This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.
Summary of Terms and Conditions
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
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 at .
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to NetNames Australia Pty Ltd, ACN 136 470 838, 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.
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
3. DOMAIN NAMES 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 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.
3.4 All personal information pertaining to you are held by auDA for the benefit of the Australian public.
4. DOMAIN NAME LICENCE
4.1 Your Domain Name Licence will be effective for a two year period, once:
4.2 Your Domain Name Licence may be renewed every two years, as long as you:
4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.
4.5 We may cancel your Domain Name Licence if you breach any provision of this document.
5. YOUR STATEMENT TO US
5.1 You confirm and state to us and to auDA separately that:
5.2 You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
5.3 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. OUR OBLIGATIONS TO YOU
6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
6.2 We will give you immediate notice if:
6.3 auDA may post notice of:
on its web site, and may, if it considers appropriate, give such notice to you directly.
7. YOUR OBLIGATIONS TO US
7.1 You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
7.2 You acknowledge that under the Published Policy:
7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
8. USE OF YOUR INFORMATION
You give to:
8.1 auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
8.2 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;
8.3 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.
9. DISPUTE RESOLUTION
9.1 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.
9.2 The auDRP binds you and us severally as if it were incorporated in this document.
9.3 You accept that:
10. TRANSFER OF REGISTRARS
10.1 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:
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
10.3 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.
11. LIMITATION OF LIABILITIES
11.1 You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.
11.2 You agree to indemnity, keep indemnified and hold auDA and us, and auDA’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
11.3 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.
11.4 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.
11.5 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.
11.6 Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.
12. 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. auDA is an intended third party beneficiary of this document.
13.1 In this document:
13.2 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
13.3 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.
13.4 This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.