Summary of Terms and Conditions
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 are limited.
- Definitions
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.
We, our or us refer to Aust Domains
International Pty Lty, trading as Aust Domains the registrar
of record for your Domain Name Licence.
You or your refer to the person applying
for, or the holder of, a Domain Name Licence.
- General
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.
- Domain
Name Application and Registration
3.1 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.
3.2 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.
3.3 The Registrant makes the warranties set out in auDA's
Registrant Warranties Policy (2005-03, and any other policy
introduced by auDA in substitution, replacement or amendment
to that policy). The warranties include, without limitation,
that all information supplied to the registrar for the
registration of the domain name are true, complete and
correct. The Registrant accepts that auDA or the registrar
can cancel the registration of the domain name if any
of the warranties are not true.
3.4 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.
3.5 All personal information pertaining
to you are held by auDA for the benefit of the Australian
public.
- Cancellation Of Service
4.1 An order for domain name registration,
Web hosting, email hosting, search engine optimisation or
Web site construction may be cancelled without charge if
received or acknowledged by Aust Domains in writing within
24 hours of the order being placed.
4.2 If a cancellation is received after
24 hours of the order being placed, no refund will be
payable by Aust Domains. A pro-rata refund may be offered
in Aust Domains' sole discretion, from which an additional
administrative charge of $30 may be deducted.
4.3 If the 24 hour cancellation period
would expire outside Aust Domains' business hours, the
period is extended until 12pm on the next business day
- Domain
Name Licence
5.1 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 the terms of this
- document or under any Published
Policies.
5.2 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.
5.3 You accept that it is your responsibility
to ensure that your Domain Name Licence is
--- renewed.
5.4 You may cancel your Domain Name
Licence at any time by notifying us in writing.
5.5 We may cancel your Domain Name Licence
if you breach any provision of this document.
- Your
Statement to Us
6.1 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,
- are 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.
6.2 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.
6.3 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.
6.4 By applying for an org.au domain,
you warrant that you are a 'not for profit organisation'.
- Our
Obligations to You
7.1 Once your Domain Name application
is accepted and approved, we will cause your Domain Name
details to be entered in the domain names registry.
7.2 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.
7.3 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.
- Your
Obligations to Us
8.1 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.
8.2 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.
8.3 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.
- Use
of Your Information
9.1 You give to:
auDA, the right to publicly disclose to third parties, all
information relating to the registered Domain Name in accordance
with the Published Policies;
9.2 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;
9.3 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.
- WHOIS POLICY
10.1 Some of your personal
information will be disclosed on the WHOIS service referred
to in clause 9.3 above. You are required to promptly notify
us of any changes to the personal information collected
by us from you in order that we may update the WHOIS database
on receipt of new information from you.
10.3 Amongst the information we require
of you as referred to in clause
10.1 is an email address at which you can be contacted
at any time.
This email address will be disclosed on the public WHOIS
service.
10.2 We undertake not to disclose your
street address, telephone or facsimile numbers on the
public WHOIS service.
10.3 We undertake not to use the information
provided to us for purpose of the WHOIS service for purposes
of allowing, enabling or otherwise supporting the transmission
of unsolicited communications to any person, by any means,
making the data available for an automated electronic
query process, or providing bulk access to WHOIS data.
- Dispute
Resolution
11.1 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.
11.2
The auDRP binds you and us severally as if it were incorporated
in this document.
11.3
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.
-
Transfer
of Registrars
12.1
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.
12.2
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.
12.3
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.
- Limitation
of Liabilities
13.1 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.
13.2 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.
13.3 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.
13.4 Despite any other provision of
this document, 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.
13.5 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.
- 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.
-
General
15.1
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.
15.2 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
15.3 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.
15.4 This document is governed by and
is to be construed in accordance with the laws of Western
Australia. Each
party irrevocably and unconditionally submits to the non-exclusive
jurisdiction of the courts of Western Australia and waives
any right to object to proceedings being brought in those
courts.
It is our responsibility, in accordance
with your registration application and subsequent agreement,
to ensure that you satisfy the relevant policy rules for
Australian domain names. To that end, if you are registering
an Australian domain name, you are required to warrant
to us that you satisfy the auDa policyrules.
Therefore, by submitting this form,
you warrant that all the information contained in this
Application Form, and all supporting documents provided
to the Registrar, are true and accurate to the best of
your knowledge and by submitting this form you:
(i). give the Registrar permission to
contact third parties, investigate, request and obtain
additional information and documentation, and otherwise
verify the information contained in this Application Form;
and
(ii). waive liability on the part of
the Registrar for its actions in verifying the information
provided in this Application Form, and on the part of
any third parties who provide truthful, material, relevant
information about you;
(iii). waive liability on the part of
the Registrar if your application is accepted or rejected
on the basis of any false or misleading information contained
in this Application Form;
(iv). acknowledge that if your application
is accepted on the basis of any false or misleading information
contained in this Application Form, auDA reserves the
right to cancel your domain name licence at any time;
and
(v). acknowledge that your entitlement
to a domain name may be challenged by a third party with
legitimate rights in the domain name.
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