.AU DOMAIN NAMES - REGISTRANT AGREEMENT
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the industry self-regulatory body responsible for administering domain names with the .au suffix.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means 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
Registry Operator means the operator of the domain names registry for the Domain Name.
Registrar, Domain Registration Services, We, our or us refer to Domain Name Registrar (Australia) Pty Limited ACN 102 281 809, the registrar of record for your Domain Name Licence.
Registrant, You or your refer to the person or legal entity applying for, or the holder of, a Domain Name Licence.
You are bound by the terms of this document, 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.
3. DOMAIN NAMES APPLICATIONS AND REGISTRATION
4. DOMAIN NAME LICENCE
- (a) 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.
- (b) 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.
- (c) 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.
- (d) All personal information pertaining to you are held by auDA for the benefit of the Australian public.
5. YOUR WARRANTY TO US
- (a) 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 non-refundable applicable fees,
unless it is cancelled earlier under the terms of this document or under any Published Policies.
- (b) Your Domain Name Licence may be renewed every two years, as long as you:
pay the non-refundable applicable renewal fees, and
continue to meet the eligibility criteria prescribed in the Published Policies.
- (c) You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
- (d) You may cancel your Domain Name Licence at any time by notifying us in writing, but this does not entitle to any refund.
- (e) We may cancel your Domain Name Licence if you breach any provision of this document.
- (f) Once a domain application is approved your liability for fees are final and irrevocably due and non-refundable under any circumstances whatsoever including error, negligence, omissions, transfers and or cancellations.
- (g) If you have acquired this licence through a reseller who does not pay us you are still liable for the Fees for that domain and it is up to you to recover your money from that reseller.
- (h) We will report you and/or your company directors to appropriate credit reference agencies should you fail to pay applicable fees, and any such fees become more then 60 days past due.
The registrant makes, and is taken to have made, the following warranties,
when applying to register or renewal the registration of a domain name:
(a) all information provided to register or renew the registration of
the domain name (including all supporting documents, if any) are true,
complete and correct, and are not misleading in any way, and the application
is made in good faith;
(b) the registrant meets, and will continue to meet, the eligibility
criteria prescribed in auDA's published policies for the domain name for the
duration of the domain name licence;
(c) the registrant has not previously submitted an application to
apply for the same domain name with another registrar using the same
eligibility criteria, and the other registrar has rejected the application;
(d) the registrant is aware that even if the domain name is accepted
for registration, the registrant's entitlement to register the domain name
may be challenged by others who claim to have an entitlement to the domain
(e) the registrant is aware that auDA or the registrar can cancel the
registration of the domain name (that is, the domain name licence) if any of
the warranties set out above is found to be untrue, incomplete, incorrect or
6. OUR OBLIGATIONS TO YOU
7. YOUR OBLIGATIONS TO US
- (c)(a) Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
- (c) 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.
- (d) 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.
8. USE OF YOUR INFORMATION
- (a) 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.
protect the registry keys or other passwords provided to you from unauthorised or fraudulent and accept unconditionally any and all responsibility for any such use.
- (b) 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.
- (c) 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.
You give to:
9. DISPUTE RESOLUTION
- (a) auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
- (b) us, the right 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;
- (c) the Registry Operator, the right 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.
10. TRANSFER OF REGISTRARS
- (a) 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.
- (b) The auDRP binds you and us severally as if it were incorporated in this document.
- (c) 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 severally as if they were incorporated in this document.
11. LIMITATION OF LIABILITIES
- (a) We will ensure that you can easily transfer your Domain Name registration to another registrar 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.
- (b) 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,
The Registrant is responsible for transferring the registered domain name to a new registrar in accordance with the Published Policies within 30 days of written notice being provided to the Registrant by auDA.
- (a) 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 this document, or under our registrar agreement with auDA.
- (b) The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to auDA, entitling auDA to terminate the Registrar Agreement between auDA and the Registrar, auDA may in its sole discretion terminate the Registrar Agreement.
- (c) 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.
- (d) You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data mis-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
(e) Notwithstanding any other provision of this document and to the fullest extent permitted by law, auDA will not be liable to the Registrant 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 costs) suffered by the Registrant as a result of any act or omission whatsoever of auDA, its employees, agents or sub-contractors.Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
13. OUR AGENCY
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document.
- (a) In this document:
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.
- (b) All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
- (c) If a provision in this document 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.
(d) This document is 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.