Domain Name Spaces & Hosting Terms & Conditions

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. INTRODUCTION

These Terms of Service, together with the applicable general Top Level Domain (gTLD) and country code Top Level Domain (ccTLD) Policies constitutes the entire agreement between NetNames Australia and domain name registrant (owner of the registration).

Prior to registration or renewal of a Domain Name, or any other domain management activities, including the transfer of any Domain Name to NetNames Australia as the Registrar of record, NetNames Australia requires you to have accepted these terms and the applicable gTLD and ccTLD Policies.

Following are definitions of terms used in these Terms of Service:

Approved NetNames Australia Provider
An organisation which provides registration services to Registrants upon the terms of a Approved NetNames Australia Corporation Provider contract with NetNames Australia .

Domain Name
Any domain name registered through NetNames Australia as the Registrar of record.

Domain Name Services
Any Domain Name registration, renewal and other services associated with a Domain Name

Email Address
An email address provided by NetNames Australia in accordance with these Terms of Service.

Hosted Website
A Registrant website that is hosted by NetNames Australia in accordance with these Terms of Service.

Registrant
An individual or organisation whose Domain Name is registered with NetNames Australia . A Registrant is also referred to as the Name Holderof the Domain Name.

Register
The central listing of Domain Names managed and maintained by Registry.

Relevant Party
Includes each of the following parties:

NetNames Australia , the Registry and any other entity with whom any of the preceding parties is in a business relationship;
every officer, employee, contractor, agent of any entity specified in paragraph anyone else that NetNames Australia may procure to perform any obligations or duties of NetNames Australia under any agreement you have with NetNames Australia .

Services
Domain Name Services and/or Web and Email Services.

SRS
Shared Registry System. The system used by the Registry to receive and action Domain Name registration applications and other requests.

Web and Email Services
Any web services or email services offered or provided by NetNames Australia in addition to Domain Name Services.

You
The Registrant of the Domain Name.

 

2. YOUR OBLIGATIONS

You agree that:

You have read and understand these Terms of Service and the relevant ccTLD Policies, and agree to be bound by them.

You have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.

You will make sure all information you give NetNames Australia is accurate and complete, keep NetNames Australia informed of changes to any information you give us, and that you have the authority to enter in to this agreement.

You will only use the Services for lawful purposes.

You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.

You will comply with any orders of any authority having jurisdiction in relation to the Services.

All registered Domain Names must be hosted on two pre-configured domain name servers and you are responsible for at all times meeting this obligation.

You will keep the Registrant ID, and any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name (Password Information, confidential, safe and secure. NetNames Australia is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of NetNames Australia ).

You warrant that:

You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation.

Any person or legal entity which uses the Domain Name complies with the obligations set out in clause above.

In respect of a Restricted Domain Name, you meet and will continue to meet for the period of the Restricted Domain Name registration the eligibility criteria contained in the Restriction Policies.

You acknowledge that:

NetNames Australia must adhere to the relevant registry Policies and any instructions received from time to time from the DNC and InternetNZ. Accordingly, you agree that NetNames Australia is entitled to take all actions that may be reasonably necessary or prudent to comply with the relevant ccTLD Policies or any such instructions received from time to time from the registries without incurring any liability to you or any person for whom you are responsible.

 

3. REGISTRATION OF A DOMAIN NAME

You agree that:

Registration of a Domain Name by NetNames Australia is carried out on a “first come, first served” basis.

Registration of a Domain Name confers no property or ownership rights to that Domain Name.

Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the nameservers for the Domain Name and NetNames Australia name becomes publicly available to any member of the public.

The Domain Name is registered in your name only because no other person has it according to the records of the Register.

The entry of a domain name in the whoisdatabase will not be taken as evidence of anything other than the registration of the Domain Name.

NetNames Australia will not become involved (whether directly or indirectly) in any dispute pertaining to the Domain Name and where a conflict arises between Name Holders or prospective Registrants about the Domain Name registration, those parties must resolve the issue independently of NetNames Australia .

The details held in the Register shall be treated as correct and as the authoritative record.

NetNames Australia does not accept any responsibility for the content of a Name Holder website and NetNames Australia shall not be obliged to enforce the removal of content from a website unless it has been instructed by a Court Order to do so.

 

4. WEBIP OBLIGATIONS

When providing any Domain Name Services, NetNames Australia will:

Comply with all relevant ccTLD Policies and accurately represent these Policies to you.

Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.

Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).

Process any Domain Name registrations with the Register within 72 hours from the time that NetNames Australia Corporation receives all the information required to complete the registration.

Notify you of the registration of the Domain Name including the details of the Domain Name, your contact details, NetNames Australia contact details, the registration period and the passwords for the Domain Name.

Arrange for correction of any error in the information in the register about the registered Domain Name when requested by you.

Provide the password for the Domain Name to you, or to someone that NetNames Australia reasonably believes is acting on your behalf, when requested and at no charge. We agree to take reasonable care to satisfy ourselves that you have permitted that person to act on behalf of you.

Use your personal information only as authorised by you and otherwise, in accordance with these Terms of Service.

Take all reasonable commercial steps to safeguard and protect all information about you stored in NetNames Australia databases and systems.

Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.

Use best endeavours to deal with any complaints you may have about the Domain Name Services.

 

5. NetNames Australia WEB, EMAIL & SSL CERTIFICATE SERVICES

If NetNames Australia provides you with Hosting services, you may obtain any Web and Email Service from NetNames Australia in connection with the Domain Name. You agree on your own behalf, and on behalf of the Registrant if you are acting as the agent of the Registrant that the Web and Email Services are not available for Name Holders of Moderated Domain Names.

All SSL Certificates provisioned by NetNames Australia require a minimum of 14 days notice in order to re-issue, cancel or refund any SSL Certificate. In the case of certain SSL Certificates issued, a credit may be provided in place of a refund.

NetNames Australia will endeavour to provide the Web and Email Services with due care and skill, however, NetNames Australia does not guarantee the availability of the Web and Email Services. NetNames Australia will remedy any unavailability of the Web and Email Services as soon as it is able but does not guarantee that any unavailability will be resolved outside NetNames Australia trading hours. In addition, NetNames Australia does not guarantee that any Web and Email Service will be:

1. interruption or fault free or that any faults or errors will be corrected;

2. available at any particular time or location; available, or available without change, for any minimum period of time;

3. secure or private; or

4. free of viruses or other harmful features.

6. Your Obligations Regarding Web and Email Services

You agree that:

You will perform all tasks and responsibilities requested of you by NetNames Australia in respect of the Web and Email Services.

You will ensure that any Hosted Website and any email sent or received from or by an Email Address:

does not infringe any intellectual property rights of any person;

does not contain any material which is obscene, offensive, upsetting, defamatory, insulting, abusive or in any way unsuitable for persons under the age of 18 years;

is not comprised or is not used for any unlawful purpose or activity.

You will comply with the requirements of any restriction or exclusion relating to any Web and Email Service notified to you by NetNames Australia from time to time.

NetNames Australia may modify, enhance or withdraw any Web and Email Service by posting notice on the NetNames Australia Website 30 days before the change is to take effect.

NetNames Australia does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that NetNames Australia accepts no responsibility for any deficiency or inaccuracy in any Hosted Website that is attributable to defects in that website.

 

6. CANCELLATION OF A DOMAIN NAME OR HOSTING SERVICE

You may cancel a Domain Name or any Web and Email Service at any time by notifying NetNames Australia in writing. You agree that:

on receipt of such notice, NetNames Australia will cancel the relevant Domain Name and/or cancel the relevant Web and Email Service; and

NetNames Australia will have no liability to you whatsoever in relation to such deletion and/or cancellation.

NetNames Australia may, in its sole discretion, cancel a Domain Name and any additional services such as Web and Email Services

provided to you by NetNames Australia in respect of that Domain Name upon 14 days notice where you fail to pay any fees that are due to NetNames Australia .

Either party may terminate this agreement and cancel the Domain Name on one month written notice to the other party.

 

7. TERMINATION OR EXPIRY OF THESE TERMS OF SERVICE

Where the Registrant transfers its Domain Name from NetNames Australia to another Registrar in accordance with the relevant ccTLD Policies and these Terms of Service, the parties agree that these Terms of Service will terminate effective from the date of such transfer.

The parties agree that these Terms of Service will terminate on the effective date of the cancellation of the Registrant Domain Name (and associated Web and Email Services) in accordance with the terms specified in the Cancellation of a Domain Name or a Web and/or Email Service Section of these Terms of Service.

The parties agree that these Terms of Service will expire where the Registrant Domain Name licence expires and is not renewed by the Registrant prior to the deletion of the Domain Name.

 

8. EXCLUSIONS AND LIMITATIONS OF LIABILITIES

NetNames Australia does not investigate whether or not any Registrant is entitled to register or hold any rights in a Domain Name or request any Web and Email Services, except for ccTLDs where such investigation is required by the policy set out by the relevant registry.

By registering a Domain Name, NetNames Australia is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorise any person to use the Domain Name in the course of trade.

You agree that no Relevant Party will have any liability to you for any claim arising from any breach of this agreement by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.

You agree that where a Relevant Party has acted in bad faith, or where NetNames Australia has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to NetNames Australia in the month immediately prior to the event of liability in respect of the Domain Name.

All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so. You agree that this clause is for the benefit of each Relevant Party.

 

9. INDEMNITIES

You indemnify and hold harmless NetNames Australia on its own behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:

any claim or dispute pertaining to the registration of the Domain Name, whether in your name or in such name as you direct; any claim that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party; any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms of Service; or any claim arising in relation to the content or operation of any Hosted Website (other than claims caused by NetNames Australia breach of these Terms of Service); and provided that, you shall not be required to indemnify and hold harmless NetNames Australia for any claims arising from NetNames Australia negligence or bad faith.

 

10. GTLDs – GLOBAL TOP LEVEL DOMAINS

The following additional provisions apply to any domain names that you register through NetNames Australia :

.com/net Domains: In the case of a comor net registration, the following terms and conditions will apply:

Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (UDRP (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;

For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant domicile, and (2) where NetNames Australia is located, presently in Melbourne, Australia.

You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates 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.

.org Domains: In the case of a orgregistration, the following terms and conditions will apply:

Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (UDRP (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;

For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts

of the Registrant domicile, and where NetNames Australia is located, presently Melbourne, Australia.

.info Domains: In the case of an info registration, the following terms and conditions will apply:

Registrant Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;

Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (UDRP (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;

For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the Registrant domicile, and where NetNames Australia is located, presently in Melbourne, Australia;

Reservation of Rights. NetNames Australia and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.

.biz Domains. In the case of a bizregistration, the following terms and conditions will apply:

.biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, bona fide business or commercial useshall mean 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 business; or

to facilitate (i) the exchange of goods, services, information or property of any kind; or

the ordinary course of trade or business.

For more information on the .biz restrictions, which are incorporated herein by reference, please see:

http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.

Selection of a Domain Name. You represent 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 of the information provided correct, up-to-date and complete;

to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

the registered domain name 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 this Registration Agreement; and

the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:

your full name;

your postal address;

your e-mail address;

your voice telephone number;

your fax number (if applicable);

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 name server and any secondary name server for the domain name;

the corresponding names of the primary and secondary name servers;

the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and

any remark concerning the domain name that should appear in the Whois directory.

You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.

Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at:

http://www.icann.org/dndr/udrp/policy.htm;

The Restrictions Dispute Resolution Criteria and Rules (RDRP, available at:

http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm collectively, the Dispute Policies.;

The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.

For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant domicile, and (2) where NetNames Australia is located, presently Melbourne, Australia.

.name Domains. In the case of a .name registration, the following terms and conditions will apply

.name Restrictions. Registrations in the .name top-level domain must constitute an individual’s Personal Name. For purposes of the .name restrictions (the Restrictions), a Personal Name is a person’s legal name, or a name by which the person is commonly known. A name by which a person is commonly known includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

.name Representations. As a .NAME domain name registrant, you hereby represent that:

the registered domain name or second level domain (SLD) e-mail address is your Personal Name.

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 of the information provided correct, current and complete,

to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

the registration satisfies the Eligibility Requirements found at:

http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm and

you have the authority to enter into this Registration Agreement.

E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.

You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:

to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment;
or

for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.

Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.

You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.

You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

the Eligibility Requirements (the Eligibility Requirements), available at:

http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm

the Eligibility Requirements Dispute Resolution Policy (the ERDRP), available at:

www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm and

the Uniform Domain Name Dispute Resolution Policy (the UDRP), available at:

http://www.icann.org/dndr/udrp/policy.htm .

the REGISTRAR-REGISTRANT TERMS AND CONDITIONS FOR .NAME DOMAINS AND EMAIL, available at:

http://www.” your name here ‘.com/about-us/Terms-Conditions/downloads/RRTC_DotName_Domains_and_Emails.pdf

the REGISTRAR-REGISTRANT TERMS AND CONDITIONS FOR .NAME DEFENSIVE REGISTRATIONS, available at:

http://www.” your name here ‘.com/about-us/Terms-Conditions/downloads/RRTC_Defensive_Registrations.pdf

the REGISTRAR-REGISTRANT TERMS AND CONDITIONS FOR .NAME NAMEWATCH, available at:

http://www.” your name here ‘.com/about-us/Terms-onditions/downloads/RRTC_Namewatch.pdf

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered:

the Personal Name of an individual;

the Personal Name of a fictional character, if you have trademark or service make rights in that character’s Personal Name in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names

The ERDRP applies to challenges to registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and to Defensive Registrations (as defined by the Registry) within .name.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.

Registrant as Licensor; No Proxy Domain Name Services for gTLDs

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

Neither Registrar nor any of its resellers, affiliates, partners and/or contractors shall be permitted to offer anonymous or proxy domain name registration services which prevent the Registry from having and displaying the true and accurate data elements for any Registered Name.

You acknowledge that if you willfully provide inaccurate or unreliable information or willfuly fail to update information promptly and

if you fail to follow the policies of use established by the ICANN and the Registry Operator, will constitute a material breach of this agreement and that it will entitle us to cause the cancellation of your registration. You understand and accept that your domain name registration may be cancelled, suspended or transferred pursuant to any ICANN adopted specification or policy or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification to correct mistakes by us or the Registry Operator in registering the name, including but not limited to, the cancellation, within forty five (45) days from registration, of your domain name when its registration has taken place as a result of a previous erroneous cancellation; or

for the resolution of disputes concerning the domain name. You understand and accept that the Registry Operator may cause the cancellation or transfer of your registration that it deems necessary, in its discretion, to protect the stability or the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, or to avoid any liability, civil or criminal, on the part of the Registry Operator or us as well as its or our affiliates, subsidiaries, officers, directors and employees. We and the Registry Operator reserve the right to put your domain name on hold during resolution of a dispute. We reserve the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either appliable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You understand that we will have to cause the cancellation of your domain name registration if we receive a notification to that effect issued by a competent authority under the relevant applicable laws.

GTLD ICANN REQUIREMENTS

The following terms and conditions are required by ICANN and apply to all TLDs provided by NetNames Australia.

Information Submitted.

a. You agree to provide to NetNames Australiaaccurate and reliable contact details and promptly correct and update them during the Term of any domain name registration services, including: Your full name, postal address, e-mail address, voice telephone number, and fax number if available; the name of authorized person(s) in the case of a domain name registered in the name of an organization, association or corporation; the name, postal address, e-mail address, voice telephone number, and (where available) fax number of a technical contact and an administrative contact.

b. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to NetNames Australia, or your failure to respond for over fifteen (15) calendar days to inquiries from NetNames Australiaconcerning the accuracy of contact details associated with Your registration shall constitute a material breach of this Agreement and be a basis for cancellation of any domain name registrations provided hereunder.

Information Collected.

You acknowledge and agree that NetNames Australiawill collect and retain the following information: (i) the original creation date of the registration; (ii) the submission date and time, and the contents, of all registration data (including any updates submitted) to Us and by Us to the proper registry; (iii) communications (electronic or paper form) constituting registration applications, confirmations, modifications, or terminations and related correspondence between You and Us, including this Agreement; (iv) records of account for your domain name registration, including dates and amounts of all payments and refunds; (v) the names of the primary name server and any secondary name servers for the domain name; (vi) the IP addresses of the primary name server and any secondary name servers for the domain name; and (vii) the expiration date of the registration.

Disclosure and Use of Information.

a. NetNames Australiawill make information about You and your domain registration with Us publicly available via a WHOIS service. The information made available shall consist of elements that are designated from time to time according to an ICANN adopted specification or policy.

The elements that NetNames Australiawill currently make available are: (i) the registered domain name; (ii) the names of the primary name server and any secondary name servers for the domain name; (iii) our name as registrar of the domain name; (iv) the original creation date of the registration; (v) the expiration date of the registration; (vi) Your full name and postal address; and (vii) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of a technical contact and an administrative contact.

b. In addition, NetNames Australiashall make the information described in Section 3(a) available to third party providers of bulk WHOIS services.

c. The following information will be retained by Us for our records and will be provided to ICANN or to an escrow agent mutually agreed upon by Us and ICANN, as required by ICANN: (i) the registered domain name; (ii) the names of the primary name server and any secondary name servers for the domain name; (iii) our name as registrar of the domain name;

(iv) the original creation date of the registration; (v) the expiration date of the registration;

(vi) Your full name and postal address; (vii) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of a technical contact and an administrative contact; (viii) the submission date and time, and the contents, of all registration data (including any updates submitted) to Us and by Us to the proper registry;

(ix) communications (electronic or paper form) constituting registration applications, confirmations, modifications, or terminations and related correspondence between You and Us, including this Agreement; and (x) records of account for your domain name registration, including dates and amounts of all payments and refunds.

d. NetNames Australiawill make the following information available to registry administrators: (i) the registered domain name; (ii) the names of the primary name server and any secondary name servers for the domain name; (iii) the IP addresses of the primary name server and any secondary name servers for the domain name; (iv) our name as registrar of the domain name;

(v) the expiration date of the registration; and (vi) any other data required by the applicable registry administrator(s).

e. You agree and acknowledge that NetNames Australiawill make available domain name registration information You provide or that we otherwise collect as set forth in this Schedule A. We will not process data about any identified or identifiable natural person that we obtain from You in a way incompatible with the purposes and other limitations which we describe in this Agreement. NetNames Australiawill take reasonable precautions to protect the information it obtains from You from our loss, misuse, unauthorized access, disclosure or use, or alteration or destruction of that information.

Accessing and Changing

Registration Information. NetNames Australiashall provide email notice to customers and report back to ICANN with corrected information, where applicable.

Obligations Relating to Provided Data.

In the event that, in registering the domain name, You are providing information about a third party, or you are licensing your domain name registration to a third party, You hereby represent that You have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that You have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement.

Fees and Payments.

Your requested domain name will not be registered unless we receive actual payment, or reasonable assurance of payment, of the registration fee.

Obligations in the Event of a License.

You agree that if You license the use of the domain name registered to You to a third party, You nonetheless remain the domain name holder of record, and remain responsible for providing (and updating, as necessary) accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. You further agree to accept liability for harm caused by wrongful use of such licensed domain name, unless You promptly disclose the identity of the licensee to a party providing You with reasonable evidence of actionable harm.

Representation of Non-Infringement.

To your knowledge and belief, neither the registration of the domain name, nor the manner in which it is directly or indirectly used, will infringe upon or otherwise violate the rights of any third party.

Domain Name Registration Services Revocation.

You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer pursuant to any ICANN-adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted specification or policy, (a) to correct mistakes by NetNames Australiaor one of its affiliates, another registrar or the registry administrator in registering or administering the name, or (b) for the resolution of disputes concerning the domain name.

Indemnification of Registry Operator.

You agree to indemnify and hold harmless the registry operator for the applicable TLD, 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 related to Your domain name registrations.

Deletion Procedure.

The customer can ask for a domain to be immediately deleted, by requesting that a Delete order be submitted. The Delete order must be submitted prior to when the Expire Threshold period starts. After completion, the domain will go into state Pending Delete and can only be re-activated by following the Restore Procedure. The standard fee for deleting the domain is $0.

Auto-renewal Procedure.

All domain names registered through NetNames Australiawill automatically be renewed before expiry. NetNames Australiacreates this order on behalf of customers and provisions the renewal of the domain if the domain has status ACTIVE. If an Expiry request has been submitted prior to the expiry date and prior to when the threshold period starts the domain will not be Auto-renewed. The Auto-renewal period is 1 year per default. If the customer wants to expand the renewal period, he must submit a specific request to NetNames Australiastating the number of years. Total registration period must not be more than 10 years. Should a domain name currently have 1 year registration; renewal must not be more than 9 years. The standard fee for a 1 year Auto-renewal is $50.00 (AUD) plus GST.

Restore Procedure.

The Restore Procedure allows customers to re-activate a deleted domain name and have their domain name resolve again. After the domain has expired or been deleted, the customer has 30 days to renew the domain without incurring a restoration fee. From 31 days to 64 days after deletion or expiry date, the customer can restore the domain by requesting a Restore Order. After 64 days, the domain will be deleted at the registry and the domain name is given free for registration. The standard fee for restoring a domain name is $250 (AUD) plus GST.

 

11. CCTLDS: COUNTRY CODE TOP LEVEL DOMAINS

.at Domains. In the case of a .at registration, the following terms and conditions will apply:

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

.au Domains. In the case of an .au registration, the following terms and conditions will apply:

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.auda.org.au. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

.be Domains. In the case of a beregistration, the following terms and conditions will apply:

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .be Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at:http://www.dns.be/en/home.php?n=45.001

.ca Domains. In the case of a caregistration, the following terms and conditions will apply:

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy, which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.

Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by NetNames Australia or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.

Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry Registrant Agreement, the Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry failure or refusal to register a domain name, it failure or refusal to renew a domain name registration, it registration of a domain name, it failure or refusal to renew a domain name registration, it renewal of a domain name registration, it failure or refusal to transfer a domain name registration, it transfer of a domain name registration, it failure or refusal to maintain or modify a domain name registration, it maintenance of a domain name registration, it modification of a domain name registration, it failure to cancel a domain name registration or it cancellation of a domain name registration from the Registry;

.ch Domains. In the case of a chregistration, the following terms and conditions shall apply:

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.

.li Domains. In the case of a liregistration, the following terms and conditions shall apply:

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.

.cn Domains. In the case of a cnregistration, the following terms and conditions shall apply:

Registrymeans the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People Republic of China and the Chinese domain name system;

Registry Gatewaymeans the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People Republic of China;

Registry Operatormeans Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People Republic of China.

Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to:

be against the basic principles prescribed in the Constitution of the Peoples Republic of China (PRC);

jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;

harm national honour and national interests of the PRC;

instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;

spread rumours, disturb public order or disrupt social stability of the PRC;

spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;

insult, libel against others and infringe other people legal rights and interests in the PRC; or

take any other action prohibited in laws, rules and administrative regulations of the PRC.

Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.

Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy (Dispute Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at:http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.

You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.

If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until we are directed to do so by the judicial or administrative body, or

we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China governmental agencies and the China Internet Network Information Centre (CNNIC, including but not limited to the following rules and regulations:

Provisional Administrative Rules for Registration of Domain Names in China currently at

http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm

Detailed Implementation Rules for Registration of Domain Names in China currently at

http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm

Chinese Domain Names Dispute Resolution Policy currently at

http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm

CNNIC Implementing Rules of Domain Name Registration currently at

http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm.

You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.

Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any NetNames Australia , Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy, to correct mistakes by a party in registering the name, for the resolution of disputes concerning the domain name, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement to avoid any liability, civil or criminal, on the part of NetNames Australia , Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or violations of this Agreement. NetNames Australia , Registry Operator and CNNIC also reserve the right to freezea domain name during the resolution of a dispute.

Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the Registrant domicile, where NetNames Australia is located, and the People Republic of China.

Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.

.de Domains. In the case of a deregistration, the following terms and conditions will apply:

Selection of a Domain Name. You represent that:

you have reviewed and have accepted the Registry Terms and Conditions and the Registry Guidelines and have provided your Reseller with written confirmation of same; you have reviewed and have accepted the Registry Terms and Conditions and the Registry Guidelines and have provided your Reseller with written confirmation of same;

either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany;

to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

Registry Policies. You agree to be bound by the Registry Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at:

English Version:

Registration Terms and Conditions

http://www.denic.de/en/bedingungen.html

Registration Guidelines

http://www.denic.de/en/richtlinien.html

German Version: DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html

DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html

.eu domains. In the case of a euregistration, the following terms and conditions will apply:

Eligibility Criteria. .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are:

an undertaking having its registered office, central administration or principal place of business within the European Community;

an organization established within the European Community without prejudice to the application of national law, or

a natural person resident within the European Community.

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/en/general/launch. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law..fr Domains. In the case of a frregistration, the following terms and conditions will apply:

Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are:

A legal entity or natural person:

whose head office is in France; (or),

which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or),

State institutions or departments, local authorities or associated establishments, (or),

which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.

Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.

Registry Policies. You agree to be bound by the Registry Naming Charter, its registration rules for .fr. English language translations of the Registry documents are provided for convenience. The Registry documents may be found at:

http://www.afnic.fr/obtenir/chartes/nommage-fr

Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

.it Domains. In the case of an itregistration, the following terms and conditions shall apply:

Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.

Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.it/en/domini/index.html. You are responsible for monitoring the Registry site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and netiquetterules may be found at http://www.nic.it/NA/index-engl.html.

.nl Domains. In the case of a nl registration, the following terms and conditions shall apply:

Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.

Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry Registration Regulations. English language translations of the Registry documents are provided for convenience and may be found at:

http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at:

http://www.sidn.nl/ace.php/c,728,2687

You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

.uk Domains. In the case of a .uk registration, the following terms and conditions will apply:

Nominet UK means the entity granted the exclusive right to administer the registry for .uk domain name registrations.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy.

Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy,

to correct mistakes by a registrar or the registry in registering the name, or

for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at:

http://www.nic.uk/registrants/aboutdomainnames/legal/terms/

When you submit a request for a domain name registration with NetNames Australia , you will be entering into two contracts one contract with NetNames Australia , and one contract with Nominet UK.

NetNames Australia will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK.

By accepting Nominet terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet Whois look-up service.

Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.

.us Domains. In the case of a usregistration, the following terms and conditions will apply:

DOCmeans the United States of America Department of Commerce.

us Nexus Requirement Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement (Nexusor Nexus Requirements set out at:

http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.

Selection of a Domain Name. You certify and represent that:

You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove;

The listed name servers are located within the United States;

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 of the information provided correct, up-to-date and complete;

To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

You have the authority to enter into this Registration Agreement.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.

Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Nexus Dispute Policy (Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.

The usTLD Dispute Resolution Policy (usDRP available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement.

In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where NetNames Australia is located, and (iii) the United States.

Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any NetNames Australia , Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator policies can be found at http://www.neustar.us/policies.

Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.

Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder);

The domain name being registered;

The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;

The IP addresses and names of the primary name server and any secondary name server(s) for the domain name;

In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.

Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.

Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws.

You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

 

12. Survival.

In the event of termination of this Agreement, all terms which by their nature should survive termination shall survive such termination.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.