The following Terms and Conditions are incorporated in, and apply to, any agreement between NetNames Pty Ltd (ACN 136 470 838) ("NetNames Australia") and a Customer for the supply of domain management services.
1. Unless otherwise indicated, capitalised terms used in these terms and conditions have the meanings given in the NetNames Australia Standard Terms and Conditions available at http://www.netnames.com/policies/.
2. In these terms and conditions:
2.1 Domain Portfolio means all domain names which the Customer has instructed NetNames Australia to manage on behalf of the Customer or owner under the terms of this Agreement.
2.2 ICANN means the Internet Corporation for Assigned Names and Numbers.
2.3 Registrar means an entity authorised by the Registry to register domain names for a particular domain space.
2.4 Registry means the entity authorised to operate the registry for a particular domain space.
2.5 Registration Agreement means the terms and conditions issued by a Registrar or Registry which governs the licensing of domain names to its registrants.
2.6 UDRP means the ‘Uniform Domain-Name Dispute-Resolution Policy’ published by ICANN and any substantially similar policy for the resolution of disputes concerning domain names published by any authority responsible for the administration and management of domain name policy under an agreement with ICANN.
3. The Customer appoints NetNames Australia as its agent for the purpose of agreeing to or accepting on its behalf the terms of any Registration Agreements required for NetNames Australia to supply the Services to the Customer. The Customer must take all steps necessary to ensure that it complies with its obligations under any Registration Agreement agreed to or accepted by NetNames Australia on the Customer’s behalf in supplying the Services under this Agreement, any policy published by any applicable Registry or Registrar and any ICANN requirements. The Customer indemnifies NetNames Australia from and against any damages, losses or expenses suffered or incurred by NetNames Australia as a result of or in connection with its appointment as agent of the Customer.
4. Where the Customer requires NetNames Australia to register, transfer or renew domain names in its Domain Portfolio, NetNames Australia will ensure that such domain names are registered to the Customer by a relevant Registrar or Registry (as required) in the relevant domain space as instructed by the Customer.
5. The Customer acknowledges that, once signed or agreed to by NetNames Australia as agent for the Customer, the Customer will be bound by the Registration Agreements of the relevant Registrar or Registry in respect of those domain names. The Customer acknowledges that a number of these Registration Agreements are located at http://www.webip.com.au/terms-policies/. NetNames Australia will provide the Customer with copies of any other relevant Registration Agreements upon receipt of the Customer’s written request.
6. The Customer represents and warrants to NetNames Australia that:
6.1 none of the domain names in its Domain Portfolio nor any of the domain names that it requests NetNames Australia to register, transfer or renew in its name, infringe the rights of any third party;
6.2 any other entity it has advised NetNames Australia that it acts for, or which owns any domain name in the Domain Portfolio, has authorised the Customer to place its domain names under the management of the Customer as if the Customer were the licensed holder of the relevant domain names; and
6.3 once a domain name is transferred for management by NetNames Australia under this Agreement as part of the Domain Portfolio, that domain name will remain under the management of NetNames Australia until this Agreement is terminated in accordance with its terms.
7. The Customer agrees that:
7.1 to the extent that the Services may include advice, recommendations, monitoring, analysis, reports, advice on UDRP claims or other information provided by NetNames Australia (advice), the Customer is fully responsible for making any decisions in relation to such advice and for its implementation, including any results or consequences of doing so; and
7.2 where NetNames Australia provides any Service involving internet monitoring or audit, NetNames Australia makes no warranty or representation that it will find all information publicly accessible on the internet (including any domain name, brand, trade mark, fraudulent activity or other content infringement monitoring or audit services).