The following terms and conditions apply to the "CED Contact Service", where a related corporation of Melbourne IT Ltd trading as RegisterFree CBS agrees to become the Charter Eligibility Declaration (CED) contact (the "CED Contact") for Melbourne IT Ltd trading as RegisterFree CBS Customers' .asia domain applications.

Hereafter, the terms and conditions set out below are called the "CED Contact Service Terms & Conditions".

The CED Contact Service Terms & Conditions are in addition to the requirements of the Customer's existing domain registration/management services agreement with one of the Cogent/Melbourne IT Ltd trading as RegisterFree CBS companies ("CDMA"), and the .asia Registration Agreement with the Registrar ("Registration Agreement") (collectively, the "Collective Terms").

In requesting Melbourne IT Ltd trading as RegisterFree CBS provide the CED Contact Service, Customer agrees to appoint Melbourne IT Ltd trading as RegisterFree CBS as its agent to procure one of its related corporations (the "MIT CED Company") to provide the CED Service for an Agreed Domain Name, and to enter into an agreement with the MIT CED Company on Customer's behalf in order to do so.  A separate contractual relationship will then be created between Customer and the MIT CED Company with respect to the Agreed Domain Name on these CED Contact Service Terms & Conditions. The Customer will then be responsible to the MIT CED Company for any failure by Customer (or its Applicable Related Corporations) to abide by the CED Contact Service Terms & Conditions. 

Unless specifically stated in these CED Contact Service Terms & Conditions, capitalised terms used in these CED Contact Service Terms & Conditions are as defined in the CDMA, the Registration Agreement and the .asia Registry policies (including the '.ASIA Charter Eligibility Requirement Policies' and the '.ASIA Sunrise Policies') available at www.dotasia.org (the "Registry Policies").

To the extent there is any inconsistency or ambiguity between the CDMA, the Registration Agreement, the Registry Polices and these CED Contact Service Terms & Conditions, the order of precedence will be as set out in the order below:

• these CED Contact Service Terms & Conditions; then
• the Customer's current CDMA; then
• the Registration Agreement terms; then
• the Registry Policies.

• The CED Contact Service is not available as a 'stand alone' service. The CED Contact Service is only available to Melbourne IT Ltd trading as RegisterFree CBS Customers who have a current CDMA and have applied to register a .asia domain name with Melbourne IT Ltd trading as RegisterFree as Registrar ("Domain Name Applied For") and the Customer has requested Melbourne IT Ltd trading as RegisterFree CBS procure the MIT CED Company to be the CED Contact for the .asia Domain Name Applied For on Customer's behalf.

• The CED Contact Service will only be provided where Melbourne IT Ltd trading as RegisterFree CBS and the MIT CED Company both agree to provide the CED Service to an eligible CBS Customer for a specific agreed Domain Name Applied For of the Customer's (an "Agreed Domain Name") and provided Customer satisfies and complies with all requirements and obligations of the .asia Registry for registration of the Agreed Domain Name and the Collective Terms.

• Under the CED Contact Service, the MIT CED Company will only provide the following services and assume the following responsibilities:

• Agree to be the CED Contact for the Agreed Domain Name;

• Meet the Registry general eligibility requirements for a .asia CED Contact;

• Provide the necessary details to the Registry to become the registered CED Contact for the Domain Name Applied For;

• Make the necessary Charter Eligibility Declaration to the Registry;

• Assume joint responsibility (with the registered Registrant Contact of the Agreed Domain Name) for initially acknowledging any dispute proceedings relating to the Agreed Domain Name and then refer that dispute to the registered Registrant Contact of the Agreed Domain Name for all further actions and requirements.

• Customer agrees that neither the MIT CED Company or Melbourne IT Ltd trading as RegisterFree CBS or any of their related corporations will provide any further services or assume any other responsibilities (other than those specified in clause 3 above) under the CED Contact Service.

• Customer acknowledges that the Registrant Contact of the Agreed Domain Name will remain solely regarded as the 'Registered Domain Holder' of the Agreed Domain Name for all general purposes, including all operations and liabilities regarding use of the domain, and for domain transfers, updates and renewals.

• Customer acknowledges that it is aware of the various requirements relating to the Agreed Domain Name contained in the Registry Policies, and warrants that it will always comply with its requirements under the Registry Policies (as modified from time to time) for the period that the MIT CED Company is the CED Contact for the Agreed Domain Name.

• The CED Contact Service will only be provided to the Customer and the Agreed Domain Name for the period that the MIT CED Company is the registered CED Contact according to the Registry record for the Agreed Domain Name.

• Customer acknowledges that details of the CED Contact for the Agreed Domain Name will be publicly available, via WHOIS databases etc.

• Customer warrants that neither the registration or renewal of an Agreed Domain Name, nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party.

• Customer agrees to and warrants that it will comply with all other requirements and responsibilities relating to and arising from the Agreed Domain Name (including, but not limited to, the requirements of the Registry and its agents, the Registrar, the Registration Agreement, any applicable laws and all relevant government and legislative bodies having jurisdiction) for the period that the MIT CED Company is the CED Contact for the Agreed Domain Name.

• Where possibly applicable, the Customer makes the same warranties to the MIT CED Company as it makes to the Registrar in the Registration Agreement (available at http://www.registerfree.com/policies/ ) and to Melbourne IT Ltd trading as RegisterFree CBS/Cogent under the CDMA.

• The fees for the CED Contact Service ("CED Contact Service Fees") will be advised by Melbourne IT Ltd trading as RegisterFree CBS upon application for the CED Contact Service or as otherwise pronounced on Melbourne IT Ltd trading as RegisterFree CBS' website.

• The relevant CED Contact Service Fees will be payable upon receipt of a Melbourne IT Ltd trading as RegisterFree CBS invoice for the CED Contact Service Fees in accordance with the payment terms of the Customer's then current CDMA (including relevant interest and default provisions).

• Unless specifically agreed otherwise in writing with Melbourne IT Ltd trading as RegisterFree CBS, any stated CED Contact Service Fees will be for the provision of the CED Contact Service for one (only) Agreed Domain name for a 12 month period, which period will commence upon registration of the Agreed Domain Name. CED Contact Service Fees will be payable in advance (for the following 12 months CED Contact Service) and any cessation or termination of the CED Service supplied for a registered Agreed Domain Name (for any reason whatsoever) will not entitle Customer to any partial or pro-rated refund of CED Service Fees.

• Customer will be liable for CED Contact Service Fees for any applicable12 month period (or part thereof) that the MIT CED Company is registered as the CED Contact for the Agreed Domain Name.

• Customer will not be liable for CED Contact Service Fees if the Customer's Agreed Domain name is not registered by the Registry, provided such non-registration is not due to any fault of the Customer or related corporation or their agents.

• Both the Customer and Melbourne IT Ltd trading as RegisterFree CBS must give at least 60 days written notice before the CED Contact Service can be terminated without material breach for any Agreed Domain Name.

• Customer acknowledges that it is a requirement for initial and ongoing registration of a .asia domain name that each .asia domain must have a CED Contact which meets the locality eligibility requirements and make the Charter Eligibility Declaration, as set out in the .ASIA Charter Eligibility Requirement Policies.

• Customer acknowledges that changes to the CED Contact (including replacement) for the Agreed Domain Name cannot be made during the Sunrise period of the initial .asia domain registration periods.

• Customer acknowledges that changes (including replacement) to the CED Contact as recorded on the Registry records will not occur immediately such a request for change is made by Customer to Melbourne IT Ltd trading as RegisterFree CBS, or by Melbourne IT Ltd trading as RegisterFree CBS to the Registry, and that a registered CED Contact will still be required to perform its CED Contact duties until it is removed as registered CED Contact for an Agreed Domain Name.

• Customer acknowledges that changes to the CED Contact (including replacement) for the Agreed Domain Name cannot be made once proceedings have been commenced under ICANN Charter Eligibility Dispute Resolution Policy (CEDRP).

• Customer acknowledges and agrees that the Melbourne IT Ltd trading as RegisterFree CBS related corporation which will actually be the MIT CED Company for any particular Agreed Domain Name will be selected/allocated by Melbourne IT Ltd trading as RegisterFree CBS (at its sole discretion). Initially the MIT CED Company will be an Australian registered corporation named Network Administration Operations Pty Limited (ACN 105 855 918), which is a wholly owned subsidiary of Melbourne IT Ltd trading as RegisterFree Limited. However, Customer acknowledges and agrees that the MIT CED Company designated to be the CED Contact for any Agreed Domain Name may be substituted for any other Melbourne IT Ltd trading as RegisterFree CBS related corporation at any time at Melbourne IT Ltd trading as RegisterFree CBS' sole discretion, provided any such substituted corporation still provides the CED Contact Service (as outlined above). Customer further acknowledges and agrees that the name of the MIT CED Company may not contain the words "Melbourne IT Ltd trading as RegisterFree" (or any derivative thereof).

• Customer acknowledges that in order for the MIT CED Company to be registered as the CED Contact for the Agreed Domain Name, it must be registered as one of the 'Domain Contacts' for the Agreed Domain Name (most likely the 'Administration Contact'). Customer acknowledges and agrees that MIT CED Company will have access to the information and functions regarding the Agreed Domain Name and being able to communicate with the Registry, as would ordinarily be afforded the CED Contact and/or the relevant Domain Contact for the Agreed Domain Name.

• Customer agrees to and warrants that it will respond to any communication or request from the MIT CED Company (or its agent) as soon as practicable, and no later than the time stated in such communication/request or is otherwise reasonably required for such response. Customer acknowledges that a failure to respond to any such communication or request from the MIT CED Company (or its agent) will constitute a material breach.

• Customers must notify Melbourne IT Ltd trading as RegisterFree CBS in writing as soon as practicable if Customer becomes aware of any allegation or dispute by a third party in relation to an Agreed Domain Name (including its use or application). Customer must also provide Melbourne IT Ltd trading as RegisterFree CBS with a copy of any notice or claim it (or its related corporation or agents) receives from the Registry or any third party in relation to any allegation or dispute in relation to an Agreed Domain Name or any matter relating to the role or function of the CED Contact for that Agreed Domain Name as soon as practicable. Customer must also notify Melbourne IT Ltd trading as RegisterFree CBS in writing as soon as practicable of any changes (including its use or application) to an Agreed Domain Name which could reasonably affect the MIT CED Company or Melbourne IT Ltd trading as RegisterFree CBS.

• INDEMNITY: Customer agrees to indemnify, keep indemnified and hold the MIT CED Company and Melbourne IT Ltd trading as RegisterFree CBS and their related corporations, and all their directors, officers, employees and agents, harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses), whether foreseeable or not, and whether direct or indirect, arising out of or relating to the Agreed Domain Name, including but not limited to any act or duty performed in the MIT CED Company's role as CED Contact for the Agreed Domain Name. This indemnification obligation shall survive the termination or expiry of the CED Contact Service.

• LIMITATION OF LIABILITY: To the maximum extent permitted by law, none of MIT CED Company or Melbourne IT Ltd trading as RegisterFree CBS or their related corporations will be liable in any way for any direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Customer as a result of any act or omission of the MIT CED Company or Melbourne IT Ltd trading as RegisterFree CBS or their related corporations. If any legislation implies a term or warranty, the Customer agrees that the total liability of MIT CED Company and Melbourne IT Ltd trading as RegisterFree CBS and their related corporations for a breach of that term or warranty relating to or arising from the CED Contact Service is limited to, in the sole discretion of Melbourne IT Ltd trading as RegisterFree CBS, the re-supply of the CED Contact Services again, or an amount equal to the CED Contact Service Fees paid by the Customer for the 12 month period immediately prior to the last act or omission giving rise to such liability.

• BREACH: A breach of these CED Contact Service Terms & Conditions will constitute a breach of the Customer's CDMA and vice versa. Any breach of any material terms in these CED Contact Service Terms & Conditions will entitle Melbourne IT Ltd trading as RegisterFree CBS to terminate the CED Contact Service immediately upon written notice. Breach of any warranties contained or made under these CED Contact Service Terms & Conditions will constitute a material breach. Termination of the Customer's relevant CDMA (for any reason) will entitle Melbourne IT Ltd trading as RegisterFree CBS to terminate the CED Contact Service immediately upon written notice.

• These CED Contact Service Terms & Conditions are governed by and construed in accordance with the laws of the jurisdiction stated in the 'Governing Law' clause of the Customer's applicable CDMA. Customer consents to the non-exclusive jurisdiction of relevant courts in the legal jurisdiction stated in Customer's CDMA in connection with matters concerning the CED Contact Service. Where no legal jurisdiction is stated in the Customer's CDMA, then Customer consents to the non-exclusive jurisdiction of relevant courts in the legal jurisdiction of England and Wales in connection with matters concerning the CED Contact Service.