Terms & Conditions of Service
We all hate having to read, understand and abide by terms and conditions, but if there was none, services would be open to abuse and the quality of services as well as the integrity and security of your data would be put at risk.
 
In addition to this, we ourselves, are bound to abide by terms and conditions from our network providers and partners. Please take the time to read and understand out terms and conditions, and note that the domain and affiliate terms are further down the page.
 
Hosting Terms
Applies to shared/reseller web hosting
 
xcellweb.net/WirralNet
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.

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.
 
Server Terms
Apply to VPS/dedicated servers
 
xcellweb.net/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.
 
 
Shoutcast Terms
Applies to shoutcast/NSV servers

This agreement is between xcellweb.net/WirralNet, 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.

 
   
Affiliate Terms
Under construction, please check back soon.
 
Domain Name Terms
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 Continue‚' 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 to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

100.Each Clause Separately Binding (New Zealand domain names (.nz))
Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 95 cannot rely on any clause, all other clauses of it are binding.

101.Rights and Responsibilities that Continue (New Zealand domain names (.nz))
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 89, 91 - 97, 99 - 100 and this clause 101.

Search engine optimisation services
102.SEO Services (Search Engine Optimisation Services)

1. Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed

2. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results in response to a search request.

103.Custom Website (Custom Website Services)

If you need to add any further pages it will be billed at a rate of $ 75 per page.

Please discuss any additional functionality with your sales manager before the starting the project.

Design will only start after the payment has been received.

Logo design is not included within the project's scope.

Royalty free images will be used, unless you provide us with your own.

The project will take between 7 to 10 working days once the Custom Website Briefing Form has been complete by the client.

Please make sure all information is emailed to us and NOT faxed or sent via post.

 

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