as registrar.
It
also indicates the licence terms that are imposed by various
registry operators and ICANN. A domain name licence that we
arrange for you is subject to the licence terms and conditions of
the registry operator who grants the licence and the requirements
of ICANN.
For as long as we are registrar of record for a domain name, there
is a 'registration agreement' between us and its registrant on
these terms.
4.Definitions
In these terms:
applicant
a person who applies to become registrant of a domain name
auDA
.au
Domain Administration Limited ACN 079 009 340
auDA
terms
has
the meaning given by clause 63
domain
name licence
a
licence to use a domain name
(domain name) licence terms
the terms and conditions on which a domain name is licensed
dotbiz
a
domain name that ends in .biz
dotcom
a
domain name that ends in .com
dotinfo
a
domain name that ends in .info
dotnet
a
domain name that ends in .net
dotorg
a
domain name that ends in .org
European domain name
a domain name that ends in .de, .nl, .be, .it or .ru
Global Top Level Domain or gTLD
a domain name that ends in .com, .net, .org, .info or .biz
ICANN
Internet Corporation for Assigned Names and Numbers
member
a person who registers with us as a member and receives a
membership ID from us
PlanetDomain
PlanetDomain Pty Ltd ABN 89 122 194 745
published
policies
those specifications and policies established and published by
auDA from time to time in accordance with its constitution, and
can be found at auDA's web site at
www.auda.org.au/policies/policy-index/
registrant
the
current licensee of a domain name
registrar
us
registrar
of record
has
the meaning given by clause 3
registration
agreement
has
the meaning given by clause 3
registration
fee
our current charge in respect of a domain name registration as
at the time of application
registration
term
the period that a domain name licence lasts for
registry
operator
the entity that issues domain name licences (directly or through
a representative) and / or operates the registry for a domain
name
registry requirement
has
the meaning given by clause 6
renewal
fee
our current charge in respect of a domain name registration
renewal as at the time of renewal
transfer
a member to member transfer or a transfer in or a transfer out
or a registrar transfer in or a registrar transfer out
we,
us, etc
PlanetDomain Pty Ltd ABN 89 122 194 745 of 3/538 Collin Street Melbourne Victoria 3000 Australia trading under a
number of business names and through resellers and other agents.
you
a person who asks us to provide them with any of our services as
registrar
A
word or phrase that is hyperlinked (in the online version of these
terms) to another page or document refers to that page or document.
Other rules
of interpretation:
If an expression is defined in the dictionary in clause 4, that is what it means.
If an expression is defined in the dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if
'to colour' means 'to paint red', then 'coloured' means 'painted red')
Headings are only for convenience. They are to be ignored when interpreting these terms, except insofar as they indicate the number of a clause.
A schedule to a document is part of that document.
A reference to the singular includes the plural and vice versa.
Where one thing is said to include one or more other things, it is not limited to those other things.
There is no significance in the use of gender-specific language.
A 'person' includes any entity which can sue and be sued.
A 'person' includes any legal successor to or representative of that person.
A reference to a law includes any amendment or replacement of that law.
Anything that is unenforceable must be read down, to the point of severance if necessary.
Anything we can do, we may do through an appropriately authorised representative.
5.General terms
The following clauses 6 to 36 apply in every case.
6.Registry requirements
Each
registry operator has its own terms and conditions, policies and
requirements covering the registration, use and renewal of domain
names and related matters like dispute resolution procedures and
transfer procedures - 'registry requirements'.
ICANN
may also impose terms and conditions, policies and requirements on
registry operators, us and / or registrants. Where such terms and
conditions, policies and requirements are relevant to domain name
applicants or registrants, they also count as 'registry
requirements'.
A new registry requirement, or an amendment of an existing one,
takes effect as soon as the registry operator requires it to take
effect (even if that is retrospective). That is beyond our
control.
Some
registry requirements are set out in these terms. Others are
cross-referenced. ICANN or a registry operator may have, or
introduce, new ones.
You
apply for, and accept, registration for any domain name subject to
all applicable registry requirements from time to time.
You
are responsible for familiarising yourself with all registry
requirements, whether or not they are included or referenced in
these terms.
You
release us from any claim arising out of registry requirements or
anything that we do under them.
Registry
requirements are for the benefit of registry operators and us, not
for the benefit of you or other registrants. You can never oblige
us to enforce registry requirements against other people.
7.Domain names are licensed, not
owned
You
acknowledge that the right to use a domain name is by way of
licence. A registrant is a licensee of a domain name, not its
owner.
Expressions
such as 'applying for a domain name', 'registering a domain
name' and 'transferring a domain name' (and so on) are to be
read merely as contractions of 'applying for a domain name
licence', 'registering a domain name licence' and
'transferring a domain name licence' (and so on).
A
domain name licence is subject to its licence terms. It may not be
used in breach of its licence terms. Many of those terms are
registry requirements, beyond our control.
8.Applying
for a domain name
To
apply for a domain name, you must:
complete our application form;
agree to these terms;
submit the registration fee; and
satisfy any other requirements we notify to you.
Application
does not assure you of a domain name, even if a preliminary search
indicates that the domain name is available for registration.
Your
application is successful if and only if:
you have paid the registration fee, and your payment has been
honoured;
your application complies with the requirements and policies of
the applicable registry operator;
the applicable registry operator approves your application and
permits the registration; and
we have notified you in writing that your application has been
finally approved -
but subject to those requirements, the period of your domain name
licence is taken to commence on the date you applied for it.
You
acknowledge that registry operators reserve arbitrary rights to
reject registrations at any time. You must not assume that your
application will be successful, or take any step or spend any money
on the assumption that it will be.
9.Period of registration
A
domain name licence has a fixed period.
For
some types of domain names, there is a choice of periods. Our
application form will indicate the period/s that you may apply for.
You may choose only one. If you become the registrant of the
domain name, the licence period will be the one you applied for.
10.Renewal of registration
You
may renew your registration of a domain name in accordance with
these terms and registry requirements.
You
are responsible for renewing your registration, and if you fail to
do so before the end of the licence term, the domain name may be
available for registration by third parties.
You
release us from any claim arising out of your failure to renew
registration.
We
may elect to send you a renewal notice as a courtesy, but:
we are never obliged to do so; and
you have no claim against us if we do not do so, or if our notice
does not reach you.
you do not have to renew your registration, or pay any fee
indicated by the reminder notice, unless you choose to do so.
If
we send you a renewal notice, you may:
choose to renew your registration - and that means you must pay
the fee indicated; or
let the registration lapse - and that means you need not pay the
fee.
11.Applying for renewal
To
renew a domain name, you must:
complete our renewal procedure;
agree to these terms (as in force at the time of renewal);
submit the renewal fee; and
satisfy any other requirements we notify to you.
Your
renewal is successful if and only if:
you have paid the renewal fee, and your payment has been honoured;
your renewal complies with the requirements and policies of the
applicable registry operator;
the applicable registry operator approves your renewal; and
we have notified you in writing that your application has been
finally approved -
but subject to those requirements, the period of your renewed domain
name licence is taken to commence on the date your previous licence
expired.
If
we notify you that receipt of a renewal and / or a renewal fee is
required to be lodged or paid some time before the domain name has
actually expired, you may lose any right to renew if you do not
lodge and pay by that time.
If
you wish to renew a domain name that is licensed by a
non-Australian registry operator, you must always lodge your
application and renewal fee in time to meet any cut off date
imposed by the registry operator.
12.Period of renewed registration
Our
web site will indicate the renewal period/s that you may apply for.
You may choose only one.
If
your renewal is successful, the renewed licence period will be the
one you applied for.
Subject
to registry requirements, there is no limit to the number of times
you may renew a registration.
13.Transfers
There
are several types of 'transfer' that may affect a domain name
registration:
a 'member to member transfer' - where we are registrar of
record both before and after transfer;
a 'transfer in' - where (a) there is a change of registrant
and (b) we become the registrar of record as a result of the
transfer;
a 'transfer out' - where (a) there is a change of registrant
and (b) we cease to be the registrar of record as a result of the
transfer;
a 'registrar transfer in' - where (a) there is no change of
registrant and (b) we become the registrar of record as a result
of the transfer;
a 'registrar transfer out' - where (a) there is no change of
registrant and (b) we cease to be the registrar of record as a
result of the transfer.
Various
terms and registry requirements apply to different transfers.
14.Member to member transfer
A
member to member transfer must comply with this clause.
Transferor
and transferee must both be current members.
The
transferor must initiate the transfer process.
The
parties must use our online transfer system and comply with our
such procedure as we specify.
The
transfer is subject to and must comply with such procedure as we
specify.
The
transferor must pay any outstanding fees they owe us.
The
transferor relinquishes their registration of the domain name after
the transfer.
The
transferor releases us from any claims arising under or in relation
to this agreement and / or their domain name registration and / or
its transfer as soon as the transfer is effected.
The
transferee must enter into a registration agreement with us, with a
term of at least a year.
The
transferee must provide us with all the information required by the
online transfer system, and our procedure and policy and warrants
that it is complete and accurate.
15.Transfers - general
You
may transfer a domain name registration subject to:
registry requirements, and
this clause.
If
we consider that a transfer is taking place, or has taken place:
because of an administrative error or oversight by us or anyone
else; or
because of illegal, unfair or unethical conduct by you or anyone
else -
we may suspend or reverse the transfer - a 'slip correction'.
We
are not liable to you for any consequence of a slip correction or
the circumstances that gave rise to it, but if the circumstances
were not your fault you can apply for a refund of any fees you paid
to us for the transfer.
16.Fees
We ublish current charges for our services on our web site. We can change them at will, but changes are not retrospective.
The charges for a service are the ones published at the time you request it.
You must pay our charges for all services you request and / or use.
Charges that you pay are non-refundable.
Domain name registration fees are payable when you apply to register. If your payment is not honoured, your application is void.
Domain name renewal fees are payable before the current registration period ends. If you do not pay by then:
we may place the domain name on hold for 30 days; and
if you have not paid within those 30 days, we may cancel your
registration.
17.Credit card chargebacks
You
must not seek to reverse a credit card transaction in our favour
('chargeback').
If
you do initiate a chargeback, we may:
hold you to the transaction, resist the chargeback and charge you
our reasonable costs of doing so; or
cancel your domain name registration or renewal.
If
you have initiated a chargeback, we may decline to provide you with
further services until you have paid our reasonable costs and
expenses arising from it.
18.Cancellation of registration
If your domain name registration is cancelled under these terms or a
registry requirement:
a
third party may register it instead of you; and
you
release us from any claim arising from the cancellation.
19.Taxes
The charges payable under these terms are exclusive of all government
charges, taxes, duties and levies and you must pay any and all such
charge, taxes, duties and levies arising out of or in connection with
these terms. In particular, you must pay to us any amount (VAT or GST
or its equivalent) which we are obliged to pay as a result of any
supply made or deemed to be made or other matter or thing under or in
connection with these terms.
20.Your promises to us
You promise us that if you:
apply
to register a domain name;
use
a domain name;
renew
a domain name;
transfer
a domain name to another person; or
take
a transfer of a domain name from another person -
through our service, then:
you
have all the legal rights that you need in order to do so;
you
are not infringing the rights of any third party in doing so;
all
information that you provide to us is complete and accurate; and
you
do not have an illegal purpose and are not engaging in illegal
conduct.
21.Permitting a third party to use
your domain name
You
are responsible for everything done with or by means of your domain
name.
If
you permit anyone else to use your domain name in any way, their
acts and omissions with respect to it count as your acts and
omissions.
22.Spam
You must never use your domain name, or allow anyone else to use it,
to send unsolicited commercial email.
23.Personal information
Our
privacy statement and privacy policy are located at:
http://www.planetdomain.com/privacy_popup.jsp
respectively.
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You
must provide us with all the information we request in a
'compulsory' field of a service application. If you do not, we
may not be able to provide the service.
You:
warrant that all information that you provide to us is complete,
accurate and up to date; and
must promptly notify us if any of it changes.
It
is a registry requirement that information submitted to a registry
operator is true, accurate and that you keep it up to date.
We
may use any information that we hold about you as part of the
normal registries and databases we produce for the purpose of
running our service or our business.
We
may disclose any information that we hold about you to ICANN and /
or a registry operator if they request it.
We
may disclose any information that we hold about you to a third
party who helps us to operate our service or our business (e.g.
outsourced service provider). We will not permit such a third
party to use the information for any purpose that we may not use it
for.
24.Applicable law
Except where the laws of another jurisdiction are mandatorily
applicable, these terms are to be construed in accordance with the
law of the State of Victoria, Australia. The parties submit to the
non-exclusive jurisdiction of the courts of that State and also of
the courts having jurisdiction at the place of your address as shown
for the registration of the domain name in our Whois database at the
time relevant proceedings are commenced.
25.Entire agreement
These terms represent the entire agreement between us and you.
Together, they supersede all prior agreements, arrangements and
undertakings between the parties.
26.Waiver
A
waiver by us of a provision or right under this agreement is
binding on it only if it is given in writing and signed by our
authorised officer.
A
waiver is effective only in the specific instance and for the
specific purpose for which it is given.
Failure
by us to exercise or delay in exercising a right under this
agreement does not prevent our exercise or operate as a waiver.
27.Relationship
The relationship of the parties is that of service provider and
customer and not joint venturers, licensee and licensor, equity
partners or principal and agent.
28.Further
assurance
You must promptly at our request execute and deliver such further
documents and do such further acts as are reasonably necessary to
give full effect to your obligations under these terms.
29.Releases and indemnities
This
clause is in addition to any other release or indemnity that you
give us under these terms.
You
indemnify us against any dispute between you and a third party with
respect to a domain name, its registration, ownership, transfer,
cancellation or use.
You
must indemnify, defend and hold harmless:
in all cases: us;
in relation to a gTLD: Verisign, Inc;
in relation to a dotbiz: NeuLevel, Inc;
in relation to a dotinfo: Afilias Limited;
in relation to a dotorg: Public Interest Registry; and
in relation to any other domain name: its registry operator (e.g.
Neustar for a .us domain name, CentralNIC for .us.com, .eu.com and
.uk.co domain names, and AusRegistry as applicable) -
and all directors, officers, employees, agents, and affiliates of any
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 your domain name registration or your
use of a domain name.
You
release, indemnify and hold us harmless from all liabilities,
claims, damages, costs and expenses of third parties relating to or
arising under these terms or your use of our services.
Each
indemnity and release you give us or anyone else under these terms
survives the termination or expiration of any registration
agreement.
30.Limitation of liability
Some laws - particularly the Trade Practices Act 1974 -
may give you rights and remedies that cannot be changed or excluded
by these terms. These terms are subject to those laws, and must
be read and understood subject to them.
Nothing in these terms excludes, restricts or modifies any
condition, warranty, right or remedy implied or imposed by any law
if it cannot lawfully be excluded, restricted or modified.
If we supply you with goods or services that are of a kind
ordinarily acquired for domestic, personal or household use, you
have certain rights under the Trade Practices Act 1974 that
these terms cannot change or exclude. But in any case where we are
allowed to limit it, our liability for such breaches is limited, at
our choice to:
in the case
of goods:
replacing
the goods or supplying equivalent goods;
repairing
the goods;
paying for
the cost of replacing the goods or buying equivalent goods; or
paying for
the cost of repairing the goods, and
in the case
of services:
supplying
the services again, or
paying for
the cost of supplying the services again.
Subject to
clauses 30, 30 and 30 and to the extent permitted by law:
all express
or implied representations, conditions, warranties and remedies
relating to our services are excluded;
we are not
liable for any indirect, special, economic or consequential loss
or damage or loss of revenue, profits, goodwill, bargain or
opportunities or loss of anticipated savings that you incur or
suffer in any way, whether:
we caused
it by our negligence; or
we knew or
should have known of the possibility of such loss or damage; and
our maximum
aggregate liability, whether for breach of these terms or in
negligence or in any other tort or for any other common law or
statutory cause of action or otherwise is the amount you paid to
us for our services during the 30 day period immediately before
the time your cause of action arose (but this does not apply in
the case of a claim that we have caused injury to or the death of
any person).
31.Termination
If you are in
breach of these terms or any registry requirement we may give you a
notice identifying the breach and requiring that you remedy it
within five days.
If you do not
comply with our breach notice, we may cancel the registration of
any domain name that the breach relates to.
If we give a
breach notice, we may suspend services to you, including procuring
suspension of any domain name that the notice relates to, until the
breach is remedied or the registration is cancelled.
You release
us from any claim arising from anything we do under this clause.
32.Right to deny, cancel, suspend or transfer
domain name or other services
In addition
to any other options, we may, in our discretion, without notice,
refuse to register, or cancel, suspend or transfer any domain name
or other service if we believe it is necessary to protect the
integrity or stability of the registry, to comply with any
applicable laws, lawful requests from a law enforcement agency, any
applicable dispute resolution process, or to protect the name
pending resolution of a dispute or to avoid any liability, civil or
criminal, on our part.
We may
maintain a suspension under this clause until we are satisfied that
the allegation is not valid.
If a
suspension continues for 30 days, we may terminate the registration
at our discretion.
You release
us from any claim arising from anything we do under this clause.
33.Authority from registrant
We may act on
instructions apparently from a person who appears to us to be the
registrant or a person acting under the authority of the
registrant, without being under any obligation to do so if we have
actual notice that there is a dispute as to the authority of that
person. In addition to any other options, we may, without being
obliged to do so, suspend or place on registrar lock and/or hold a
domain name in respect of which there is a dispute as to the
authority of any person in relation to that name.
You release
us from any claim arising from anything we do under this clause.
34.Notices
We can give
you any notice or communication:
by emailing
the notice (or a hyperlink to a web page that contains the notice)
to the most recent email address you supply to us;
by fax to
the most recent fax number you supply to us;
by ordinary
mail or hand delivery to the most recent postal address you supply
to us, or (if you are a company) to your registered office;
by hand
delivery to you; or
in any other
way permitted by law.
Any notice or
other communication that we send you is deemed to have been
received by you as follows:
if it (or a
hyperlink to it) is emailed: one hour after it leaves our mail
server;
if it is
faxed: when our fax machine issues a successful delivery record;
if it is
mailed: at 10 a.m. on the second business day after posting;
if it is
hand delivered to you or your postal address or (if you are a
company) your registered office: at the time of delivery;
if it is
delivered in another way permitted by law: at the time when it
would have been delivered in the normal course of that way of
delivery.
A notice from
us need not be signed.
35.Amending these terms
We may amend
these terms by publishing the amendments on our web site.
Amended terms
take effect when they are published, unless they specify a later
time or date.
We may amend
these terms with retrospective effect in response to any illegal or
antisocial conduct that is taking place or seems likely.
New and
amended registry requirements take effect as indicated by clause 6.
Otherwise,
amendments only apply after they are published.
36.Matters beyond our
control
We are not responsible for any delay in performing or failure to
perform an obligation to you as a result of any matter beyond our
reasonable control.
37.gTLD terms Global Top Level
Domains CLAUSES 38 TO 61
The
following clauses 38 to 61 apply only with respect to Global Top
Level Domains.
Clauses
43 to 51 only apply to dotbiz gTLDs.
Clauses
55 to 61 only apply to dotinfo gTLDs.
38.Transfer
You may not effect a transfer of a gTLD domain name within 60 days
after you:
first
register it; or
acquire
it by transfer.
39.Registrar transfer-out
This
clause is subject to clause 38.
We
may decline to effect a registrar transfer-out of a gTLD if:
you owe us any money;
you appear to be insolvent;
there is a dispute over the domain name; or
there is some other reason that we consider sufficient.
Otherwise,
you may effect a registrar transfer-out of a gTLD in accordance
with our Policy for Transfer to another Registrar and Procedure for
Transfer to another Registrar.
40.Disputes over gTLD domain names
It
is a registry requirement that you submit to ICANN's Uniform
Domain Name Dispute Resolution Policy as published from time to
time.
You
must comply with that policy.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with that policy.
41.Other
registry requirements for gTLD domain names
Other
registry requirements for gTLD domain names include:
any requirements published by an applicable registry operator -
and you acknowledge that your domain name licence is subject to these
and any other registry requirements.
You
must comply with those requirements.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with those requirements.
42.Dotbiz special terms CLAUSES 43 TO 51 APPLY TO dotbiz gTLDs
Clauses 43 to 51 only apply to dotbiz gTLDs.
43.Limitation on use of dotbiz
domain names
Dotbiz
domain names may be used or intended to be used primarily for bona
fide business or commercial purposes.
'Bona fide business or commercial use'
- in these terms or in the dotbiz Registration Restrictions
('Restrictions') - means 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:
to exchange goods, services, or property of any kind;
in the ordinary course of trade or business; or
to facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or
business -
but 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.
44.Warranty
You
hereby warrant and certify to us and to NeuLevel, Inc that to the
best of your knowledge, regarding a dotbiz domain name that you
register:
it
will be used primarily for bona fide business or commercial
purposes and not:
exclusively for personal use; or
solely for the purposes of
selling, trading or leasing the domain name for compensation, or
the unsolicited offering to sell, trade or lease the domain name
for compensation.
you
have the authority to enter into a registration agreement; and
the
domain name is reasonably related to your business or intended
commercial purpose at the time of registration.
45.Registrar transfer in and registrar transfer out
A
registrar transfer in or registrar transfer out of a dotbiz domain
name is subject to the Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That
policy is a registry requirement.
An
effect of that policy is that you will be prohibited from a
registrar transfer out during the first 60 days after initial
registration of the domain name with us. Beginning on the 61st day
after the initial registration with us, the procedures registrar
transfer out set forth in the above policy apply.
46.Provision of registration data
You
must provide us with certain information and update this
information to keep it current, complete and accurate. This
information includes:
your full name, postal address, e-mail address, voice telephone
number, and fax number if available;
the name of an authorized person for contact purposes in the case
of a registrant that is an organization, association, or
corporation;
the IP addresses of the primary nameserver and any secondary
nameserver(s) for the domain name;
the corresponding names of those nameservers;
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for
the domain name;
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact
for the domain name;
the name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the domain
name; and
any remark concerning the registered domain name that should
appear in the Whois directory.
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 website.
47.Inaccurate or unreliable data
You
warrant and represent to us and to NeuLevel, Inc 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.
If:
you provide inaccurate or unreliable information;
you fail to promptly update information provided to us;
you fail to respond for over five calendar days to our inquiries
(or those of NeuLevel, Inc) addressed to the e-mail address of the
administrative, billing or technical contact then appearing in the
Whois directory with respect to a 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 -
you have breached of your registration agreement.
Any
information we collect concerning an identified or identifiable
natural person ('Personal Data') may be used in connection with
the registration of domain name(s) or for the purposes of the
registration agreement or as required or permitted by the ICANN
Agreement or any ICANN/Registry Policy.
48.Reservation of certain rights
We
and NeuLevel, Inc each expressly reserve the right to deny, cancel
or transfer any dotbiz registration as we deem necessary, in our
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 us and /
or NeuLevel, Inc, or their affiliates, subsidiaries, officers,
directors and employees.
We
and NeuLevel, Inc each also reserve the right to suspend a dotbiz
domain name during resolution of a dispute.
49.Disputes over dotbiz domain names
It
is a registry requirement that you submit to ICANN's Uniform
Domain Name Dispute Resolution Policy as published from time to
time.
You
must comply with that policy.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with that policy.
50.Other disputes involving dotbiz
domain names
It
is a registry requirement that you submit to the following policies
as published from time to time:
the Start-up Trademark Opposition Policy ('STOP'), at
www.neulevel.com/countdown/stop.html; and
the Restrictions Dispute Resolution Criteria and Rules, at
www.neulevel.com/countdown/rdrp.html.
You
must comply with those policies.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with those policies.
51.Other
registry requirements for dotbiz domain names
Other registry requirements for dotbiz domain names include:
the
ICANN policies and agreements referred to above;
any
ICANN-mandated requirements and consensus policies as amended at
any time;
ICANN
standards, policies, procedures, and practices for which NeuLevel,
Inc has monitoring responsibility in accordance with its Registry
Agreement or other arrangement with ICANN; and
operational
standards, policies, procedures, and practices for the dotbiz
Registry TLD as established, added to or amended from time to time
by NeuLevel, Inc;
NeuLevel,
Inc's operational standards, policies, procedures, and practices
for its IP Claim service;
compliance
with applicable statutes and regulations limiting the domain names
that may be registered -
and you acknowledge that your domain name licence is subject to these
and any other registry requirements.
52.Dotorg
special terms CLAUSES 53 TO 54 APPLY TO dotorg gTLDs
Clauses 53 to 54 only apply to dotorg gTLDs.
53.Registry
requirements for dotorg domain names include:
all
applicable ICANN policies and agreements;
any
ICANN-mandated requirements and consensus policies as amended at
any time;
ICANN
standards, policies, procedures, and practices for which Public
Interest Registry has monitoring responsibility in accordance with
its Registry Agreement or other arrangement with ICANN; and
operational
standards, policies, procedures, and practices for the dotorg
Registry TLD as established, added to or amended from time to time
by Public Interest Registry;
compliance
with applicable statutes and regulations limiting the domain names
that may be registered -
and you acknowledge that your domain name licence is subject to these
and any other registry requirements.
54.Registrar
transfer in and registrar transfer out
A
registrar transfer in or registrar transfer out of a dotorg domain
name is subject to the Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That
policy is a registry requirement.
An
effect of that policy is that you will be prohibited from a
registrar transfer out during the first 60 days after initial
registration of the domain name with us. Beginning on the 61st day
after the initial registration with us, the procedures registrar
transfer out set forth in the above policy apply.
55.Dotinfo
special terms CLAUSES 56 TO 61 APPLY TO dotinfo gTLDs
Clauses 56 to 61 only apply to dotinfo gTLDs.
56.Personal
information
You
consent to the use, copying, distribution, publication,
modification, and other processing of the your personal information
that we hold by Afilias Limited, and its designees and agents in a
manner consistent with the purposes specified pursuant in its
contract with ICANN, available at http://www.icann.org/tlds/
You
also consent to the use, copying, distribution, publication,
modification and other processing of your personal data by Afilias
Limited and its designees and agents.
You
must immediately correct and update the registration information
for any domain name during its licence period, and failure to
correct this information shall constitute a breach of your
registration agreement.
57.Disputes over dotinfo domain
names
It
is a registry requirement that you submit to ICANN's Uniform
Domain Name Dispute Resolution Policy as published from time to
time.
You
must comply with that policy.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with that policy.
58.Other matters involving dotinfo
domain names
It
is a registry requirement that you comply with the requirements set
forth by Afilias Limited for domain names registered during the
Sunrise Period (an explanation of which can be found at
http://www.afilias.info/faq/sunrise.html), including the mandatory
Sunrise Dispute Resolution Policy, available at
http://www.afilias.info/faq/sunrise-challenge.html . These policies
are subject to modification by the registry operator.
You
must comply with those requirements and policies.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with those requirements and
policies.
59.Further rights of dotinfo
registry operator
You
acknowledge that Afilias Limited 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
(an explanation of which can be found at
http://www.afilias.info/faq/start-up.html), including, without
limitation: (a) your ability or inability 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.
We
and Afilias Limited expressly reserve the right to deny, cancel or
transfer any registration that we deem necessary, in our
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 us and/or Afilias Limited as well
as the affiliates, subsidiaries, officers, directors and employees
of either of us.
We
and Afilias Limited each also reserve the right to suspend a
dotinfo domain name during resolution of a dispute.
60.Other registry requirements for
dotinfo domain names
Other registry requirements for dotinfo domain names include:
all
applicable ICANN policies and agreements;
any
ICANN-mandated requirements and consensus policies as amended at
any time;
ICANN
standards, policies, procedures, and practices for which Afilias
Limited has monitoring responsibility in accordance with its
Registry Agreement or other arrangement with ICANN; and
operational
standards, policies, procedures, and practices for the dotinfo
Registry TLD as established, added to or amended from time to time
by Afilias Limited;
compliance
with applicable statutes and regulations limiting the domain names
that may be registered -
and you acknowledge that your domain name licence is subject to these
and any other registry requirements.
61.Registrar
transfer in and registrar transfer out
A
registrar transfer in or registrar transfer out of a dotinfo domain
name is subject to the Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That
policy is a registry requirement.
An
effect of that policy is that you will be prohibited from a
registrar transfer out during the first 60 days after initial
registration of the domain name with us. Beginning on the 61st day
after the initial registration with us, the procedures registrar
transfer out set forth in the above policy apply.
62.Australian
domain names CLAUSES 63 TO 77 APPLY TO .au domain names
Clauses 63 to 77 only apply to domain names that
end in .au
63.Limited
agency
We act as agent for auDA for the sole
purpose, but only to the extent necessary, to enable auDA to
receive the benefit of rights and covenants conferred on it under
these terms (auDA terms).
In relation to the auDA terms only, 'we' or 'us' means
'PlanetDomain Pty Ltd ACN 122 194 745 and auDA
jointly and severally'.
64.Registry requirements
There
are registry requirements for a domain name that ends in .au
including:
auDA's published policies;
the .au Dispute Resolution Policy (auDRP), and such other dispute
resolution policy which auDA may adopt from time to time; and
any requirements published by an applicable registry operator.
You
must comply with those requirements and policies.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with those requirements and
policies.
65.Summary of terms and conditions
The following is a summary of these terms and conditions, but does
not limit the operation of the full terms and conditions in any way.
If
your application for a domain name is accepted and approved, you
will be granted a two year domain name licence for that domain
name.
You
are required to make several statements to us in relation to your
domain name application - please read them carefully to ensure that
those statements are correct.
You
are entitled to transfer your domain name registration to another
registrar, and we will facilitate such transfer for you according
to our obligations under auDA's published policies.
You
are bound by the .au Dispute Resolution Policy (auDRP) in relation
to your registered domain name, as well as such other dispute
resolution policy which may be adopted by auDA from time to time.
You
accept that our liability to you under these terms and conditions
is limited.
66.General
You are bound by these terms, even if you have entered into this
document through an agent, and even if you licence the use of the
domain name to another person.
67.Domain
name application and registration
Your
application for a domain name must be in the form prescribed under
the published policies. The domain name must comply with the
published policies.
You
accept that even if we have accepted and approved your domain name
application, the application may still be rejected by the registry
operator in performing its final integrity checks. Any approval we
give you prior to that is conditional and preliminary only.
You
accept that neither you, nor we, have any proprietary right arising
from the registered domain name, or the entry of a domain name in
the domain names registry.
All
personal information pertaining to you is held by auDA for the
benefit of the Australian public.
68.Domain
name licence
Your
domain name licence will be effective for a two year period, once:
your application is accepted and approved by us and by the
registry operator, and
you have paid the applicable fees, unless it is cancelled earlier
under these terms or under any published policies.
Your
domain name licence may be renewed every two years, as long as you:
pay the applicable renewal fees, and
continue to meet the eligibility criteria prescribed in the
published policies.
You
accept that it is your responsibility to ensure that your domain
name licence is renewed.
You
may cancel your domain name licence at any time by notifying us in
writing.
We
may cancel your domain name licence if you breach any provision of
these terms.
69.Your
statement to us
You
confirm and state to us and to auDA separately that:
all the information set out in your domain name application, and
all information you give us, is true and correct, and not
misleading or deceptive; and
you meet, and continue to meet, the eligibility criteria
prescribed in the published policies for registering the domain
name, and
you have not previously submitted for registration with another
registrar, a domain name which is the same as the domain name, in
circumstances where:
you are relying upon the same eligibility criteria for both
domain names, and
the domain name has previously been rejected by the other
registrar, and
your registration or use of the domain name does not infringe any
person's legal rights.
You
accept that if any of the above statements is found to be
incorrect, then either we or auDA may cancel your Domain Name
Licence.
You
agree to indemnify us and auDA separately for any loss or damage
suffered by us or auDA as a result of any of us relying upon your
above statements.
70.Our
obligations to you
Once
your domain name application is accepted and finally approved, we
will cause your domain name details to be entered in the domain
names registry.
We
will give you immediate notice if:
we are no longer an accredited registrar; or
our auDA Accreditation is suspended or terminated; or
our registrar agreement with auDA is terminated by auDA.
auDA
may post notice of:
the fact that we are no longer an accredited registrar; or
the suspension or termination of our auDA Accreditation; or
the termination of our registrar agreement with auDA -
on its web site, and may, if it considers appropriate, give such
notice to you directly.
71.Your
obligations to us
Throughout
the period of your domain name licence, you must:
comply with the published policies, and
give notice to the registry operator (through us) of any change to
any information which you have given us.
You
must not, directly or indirectly, through registration or use of
the domain name or otherwise:
register a domain name for the purpose of selling it, or
register a domain name for the purpose of diverting trade from
another business or web site, or
deliberately register misspellings of another entity's company or
brand name in order to trade on the reputation of another entity's
goodwill, or
register a domain name and then passively hold a domain name
licence for the purpose of preventing another person from
registering it.
You
must not:
transfer or purport to transfer a proprietary right in any domain
name registration, or
grant or purport to grant a registered domain name as security, or
encumber or purport to encumber a domain name licence.
72.Use of
your information
You authorise:
auDA,
to publicly disclose to third parties, all information relation to
the registered domain name in accordance with the published
policies;
us,
to disclose to the registry operator, all information which are
reasonably required by the registry operator in order to register
the domain name in the domain names registry;
the
registry operator, to publicly disclose to third parties, all
information relation to the registered domain name to enable the
registry operator to maintain a public WHOIS service, provided that
such disclosure is consistent with the National Privacy Principles,
and the published policies.
73.Dispute
resolution
auDA
has in place a dispute resolution called the auDRP (which stands
for .au Dispute Resolution Policy), which applies in the event of a
dispute between a registrar and a domain name licence holder, or
between a domain name licence holder and a third party, in relation
to entitlements to domain names.
The
auDRP binds you and us as if it were incorporated in these terms.
You
accept that:
auDA may develop and implement other dispute resolution policies
which are accessible by you as an alternative and further to any
complaints handling procedure adopted by us; and
such policies bind you and us as if they were incorporated in
these terms; and
all such policies are registry requirements.
74.Transfer
of registrars
We
will ensure that you can easily effect a registrar transfer-out in
accordance with the published policies. The published policies will
address such matters as:
the maximum fees which we can charge you for such transfer,
when we are not allowed to charge you fees,
the conditions under which we must transfer the registered domain
name, and
the conditions under which we are entitled not to transfer the
registered the domain name.
If:
we are no longer an accredited registrar, or
our auDA Accreditation is suspended or terminated, or
our registrar agreement with auDA is terminated by auDA -
then we will transfer the registered domain name to a new registrar
in accordance with the published policies within 30 days of a written
notice being provided to you by auDA.
If
our registrar agreement with auDA is terminated, we will not charge
you any fee for the transfer of the registered Domain Name to
another registrar.
75.Limitation
of liability
You
must not pursue any claim against auDA or against us, and neither
auDA nor we are liable to you for any direct, indirect, special,
punitive, exemplary or consequential damages, including but not
limited to damages resulting from loss of use, lost profits, lost
business revenue or third parties damages, arising from any breach
by us of our obligations under these terms, or under our registrar
agreement with auDA.
You
accept and agree that if we have any outstanding fees owing to
auDA, which gives auDA a right to terminate our registrar agreement
with auDA, then auDA may in its sole discretion terminate the
registrar agreement.
You
accept and agree that neither auDA nor we are responsible for the
use of any domain name in the domain names registry, and that auDA
is not responsible for any conflict or dispute with any actual or
threatened claim against a registrar or a domain name licence
holder, including one relating to registered or unregistered
trademark, a corporate, business or other trade-name, rights
relating to a name or other identifying indicium or of an
individual or other intellectual property rights of a third party
or relating to the defamation or unlawful discrimination with
respect to any other person.
Despite
any other provision of these terms, and to the fullest extent
permitted by law, neither auDA nor we are liable to you for
consequential, indirect or special losses or damages of any kind
(including without limitation, loss of profit, loss or corruption
of data, business interruption or indirect loss) suffered by you as
a result of any act or omission whatsoever of auDA or us, and our
respective employees, agents, or sub-contractors.
Nothing
in these terms is to be read as excluding, restricting or modifying
the application of any legislation which by law cannot be excluded,
restricted or modified.
76.General
In
these terms:
a reference to this or other document includes the document as
varied or replaced regardless of any change in the identity of the
parties;
a reference to writing includes all modes of representing or
reproducing words in a legible, permanent and visible form;
headings and sub-headings are inserted for ease of reference only
and do not affect the interpretation of this document; and
where an expression is defined, another part of speech or
grammatical form of that expression has a corresponding meaning.
All
previous agreements, statements, explanations and commitments,
expressed or implied, affecting the subject matter of these terms
are superseded by these terms and have no effect
If
a provision in these terms is held to be illegal, invalid, void,
voidable or unenforceable, that provision must be read down to the
extent necessary, or severed if necessary, to ensure that it is not
illegal, invalid, void, voidable or unenforceable.
These
terms are governed by and is to be construed in accordance with the
laws of Victoria, Australia. Each party irrevocably and
unconditionally submits to the non-exclusive jurisdiction of the
courts of Victoria, Australia and waives any right to object to
proceedings being brought in those courts.
77.Your
warranties, etc.
You:
warrant
that all the information contained in your application for a domain
name licence, and all supporting documents provided to us, are true
and accurate to the best of your knowledge;
warrant
that you satisfy auDA's policies, rules and all registry
requirements;
permit
us to contact third parties, investigate, request and obtain
additional information and documentation, and otherwise verify the
information contained in your application; and
waive
liability on our part for our actions in verifying the information
provided in your application, and on the part of any third parties
who provide truthful, material, relevant information about you;
waive
liability on our part if your application is accepted or rejected
on the basis of any false or misleading information;
acknowledge
that if your application is accepted on the basis of any false or
misleading information, we and auDA reserve the right to cancel
your domain name licence at any time; and
acknowledge
that your entitlement to a domain name may be challenged by a third
party with legitimate rights in the domain name.
78.UK
DOMAIN NAMES CLAUSES 79 TO 80 ONLY APPLY
Clauses 79 to 80 only apply to domain names that
end in .uk
79.Registry
requirements - contract with Nominet UK
There
are registry requirements for a domain name that ends in .uk that:
you enter a separate contract with Nominet UK (company number
3203859) on the terms at www.nominet.org.uk/registrants/legal/terms/; and
You must enter that contract and comply with the contract and those policies.
You warrant to us that you have accepted the terms of the contract.
You release us from any claim that arises from anything we do, or anything that happens,
in accordance with that contract and those policies.
80.Acting
as your agent with Nominet UK
You release us from and indemnify us against any claim, harm, loss or
damage that you may suffer or incur in connection with our acting as
your agent for the purposes of your contract with Nominet UK, whether
arising out of breach of contract, negligence, breach of fiduciary
duty or howsoever otherwise.
81.EUROPEAN
DOMAIN NAMES CLAUSES 82 TO 84 APPLY
Clauses 82 to 84 only apply to European domain
names.
82.Registry
requirements
There
are registry requirements for European domain names that:
you must submit to the terms of use and registry requirements of
their respective registries; and
you must submit to the terms and requirements of WebWide Internet
Communication GmbH.
You
must submit to and comply with those terms and requirements.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with those terms and
requirements.
83.Application of gTLD terms
The use of European domain names is governed by the general terms of
use listed above that apply to gTLDs.
84.Redelegation
Fees
European domain names may be subject to fees for redelegation.
85.CANADIAN
DOMAIN NAME SPECIAL TERMS CLAUSE 86 APPLIES
Clause 86 only applies to domain names that end in
.ca
86.Registry
requirements - contract with World Domain Registry, Inc
There
are registry requirements for a domain name that ends in .ca that:
you enter a separate contract with World Domain Registry, Inc;
you submit to and comply with all CIRA Policies, Rules,
Procedures, and Agreements, Dispute Resolution Process documents
at www.cira.ca/en/officials.html.
You
must enter that contract and comply with the contract and those
policies, procedures and agreements.
You
warrant to us that you have accepted the terms of the contract.
You
release us from any claim that arises from anything we do, or
anything that happens, in accordance with that contract and those
policies, procedures and agreements.
Clauses 87-101 apply only to New Zealand domain names that end in .nz
88.Our obligations (New Zealand domain names (.nz))
We agree that we will:
comply with all .nz policies and accurately represent these to you;
disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain
name sought to be used by you, including price and billing information;
comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration,
cancellation, amendment, deletion, and associated technical support and billing);
process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to
complete a registration if it is within our advertised business hours of 9:00 am.- 5:00 pm Monday-Friday, and otherwise within 48
hours;
notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact
details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
arrange for correction of any error in the information in the register about any domain name registered to you when requested;
provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when
requested and for no charge;
use your personal information only as authorised by you;
take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
comply with any order of any authority having jurisdiction regarding any domain name registered to you;
use our best endeavours to deal with any complaints you may have about the services we provide for you.
89.Your obligations (New Zealand domain names (.nz))
You agree that you will:
comply
with the .nz policies. You agree that you have read and understood
the current policies;
make
sure all information you give us is accurate and complete, keep us
informed of changes to any information you give us, and that you
have the authority to enter into this agreement;
keep
the unique authentication ID for your domain name and any other
security information that we give to you confidential, safe and
secure;
satisfy
yourself that your use of a domain name will not infringe anybody's
intellectual property rights and protect us, and everybody we are
in any business relationship with to provide services to you, from
any such claim;
ensure
that you only use our services for a lawful purpose;
ensure
that the use of any domain name registered to you does not
interfere with other users of the Internet;
ensure
that any order of any authority having jurisdiction regarding any
domain name registered to you is complied with;
protect
us, and everybody we have a business relationship with, against any
legal action taken against us because of the receipt or use of our
services by you or someone you are responsible for, including
reliance by us or anybody we have a business relationship with, on
information supplied by you.
Duties of Other Persons 89.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
90.Registration of a Domain Name
(New Zealand domain names (.nz))
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
that the
following information becomes available to any member of the
public:
your
name,
your
contact details and
the
domain name, its commencement and expiry dates and addresses/details
of the name servers for it, and our name.
the
domain name is registered in your name only because no other person
has it according to the records of the register; and
neither
we nor anybody else is representing anything else to anybody
regarding that domain name. The entry of a domain name in the "who
is" database shall not be taken as evidence of anything other
than such registration; and
that
you protect us and everybody we have a business relationship with
to provide services to you, from any claim arising out of the
domain name being registered in your name or as you direct.
91.Registrar is the Record (New
Zealand domain names (.nz))
For
all purposes the details shown in the register shall be treated as
correct and the authoritative record.
92.Payment of Fees (New Zealand domain names (.nz))
You
agree to pay for the services we provide for you.
If
you transfer a domain name registered to you to another registrant
or to be managed by another registrar, all charges owing to us
shall become immediately due and payable on the date of that
transfer.
We
may alter our fees from time to time. When we alter them we will
send you notice of the alteration 30 days before the new fee takes
effect.
Our
usual fees are for domain name registration. We may also charge for
web hosting, email and other services provided by us. We will tell
you before any additional charge is incurred.
Our
prices are stated in Australian dollars and include GST, if
applicable.
93. Suspension And Refusal of Services (New Zealand domain names (.nz))
If you do not pay our charges for a domain name registered to you we may cancel registration of that domain name or refuse to provide a service you request.
94.Cancellation of a Domain Name (New Zealand domain names (.nz))
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that
registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
95.Exclusion of Liability (New Zealand domain names (.nz))
We exclude all liability we may have to you for any claim except
where we have acted in bad faith. This exclusion also applies for the
benefit of:
InternetNZ, the registry and any other entity we are in any business relationship with;
every officer, employee, contractor, agent of us or any entity in the previous sub clause;
anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for
anything else in connection with or resulting from anything any of us
does or does not do, or delays in doing, whether or not it is
contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever
way liability might arise.
This exclusion does not prevent you getting a court order requiring
us to do anything we have agreed to do for you and does not limit any
rights you may have under the Consumer Guarantees Act 1993.
96.Limitation of our Liability (New
Zealand domain names (.nz))
We have excluded all other liability we or any of the persons
specified in clause 95 may have to you. If
any
of those persons is ever liable to you and, for any reason, cannot
rely on the exclusion of liability
set
out in clause 95 then this clause applies.
Where
this clause applies, the maximum combined amount the persons
specified above (together) will
have
to pay you and anyone else who uses the services we provide for you
(together) is the amount of
the
last month's fee paid by you under this agreement
97.Law and Jurisdiction (New Zealand domain names (.nz))
Unless we otherwise agree in writing, this agreement contains all the
terms of our relationship and continues to apply no matter where you
are located at the time any of the services are provided or where you
reside. This will be the case until this agreement is cancelled
except to the extent the following clause headed 'Rights and
Responsibilities that Continueâ' says otherwise.
To the extent legally permitted:
all
our services are provided under New Zealand law;
any
claim or dispute arising out of or in connection with this
agreement must be instituted within 60 days from the date the
relevant service was supplied to you;
except
as otherwise stated, you may take action against us only in a New
Zealand court;
where
you or any registrant for whom you act supplies incorrect
information regarding a domain name and we incur cost in any matter
concerning that name then we may recover the costs incurred by us
from you.
98.Cancelling the Agreement (New Zealand domain names (.nz))
We
may cancel or suspend this agreement by giving you one month's
notice if you do not meet your duties to us.
We
may end the agreement for any other reason by giving you one
month's notice.
99.More Than One Person (New Zealand domain names (.nz))
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you
have permitted those persons to act for you.
100.Each Clause Separately Binding (New Zealand domain names (.nz))
Each clause of the agreement you have with us is separately binding. If
for any reason we, you, or any of the persons specified in clause 95 cannot rely on any clause, all other clauses of it are binding.
101. Rights and Responsibilities that Continue (New Zealand domain names (.nz))
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 89,
91 - 97, 99 - 100 and this clause 101.
1. Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed
2. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results in response to a search request.
103.Custom Website(Custom Website Services)
If you need to add any further pages it will be billed at a rate of $ 75 per page.
Please discuss any additional functionality with your sales manager before the starting the project.
Design will only start after the payment has been received.
Logo design is not included within the project's scope.
Royalty free images will be used, unless you provide us with your own.
The project will take between 7 to 10 working days once the Custom Website Briefing Form has been complete by the client.
Please make sure all information is emailed to us and NOT faxed or sent via post.
104.Dot Asia
Use of Personal Data by DotAsia Organisation Limited
You consent to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.
Timely Update of Information
You agree to correct and update the registration information for the Registered Name immediately during the registration term for the Registere Name.
Compliance with Registry and ICANN Policies
In addition to the complying with the Registrar's policies, you agree to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
You agree to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited ("Registry Policies "). You acknowledge that Registry Policies are applicable to all registrars and/or registered name holders/registrants*. Any changes of the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar.
You agree to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
Dispute Resolution
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP").
You agree to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
Charter Eligibility Declaration Contact's Joint Responsibility
You acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement.
The Registered Name Holder/Registrant acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder/Registrant acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
Indemnity Given to Registry Operator
You agree to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.
Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
DotAsia Organisation Limited's Reservation of Rights
You acknowledge and agree that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate 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 DotAsia Organisation Limited as well as 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 DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
DotAsia Organisation Limited as Intended Third-Party Beneficiary
Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to Planetdomain Pty Ltd being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.
Conflict between this Section with Other Sections of Registration Agreement You acknowledge that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
105.Dot Mobi / .MOBI Appendix
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and
agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or
relating to the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or
expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and
agents or 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 the Registered Name Holder's domain name registration and or use, and indemnification obligation
survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreementto the contrary, mTLD Top Level Domain Ltd. ("dotMobi"), the Registry
Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary
rights under this Agreement in agreeing to PlanetDomain Pty Ltd being a registrar for the .mobi top-level domain. Additionally, the third party
beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in
accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry
Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry
Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory
local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, 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 , and further to acknowledge that Registry Operator and the Registry Service
Provider 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. (3.8.7)
Acknowledge and agree that the Registry and Registry Services 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 as its affiliates, subsidiaries, officers, directors, representatives, employees,