In this document, unless the context requires otherwise:
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
3. DOMAIN NAMES APPLICATIONS AND REGISTRATION
(a) Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
(b) You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
(c) You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
(d) All personal information pertaining to you are held by auDA for the benefit of the Australian public.
4. DOMAIN NAME LICENCE
(a) Your Domain Name Licence will be effective for a two year period, once:
(b) Your Domain Name Licence may be renewed every two years, as long as you:
(c) You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
(d) You may cancel your Domain Name Licence at any time by notifying us in writing, but this does not entitle to any refund.
(e) We may cancel your Domain Name Licence if you breach any provision of this document.
(f) Once a domain application is approved your liability for fees are final and irrevocably due and non-refundable under any circumstances whatsoever including error, negligence, omissions, transfers and or cancellations.
(g) If you have acquired this licence through a reseller who does not pay us you are still liable for the Fees for that domain and it is up to you to recover your money from that reseller.
(h) We will report you and/or your company directors to appropriate credit reference agencies should you fail to pay applicable fees, and any such fees become more then 60 days past due.
5. YOUR WARRANTY TO US
(a) You warrant and state to us and to auDA separately that:
(b) 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.
(c) 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
(a) Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
(c) We will give you immediate notice if:
(d) auDA may post notice of:
on its web site, and may, if it's considered appropriate, give such notice to you directly.
7. YOUR OBLIGATIONS TO US
(a) Throughout the period of your Domain Name Licence, you must:
(b) You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:
(c) You must not:
8. USE OF YOUR INFORMATION
You give to:
(a) auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
(b) us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
(c) the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,
provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
9. DISPUTE RESOLUTION
(a) auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
(b) The auDRP binds you and us severally as if it were incorporated in this document.
(c) You accept that:
10. TRANSFER OF REGISTRARS
(a) We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
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.
(c) 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
(a) You must not pursue any claim against auDA or against us, and neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document, or under our registrar agreement with auDA.
(b) 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.
(c) You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
13. OUR AGENCY
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document.
(a) In this document:
(b) All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
(c) If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
(d) This document is governed by and is to be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and waives any right to object to proceedings being brought in those courts.