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Service Terms & Conditions
Please scroll down for the appropriate terms and
condition's for your service:
1. Web hosting terms & Conditions
2. Dedicated Server Terms & Conditions
3. Media Server Terms & Conditions
4. Domain Name Terms & Conditions
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WEB HOSTING TERMS & CONDITIONS:
Xcellweb Internet Services/UK PC Net
is a
provider of shared and reseller web hosting
solutions. All shared, reseller and sub-reseller
(defined as any shared account setup and hosted
under a reseller account) are subject to
agreement and compliance of the terms and
conditions described in this document/webpage.
Under the terms of this agreement, your
placement of information on our servers is an
acknowledgement that you have read, understand,
and agree to be bound by terms and conditions
below.
Acceptable Use
Xcellweb Internet Services services may only be
used for lawful purposes. Transmission of any
material in violation of International, Country,
County, Federal or State regulation is
prohibited. This includes but is not limited to:
material legally judged to be threatening or
obscene, or material protected by trade secret
laws.
If you are found in violation of the Xcellweb
Internet Services Acceptable Use Policy and
Terms of Use, your account may be terminated
without notice and you will forfeit all of the
money that has been paid to us.
Examples of content that is not acceptable on
Xcellweb Internet Services services: "Pirated
software" or "Warez", "Hacker programs and/or
archives", "IRC Bots", "Gambling Related",
"Copyrighted Mp3's".
You specifically agree to indemnify and hold
Xcellweb Internet Services harmless from any
claims resulting from a breach of these terms,
and/or their use of the service, which damages
another.
Warez - Includes pirated software, ROMS,
emulators, phreaking, hacking, and password
cracking. IP spoofing, etc., and encrypting of
any of the above. Also includes any sites which
provide "links to" or "how to" information about
such material.
Adult Web Sites
Shared/Reseller Hosting - Xcellweb
Internet Services do NOT allow websites
hosting adult orientated content of any kind. If
you are unsure as to whether your website would
be allowed, please contact us to verify it.
Spam
SPAM in any shape or form is NOT
permitted and is grounds for immediate account
termination. Mailing lists via a mailing list
manager are acceptable as long as the lists are
OPT-IN list that people have signed up for. Spam
complaints from other users will not be
tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not
permitted on the network in any of its many
forms including, but not limited to: bots and
IRC servers. CGI based forums are NOT allowed on
Xcellweb Hosting Services shared and reseller
web servers due to their inefficiency. Please
use a PHP based forum instead. If you are in
doubt, please contact us.
Intellectual Property Rights
You shall obtain any and all necessary consents
and clearances to enable you lawfully to make
use of all and any intellectual property rights
through the Services, including without
limitation, clearance and/or consents in respect
of your proposed domain name.
Service Availability
We shall use our reasonable endeavours to make
available to you at all times the Server and the
Services but we shall not, in any event, be
liable for interruptions of Service or down-time
of the Server. Our network uptime Service Level
Agreement is 99.9% This covers network downtime
as a result of a main data centre power failure,
but not an isolated router/server. This does not
cover server hardware or software failure or
downtime as a result of an individual person(s)
ISP routing or peering issues.
We shall have the right to suspend the Services
at any time and for any reason although we will
inform you of any action that is to be taken and
how long it will last for. We do not tolerate
more than one login session under any one
account at any one time. User programs may be
run only during login sessions. If your account
is found to have been transferred to another
party, or shows other activity in breach of this
sub clause, we shall have the right to cancel
the account and terminate the Services and/or
this Agreement immediately.
99.9% Network Uptime Service Level
Agreement
Our 99.9% network uptime service level
agreement applies to all shared and reseller web
hosting clients on our UK network only. Should
the network uptime fall below 99.9% over a 3
month period, the all clients will be refunded
using the following method; For the first hour
past the 99.9% threshold, all clients will
receive a credit of 10.00% of their monthly
cost. For each hour after the initial hour, each
client will receive a further credit of 5.00% of
their monthly fee up to a maximum credit is
100.00% of the clients monthly fee. The credit
will be deducted from the clients next invoice.
If the client decides to leave as a result of
the downtime incurred, then the client can opt
to have their credit mailed to them in the form
of a cheque or sent via PayPal.
Fines & Charges
Xcellweb Internet Services reserve the right to
levy a penalty fee of £10.00 GBP per violation
of the Terms & Conditions of Service Agreement.
Legal
Xcellweb Internet Services expects that its
subscribers who provide Internet services to
others will comply fully with all applicable
laws concerning the privacy of on-line
communications. A subscriber's failure to comply
with those laws will violate our policy.
Finally, Xcellweb Internet Services wishes to
emphasize that in signing the service agreement,
subscribers indemnify Xcellweb Internet Services
for any violation of the service agreement, law,
or Xcellweb Internet Services policy, which
results in loss to Xcellweb Internet Services or
the bringing of any claim against Xcellweb
Internet Services by any third-party. This means
that if Xcellweb Internet Services is sued
because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay
any damages awarded against Xcellweb Internet
Services, plus costs and reasonable attorneys'
fees.
Limitation Of Liability
All conditions, terms, representations and
warranties relating to the Services supplied
under this Agreement, whether imposed by statute
or operation of law or otherwise, that are not
expressly stated in these terms and conditions
including, without limitation, the implied
warranty of satisfactory quality and fitness for
a particular purpose are hereby excluded.
Our total aggregate liability to you for any
claim in contract, tort, negligence or otherwise
arising out of or in connection with the
provision of the Services shall be limited to
the charges paid by you in respect of the
Services, which are the subject of any such
claim.
In any event no claim shall be brought unless
you have notified us of the claim within 6
months of it arising.
In no event shall we ever be liable to you
for any loss of business, contracts, profits or
anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the
other may be sent by either email, fax or
recorded delivery to the address of the other
party as appearing in this Agreement or
ancillary application forms or such other
address as such party may from time to time have
communicated to the other in writing, and if
sent by email shall unless the contrary is
proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission
report, or if sent by recorded delivery shall be
deemed to be served two days following the date
of posting.
Payment
All accounts are set up on a prepay and
pro-rated basis. Unless otherwise notified,
payment is due on the 1st of each month for
monthly payments or a year following the date
the account was established for annual payments.
If payment is not paid on or before the due
date, Xcellweb Internet Services will suspend
the service after 5 days of non-payment. The
service will remain suspended for 28 days, after
which the account will be terminated, the data
will be wiped from the server(s) and the client
will be removed from our records. The client
will then become liable for any setup charges
incurred due to the setup of a new account.
If you have problems making payment by the due
date, it is important that you contact us as
soon as possible to let us know your reasons and
circumstances. We strongly consider all
situations and we may be able to help you.
Instant Activation Terms
All shared hosting account's are setup
automatically by our systems upon receipt of
payment and verification of fraud checks. Our
system automatically check's each client signing
up to prevent fraud. Instant activation is not
guaranteed and if you fail a fraud check,
further checks will be made prior to your
account being activated.
Xcellerate Terms
All new reseller hosting customers are
eligible for our "Xcellerate" scheme providing
that the client meets the following conditions:
- The account domain name and/or owner has not
benefited from this offer in the previous 18
months.
- The account is not used for anything banned in
these terms and conditions.
- This offer cannot be used by existing
customers for further accounts.
This scheme is solely aimed at helping start
up resellers to afford the costs of setting up
their new hosting business etc. It can be
withdrawn at any time, but clients already
taking advantage of the scheme will remain
immune from such changes. If at any time a
client is found to be breaking the terms and
conditions, we reserve the right to end the
scheme prematurely on their account in the next
month.
To take advantage of the initial discount of
75.00%, the client must use the promotion code "XCELLERATE"
when ordering. For the subsequent 50.00% and
25.00% discount's, the account will credited
against each invoice by a member of staff.
Headings
Headings are included in this Agreement for
convenience only and shall not affect the
construction or interpretation of this
Agreement.
Entire Agreement
These terms and conditions together with any
documents expressly referred to in them, contain
the entire Agreement between us relating to the
subject matter covered and supersede any
previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in
relation to such matters. No oral explanation or
oral information given by any party shall alter
the interpretation of these terms and
conditions. In agreeing to these terms and
conditions, you have not relied on any
representation other than those expressly stated
in these terms and conditions and you agree that
you shall have no remedy in respect of any
misrepresentation, which has not been made
expressly in this Agreement. Misuse Of Resources
including but not limited to employing
applications which consume excessive CPU time.
Chat/IRC, web proxy and mailing list scripts are
not allowed on our network under any
circumstances. Streaming media can be a drain on
web server resources and as such is not allowed.
CGI based message forums which use flat file
databases are often found to use excessive
system resources, to avoid disappointment please
use a PHP/ASP message forum.
If you are unsure about content you intend to
place on our network, please check with us
before you do. We reserve the right to determine
what constitutes acceptable use. We may amend
these terms of service with or without notice.
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DEDICATED SERVER TERMS & CONDITIONS
Xcellweb Internet Services/WirralNet is a
provider of dedicated server
solutions. All accounts and servers are subject to
agreement and compliance of the terms and
conditions described in this document/webpage.
Under the terms of this agreement, your
placement of information on our servers is an
acknowledgement that you have read, understand,
and agree to be bound by terms and conditions
below.
Acceptable Use
Xcellweb Internet Services services may only be
used for lawful purposes. Transmission of any
material in violation of International, Country,
County, Federal or State regulation is
prohibited. This includes but is not limited to:
material legally judged to be threatening or
obscene, or material protected by trade secret
laws.
If you are found in violation of the Xcellweb
Internet Services Acceptable Use Policy and
Terms of Use, your account may be terminated
without notice and you will forfeit all of the
money that has been paid to us.
Examples of content that is not acceptable on
Xcellweb Internet Services services: "Pirated
software" or "Warez", "Hacker programs and/or
archives", "IRC Bots", "Gambling Related",
"Copyrighted Mp3's".
You specifically agree to indemnify and hold
Xcellweb Internet Services harmless from any
claims resulting from a breach of these terms,
and/or their use of the service, which damages
another.
Warez - Includes pirated software, ROMS,
emulators, phreaking, hacking, and password
cracking. IP spoofing, etc., and encrypting of
any of the above. Also includes any sites which
provide "links to" or "how to" information about
such material.
Adult Web Sites
Xcellweb Internet Services does allow websites
hosting adult orientated content on its network,
provided it is in full compliance with
applicable laws in all UK, US and European
states and countries.
Spam
SPAM in any shape or form is NOT
permitted and is grounds for immediate account
termination. Mailing lists via a mailing list
manager are acceptable as long as the lists are
OPT-IN list that people have signed up for. Spam
complaints from other users will not be
tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not
permitted on the network in any of its many
forms including, but not limited to: bots and
IRC servers. CGI based forums are NOT allowed on
Xcellweb Hosting Services shared and reseller
web servers due to their inefficiency. Please
use a PHP based forum instead. If you are in
doubt, please contact us.
Intellectual Property Rights
You shall obtain any and all necessary consents
and clearances to enable you lawfully to make
use of all and any intellectual property rights
through the Services, including without
limitation, clearance and/or consents in respect
of your proposed domain name.
Service Availability
We shall use our reasonable endeavours to make
available to you at all times the Server and the
Services but we shall not, in any event, be
liable for interruptions of Service or down-time
of the Server. Our network uptime Service Level
Agreement is 99.9% This covers network downtime
as a result of a main data centre power failure,
but not an isolated router/server. This does not
cover server hardware or software failure or
downtime as a result of an individual person(s)
ISP routing or peering issues.
We shall have the right to suspend the Services
at any time and for any reason although we will
inform you of any action that is to be taken and
how long it will last for. We do not tolerate
more than one login session under any one
account at any one time. User programs may be
run only during login sessions. If your account
is found to have been transferred to another
party, or shows other activity in breach of this
sub clause, we shall have the right to cancel
the account and terminate the Services and/or
this Agreement immediately.
Server hardware is the responsibility of
Xcellweb Internet Services. If you server fails
due to hardware fault, we are under obligation
to replace the defective hardware, free of
charge. If your server is found to have no
hardware fault, but instead a software fault, we
reserve the right to charge you £24.50 per every
15 minutes for the time a NOC engineer takes to
repair the fault and bring the server back
online. At weekends, the charge is a minimum of
one (1) hour. All server hardware support is
provided on a best effort basis and with no
guarantee's or SLA's. Please contact us for
information on obtaining an SLA to be used in
conjunction with your server.
Fines & Charges
Xcellweb Internet Services reserve the right to
levy a penalty fee of £10.00 GBP per violation
of the Terms & Conditions of Service Agreement.
We also reserve the right to levy any further
charges detailed in any part of these terms and
conditions.
If your server is disconnected due to
non-payment/late-payment, then the cost will be
£49.00GBP to have it re-connected. This charge
is halved to £24.50 if your server is a
collocated server with us.
Legal
Xcellweb Internet Services expects that its
subscribers who provide Internet services to
others will comply fully with all applicable
laws concerning the privacy of on-line
communications. A subscriber's failure to comply
with those laws will violate our policy.
Finally, Xcellweb Internet Services wishes to
emphasize that in signing the service agreement,
subscribers indemnify Xcellweb Internet Services
for any violation of the service agreement, law,
or Xcellweb Internet Services policy, which
results in loss to Xcellweb Internet Services or
the bringing of any claim against Xcellweb
Internet Services by any third-party. This means
that if Xcellweb Internet Services is sued
because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay
any damages awarded against Xcellweb Internet
Services, plus costs and reasonable attorneys'
fees.
Limitation Of Liability
All conditions, terms, representations and
warranties relating to the Services supplied
under this Agreement, whether imposed by statute
or operation of law or otherwise, that are not
expressly stated in these terms and conditions
including, without limitation, the implied
warranty of satisfactory quality and fitness for
a particular purpose are hereby excluded.
Our total aggregate liability to you for any
claim in contract, tort, negligence or otherwise
arising out of or in connection with the
provision of the Services shall be limited to
the charges paid by you in respect of the
Services, which are the subject of any such
claim.
In any event no claim shall be brought unless
you have notified us of the claim within 6
months of it arising.
In no event shall we ever be liable to you
for any loss of business, contracts, profits or
anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the
other may be sent by either email, fax or
recorded delivery to the address of the other
party as appearing in this Agreement or
ancillary application forms or such other
address as such party may from time to time have
communicated to the other in writing, and if
sent by email shall unless the contrary is
proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission
report, or if sent by recorded delivery shall be
deemed to be served two days following the date
of posting.
Payment
All accounts are set up on a prepay and
pro-rated basis. Unless otherwise notified,
payment is due on the 1st of each month for
monthly payments or a year following the date
the account was established for annual payments.
If payment is not paid on or before the due
date, Xcellweb Internet Services will suspend
the service after 5 days of non-payment. The
service will remain suspended for 28 days, after
which the account will be terminated, the data
will be wiped from the server(s) and the client
will be removed from our records. The client
will then become liable for any setup charges
incurred due to the setup of a new account.
If you have problems making payment by the due
date, it is important that you contact us as
soon as possible to let us know your reasons and
circumstances. We strongly consider all
situations and we may be able to help you.
Headings
Headings are included in this Agreement for
convenience only and shall not affect the
construction or interpretation of this
Agreement.
Entire Agreement
These terms and conditions together with any
documents expressly referred to in them, contain
the entire Agreement between us relating to the
subject matter covered and supersede any
previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in
relation to such matters. No oral explanation or
oral information given by any party shall alter
the interpretation of these terms and
conditions. In agreeing to these terms and
conditions, you have not relied on any
representation other than those expressly stated
in these terms and conditions and you agree that
you shall have no remedy in respect of any
misrepresentation, which has not been made
expressly in this Agreement. Misuse Of Resources
including but not limited to employing
applications which consume excessive CPU time.
Chat/IRC, web proxy and mailing list scripts are
not allowed on our network under any
circumstances. Streaming media can be a drain on
web server resources and as such is not allowed.
CGI based message forums which use flat file
databases are often found to use excessive
system resources, to avoid disappointment please
use a PHP/ASP message forum.
If you are unsure about content you intend to
place on our network, please check with us
before you do. We reserve the right to determine
what constitutes acceptable use. We may amend
these terms of service with or without notice.
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MEDIA SERVER TERMS & CONDITIONS
This agreement is between Xcellweb Internet
Service/UK PC Net, herein referred to as
provider, and subscribers to our streaming media
service packages, herein referred to as client.
This agreement is effective for any period
during which the client is a subscriber of any
streaming media service offered/provided by
Xcellweb Internet Services.
1. Over Streaming: Any client found to be
streaming at a bit rate higher then they have
paid for will have their service terminated.
This is to maintain both quality of service for
other users of the Xcellweb Internet Services
service and also to prevent abuse of the
service.
2. Content: Client agrees to take sole
responsibility for all content, including audio
streaming, webpages, and any other service that
is utilized. Provider is not liable for any
action taken against a client as a result of
their stream content or web content.
3. Content Restrictions: Provider will
not actively monitor the content of client's
broadcasts or website. Client will not, however,
use server resources for any illegal activity,
including the sharing of copyrighted programs,
cracks, and serials, as well as slanderous
material. Client will not run any program or
robot that is specifically designed to bog down
server resources.
4. Licenses: Client is solely responsible
for any applicable license fees for their
location. Provider does not award free licensing
to clients, including (but not limited to) BPA,
ASCAP, BMI, SESAC or RIAA.
5. Liability: Provider will not be held
liable for any injury, loss of business, loss of
property, loss of data, or other mishap caused
by the use of provider's services or provider
error. Provider is hereby waived of any legal
obligation pertaining to the use of our service.
6. Spam: Client will not use our
resources to transmit bulk or spam Email. This
is defined as mail sent to a large group of
recipients who did not expressly request to be
sent the mail.
7. Privacy: Provider will not release any
personal information about our clients, unless
permission is expressly granted. Some
information may be made public, if client
chooses to list their content in our online
directory.
8. Payment: Payment for services will be
collected before an account is created. Payment
for subsequent months will be charged on the
clients anniversary date, defined as the day of
the month that they signed up for service,
unless client is told otherwise. If payment is
not received by the due date, the client will,
at the discretion of the provider, be given a 5
day grace period in which to make full payment.
After this period, the server will be suspended
unless otherwise agreed, and the account will be
terminated after a further 28 days have elapsed.
9. Refund Policy: Once service has been
established, payment will not be refunded for
any reason. However, should there be a
degradation in quality of service and/or severe
outage, the company reserves the right to offer
the client a partial or full refund, and in
extreme cases financial compensation in the form
of credit on the clients account.
10. Xcellweb Internet Services reserves the
right: to cancel any DNAS account(s) for any
reason it deems necessary.
11. Amendments: Amendments to this
agreement may be made at any time. If such
changes are made, clients will be informed of
the revisions at least 7 days before they take
effect.
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DOMAIN NAME TERMS & CONDITIONS
1.Introduction
These are the terms on which we supply to you
domain name registration and other services.
2.Outline
These terms consist of:
a 'general' section, that applies to all our
services and all your dealings with us; and
a series of 'specific' sections that each apply
only to certain kinds of domain name.
To the extent of any inconsistency between them,
a specific section overrides the general
section.
3.Background
We do not operate the domain name system, or
grant licences for domain names. Those things
are done by 'registry operators', who are
independent of us and beyond our control.
We are a domain name 'registrar'. That means:
We can arrange for domain name licences to be
granted to you by various registry operators,
subject to their rules and licence terms and the
policies and requirements of .
We can carry out some limited functions on
behalf of registry operators.
We can serve as a 'registrar of record' i.e. the
intermediary between a domain name licensee and
a registry operator, as recognised by the
registry operator.
We can provide online facilities for you to
administer your domain names.
We may also provide other, related services.
This document contains the terms that apply
between you and us when we provide our services
as registrar.
It also indicates the licence terms that are
imposed by various registry operators and ICANN.
A domain name licence that we arrange for you is
subject to the licence terms and conditions of
the registry operator who grants the licence and
the requirements of ICANN.
For as long as we are registrar of record for a
domain name, there is a 'registration agreement'
between us and its registrant on these terms.
4.Definitions
In these terms:
applicant
a person who applies to become registrant of a
domain name
auDA
.au Domain Administration Limited ACN 079 009
340
auDA terms
has the meaning given by clause 63
domain name licence
a licence to use a domain name
(domain name) licence terms
the terms and conditions on which a domain name
is licensed
dotbiz
a domain name that ends in .biz
dotcom
a domain name that ends in .com
dotinfo
a domain name that ends in .info
dotnet
a domain name that ends in .net
dotorg
a domain name that ends in .org
European domain name
a domain name that ends in .de, .nl, .be, .it or
.ru
Global Top Level Domain or gTLD
a domain name that ends in .com, .net, .org,
.info or .biz
ICANN
Internet Corporation for Assigned Names and
Numbers
member
a person who registers with us as a member and
receives a membership ID from us
PlanetDomain
PlanetDomain Pty Ltd ABN 89 122 194 745
published policies
those specifications and policies established
and published by auDA from time to time in
accordance with its constitution, and can be
found at auDA's web site at www.auda.org.au/policies/policy-index/
registrant
the current licensee of a domain name
registrar
us
registrar of record
has the meaning given by clause 3
registration agreement
has the meaning given by clause 3
registration fee
our current charge in respect of a domain name
registration as at the time of application
registration term
the period that a domain name licence lasts for
registry operator
the entity that issues domain name licences
(directly or through a representative) and / or
operates the registry for a domain name
registry requirement
has the meaning given by clause 6
renewal fee
our current charge in respect of a domain name
registration renewal as at the time of renewal
transfer
a member to member transfer or a transfer in or
a transfer out or a registrar transfer in or a
registrar transfer out
we, us, etc
PlanetDomain Pty Ltd ABN 89 122 194 745 of 3/538
Collin Street Melbourne Victoria 3000 Australia
trading under a number of business names and
through resellers and other agents.
you
a person who asks us to provide them with any of
our services as registrar
A word or phrase that is hyperlinked (in the
online version of these terms) to another page
or document refers to that page or document.
Other rules of interpretation:
If an expression is defined in the dictionary in
clause 4, that is what it means.
If an expression is defined in the dictionary,
grammatical derivatives of that expression have
a corresponding meaning. (For instance, if 'to
colour' means 'to paint red', then 'coloured'
means 'painted red')
Headings are only for convenience. They are to
be ignored when interpreting these terms, except
insofar as they indicate the number of a clause.
A schedule to a document is part of that
document.
A reference to the singular includes the plural
and vice versa.
Where one thing is said to include one or more
other things, it is not limited to those other
things.
There is no significance in the use of
gender-specific language.
A 'person' includes any entity which can sue and
be sued.
A 'person' includes any legal successor to or
representative of that person.
A reference to a law includes any amendment or
replacement of that law.
Anything that is unenforceable must be read
down, to the point of severance if necessary.
Anything we can do, we may do through an
appropriately authorised representative.
5.General terms
The following clauses 6 to 36 apply in every
case.
6.Registry requirements
Each registry operator has its own terms and
conditions, policies and requirements covering
the registration, use and renewal of domain
names and related matters like dispute
resolution procedures and transfer procedures -
'registry requirements'.
ICANN may also impose terms and conditions,
policies and requirements on registry operators,
us and / or registrants. Where such terms and
conditions, policies and requirements are
relevant to domain name applicants or
registrants, they also count as 'registry
requirements'.
A new registry requirement, or an amendment of
an existing one, takes effect as soon as the
registry operator requires it to take effect
(even if that is retrospective). That is beyond
our control.
Some registry requirements are set out in these
terms. Others are cross-referenced. ICANN or a
registry operator may have, or introduce, new
ones.
You apply for, and accept, registration for any
domain name subject to all applicable registry
requirements from time to time.
You are responsible for familiarising yourself
with all registry requirements, whether or not
they are included or referenced in these terms.
You release us from any claim arising out of
registry requirements or anything that we do
under them.
Registry requirements are for the benefit of
registry operators and us, not for the benefit
of you or other registrants. You can never
oblige us to enforce registry requirements
against other people.
7.Domain names are licensed, not owned
You acknowledge that the right to use a domain
name is by way of licence. A registrant is a
licensee of a domain name, not its owner.
Expressions such as 'applying for a domain
name', 'registering a domain name' and
'transferring a domain name' (and so on) are to
be read merely as contractions of 'applying for
a domain name licence', 'registering a domain
name licence' and 'transferring a domain name
licence' (and so on).
A domain name licence is subject to its licence
terms. It may not be used in breach of its
licence terms. Many of those terms are registry
requirements, beyond our control.
8.Applying for a domain name
To apply for a domain name, you must:
complete our application form;
agree to these terms;
submit the registration fee; and
satisfy any other requirements we notify to you.
Application does not assure you of a domain
name, even if a preliminary search indicates
that the domain name is available for
registration.
Your application is successful if and only if:
you have paid the registration fee, and your
payment has been honoured;
your application complies with the requirements
and policies of the applicable registry
operator;
the applicable registry operator approves your
application and permits the registration; and
we have notified you in writing that your
application has been finally approved -
but subject to those requirements, the period of
your domain name licence is taken to commence on
the date you applied for it.
You acknowledge that registry operators reserve
arbitrary rights to reject registrations at any
time. You must not assume that your application
will be successful, or take any step or spend
any money on the assumption that it will be.
9.Period of registration
A domain name licence has a fixed period.
For some types of domain names, there is a
choice of periods. Our application form will
indicate the period/s that you may apply for.
You may choose only one. If you become the
registrant of the domain name, the licence
period will be the one you applied for.
10.Renewal of registration
You may renew your registration of a domain name
in accordance with these terms and registry
requirements.
You are responsible for renewing your
registration, and if you fail to do so before
the end of the licence term, the domain name may
be available for registration by third parties.
You release us from any claim arising out of
your failure to renew registration.
We may elect to send you a renewal notice as a
courtesy, but:
we are never obliged to do so; and
you have no claim against us if we do not do so,
or if our notice does not reach you.
you do not have to renew your registration, or
pay any fee indicated by the reminder notice,
unless you choose to do so.
If we send you a renewal notice, you may:
choose to renew your registration - and that
means you must pay the fee indicated; or
let the registration lapse - and that means you
need not pay the fee.
11.Applying for renewal
To renew a domain name, you must:
complete our renewal procedure;
agree to these terms (as in force at the time of
renewal);
submit the renewal fee; and
satisfy any other requirements we notify to you.
Your renewal is successful if and only if:
you have paid the renewal fee, and your payment
has been honoured;
your renewal complies with the requirements and
policies of the applicable registry operator;
the applicable registry operator approves your
renewal; and
we have notified you in writing that your
application has been finally approved -
but subject to those requirements, the period of
your renewed domain name licence is taken to
commence on the date your previous licence
expired.
If we notify you that receipt of a renewal and /
or a renewal fee is required to be lodged or
paid some time before the domain name has
actually expired, you may lose any right to
renew if you do not lodge and pay by that time.
If you wish to renew a domain name that is
licensed by a non-Australian registry operator,
you must always lodge your application and
renewal fee in time to meet any cut off date
imposed by the registry operator.
12.Period of renewed registration
Our web site will indicate the renewal period/s
that you may apply for. You may choose only one.
If your renewal is successful, the renewed
licence period will be the one you applied for.
Subject to registry requirements, there is no
limit to the number of times you may renew a
registration.
13.Transfers
There are several types of 'transfer' that may
affect a domain name registration:
a 'member to member transfer' - where we are
registrar of record both before and after
transfer;
a 'transfer in' - where (a) there is a change of
registrant and (b) we become the registrar of
record as a result of the transfer;
a 'transfer out' - where (a) there is a change
of registrant and (b) we cease to be the
registrar of record as a result of the transfer;
a 'registrar transfer in' - where (a) there is
no change of registrant and (b) we become the
registrar of record as a result of the transfer;
a 'registrar transfer out' - where (a) there is
no change of registrant and (b) we cease to be
the registrar of record as a result of the
transfer.
Various terms and registry requirements apply to
different transfers.
14.Member to member transfer
A member to member transfer must comply with
this clause.
Transferor and transferee must both be current
members.
The transferor must initiate the transfer
process.
The parties must use our online transfer system
and comply with our such procedure as we
specify.
The transfer is subject to and must comply with
such procedure as we specify.
The transferor must pay any outstanding fees
they owe us.
The transferor relinquishes their registration
of the domain name after the transfer.
The transferor releases us from any claims
arising under or in relation to this agreement
and / or their domain name registration and / or
its transfer as soon as the transfer is
effected.
The transferee must enter into a registration
agreement with us, with a term of at least a
year.
The transferee must provide us with all the
information required by the online transfer
system, and our procedure and policy and
warrants that it is complete and accurate.
15.Transfers - general
You may transfer a domain name registration
subject to:
registry requirements, and
this clause.
If we consider that a transfer is taking place,
or has taken place:
because of an administrative error or oversight
by us or anyone else; or
because of illegal, unfair or unethical conduct
by you or anyone else -
we may suspend or reverse the transfer - a 'slip
correction'.
We are not liable to you for any consequence of
a slip correction or the circumstances that gave
rise to it, but if the circumstances were not
your fault you can apply for a refund of any
fees you paid to us for the transfer.
16.Fees
We publish current charges for our services on
our web site. We can change them at will, but
changes are not retrospective.
The charges for a service are the ones published
at the time you request it.
You must pay our charges for all services you
request and / or use.
Charges that you pay are non-refundable.
Domain name registration fees are payable when
you apply to register. If your payment is not
honoured, your application is void.
Domain name renewal fees are payable before the
current registration period ends. If you do not
pay by then:
we may place the domain name on hold for 30
days; and
if you have not paid within those 30 days, we
may cancel your registration.
17.Credit card chargebacks
You must not seek to reverse a credit card
transaction in our favour ('chargeback').
If you do initiate a chargeback, we may:
hold you to the transaction, resist the
chargeback and charge you our reasonable costs
of doing so; or
cancel your domain name registration or renewal.
If you have initiated a chargeback, we may
decline to provide you with further services
until you have paid our reasonable costs and
expenses arising from it.
18.Cancellation of registration
If your domain name registration is cancelled
under these terms or a registry requirement:
a third party may register it instead of you;
and
you release us from any claim arising from the
cancellation.
19.Taxes
The charges payable under these terms are
exclusive of all government charges, taxes,
duties and levies and you must pay any and all
such charge, taxes, duties and levies arising
out of or in connection with these terms. In
particular, you must pay to us any amount (VAT
or GST or its equivalent) which we are obliged
to pay as a result of any supply made or deemed
to be made or other matter or thing under or in
connection with these terms.
20.Your promises to us
You promise us that if you:
apply to register a domain name;
use a domain name;
renew a domain name;
transfer a domain name to another person; or
take a transfer of a domain name from another
person -
through our service, then:
you have all the legal rights that you need in
order to do so;
you are not infringing the rights of any third
party in doing so;
all information that you provide to us is
complete and accurate; and
you do not have an illegal purpose and are not
engaging in illegal conduct.
21.Permitting a third party to use your domain
name
You are responsible for everything done with or
by means of your domain name.
If you permit anyone else to use your domain
name in any way, their acts and omissions with
respect to it count as your acts and omissions.
22.Spam
You must never use your domain name, or allow
anyone else to use it, to send unsolicited
commercial email.
23.Personal information
Our privacy statement and privacy policy are
located at:
http://www.planetdomain.com/privacy_popup.jsp
respectively.
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You must provide us with all the information we
request in a 'compulsory' field of a service
application. If you do not, we may not be able
to provide the service.
You:
warrant that all information that you provide to
us is complete, accurate and up to date; and
must promptly notify us if any of it changes.
It is a registry requirement that information
submitted to a registry operator is true,
accurate and that you keep it up to date.
We may use any information that we hold about
you as part of the normal registries and
databases we produce for the purpose of running
our service or our business.
We may disclose any information that we hold
about you to ICANN and / or a registry operator
if they request it.
We may disclose any information that we hold
about you to a third party who helps us to
operate our service or our business (e.g.
outsourced service provider). We will not permit
such a third party to use the information for
any purpose that we may not use it for.
24.Applicable law
Except where the laws of another jurisdiction
are mandatorily applicable, these terms are to
be construed in accordance with the law of the
State of Victoria, Australia. The parties submit
to the non-exclusive jurisdiction of the courts
of that State and also of the courts having
jurisdiction at the place of your address as
shown for the registration of the domain name in
our Whois database at the time relevant
proceedings are commenced.
25.Entire agreement
These terms represent the entire agreement
between us and you. Together, they supersede all
prior agreements, arrangements and undertakings
between the parties.
26.Waiver
A waiver by us of a provision or right under
this agreement is binding on it only if it is
given in writing and signed by our authorised
officer.
A waiver is effective only in the specific
instance and for the specific purpose for which
it is given.
Failure by us to exercise or delay in exercising
a right under this agreement does not prevent
our exercise or operate as a waiver.
27.Relationship
The relationship of the parties is that of
service provider and customer and not joint
venturers, licensee and licensor, equity
partners or principal and agent.
28.Further assurance
You must promptly at our request execute and
deliver such further documents and do such
further acts as are reasonably necessary to give
full effect to your obligations under these
terms.
29.Releases and indemnities
This clause is in addition to any other release
or indemnity that you give us under these terms.
You indemnify us against any dispute between you
and a third party with respect to a domain name,
its registration, ownership, transfer,
cancellation or use.
You must indemnify, defend and hold harmless:
in all cases: us;
in relation to a gTLD: Verisign, Inc;
in relation to a dotbiz: NeuLevel, Inc;
in relation to a dotinfo: Afilias Limited;
in relation to a dotorg: Public Interest
Registry; and
in relation to any other domain name: its
registry operator (e.g. Neustar for a .us domain
name, CentralNIC for .us.com, .eu.com and .uk.co
domain names, and AusRegistry as applicable) -
and all directors, officers, employees, agents,
and affiliates of any of them from and against
any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees
and expenses arising out of or relating to your
domain name registration or your use of a domain
name.
You release, indemnify and hold us harmless from
all liabilities, claims, damages, costs and
expenses of third parties relating to or arising
under these terms or your use of our services.
Each indemnity and release you give us or anyone
else under these terms survives the termination
or expiration of any registration agreement.
30.Limitation of liability
Some laws - particularly the Trade Practices Act
1974 - may give you rights and remedies that
cannot be changed or excluded by these terms.
These terms are subject to those laws, and must
be read and understood subject to them.
Nothing in these terms excludes, restricts or
modifies any condition, warranty, right or
remedy implied or imposed by any law if it
cannot lawfully be excluded, restricted or
modified.
If we supply you with goods or services that are
of a kind ordinarily acquired for domestic,
personal or household use, you have certain
rights under the Trade Practices Act 1974 that
these terms cannot change or exclude. But in any
case where we are allowed to limit it, our
liability for such breaches is limited, at our
choice to:
in the case of goods:
replacing the goods or supplying equivalent
goods;
repairing the goods;
paying for the cost of replacing the goods or
buying equivalent goods; or
paying for the cost of repairing the goods, and
in the case of services:
supplying the services again, or
paying for the cost of supplying the services
again.
Subject to clauses 30, 30 and 30 and to the
extent permitted by law:
all express or implied representations,
conditions, warranties and remedies relating to
our services are excluded;
we are not liable for any indirect, special,
economic or consequential loss or damage or loss
of revenue, profits, goodwill, bargain or
opportunities or loss of anticipated savings
that you incur or suffer in any way, whether:
we caused it by our negligence; or
we knew or should have known of the possibility
of such loss or damage; and
our maximum aggregate liability, whether for
breach of these terms or in negligence or in any
other tort or for any other common law or
statutory cause of action or otherwise is the
amount you paid to us for our services during
the 30 day period immediately before the time
your cause of action arose (but this does not
apply in the case of a claim that we have caused
injury to or the death of any person).
31.Termination
If you are in breach of these terms or any
registry requirement we may give you a notice
identifying the breach and requiring that you
remedy it within five days.
If you do not comply with our breach notice, we
may cancel the registration of any domain name
that the breach relates to.
If we give a breach notice, we may suspend
services to you, including procuring suspension
of any domain name that the notice relates to,
until the breach is remedied or the registration
is cancelled.
You release us from any claim arising from
anything we do under this clause.
32.Right to deny, cancel, suspend or transfer
domain name or other services
In addition to any other options, we may, in our
discretion, without notice, refuse to register,
or cancel, suspend or transfer any domain name
or other service if we believe it is necessary
to protect the integrity or stability of the
registry, to comply with any applicable laws,
lawful requests from a law enforcement agency,
any applicable dispute resolution process, or to
protect the name pending resolution of a dispute
or to avoid any liability, civil or criminal, on
our part.
We may maintain a suspension under this clause
until we are satisfied that the allegation is
not valid.
If a suspension continues for 30 days, we may
terminate the registration at our discretion.
You release us from any claim arising from
anything we do under this clause.
33.Authority from registrant
We may act on instructions apparently from a
person who appears to us to be the registrant or
a person acting under the authority of the
registrant, without being under any obligation
to do so if we have actual notice that there is
a dispute as to the authority of that person. In
addition to any other options, we may, without
being obliged to do so, suspend or place on
registrar lock and/or hold a domain name in
respect of which there is a dispute as to the
authority of any person in relation to that
name.
You release us from any claim arising from
anything we do under this clause.
34.Notices
We can give you any notice or communication:
by emailing the notice (or a hyperlink to a web
page that contains the notice) to the most
recent email address you supply to us;
by fax to the most recent fax number you supply
to us;
by ordinary mail or hand delivery to the most
recent postal address you supply to us, or (if
you are a company) to your registered office;
by hand delivery to you; or
in any other way permitted by law.
Any notice or other communication that we send
you is deemed to have been received by you as
follows:
if it (or a hyperlink to it) is emailed: one
hour after it leaves our mail server;
if it is faxed: when our fax machine issues a
successful delivery record;
if it is mailed: at 10 a.m. on the second
business day after posting;
if it is hand delivered to you or your postal
address or (if you are a company) your
registered office: at the time of delivery;
if it is delivered in another way permitted by
law: at the time when it would have been
delivered in the normal course of that way of
delivery.
A notice from us need not be signed.
35.Amending these terms
We may amend these terms by publishing the
amendments on our web site.
Amended terms take effect when they are
published, unless they specify a later time or
date.
We may amend these terms with retrospective
effect in response to any illegal or antisocial
conduct that is taking place or seems likely.
New and amended registry requirements take
effect as indicated by clause 6.
Otherwise, amendments only apply after they are
published.
36.Matters beyond our control
We are not responsible for any delay in
performing or failure to perform an obligation
to you as a result of any matter beyond our
reasonable control.
37.gTLD terms Global Top Level Domains CLAUSES
38 TO 61
The following clauses 38 to 61 apply only with
respect to Global Top Level Domains.
Clauses 43 to 51 only apply to dotbiz gTLDs.
Clauses 55 to 61 only apply to dotinfo gTLDs.
38.Transfer
You may not effect a transfer of a gTLD domain
name within 60 days after you:
first register it; or
acquire it by transfer.
39.Registrar transfer-out
This clause is subject to clause 38.
We may decline to effect a registrar
transfer-out of a gTLD if:
you owe us any money;
you appear to be insolvent;
there is a dispute over the domain name; or
there is some other reason that we consider
sufficient.
Otherwise, you may effect a registrar
transfer-out of a gTLD in accordance with our
Policy for Transfer to another Registrar and
Procedure for Transfer to another Registrar.
40.Disputes over gTLD domain names
It is a registry requirement that you submit to
ICANN's Uniform Domain Name Dispute Resolution
Policy as published from time to time.
You must comply with that policy.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with that policy.
41.Other registry requirements for gTLD domain
names
Other registry requirements for gTLD domain
names include:
any requirements published by an applicable
registry operator -
and you acknowledge that your domain name
licence is subject to these and any other
registry requirements.
You must comply with those requirements.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with those requirements.
42.Dotbiz special terms CLAUSES 43 TO 51 APPLY
TO dotbiz gTLDs
Clauses 43 to 51 only apply to dotbiz gTLDs.
43.Limitation on use of dotbiz domain names
Dotbiz domain names may be used or intended to
be used primarily for bona fide business or
commercial purposes.
'Bona fide business or commercial use' - in
these terms or in the dotbiz Registration
Restrictions ('Restrictions') - means 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 trade or business; or
to facilitate (i) the exchange of goods,
services, information, or property of any kind;
or, (ii) the ordinary course of trade or
business -
but 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.
44.Warranty
You hereby warrant and certify to us and to
NeuLevel, Inc that to the best of your
knowledge, regarding a dotbiz domain name that
you register:
it 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 a
registration agreement; and
the domain name is reasonably related to your
business or intended commercial purpose at the
time of registration.
45.Registrar transfer in and registrar transfer
out
A registrar transfer in or registrar transfer
out of a dotbiz domain name is subject to the
Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That policy is a registry requirement.
An effect of that policy is that you will be
prohibited from a registrar transfer out during
the first 60 days after initial registration of
the domain name with us. Beginning on the 61st
day after the initial registration with us, the
procedures registrar transfer out set forth in
the above policy apply.
46.Provision of registration data
You must provide us with certain information and
update this information to keep it current,
complete and accurate. This information
includes:
your full name, postal address, e-mail address,
voice telephone number, and fax number if
available;
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 nameserver and
any secondary nameserver(s) for the domain name;
the corresponding names of those nameservers;
the full name, postal address, e-mail address,
voice telephone number, and fax number if
available of the technical contact for the
domain name;
the full name, postal address, e-mail address,
voice telephone number, and fax number if
available of the administrative contact for the
domain name;
the name, postal address, e-mail address, voice
telephone number, and fax number if available of
the billing contact for the domain name; and
any remark concerning the registered domain name
that should appear in the Whois directory.
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 website.
47.Inaccurate or unreliable data
You warrant and represent to us and to NeuLevel,
Inc 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.
If:
you provide inaccurate or unreliable
information;
you fail to promptly update information provided
to us;
you fail to respond for over five calendar days
to our inquiries (or those of NeuLevel, Inc)
addressed to the e-mail address of the
administrative, billing or technical contact
then appearing in the Whois directory with
respect to a 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 -
you have breached of your registration
agreement.
Any information we collect concerning an
identified or identifiable natural person
('Personal Data') may be used in connection with
the registration of domain name(s) or for the
purposes of the registration agreement or as
required or permitted by the ICANN Agreement or
any ICANN/Registry Policy.
48.Reservation of certain rights
We and NeuLevel, Inc each expressly reserve the
right to deny, cancel or transfer any dotbiz
registration as we deem necessary, in our
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 us and / or NeuLevel, Inc, or their
affiliates, subsidiaries, officers, directors
and employees.
We and NeuLevel, Inc each also reserve the right
to suspend a dotbiz domain name during
resolution of a dispute.
49.Disputes over dotbiz domain names
It is a registry requirement that you submit to
ICANN's Uniform Domain Name Dispute Resolution
Policy as published from time to time.
You must comply with that policy.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with that policy.
50.Other disputes involving dotbiz domain names
It is a registry requirement that you submit to
the following policies as published from time to
time:
the Start-up Trademark Opposition Policy
('STOP'), at
www.neulevel.com/countdown/stop.html; and
the Restrictions Dispute Resolution Criteria and
Rules, at www.neulevel.com/countdown/rdrp.html.
You must comply with those policies.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with those policies.
51.Other registry requirements for dotbiz domain
names
Other registry requirements for dotbiz domain
names include:
the Restrictions at
www.neulevel.com/countdown/registrationRestrictions.html;
the ICANN policies and agreements referred to
above;
any ICANN-mandated requirements and consensus
policies as amended at any time;
ICANN standards, policies, procedures, and
practices for which NeuLevel, Inc has monitoring
responsibility in accordance with its Registry
Agreement or other arrangement with ICANN; and
operational standards, policies, procedures, and
practices for the dotbiz Registry TLD as
established, added to or amended from time to
time by NeuLevel, Inc;
NeuLevel, Inc's operational standards, policies,
procedures, and practices for its IP Claim
service;
compliance with applicable statutes and
regulations limiting the domain names that may
be registered -
and you acknowledge that your domain name
licence is subject to these and any other
registry requirements.
52.Dotorg special terms CLAUSES 53 TO 54 APPLY
TO dotorg gTLDs
Clauses 53 to 54 only apply to dotorg gTLDs.
53.Registry requirements for dotorg domain names
include:
all applicable ICANN policies and agreements;
any ICANN-mandated requirements and consensus
policies as amended at any time;
ICANN standards, policies, procedures, and
practices for which Public Interest Registry has
monitoring responsibility in accordance with its
Registry Agreement or other arrangement with
ICANN; and
operational standards, policies, procedures, and
practices for the dotorg Registry TLD as
established, added to or amended from time to
time by Public Interest Registry;
compliance with applicable statutes and
regulations limiting the domain names that may
be registered -
and you acknowledge that your domain name
licence is subject to these and any other
registry requirements.
54.Registrar transfer in and registrar transfer
out
A registrar transfer in or registrar transfer
out of a dotorg domain name is subject to the
Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That policy is a registry requirement.
An effect of that policy is that you will be
prohibited from a registrar transfer out during
the first 60 days after initial registration of
the domain name with us. Beginning on the 61st
day after the initial registration with us, the
procedures registrar transfer out set forth in
the above policy apply.
55.Dotinfo special terms CLAUSES 56 TO 61 APPLY
TO dotinfo gTLDs
Clauses 56 to 61 only apply to dotinfo gTLDs.
56.Personal information
You consent to the use, copying, distribution,
publication, modification, and other processing
of the your personal information that we hold by
Afilias Limited, and its designees and agents in
a manner consistent with the purposes specified
pursuant in its contract with ICANN, available
at http://www.icann.org/tlds/
You also consent to the use, copying,
distribution, publication, modification and
other processing of your personal data by
Afilias Limited and its designees and agents.
You must immediately correct and update the
registration information for any domain name
during its licence period, and failure to
correct this information shall constitute a
breach of your registration agreement.
57.Disputes over dotinfo domain names
It is a registry requirement that you submit to
ICANN's Uniform Domain Name Dispute Resolution
Policy as published from time to time.
You must comply with that policy.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with that policy.
58.Other matters involving dotinfo domain names
It is a registry requirement that you comply
with the requirements set forth by Afilias
Limited for domain names registered during the
Sunrise Period (an explanation of which can be
found at
http://www.afilias.info/faq/sunrise.html),
including the mandatory Sunrise Dispute
Resolution Policy, available at
http://www.afilias.info/faq/sunrise-challenge.html
. These policies are subject to modification by
the registry operator.
You must comply with those requirements and
policies.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with those requirements and policies.
59.Further rights of dotinfo registry operator
You acknowledge that Afilias Limited 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 (an explanation of which can be
found at
http://www.afilias.info/faq/start-up.html),
including, without limitation: (a) your ability
or inability 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.
We and Afilias Limited expressly reserve the
right to deny, cancel or transfer any
registration that we deem necessary, in our
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 us and/or
Afilias Limited as well as the affiliates,
subsidiaries, officers, directors and employees
of either of us.
We and Afilias Limited each also reserve the
right to suspend a dotinfo domain name during
resolution of a dispute.
60.Other registry requirements for dotinfo
domain names
Other registry requirements for dotinfo domain
names include:
all applicable ICANN policies and agreements;
any ICANN-mandated requirements and consensus
policies as amended at any time;
ICANN standards, policies, procedures, and
practices for which Afilias Limited has
monitoring responsibility in accordance with its
Registry Agreement or other arrangement with
ICANN; and
operational standards, policies, procedures, and
practices for the dotinfo Registry TLD as
established, added to or amended from time to
time by Afilias Limited;
compliance with applicable statutes and
regulations limiting the domain names that may
be registered -
and you acknowledge that your domain name
licence is subject to these and any other
registry requirements.
61.Registrar transfer in and registrar transfer
out
A registrar transfer in or registrar transfer
out of a dotinfo domain name is subject to the
Policy On Transfer Of Sponsorship Of
Registrations Between Registrars.
That policy is a registry requirement.
An effect of that policy is that you will be
prohibited from a registrar transfer out during
the first 60 days after initial registration of
the domain name with us. Beginning on the 61st
day after the initial registration with us, the
procedures registrar transfer out set forth in
the above policy apply.
62.Australian domain names CLAUSES 63 TO 77
APPLY TO .au domain names
Clauses 63 to 77 only apply to domain names that
end in .au
63.Limited agency
We act as agent for auDA for the sole purpose,
but only to the extent necessary, to enable auDA
to receive the benefit of rights and covenants
conferred on it under these terms (auDA terms).
In relation to the auDA terms only, 'we' or 'us'
means 'PlanetDomain Pty Ltd ACN 122 194 745 and
auDA jointly and severally'.
64.Registry requirements
There are registry requirements for a domain
name that ends in .au including:
auDA's published policies;
the .au Dispute Resolution Policy (auDRP), and
such other dispute resolution policy which auDA
may adopt from time to time; and
any requirements published by an applicable
registry operator.
You must comply with those requirements and
policies.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with those requirements and policies.
65.Summary of terms and conditions
The following is a summary of these terms and
conditions, but does not limit the operation of
the full terms and conditions in any way.
If your application for a domain name is
accepted and approved, you will be granted a two
year domain name licence for that domain name.
You are required to make several statements to
us in relation to your domain name application -
please read them carefully to ensure that those
statements are correct.
You are entitled to transfer your domain name
registration to another registrar, and we will
facilitate such transfer for you according to
our obligations under auDA's published policies.
You are bound by the .au Dispute Resolution
Policy (auDRP) in relation to your registered
domain name, as well as such other dispute
resolution policy which may be adopted by auDA
from time to time.
You accept that our liability to you under these
terms and conditions is limited.
66.General
You are bound by these terms, 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.
67.Domain name application and registration
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.
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. Any approval we give you prior
to that is conditional and preliminary only.
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.
All personal information pertaining to you is
held by auDA for the benefit of the Australian
public.
68.Domain name licence
Your domain name licence will be effective for a
two year period, once:
your application is accepted and approved by us
and by the registry operator, and
you have paid the applicable fees, unless it is
cancelled earlier under these terms or under any
published policies.
Your domain name licence may be renewed every
two years, as long as you:
pay the applicable renewal fees, and
continue to meet the eligibility criteria
prescribed in the published policies.
You accept that it is your responsibility to
ensure that your domain name licence is renewed.
You may cancel your domain name licence at any
time by notifying us in writing.
We may cancel your domain name licence if you
breach any provision of these terms.
69.Your statement to us
You confirm and state to us and to auDA
separately that:
all the information set out in your domain name
application, and all information you give us, is
true and correct, and not misleading or
deceptive; and
you meet, and continue to meet, the eligibility
criteria prescribed in the published policies
for registering the domain name, and
you have not previously submitted for
registration with another registrar, a domain
name which is the same as the domain name, in
circumstances where:
you are relying upon the same eligibility
criteria for both domain names, and
the domain name has previously been rejected by
the other registrar, and
your registration or use of the domain name does
not infringe any person's legal rights.
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.
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.
70.Our obligations to you
Once your domain name application is accepted
and finally approved, we will cause your domain
name details to be entered in the domain names
registry.
We will give you immediate notice if:
we are no longer an accredited registrar; or
our auDA Accreditation is suspended or
terminated; or
our registrar agreement with auDA is terminated
by auDA.
auDA may post notice of:
the fact that we are no longer an accredited
registrar; or
the suspension or termination of our auDA
Accreditation; or
the termination of our registrar agreement with
auDA -
on its web site, and may, if it considers
appropriate, give such notice to you directly.
71.Your obligations to us
Throughout the period of your domain name
licence, you must:
comply with the published policies, and
give notice to the registry operator (through
us) of any change to any information which you
have given us.
You must not, directly or indirectly, through
registration or use of the domain name or
otherwise:
register a domain name for the purpose of
selling it, or
register a domain name for the purpose of
diverting trade from another business or web
site, or
deliberately register misspellings of another
entity's company or brand name in order to trade
on the reputation of another entity's goodwill,
or
register a domain name and then passively hold a
domain name licence for the purpose of
preventing another person from registering it.
You must not:
transfer or purport to transfer a proprietary
right in any domain name registration, or
grant or purport to grant a registered domain
name as security, or
encumber or purport to encumber a domain name
licence.
72.Use of your information
You authorise:
auDA, to publicly disclose to third parties, all
information relation to the registered domain
name in accordance with the published policies;
us, 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;
the registry operator, 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.
73.Dispute resolution
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.
The auDRP binds you and us as if it were
incorporated in these terms.
You accept that:
auDA may develop and implement other dispute
resolution policies which are accessible by you
as an alternative and further to any complaints
handling procedure adopted by us; and
such policies bind you and us as if they were
incorporated in these terms; and
all such policies are registry requirements.
74.Transfer of registrars
We will ensure that you can easily effect a
registrar transfer-out in accordance with the
published policies. The published policies will
address such matters as:
the maximum fees which we can charge you for
such transfer,
when we are not allowed to charge you fees,
the conditions under which we must transfer the
registered domain name, and
the conditions under which we are entitled not
to transfer the registered the domain name.
If:
we are no longer an accredited registrar, or
our auDA Accreditation is suspended or
terminated, or
our registrar agreement with auDA is terminated
by auDA -
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.
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.
75.Limitation of liability
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 these
terms, or under our registrar agreement with
auDA.
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.
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.
Despite any other provision of these terms, 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.
Nothing in these terms is to be read as
excluding, restricting or modifying the
application of any legislation which by law
cannot be excluded, restricted or modified.
76.General
In these terms:
a reference to this or other document includes
the document as varied or replaced regardless of
any change in the identity of the parties;
a reference to writing includes all modes of
representing or reproducing words in a legible,
permanent and visible form;
headings and sub-headings are inserted for ease
of reference only and do not affect the
interpretation of this document; and
where an expression is defined, another part of
speech or grammatical form of that expression
has a corresponding meaning.
All previous agreements, statements,
explanations and commitments, expressed or
implied, affecting the subject matter of these
terms are superseded by these terms and have no
effect
If a provision in these terms 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.
These terms are 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.
77.Your warranties, etc.
You:
warrant that all the information contained in
your application for a domain name licence, and
all supporting documents provided to us, are
true and accurate to the best of your knowledge;
warrant that you satisfy auDA's policies, rules
and all registry requirements;
permit us to contact third parties, investigate,
request and obtain additional information and
documentation, and otherwise verify the
information contained in your application; and
waive liability on our part for our actions in
verifying the information provided in your
application, and on the part of any third
parties who provide truthful, material, relevant
information about you;
waive liability on our part if your application
is accepted or rejected on the basis of any
false or misleading information;
acknowledge that if your application is accepted
on the basis of any false or misleading
information, we and auDA reserve the right to
cancel your domain name licence at any time; and
acknowledge that your entitlement to a domain
name may be challenged by a third party with
legitimate rights in the domain name.
78.UK DOMAIN NAMES CLAUSES 79 TO 80 ONLY APPLY
Clauses 79 to 80 only apply to domain names that
end in .uk
79.Registry requirements - contract with Nominet
UK
There are registry requirements for a domain
name that ends in .uk that:
you enter a separate contract with Nominet UK
(company number 3203859) on the terms at
www.nominet.org.uk/registrants/legal/terms/; and
you comply with the DRS Policy at
www.nominet.org.uk/disputes/drs/policy/;
you comply with the DRS Procedure at
www.nominet.org.uk/disputes/drs/procedure/;
you comply with the rules at
www.nominet.org.uk/registrants/legal/rules/
You must enter that contract and comply with the
contract and those policies.
You warrant to us that you have accepted the
terms of the contract.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with that contract and those
policies.
80.Acting as your agent with Nominet UK
You release us from and indemnify us against any
claim, harm, loss or damage that you may suffer
or incur in connection with our acting as your
agent for the purposes of your contract with
Nominet UK, whether arising out of breach of
contract, negligence, breach of fiduciary duty
or howsoever otherwise.
81.EUROPEAN DOMAIN NAMES CLAUSES 82 TO 84 APPLY
Clauses 82 to 84 only apply to European domain
names.
82.Registry requirements
There are registry requirements for European
domain names that:
you must submit to the terms of use and registry
requirements of their respective registries; and
you must submit to the terms and requirements of
WebWide Internet Communication GmbH.
You must submit to and comply with those terms
and requirements.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with those terms and requirements.
83.Application of gTLD terms
The use of European domain names is governed by
the general terms of use listed above that apply
to gTLDs.
84.Redelegation Fees
European domain names may be subject to fees for
redelegation.
85.CANADIAN DOMAIN NAME SPECIAL TERMS CLAUSE 86
APPLIES
Clause 86 only applies to domain names that end
in .ca
86.Registry requirements - contract with World
Domain Registry, Inc
There are registry requirements for a domain
name that ends in .ca that:
you enter a separate contract with World Domain
Registry, Inc;
you submit to and comply with all CIRA Policies,
Rules, Procedures, and Agreements, Dispute
Resolution Process documents at
www.cira.ca/en/officials.html.
You must enter that contract and comply with the
contract and those policies, procedures and
agreements.
You warrant to us that you have accepted the
terms of the contract.
You release us from any claim that arises from
anything we do, or anything that happens, in
accordance with that contract and those
policies, procedures and agreements.
87.NEW ZEALAND DOMAIN NAMES (.NZ) CLAUSES 87-101
APPLY
Clauses 87-101 apply only to New Zealand domain
names that end in .nz
88.Our obligations (New Zealand domain names
(.nz))
We agree that we will:
comply with all .nz policies and accurately
represent these to you;
disclose accurately and completely all our terms
and conditions associated with your use of our
services to register and maintain a domain name
sought to be used by you, including price and
billing information;
comply with your lawful directions in a diligent
and timely manner regarding your .nz domain
name, (for example, registration, cancellation,
amendment, deletion, and associated technical
support and billing);
process any new .nz domain name registrations
with the registry within 24 hours from the time
we receive all the information required to
complete a registration if it is within our
advertised business hours of 9:00 am.- 5:00 pm
Monday-Friday, and otherwise within 48 hours;
notify you of the registration of your domain
name(s), including the details of: the domain
name, your contact details, our contact details,
the registration period, the unique
authentication ID for your domain name and your
obligations as a registrant;
arrange for correction of any error in the
information in the register about any domain
name registered to you when requested;
provide to you, or to someone we reasonably
believe to be acting on your behalf, the unique
authentication ID for your domain name when
requested and for no charge;
use your personal information only as authorised
by you;
take all reasonable steps to safeguard and
protect all information about you stored in our
databases and system(s);
comply with any order of any authority having
jurisdiction regarding any domain name
registered to you;
use our best endeavours to deal with any
complaints you may have about the services we
provide for you.
89.Your obligations (New Zealand domain names
(.nz))
You agree that you will:
comply with the .nz policies. You agree that you
have read and understood the current policies;
make sure all information you give us is
accurate and complete, keep us informed of
changes to any information you give us, and that
you have the authority to enter into this
agreement;
keep the unique authentication ID for your
domain name and any other security information
that we give to you confidential, safe and
secure;
satisfy yourself that your use of a domain name
will not infringe anybody's intellectual
property rights and protect us, and everybody we
are in any business relationship with to provide
services to you, from any such claim;
ensure that you only use our services for a
lawful purpose;
ensure that the use of any domain name
registered to you does not interfere with other
users of the Internet;
ensure that any order of any authority having
jurisdiction regarding any domain name
registered to you is complied with;
protect us, and everybody we have a business
relationship with, against any legal action
taken against us because of the receipt or use
of our services by you or someone you are
responsible for, including reliance by us or
anybody we have a business relationship with, on
information supplied by you.
Duties of Other Persons 89.9 You agree to make
sure everyone you are responsible for or who
uses a domain name registered to you also meets
the above duties.
90.Registration of a Domain Name (New Zealand
domain names (.nz))
When a domain name in the .nz domain name space
is registered to you, or in your name as
directed by you, then you agree:
that the following information becomes available
to any member of the public:
your name,
your contact details and
the domain name, its commencement and expiry
dates and addresses/details of the name servers
for it, and our name.
the domain name is registered in your name only
because no other person has it according to the
records of the register; and
neither we nor anybody else is representing
anything else to anybody regarding that domain
name. The entry of a domain name in the "who is"
database shall not be taken as evidence of
anything other than such registration; and
that you protect us and everybody we have a
business relationship with to provide services
to you, from any claim arising out of the domain
name being registered in your name or as you
direct.
91.Registrar is the Record (New Zealand domain
names (.nz))
For all purposes the details shown in the
register shall be treated as correct and the
authoritative record.
92.Payment of Fees (New Zealand domain names
(.nz))
You agree to pay for the services we provide for
you.
If you transfer a domain name registered to you
to another registrant or to be managed by
another registrar, all charges owing to us shall
become immediately due and payable on the date
of that transfer.
We may alter our fees from time to time. When we
alter them we will send you notice of the
alteration 30 days before the new fee takes
effect.
Our usual fees are for domain name registration.
We may also charge for web hosting, email and
other services provided by us. We will tell you
before any additional charge is incurred.
Our prices are stated in Australian dollars and
include GST, if applicable.
93.Suspension And Refusal of Services (New
Zealand domain names (.nz))
If you do not pay our charges for a domain name
registered to you we may cancel registration of
that domain name or refuse to provide a service
you request.
94.Cancellation of a Domain Name (New Zealand
domain names (.nz))
If we are going to cancel the registration of a
domain name registered to you as a result of you
not paying our charges relating to that
registration, we will give you fourteen days
notice before we initiate action to cancel that
domain name.
95.Exclusion of Liability (New Zealand domain
names (.nz))
We exclude all liability we may have to you for
any claim except where we have acted in bad
faith. This exclusion also applies for the
benefit of:
InternetNZ, the registry and any other entity we
are in any business relationship with;
every officer, employee, contractor, agent of us
or any entity in the previous sub clause;
anyone else we get to perform our duties under
any agreement you have with us.
None of the persons specified above is liable or
has to pay you for anything else in connection
with or resulting from anything any of us does
or does not do, or delays in doing, whether or
not it is contemplated or authorised by any
agreement you have with us.
This exclusion applies whatever you are claiming
for and in whatever way liability might arise.
This exclusion does not prevent you getting a
court order requiring us to do anything we have
agreed to do for you and does not limit any
rights you may have under the Consumer
Guarantees Act 1993.
96.Limitation of our Liability (New Zealand
domain names (.nz))
We have excluded all other liability we or any
of the persons specified in clause 95 may have
to you. If
any of those persons is ever liable to you and,
for any reason, cannot rely on the exclusion of
liability
set out in clause 95 then this clause applies.
Where this clause applies, the maximum combined
amount the persons specified above (together)
will
have to pay you and anyone else who uses the
services we provide for you (together) is the
amount of
the last month's fee paid by you under this
agreement
97.Law and Jurisdiction (New Zealand domain
names (.nz))
Unless we otherwise agree in writing, this
agreement contains all the terms of our
relationship and continues to apply no matter
where you are located at the time any of the
services are provided or where you reside. This
will be the case until this agreement is
cancelled except to the extent the following
clause headed 'Rights and Responsibilities that
Continueâ' says otherwise.
To the extent legally permitted:
all our services are provided under New Zealand
law;
any claim or dispute arising out of or in
connection with this agreement must be
instituted within 60 days from the date the
relevant service was supplied to you;
except as otherwise stated, you may take action
against us only in a New Zealand court;
where you or any registrant for whom you act
supplies incorrect information regarding a
domain name and we incur cost in any matter
concerning that name then we may recover the
costs incurred by us from you.
98.Cancelling the Agreement (New Zealand domain
names (.nz))
We may cancel or suspend this agreement by
giving you one month's notice if you do not meet
your duties to us.
We may end the agreement for any other reason by
giving you one month's notice.
99.More Than One Person (New Zealand domain
names (.nz))
You are responsible for everybody who you permit
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