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DOMAIN
REGISTRATIONS PTY LTD (ACN 083 886 079)
TERMS AND CONDITIONS
IMPORTANT
REGISTRATION AGREEMENT
READ THIS AGREEMENT CAREFULLY
You ("the Applicant") should carefully read the following terms
and conditions before accepting or using this service. Unless
you have a different license agreement signed by Domain Registrations
Pty Ltd (ACN 083 886 079) ("Domain Reg") your acceptance of these
terms in accordance with the procedure set out at the end of the
Agreement or use of these services in any manner indicates your
acceptance of the Terms and Conditions. You hereby acknowledge
you have read understood and accept these Terms and Conditions
in respect of the registration of your selected Domain Name.
1.
DOMAIN REGISTRATIONS
1.1
Domain Name Registration
Domain Reg shall, subject to the terms of this Agreement, apply
to register the Name on behalf of the Applicant.
1.2
Maintenance of Registration
Once the Name has been successfully registered, the Applicant
shall pay the Annual Maintenance Fee to Domain Reg within the
prescribed time limit in accordance with the invoice issued in
order to maintain the registration of the Name.
1.3
No Use
Domain Reg do not warrant or guarantee that the Name will be registered
or is capable of being registered and the Applicant covenants
not make any use of the Name until such time as Domain Reg has
notified the Applicant that the Name has been successfully registered.
1.4
Indemnity for Use
The Applicant indemnifies Domain Reg in respect of any Claim arising
from its unauthorised use of the Name prior to notification by
Domain Reg that the Name has been registered.
1.5
Use Subject to Naming Authorities
The Applicant acknowledges that its ongoing use is subject to
relevant naming authorities terms and conditions and the Applicant
is solely responsible for ensuring that the Name does not breach
any other persons business name, company name, trademark, tag,
logo or breach any other person's intellectual property rights.
Naming Authority Terms and Conditions:
.com,
.net, .org Domain Names
..AU
Domain Names
2.
WARRANTIES AND INDEMNITIES
2.1
No Responsibility for Loss
Domain Reg shall not be responsible for any damage, loss or Claim
arising out of the refusal of the naming authority to register
a Name.
2.2
Consents and Authorities
The Applicant is solely responsible for obtaining and maintaining
any and all necessary intellectual property rights clearances
and other consents and authorisations, necessary for its proposed
use of the Name.
2.3
Indemnity
The Applicant indemnifies and shall keep indemnified Domain Reg
against any Claim brought against Domain Reg by a third party
resulting from provision of services by Domain Reg to the Applicant,
registration of the Name and the Applicant's use of the Name and
in respect of all Claims whatsoever suffered and howsoever incurred
by Domain Reg in consequence of the Applicant's breach or non-observance
of these terms.
3. FEES
3.1
No Refund
The Administration Charge paid by the Applicant to Domain Reg
is non-refundable in any event whether or not the naming authority
accepts or rejects the application to register the Name or following
it is initial registration its subsequently cancelled or rejected.
3.2
Fees
The Applicant agrees to pay the Fees to Domain Reg, as and when
they become due and payable and acknowledges that a failure to
do so will result in cancellation or deregistration of the Name.
3.3
Failure to Pay
In the event that the Applicant fails to pay the Fees as and when
they become due and payable, Domain Reg may, without notice to
the Applicant, cease to provide the hosting service of the Applicants
Name.
3.4
No Liability
The Applicant hereby releases Domain Reg from any Claim arising
out of the disconnection or cancellation of its Name and Domain
Reg shall not be liable for any Claim or loss whatsoever suffered
by the Applicant as a result of the disconnection or deregistration
4.
TERMINATION
4.1 Immediate Termination
Domain Reg may terminate the Agreement forthwith upon failure
of the Applicant to pay the Fees as and when they become due and
payable.
4.2
Upon Notice
This Agreement may be terminated forthwith by either party upon
the failure by a party to rectify any breach of the Agreement
within seven (7) days following written notice of such breach.
4.3
Effect of Termination
On termination of this Agreement, Domain Reg shall be entitled
immediately to block any web site allocated to the Name and cease
operation of e-mail services. The Applicant indemnifies and shall
hold harmless, Domain Reg for any Claim, which arises or is made
against it as a consequence of the termination of this Agreement.
5.
NAME WARRANTIES
The
Applicant warrants:
(a) that the information provided in any Application or request
for registration of the Name is complete, true and correct;
(b)
the listing and proposed use by the Applicant of the Name will
not infringe the rights of any third party including the intellectual
property of any third party;
(c)
the listing or proposed use by the Applicant of the Name is not
unlawful.
6.
ASSIGNMENT
The Applicant shall not be entitled to assign its Rights or Obligations
under this Agreement.
7.
PROPER LAW, JURISDICTION
7.1
Choice of law
This Agreement is governed by and construed in accordance with
the laws of Queensland.
7.2
Jurisdiction
Actions, suits or proceedings relating in any way to this Agreement
or documents or dealings contemplated by it, may be instituted,
heard and determined in a court of competent jurisdiction in Queensland.
7.3
Submission to jurisdiction
Each party irrevocably submits to the non-exclusive jurisdiction
of such court for the purpose of any such action, suit or proceeding.
8. GENERAL PROVISIONS
8.1 Waiver
The
non-exercise of or delay in exercising a Right of a party shall
not operate as a waiver of that Right, nor does a single exercise
of a Right preclude another exercise of it or the exercise of
other Rights. A Right may only be waived by Notice, signed by
the party (or its Authorised Representative) to be bound by the
waiver.
8.2
Acceptance
Each party to this Agreement acknowledges they can be and are
immediately bound if they signify to the other their acceptance
of the terms and conditions in the same manner as if they had
signed the Agreement.
8.3
Liability of parties
If a party consists of more than one person:
(a)
an Obligation of those parties is a joint Obligation of all of
them and a several Obligation of each of them;
(b)
a Right given to those parties is a Right given jointly and severally
to each of them, and if exercised by one of them, is deemed to
be exercised jointly; and
(c)
a representation, warranty or undertaking made by those parties
is made by each of them.
8.4
Counterparts
This Agreement may be signed, executed or accepted in a number
of counterparts, with the same effect as if the signatures to
or execution of each counterpart were on the same instrument.
8.5
Warranty of authority
Each person signing or accepting the terms and conditions of this
Agreement:
(a)
as attorney, by so doing, warrants to the other parties that,
as at the date of signing, the signatory has not received notice
or information of the revocation of the power of attorney appointing
that person; and
(b)
as an Authorised Representative, agent or trustee of a party,
warrants to the other parties that, as at the date of signing,
the signatory has full authority to execute or accept this Agreement
on behalf of that party.
8.6
Severability
This Agreement shall, so far as possible, be interpreted and construed
so as not to be invalid, illegal or unenforceable in any respect,
but if a provision, on its true interpretation or construction
is held to be illegal, invalid or unenforceable:
(a)
that provision shall, so far as possible, be read down to the
extent that it may be necessary to ensure that it is not illegal,
invalid or unenforceable and as may be reasonable in all the circumstances
so as to give it a valid operation; or
(b)
if the provision or part of it cannot effectively be read down,
that provision or part of it shall be deemed to be void and severable
and the remaining provisions of this Agreement shall not in any
way be affected or impaired and shall continue notwithstanding
that illegality, invalidity or unenforceability.
8.7
Delivery as a deed
Subject to express provisions in this Agreement to the contrary,
each party by signing or accepting this Agreement is deemed to
have unconditionally signed, sealed and delivered this Agreement
as a deed, with the intention of being immediately legally bound
by this Agreement.
9.
DEFINITIONS AND INTERPRETATION
9.1
Definitions
In this Agreement, unless the context or subject matter otherwise
require:
"Administration
Fee" means the fee payable by the Applicant to Domain Reg
at the time of the application to register a Name;
"Agreement"
means this deed, (including the recitals, schedules, appendices
and exhibits to it), as it may later be amended or supplemented
by the parties in writing;
"Annual
Maintenance Fee" means the fee payable to Domain Reg for the
maintenance of the registration of the Name.
"Applicant" means you or the entity applying to Domain
Reg for registration of a Name;
"Authorised Representative" means:
(a)
in respect of a party which is a corporation:
(i)
a company secretary or director or any officer of the corporation
whose title or office includes the words "manager" or "director";
or
(ii)
a person acting with the title or in the office of manager or
director; and
(b)
in respect of each party, a solicitor of that party or a person
nominated by Notice to the other party as an authorised representative;
"Claim"
means, in relation to a person, a claim, demand, remedy, suit,
injury, damage, loss, cost, liability, action, proceeding, right
of action, claim for compensation or reimbursement or liability
incurred by or to be made or recovered by or against the person,
however arising and whether ascertained or unascertained, or immediate,
future or contingent;
"Domain
Reg" means Domain Registrations Pty Ltd (ACN 083 886 079);
"Fees"
means any fee or charge by Domain Reg rendered from time to time
and payable by the including the Administration Fee and the Annual
Maintenance Fee;
"Government
Authority" means any local, State or Federal government, a
Minister or government department of each of those governments,
a corporation or authority constituted for a public purpose, the
holder of an office for a public purpose, a local authority and
any agent or employee of any of them;
"Name"
means the name selected by the Applicant for registration and
use as an internet domain name;
"Notice" means a written notice, consent, approval, direction,
order or other communication;
"Obligation"
means any legal, equitable, contractual, statutory or other obligation,
agreement, covenant, commitment, duty, undertaking or liability;
"Related
Body Corporate" of a body corporate is a body corporate which
is related to that body corporate within the meaning of section
50 of the Corporations Law; and
"Right"
includes a legal, equitable, contractual, statutory or other
right, power, authority, benefit, privilege, remedy, discretion
or cause of action.
9.2 Interpretation
In the interpretation of this Agreement, unless the context or
subject matter otherwise require:
(a)
singular includes plural and vice versa;
(b)
any gender includes every gender;
(c)
a reference to a person includes corporations, trusts, associations,
partnerships, a Government Authority, and other legal entities,
and where necessary, include successor bodies;
(d)
references to writing include printing, typing, facsimile and
other means of representing or reproducing words, figures, drawings
or symbols in a visible and tangible form, in English;
(e)
references to signature and signing include due execution of a
document by a corporation or other relevant entity;
(f) references to months mean calendar months;
(g)
references to statutes include statutes amending, consolidating
or replacing the statutes referred to and all regulations, orders-in-council,
rules, by-laws and ordinances made under those statutes;
(h)
references to sections of statutes or terms defined in statutes
refer to corresponding sections or defined terms in amended, consolidated
or replacement statutes;
(i)
headings and the table of contents are used for convenience only
and are to be disregarded in the interpretation of this Agreement;
(j) where any word or phrase is given a defined meaning, another
grammatical form of that word or phrase has a corresponding meaning;
(k) each paragraph or sub-paragraph in a list is to be read independently
from the others in the list;
(l)
a reference to an agreement or document is to that agreement
or document as amended, novated, supplemented or replaced
from time to time; and
(m) a reference to a party includes that party's executors, administrators,
substitutes, successors and permitted assigns.
Hosting Terms Of Service
The Terms of Service and Conditions provides the registered
member with DomainReg's services, policies and a statement
of what is allowed and not allowed, thereby giving you practical
but precise approaches for what is acceptable to DomainReg.
By registering with DomainReg as a Member you agree to use
the DomainReg Site in a manner consistent with all applicable
laws and regulations and in accordance with the terms and conditions
outlined below:
Price and Payment
The Member authorizes DomainReg to charge all fees due to
the submitted payment details.
All hosting contracts are automatically renewed and payment
invoiced for another term unless a written notice of cancellation
has been given by either party before the renewal date / anniversary
date.
If an account has been setup and fees are not paid, DomainReg
has the right to immediately close the account and to refuse
service.
Definition
DomainReg provides its Members with storage space for their
Web Site.
You must agree to accept our email messages as part of their
service. We only use email to inform you of new membership
benefits and features and to let you know of urgent problems
on our site.
DomainReg is not responsible for the content of any personal
Web Site, and the views expressed by any of its Members are
the responsibility of the posting Member and not DomainReg.
DomainReg does not review Web pages in any way before they
appear on the Member area of the Site.
DomainReg reserves the right to modify or remove anything submitted to DomainReg,
and to cancel membership at anytime. Any site that violates the following guidelines
will be immediately removed from DomainReg.
Member's Web pages cannot contain or provide links to:
- Nudity, pornography, and sexual material of a lewd, lecherous
or obscene nature and intent or that violate local, state
and national laws.
- Any material that violates or infringes in any way upon
the rights of others, including, without limitation, copyright
or trademark rights; this includes "WAREZ" (copyrighted
software that is distributed illegally), "mp3" files
of copyrighted music, copyrighted photographs, text, video
or artwork. If you don't own the copyright or have documented
permission to use it, don't put it on your site at DomainReg.
- Any material that is threatening, abusive, harassing, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane, indecent, or otherwise objectionable; this includes
posting other peoples' private information.
- Content that promotes, encourages, or provides instructional
information about illegal activities---specifically hacking,
cracking, or phreaking.
- Any software, information, or other material that contains
a virus, "Trojan Horse", corrupted data, or any
other harmful or damaging component;
- Hate propaganda or hate mongering, swearing, or fraudulent
material or activity;
- Using in the registration of your DomainReg Membership
an email account that is or becomes inactive or that is not
your own email Account.
DomainReg may terminate Membership and any and all information,
communications, Postings, or Web pages at any time, without
notice, for conduct that violates this Agreement or other policies
or guidelines set out by DomainReg elsewhere on the Site. DomainReg
may terminate Membership and delete any and all information,
communications, Postings, or Web pages for online conduct that
DomainReg believes is harmful to other Members, the business
of DomainReg, or other third-party information providers.
DomainReg provides space for Member Web pages but makes no implied or express
warranties about the reliability of these pages. DomainReg is not responsible
for any damage caused by loss of access to, or deletion or alteration of Member
pages; individual Members are responsible for monitoring and creating backups
of their pages not DomainReg.
If DomainReg becomes aware of the presence of copyright infringing material
on its server either in the course of its ordinary and reasonable business
activities, or through notification by a third party who alerts DomainReg,
preferably by certified mail, of the specific location of the alleged presence
of such materials, DomainReg will:
1. Contact the Member responsible for the page and alert him
or her of the allegations of copyright infringement and notify
the person that within five days he or she must respond as
to why the allegedly infringing material does not infringe
the purported copyright. DomainReg will also alert the Member
that absent such a response, DomainReg reserves the right to
delete the page/site; and
2. If the Member fails to respond within five days, DomainReg will make a decision
whether to remove the page/site. If the alerted party responds to the allegations
and claims the page is not infringing, DomainReg will either forward the response
to the third party alleging the infringement, or in the case that DomainReg
has discovered the infringement, make a decision whether to remove the page.
If in its sole discretion, DomainReg concludes that one of its Member's home
pages contains a particularly flagrant copyright violation, DomainReg reserves
the right to delete the offending home page at any time.
Privacy
All information provided by a Member is strictly confidential. DomainRegreserves
the right to distribute aggregated demographic information provided by Members,
but will never release the name or other personal information about a Member
without the permission of that Member. However, DomainReg reserves the right
to release current or past member information in the event:
- DomainReg believes that the membership is being or has
been used in violation of the Terms of Service,
- or to commit unlawful acts,
- or if the information is subpoenaed,
- or when DomainReg deems it necessary or appropriate.
The exchange between DomainReg and the Member of information such as passwords
or electronic mail may not be secure given the current state of Internet
technology. DomainReg encourages Members to change their passwords frequently.
Liability and Guarantee
The Member agrees that the use of the Site is entirely at
the Member's own risk. The Site is provided on an "as
is" basis without warranties of any kind, either expressed
or implied, constructive, or statutory, including, without
limitation, any implied warranties of merchantability, non-infringement
or fitness for a particular purpose.
DomainReg is not responsible for the delivery or quality of any goods or services
sold or advertised through or on DomainReg members' page(s).
DomainReg makes no guarantee of availability of service and reserves the right
to change, withdraw, suspend, or discontinue any functionality or feature of
the DomainReg service. In no event will DomainReg be liable for any damages,
including, without limitation, direct, indirect, incidental, special, consequential,
or punitive damages arising out of the use of or inability to use DomainReg's
services or any content thereon. This disclaimer applies, without limitation,
to any damages or injury, whether for breach of contract, tort, or otherwise,
caused by any failure of performance; error; omission; interruption; deletion;
defect; delay in operation or transmission; computer virus; file corruption;
communication-line failure; network or system outage; or theft, destruction,
unauthorized access to, alteration of, or use of any record.
Indemnity
The Member agrees to indemnify and hold DomainReg harmless
from any loss, liability, claims, damages and expenses, including
attorneys' fees, arising from or related to the content, use,
or deletion of the Member's pages or use of any other DomainReg
feature or service. This expressly includes:
(i) Member's responsibility for any and all liability arising
from the violation or infringement of proprietary rights or
copyrights, and
(ii) Any defamatory or unlawful material contained within Member Web pages
or Postings.
Merger
This document supersedes all previous agreements, proposals
and communications, either written or verbal. DomainReg reserves
the right to change or amend these Terms of Service at any
time without prior notice. By becoming a DomainReg Member,
you signify your agreement to these Terms of Service. |
