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dotCOM Domain Registration
Terms and Conditions for gTLD Domain Names
The following Terms and Conditions for gTLD Domain Names are supplied by Melbourne IT. The original policy can always be found at
http://www.melbourneit.com.au/policies/gtldtermcond.php3.
Current at: July 2005
DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info and .name registrations only
TERMS AND CONDITIONS
General
1. Introduction
This domain name registration agreement ('Registration Agreement') is
submitted by you, the applicant for, and on registration, the licence
holder of a domain name (the "Registrant") to Melbourne IT Limited ACN
073 716 793 ('Melbourne IT') for the purpose of registering a domain
name on the Internet. Clauses 1-19 set out the general provisions
governing all domain name registrations under this Registration
Agreement. Clauses 20 - 22 set out the additional provisions specific
to .com, .net and .org domain name registrations. Clause 23 sets out
the additional provisions specific to multi-lingual domain name
registrations. Clause 24 sets out the additional provisions specific
to .biz, .info and .name domain name pre-registrations and
registrations. If this Registration Agreement is accepted by Melbourne
IT, Registrant agrees to be bound by the terms and conditions of this
Registration Agreement in respect of any .com, .net, .org, .biz, .info
or .name domain name pre-registrations or registrations submitted by
Registrant to Melbourne IT.
2. Terminology
Melbourne IT is an accredited Registrar of Internet Corporation For
Assigned Names and Numbers ('ICANN'). Verisign Global Registry Services
is the registry administrator responsible for administering the .com and
.net domain name registry. Public Interest Registry is the registry
administrator responsible for administering the .org domain name
registry. NeuLevel, Inc is the registry administrator responsible for
administering the .biz domain name registry. Afilias Ltd is the registry
administrator responsible for administering the .info domain name
registry. Global Name Registry Ltd is the registry administrator
responsible for administering the .name domain name registry.
3. Licensing of Domain Name
Registrant remains the responsible contracting party under this
Registration Agreement, even if Registrant licenses use of the domain
name to a third party.
4. Dispute Policy
Registrant agrees, as a condition to submitting this Registration
Agreement, and if the Registration Agreement is accepted by Melbourne
IT, that on successful registration of any domain name under this
Agreement the Registrant is bound by Melbourne IT's current dispute
policy and the dispute policy procedures. Registrant acknowledges that
the dispute policy described in this clause 4 is the Uniform Domain Name
Dispute Resolution Policy (the "URDP Dispute Policy"). Registrant agrees
that in respect of the pre-registration or registration of .biz, .info
and .name domain names, other dispute policies may apply as specified
by the registry administrator of those domain names from time to time,
as described in more detail in clause 24A(4) for .biz, in clause 24B(2)
for .info and in clause 24C(3) for .name (the "Other Dispute Policies").
Registrant agrees that Melbourne IT may change or modify the UDRP Dispute
Policy, incorporated by reference herein, at any time. Registrant agrees
that Registrant's maintaining the registration of a domain name after
changes or modifications to the UDRP Dispute Policy become effective
constitutes Registrant's continued acceptance of these changes or
modifications. Registrant agrees that any dispute relating to
registration or use of its domain name (and which is not the subject of
the Other Dispute Policies) will be subject to the provisions specified
in the UDRP Dispute Policy. Without prejudice to other potentially
applicable jurisdictions, Registrant submits to the jurisdiction of the
courts as described in clause 18. The UDRP Dispute Policy
can be viewed at http://www.melbourneit.com.au/policies/gtlddispute.php3.
The UDRP Dispute Policy procedure can be viewed at
http://www.melbourneit.com.au/policies/gtldrules.php3.
5. Agents
Registrant agrees that if this Registration Agreement is completed by an
agent for the Registrant, such as an Administrative Contact/Agent, the
Registrant is nonetheless bound as a principal by all terms and
conditions herein, including the relevant domain name dispute policy.
6A Additional Provisions for Domain Names Managed by Registrant
Registrant agrees that where it is to manage its own domain name (as opposed to its appointment of a Melbourne IT accredited reseller to manage its domain name), and the domain name is a .com, .net, .org, .biz or .info domain name, the succeeding provisions of this clause 6A apply, but not otherwise:
6A.1 |
At any time during the period commencing on the date of the registration or renewal of the domain name (as the case may be) up to the expiry date of the domain name ("Expiry Date"), and provided that Registrant has not previously instructed Melbourne IT to delegate its domain name to a non-Melbourne IT server, Melbourne IT may delegate the domain name to Melbourne IT Nameservers or third party nameservers and direct Internet queries for the domain name to a Melbourne IT parked page ("Melbourne IT Parked Page"). Registrant acknowledges and agrees that the Melbourne IT Parked Page may include (without limitation) any of the following content: a statement and graphics to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party websites, advertising of Melbourne IT products and services, and with your approval, any advertising content from or about a third party and/or their products and services. Melbourne IT agrees to use all reasonable commercial endeavours to ensure that Melbourne IT does not insert links to or from third party websites or insert other content on the Melbourne IT Parked Page that are obscene, defamatory or sexually explicit. If Melbourne IT elects to delegate the Registrant's domain name to Melbourne IT Nameservers or third party nameservers and direct Internet queries for that domain name to the Melbourne IT Parked Page in accordance with this clause 6A.1, Registrant may at any time prior to the Expiry Date, opt-out of any such delegation, by providing written notice to Melbourne IT Limited at Level 2, 120 King Street, Melbourne 3000 Australia (or such other business address notified from time to time by Melbourne IT on its web site), by emailing Melbourne IT at policy@melbourneit.com.au, or, by disabling the Melbourne IT Parked Page by any other mechanism notified from time to time by Melbourne IT. |
6A.2 |
In consideration of Registrant entering into this Agreement with Melbourne IT (and where available), Melbourne IT may elect to provide its Private Registration Service to Registrant (which includes, without limitation, updating certain public contact details associated with the domain name such as the postal address and email address (if applicable) in the publicly accessible database known as the WHOIS database) with respect to the domain name for the period up to and including the Expiry Date. If Melbourne IT elects to provide its Private Registration Service to Registrant, Registrant agrees that the following provisions will apply to the supply by Melbourne IT of its Private Registration Service:
6A.2.1 |
Melbourne IT will supply the Private Registration Service to Registrant in accordance with Melbourne IT's Private Registration terms, as located at http://direct.internetnamesww.com/help/index.php, which link Melbourne IT may update from time to time ("Private Registration Terms"). |
6A.2.2 |
The Private Registration Terms are hereby incorporated into this Agreement by reference. |
6A.2.3 |
Registrant hereby agrees to the Private Registration Terms. |
6A.2.4 |
Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the Private Registration Terms. |
6A.2.5 |
Melbourne IT may from time to time, by thirty days' notice to Registrant ("Notice Period"), which notice may be provides by Melbourne IT by a general notice on a page of the Internet referred to on the home page of Melbourne IT's web site at http://www.melbourneit.com.au/policies/ , charge Registrant a fee for the provision of the Private Registration Service ("Fee Introduction Notice"). |
6A.2.6 |
If Melbourne IT provides a Fee Introduction Notice to Registrant pursuant to clause 6A.2.5, notwithstanding the Private Registration Terms, if Registrant does not agree to pay such fee with respect to the Private Registration Service, Registrant may provide written notice to Melbourne IT during the Notice Period terminating the Private Registration Service, and such Private Registration Service will cease to be provided by Melbourne IT to Registrant with respect to the domain name at the end of the Notice Period. If Registrant fails to provide any termination notice to Melbourne IT during the Notice Period, Registrant agrees that:
|
6A.2.6.1 |
Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and payment provisions contained in the Private Registration Terms; and |
6A.2.6.2 |
thereafter, Registrant may only terminate provision of the Private Registration Service in accordance with the Private Registration Terms. |
|
6A.3 |
Prior to the Expiry Date, Melbourne IT may elect to lock the domain name, provided that, if Melbourne IT elects to lock the domain name, Registrant will be entitled to unlock the domain name at any time, in accordance with the process notified from time to time by Melbourne IT to Registrant. |
6A.4 |
Registrant acknowledges that certain registry authorities offer a further period after the Expiry Date during which a registrant may renew their domain name before it is deleted. You may renew your domain name with Melbourne IT at any time before the date 30 days after the Expiry Date ("Renewal Deadline"). If your domain name has not otherwise been dealt with by Melbourne IT under the terms of this Registration Agreement, your domain name will be placed on Hold and flagged for deletion after which you may be eligible for a further 30 day Redemption Grace Period during which you may redeem your domain name by paying to Melbourne IT the redemption fee (the current redemption fee is set out at http://www.melbourneit.com.au/help/?questionid=50130 and is subject to change). |
6A.5 |
Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) the domain name to Melbourne IT Nameservers or third party nameservers and direct Internet queries for the domain name to a Melbourne IT expiry page ("Melbourne IT Expiry Page"). Registrant acknowledges and agrees that the Melbourne IT Expiry Page may include (without limitation) any of the following content: a statement and graphics to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party websites, advertising of Melbourne IT products and services or any advertising content from or about a third party and/or their products and services. Melbourne IT agrees to use all reasonable commercial endeavours to ensure that Melbourne IT does not insert links to or from third party websites or insert other content on the Melbourne IT Expiry Page that are obscene, defamatory or sexually explicit. |
6A.6 |
In addition, Registrant agrees that if Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may elect to transfer the domain name to a third party ("Transferee") on Registrant's behalf and as Registrant's agent ("Registrant Domain Name Transfer"). For the purposes of effecting a Registrant Domain Name Transfer (if applicable), Registrant agrees that Melbourne IT may elect to undertake any (or all) of the following actions in connection with the domain name as and from the Expiry Date:
6A.6.1 |
Melbourne IT may state that the domain name may become available to be acquired or transferred to a third party following the expiration of the Renewal Deadline via the Melbourne IT Expiry Page or such other means reasonably determined by Melbourne IT. Melbourne IT agrees to use all reasonable commercial endeavours to ensure that Melbourne IT does not insert links to or from third party websites or insert other content on the Melbourne IT Expiry Page that are obscene, defamatory or sexually explicit. |
6A.6.2 |
Melbourne IT may lock the domain name (or continue to lock to domain name, if applicable), provided that, if Melbourne IT elects to lock the domain name, Registrant will be entitled to unlock the domain name at any time, in accordance with the process notified from time to time by Melbourne IT to Registrant. |
6A.6.3 |
Melbourne IT may continue to supply Melbourne IT's Private Registration Service to Registrant in connection with the domain name) in accordance with the Private Registration Terms, at no cost to Registrant. |
|
6A.7 |
Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.5 or 6A.6, any services in connection with the domain name (including without limitation, any email services) will cease. |
6A.8 |
If Melbourne IT elects to attempt to affect a Registrant Domain Name Transfer, Registrant agrees that:
6A.8.1 |
Melbourne IT may transfer, or attempt to transfer, the domain name, on Registrant's behalf as Registrant's agent, to a Transferee, including by utilising a third party provider of auction services and/or sale services in connection with the transfer of domain names ("Third Party Provider"). |
6A.8.2 |
Melbourne IT may exercise any rights under any terms and conditions agreed to by Melbourne IT, on Registrant's behalf and as Registrant's agent, in order to effect the Registrant Domain Name Transfer, which may include, without limitation, any terms and conditions of a Third Party Provider ("Transfer Terms") on behalf of Registrant; |
6A.8.3 |
Melbourne IT may perform any act for and on behalf of Registrant in connection with affecting any Registrant Domain Name Transfer or pursuant to any Transfer Terms and any such act will be regarded as an act validly performed by Registrant. |
6A.8.4 |
Melbourne IT will notify Registrant by email following receipt of the transfer price for the domain name in cleared funds from the Transferee that a Registrant Domain Name Transfer occurs. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if required, under this clause 6A.8.4. if Registrant keep its contact details with respect to the domain name up to date. Registrant therefore agrees that Registrant will be solely responsible for keeping such contact details up to date. |
6A.8.5 |
Registrant will receive a transfer price commission, as specified from time to time at http://www.melbourneit.com.au/help/index.php?questionid=50103, which link or transfer price commission may be updated or amended by Melbourne IT from time to time ("Transfer Price Commission") subject to:
6A.8.5.1 |
Registrant applying to Melbourne IT for that Transfer Price Commission within ninety days of the email notification referred to in clause 6A.8.4, in accordance with the process notified from time to time by Melbourne IT to Registrant ("Transfer Price Commission Application"); and |
6A.8.5.2 |
Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT's standard authentication procedures, as applicable at the relevant time. | |
6A.8.6 |
If Registrant has provided Melbourne IT with the Transfer Price Commission Application (but not otherwise), Registrant, will be paid the Transfer Price Commission within 30 days of receipt by Melbourne IT of the Transfer Price Commission Application ("Payment Date Period") and in a manner determined by Melbourne IT in its sole discretion (including but not limited to, by a transfer of funds via a Paypal™ account or similar service), such manner to be detailed in an email communication to Registrant within the Payment Date Period. Registrant acknowledges that if Melbourne IT determines to pay the Transfer Price Commission via a Paypal™ account or similar service, Registrant will only be able to receive the Transfer Price Commission in the event that Registrant sets up an account with Paypal™ account or that other service (if applicable). |
6A.8.7 |
Melbourne IT will pay Registrant any Transfer Price Commission (if applicable):
6A.8.7(A) |
subject to clause 6A.8.7(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or |
6A.8.7(B) |
if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission paid to Registrant:
6A.8.7(B)(i) |
will be paid inclusive of any goods and services tax ("GST") but exclusive of any other tax or charge which may apply to the commission under any relevant law, and for which Registrant shall be responsible; and |
6A.8.7(B)(ii) |
will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements of the GST legislation then in force. | | | |
6A.9 |
If Melbourne IT elects to attempt to effect a Registrant Domain Name Transfer, Registrant agrees that Melbourne IT may cease attempting to effect a Registrant Domain Name Transfer for any reason (including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with any request from such party to do so). |
6A.10 |
Nothing in this clause 6A will constitute an express or implied guarantee or warranty that Melbourne IT will be successful in effecting a Registrant Domain Name Transfer in the event that Melbourne IT elects to attempt to effect such Registrant Domain Name Transfer in accordance with this clause 6A. In addition, if Melbourne IT elects to attempt to effect a Registrant Domain Name Transfer and Melbourne IT elects to appoints a Third Party Provider on Registrant's behalf as Registrant's agent, to auction or sell the domain name (as the case may be), since such auction or transfer will be conducted by the Third Party Provider, Melbourne IT takes no responsibility for (and will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain name by the Third Party Provider. |
6A.11 |
Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT's sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to exercise any other right available to Melbourne IT under this Agreement. |
6. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT
nor the registry administrator has any liability to the Registrant or the
Registrant's agent for any loss Registrant may incur in connection with
Melbourne IT's processing of this Registration Agreement, Melbourne IT's
processing of any pre-registration application or application for a domain name,
the processing of any authorized modification to the domain name's record during
the covered registration or renewal period, or the failure by the Registrant or
the Registrant's agent to pay a pre-registration fee or other fee
(including, without limitation, any registration fee or renewal fee),
or as a result of the application of the provisions of the relevant domain name
dispute policy. Registrant agrees that in no event will the liability of
Melbourne IT under this Agreement for any matter exceed, in the sole option of
Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT
for the provision of the services.
7. Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Melbourne
IT and the registry administrator, their directors, officers, employees
and agents harmless from and against all and any and all claims, damages,
liabilities, costs and expenses (including reasonable legal fees and
expenses) arising out of or relating to Registrant's domain name
registration, renewal or pre-registration, or to the Registrant's use of the
domain name.
8. Breach
Registrant agrees that failure to abide by any provision of this
Registration Agreement or the relevant domain name dispute policy
(including, without limitation, any domain name dispute policy that
applies during a pre-registration period) may be considered by Melbourne
IT to be a material breach and that Melbourne IT may provide a notice,
describing the breach, to the Registrant. If, within thirty (30) days of
the date of such notice, the Registrant fails to provide evidence, which
is reasonably satisfactory to Melbourne IT, that it has not breached its
obligations, then Melbourne IT may delete Registrant's registration of
the domain name. Any such breach by a Registrant shall not be deemed to
be excused simply because Melbourne IT did not act earlier in response to
that, or any other, breach by the Registrant. Notice may be given by mail,
facsimile or electronic means.
9. No Warranty by Melbourne IT
Registrant agrees that neither a pre-registration application nor a
registration of a domain name grants any legal rights of ownership of the
relevant domain name, nor does it confer immunity from objection to the
pre-registration, registration or use of the domain name.
10.Acknowledgements and Warranty
10.1 Registrant acknowledges that it is Registrant's responsibility to ensure
that the domain name is renewed. Registrant agrees, in addition to the
indemnity above, to keep indemnified, release and hold harmless Melbourne IT
and the registry administrator, their directors, officers, employees and agents,
against any claim for damage or loss arising from any failure of Registrant's domain
name to be renewed by Registrant.
10.2 Registrant warrants that, to the best of Registrant's knowledge and
belief, neither its registration of a domain name nor the manner in
which it is directly or indirectly used infringes the legal rights of
a third party. Breach of this warranty will constitute a material breach.
11. Revocation
Registrant agrees that Melbourne IT may delete a Registrant's domain name
if any information required to be supplied by the Registrant under this
Registration Agreement, or subsequent modification(s) thereto, is false
or misleading, or conceals or omits any information Melbourne IT would
likely consider material to its decision to approve this Registration
Agreement.
12. Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy
may provide that registration of certain domain names is prohibited.
Melbourne IT, in its sole discretion, reserves the right to refuse to
approve the Registration Agreement for any Registrant. Registrant agrees
that the submission of this Registration Agreement does not obligate
Melbourne IT to accept this Registration Agreement. Registrant agrees
that Melbourne IT is not liable for loss or damage that may result from
Melbourne IT's refusal to accept this Registration Agreement.
13. Change in Registrar
Registrant agrees that it can change its Registrar for an existing
domain name only in accordance with registry administrator policy.
Registrant agrees it may not change its Registrar for a period of
sixty (60) days after initial registration of the domain name with
Melbourne IT.
14. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be
subject to suspension, cancellation or transfer by any ICANN procedure,
or by any registry administrator procedure approved by ICANN policy:
14.1 |
to correct mistakes by Registrar or the registry administrator
in registering the domain name; |
14.2 |
for the resolution of disputes concerning the domain name; or |
14.3 |
in case of arbitration or court proceedings being commenced with
respect to the rights to the domain name. |
In addition to the above rights, Melbourne IT may suspend or cancel the registration
of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name,
if as reasonably determined by Melbourne IT in its sole discretion, the Registrant
or any other person uses the domain name in connection with:
14.4 |
any activity that infringes the intellectual property rights
or other rights of third parties;
|
14.5 |
any activity that defames or disparages any person; or
|
14.6 |
any otherwise illegal or fraudulent activity. |
15. Non payment
Registrant agrees that failure to pay any fee for its domain name when due (as
evidenced for example by, without limitation, Registrant's credit card
company notifying Melbourne IT of Registrant disputing the payment of,
or refusing to pay such Registration fee, or where the Registrant's
credit card payment has been declined or reversed) will entitle Melbourne
IT to immediately transfer the relevant domain name from the Registrant
to Melbourne IT, at its sole discretion. Registrant acknowledges that
Melbourne IT will own all rights of the registered domain name holder
in respect of any domain name transferred to Melbourne IT under this
clause 15, including the right to sell the domain name to a third
party. Melbourne IT may in its sole discretion re-transfer the relevant
domain name to the Registrant subject to the Registrant's payment of
any outstanding Registration fee, and Registrant's payment of Melbourne
IT's then current re-transfer fee.
16. Severability
Registrant agrees that the terms of this Registration Agreement are
severable. If any term or provision is declared invalid, it shall not
affect the remaining terms or provisions, which shall continue to be
binding.
17. Entirety
Registrant agrees that this Registration Agreement and the relevant
domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is
the complete and exclusive agreement between Registrant and Melbourne
IT regarding the registration of Registrant's domain name. This
Registration Agreement and the relevant domain name dispute policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy, or precedent.
18. Governing Law
18.1 |
Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia. |
18.2 |
In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from such Courts. |
18.3 |
In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Melbourne IT is located. |
19. General
19.1 |
Nothing in this Agreement may be construed as creating the
relationship of agency partnership or joint venture between
the parties. |
19.2 |
Failure by Melbourne IT to require Registrant to comply with a
provision of this agreement does not affect the full right to
require any provision to be performed at any time thereafter. |
.com, .net, .org Domain Name Registrations
20. Payment
20.1 |
The registration fee is payable with the Application. |
20.2 |
Registration is not effective until the Registration fee has been
paid and cleared. |
20.3 |
The registration is for the full period of years selected and paid
for at the time of Application or renewal. |
20.4 |
All fees are non-refundable. |
21. Application Details
Registrant must provide to Melbourne IT the information set out in the
compulsory fields and may provide the information set out in the
discretionary fields of the Application ('Information'). Registrant
warrants that all Information provided is accurate and reliable.
Registrant undertakes to promptly correct and update Information
during the registration or renewal period and to respond within fifteen (15)
calendar days to inquiries from Melbourne IT concerning the accuracy
of compulsory Information.
22. Use of Information
22.1 |
Registrant acknowledges Information obtained from Registrant will be
22.1.1 |
transmitted to the registry administrator for registry use |
22.1.2 |
publicly available as required by ICANN |
22.1.3 |
used by Melbourne IT for inclusion in registers and data bases
produced by Melbourne IT or its licensees. |
|
22.2 |
Registrant may access data provided and rectify any incorrect data
relating to Registrant through a registry key to be provided by
Melbourne IT. Registrant may provide a written authorisation to an
agent to hold and use the registry key. Registrant must inform
Melbourne IT of its current agent as required by Melbourne IT. |
22.3 |
Registrant consents to the use of the Information for the purposes
set out in clauses 22.1.1 to 22.1.3. |
22.4 |
Registrant warrants that it has provided, or will provide, to any
third party individuals whose personal details the Registrant has
provided to Melbourne IT, the same information about use of those
details as are set out in this clause 22, and that the third parties
individually have consented to use of their personal data. |
22.5 |
Melbourne IT will not process Information in a manner incompatible
with the purposes and limitations set out in this clause 22.
Melbourne IT will process Information in accordance with the terms
of its Privacy Policy, which can be viewed at
http://www.melbourneit.com.au/privacy/. |
22.6 |
Melbourne IT will take reasonable precautions to protect personal
information obtained from Registrant from loss, misuse, unauthorised
access or disclosure, alteration or destruction. |
Multilingual Registrations
23. Special Provisions for ML.Registrations
Registrants who register an Internationalised Domain Name (hereafter
referred to as a 'Multilingual domain name') acknowledge that the
Multilingual system is at all times subject to any change in standards
published from time to time by the Internet Engineering Task Force
('IETF').
As at the date of this Agreement, IETF standards have been implemented
for .com, .net and .org Multilingual domain names.
Registrant acknowledges and agrees that any changes or amendments to
these IETF standards may cause the internal representation of a
Multilingual domain name or the licence period of a Multilingual domain
name to change, become invalid, or, be deleted. Such occurrences will be
resolved on a case-by-case basis by Melbourne IT, as they occur, to the
extent that Melbourne IT is able to do so.
No .org Multilingual domain name may be registered from the date of this
Agreement, unless Melbourne IT provides notification to the contrary.
REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE
EXTENT THAT SUCH REGISTRATION OR RENEWAL IS AVAILABLE OR PERMITTED) DO
SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT
AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND
THE REGISTRY ADMINISTRATOR, THEIR DIRECTORS, OFFICERS, EMPLOYEES AND
AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT AND
ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY
MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE OR VARIATION TO, OR ANY
RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE
INVALIDITY OF ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY
FEES PAID OR PAYABLE WILL BE MADE IF ANY MULTILINGUAL DOMAIN NAME IS
CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.
.biz, .info and .name Domain Name Pre-registrations and Registrations
24. .biz, .info and .name Domain Names
A |
Should you seek to register a .BIZ second level domain name, you
must contractually agree to the following terms:
1. |
BIZ RESTRICTIONS
Registrations in the .biz TLD must be used or intended to be
used primarily for bona fide business or commercial purposes.
For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall
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:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services,
information, or property of any kind; or, (ii) the ordinary
course of trade or business.
Registering a domain name solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a "bona fide
business or "commercial use" of that domain name.
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2. |
BIZ CERTIFICATION
As a .biz domain name Registrant, you hereby certify to the
a) The registered domain name will be used primarily for bona
fide business or commercial purposes and not (i) exclusively
for personal use; or (ii) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation. For more information on the
.biz restrictions, which are incorporated herein by reference,
please see:
http://www.neulevel.biz/faqs/biztld_qa.html#2
b) The domain name Registrant has the authority to enter into
the registration agreement; and
c) The registered domain name is reasonably related to the
Registrant's business or intended commercial purpose at the
time of registration.
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3. |
PROVISION OF REGISTRATION DATA
3.1 |
Provision of Registration Data.
As part of the registration process, you are required to
provide the registry administrator with certain information
and to update this information to keep it current, complete
and accurate. This information includes:
(i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available;
(ii) the name of an authorized person for contact purposes
in the case of a Registrant that is an organization,
association, or corporation;
(iii) the IP addresses of the primary nameserver and any
secondary nameserver(s) for the domain name;
(iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(vii) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
(viii) any remark concerning the registered 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/Registry Policy and may be
sold in bulk in accordance with the ICANN Accreditation
Agreement (the "ICANN Agreement"), available at ICANN's
site. For bulk services in respect of the registration data
which are provided by Melbourne IT, if the Registrant does
not consent to the use of such information for inclusion in
registers and data bases produced by Melbourne IT or its
licensees, then the Registrant is required to provide non
consent verification stating name, address, date and signed
by the appropriate authorised individual. This must be sent
to Melbourne IT Limited, 120 King Street, Melbourne 3000
Australia. |
3.2 |
Inaccurate or Unreliable Data.
You hereby represent and warrant 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 the information provided up to date. Your willful
provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to
the registry administrator, or any failure to respond for
over five calendar days to our inquiries addressed to the
e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with respect
to an domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of
any domain name(s) registered by or through you or your
account, shall constitute a breach of this Agreement. Any
information collected by the registry administrator
concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN
Agreement or any ICANN/Registry Policy. |
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4. |
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .biz domain name through the
registry administrator, you agree to be bound by our current
domain name dispute policy that is incorporated herein and made
a part of this Agreement by reference. Please take the time to
familiarize yourself with that policy. In addition, 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:
i. The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.biz/ardp/docs/stop.html; and
ii. The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP sets forth the terms and conditions in connection with
a dispute between a Registrant of a .biz domain name
("Registrant") with any third party (other than registry
administrator or registrar) over the registration or the use of a
.biz domain name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual Property
Claim Service is a service introduced by Registry administrator
to notify a trademark or service mark holder ("Claimant") that a
second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with
the STOP and its associated Rules, those Claimants will have the
right to challenge registrations through independent
ICANN-accredited dispute resolution providers. 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
enforced on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or
through Registry administrator. Registry administrator will not
review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP
or UDRP processes.
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5. |
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that the registry administrator, in its sole
discretion, may modify its dispute policy. The registry
administrator will post any such revised policy on its Website
at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration
of your domain name after modifications to the dispute policy
become effective, you have agreed to these modifications. |
6. |
RESERVATION OF RIGHTS
Melbourne IT and the .biz registry administrator, NeuLevel, Inc.
expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal,
on the part of Melbourne IT and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and
employees. Melbourne IT and NeuLevel, Inc. also reserve the
right to freeze a domain name during resolution of a dispute. |
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B |
Should you seek to register a .INFO second level domain name, you
must contractually agree to the following terms:
1. |
Registrant consents to the use, copying, distribution,
publication, modification, and other processing of the
Registrant's Personal Data by the .INFO registry administrator,
and its designees and agents in a manner consistent with the
purposes specified pursuant in its contract with ICANN. |
2. |
Registrant agrees to submit to proceedings under the UDRP
Dispute Policy and comply with the requirements set forth by the
registry administrator for domain names registered during the
Sunrise Period, These policies are subject to modification by
the registry administrator. |
3. |
Registrant agrees to immediately correct and update the
registration information for any domain name during its
registration term, failure to correct this information shall
constitute a breach of this Agreement. Registrant acknowledges
that the registry administrator will have no liability of any
kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush
Period including, without limitation: (a) the ability or
inability of a Registrant to obtain a domain name during either
the Sunrise or Land Rush periods, and (b) the results of any
dispute over a domain name registration which is processed
during the Sunrise period. |
4. |
Registrar and the registry administrator expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any applicable dispute resolution process,
or to avoid any liability, civil or criminal, on the part of
Registrar and/or the registry administrator as well as their
affiliates, subsidiaries, officers, directors and employees.
Registrar and the registry administrator also reserve the right
to freeze a domain name during resolution of a dispute. |
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C |
Should You seek to register a .name third level domain name you
must contractually agree to the following terms:
1. |
You acknowledge that your right to register a .name domain name
is subject to You complying with the .name eligibility
requirements, which are set out on the website of the .name
registry administrator, and which are currently located at
http://www.gnr.name/ (the "Eligibility Requirements").
You agree that your registration of any .name domain name will
be in compliance with the terms of the Eligibility Requirements,
as these may be amended by the .name registry administrator
from time to time. |
2. |
You acknowledge that your right to register a .name domain name
is subject to You complying with the .name acceptable use
policy, which is set out on the website of the registry
administrator, and which is currently located at
http://www.gnr.name/ (the "Acceptable Use Policy").
You agree that Your registration of any .name domain name will
be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .name registry administrator from
time to time. |
3. |
In addition to the UDRP Process described in Clause 4, You agree
that on successful registration of a .name domain name, You will
be bound by the Eligibility Requirements Disputes Resolution
Policy (the "ERDRP"). The ERDRP is set out on the website of
the registry administrator, and is currently located at
http://www.gnr.name/,
and should be read in conjunction with the following related
information:
i) Summary of Eligibility Requirements Dispute Resolution Policy
(which is currently located at http://www.gnr.name/);
ii) Disputes: Filing a Complaint (which is currently located at
http://www.gnr.name/);
iii) ERDRP Rules (which is currently located at
http://www.gnr.name/);
and
iv) ERDRP Dispute Resolution Providers (which is currently
located at http://www.gnr.name/).
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You agree to be bound by the ERDRP, as this policy (and any related
information as described above) may be amended from time to time by
the registry administrator.
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