1. Introduction

This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the 'Registrant') to Melbourne IT Ltd trading as RegisterFree ACN 073 716 793 ('Melbourne IT Ltd trading as RegisterFree') for the purpose of registering a .asia domain name on the Internet.

2. Terminology

Melbourne IT Ltd trading as RegisterFree is an accredited Registrar of Internet Corporation for Assigned Names and Numbers ('ICANN') and an accredited Registrar of .asia domain names by the DotAsia Organisation Limited ('DotAsia'), the registry administrator responsible for administering the .asia domain name registry (the 'Registry Administrator'). Afflias Limited is the 'Registry Services Provider' for the .asia domain name registry. The 'DotAsia Community' refers to the countries included in the ICAAN designated Asia/Australia/Pacific (AP) Region.

3. Licensing of Domain Name

Registrant remains the responsible contracting party with Melbourne IT Ltd trading as RegisterFree under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.

4. Non Payment

Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Melbourne IT Ltd trading as RegisterFree of Registrant disputing the payment of, or refusing to pay such fee, or where the Registrant's credit card payment has been declined or reversed) will entitle Melbourne IT Ltd trading as RegisterFree to immediately transfer the relevant domain name from the Registrant to Melbourne IT Ltd trading as RegisterFree, at its sole discretion. Registrant acknowledges that Melbourne IT Ltd trading as RegisterFree will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT Ltd trading as RegisterFree under this clause 4, including the right to sell the domain name to a third party. Melbourne IT Ltd trading as RegisterFree may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding fee, and Registrant's payment of Melbourne IT Ltd trading as RegisterFree's then current re-transfer fee.

5. Dispute Policy

a) Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter Eligibility Dispute Resolution Policy ('CEDRP').

b) Registrant agrees that its .asia domain name registration is subject to the terms of the Registry Administrator's current domain name dispute resolution rules and policies as updated from time to time on the DotAsia website located at www.dotasia.org . Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the dispute resolution rules of the Registry Administrator (as amended from time to time).

c) Registrant agrees that Registry Administrator may modify its .asia domain name dispute resolution rules as described in paragraph (a) by posting any revisions to the policy on the DotAsia website located at www.dotasia.org. Registrant agrees that by maintaining the reservation or registration of its .asia domain name after modifications to the dispute resolution rules become effective, it has agreed to the modifications.

d) Registrant agrees that if use of its .asia domain name registration is challenged by a third party, it will be subject to the provisions of the .asia domain name dispute resolution rules as described in paragraph (a) (as updated from time to time), including any .asia registry policies incorporated by reference (if any). Registrant agrees that if the Registry Administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a .asia domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the Registry Administrator. Registry Administrator may not allow Registrant to make changes to such domain name record until:

i. directed to do so by the judicial or administrative body, or

ii. it receives notification by Registrant and the other party contesting the registration that the dispute has been settled.

e) Registrant agrees that if it is subject to litigation regarding registration and use of its .asia domain name registration, Registry Administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the Registry Administrator.

6. Agents & Third Parties

Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent or other .asia domain name contact person, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.

Registrant agrees that, regardless of any agreement or understanding Registrant has with any third parties (including any third party Domain Contact, including the CED Contact etc.) Registrant is still principally bound by all terms and conditions herein.

7. Initial phased registration period (Sunrise) and Validation Process

a) Registrant agrees that it will be comply with all applicable laws, terms and conditions, regulations, rules and policies of the Registry Administrator in the initial launch, the phased registration application ('Pre-registration Application') (' Sunrise Requirements'), any validation process prescribed by the Sunrise Requirements ('Validation Process') and the general operations of the .asia Registry TLD, including without limitation the .ASIA Sunrise Policies and the .ASIA Charter Eligibility Requirement Policies as updated from time to time on the DotAsia website located at www.dotasia.org.

b) Registrant agrees and acknowledges that:

i. it authorises Melbourne IT Ltd trading as RegisterFree to file documentary evidence in its name and on its behalf;

ii. it is the owner, right-holder or licensee of the claimed prior rights;

iii. the prior rights claimed are legally valid rights;

iv. documentary evidence submitted is a true and genuine copy of the original documents and provides proof of the existence of the claimed prior right, is complete, accurate, up to date and not fraudulent, and is drawn up in accordance with the Sunrise Requirements;

v. it is solely responsible for complying with the Sunrise Requirements and validation process, including the sufficiency and format of any documentary evidence submitted and all relevant timeframes for such submission and it does not rely on any advice given by Melbourne IT Ltd trading as RegisterFree, its officers, employee, agents or subcontractors.

8. Limitation of Liability

To the maximum extent permitted by law, none of Melbourne IT Ltd trading as RegisterFree, the Registry Administrator, the Registry Services Provider or any validation agent appointed by the Registry Administrator ('Validation Agent') 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 Registrant as a result of any act or omission of Melbourne IT Ltd trading as RegisterFree , the Registry Administrator or the Validation Agent or any act or omission of the officers, employees, agents or sub-contractors of Melbourne IT Ltd trading as RegisterFree, the Registry Administrator or the Validation Agent. If any legislation implies in this Registration Agreement a term or warranty, the Registrant agrees that Melbourne IT Ltd trading as RegisterFree's liability under this Registration Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT Ltd trading as RegisterFree, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again.

9. Indemnity

Registrant agrees to indemnify, keep indemnified and hold each of Melbourne IT Ltd trading as RegisterFree, the Registry Administrator, the Registry Services Provider, the Validation Agent and all their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal, Pre-registration Application, any Validation Process or to the Registrant's use of the domain name. This indemnification obligation shall survive the termination or expiry of this Registration Agreement.

10. Breach

Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute resolution rules may be considered by Melbourne IT Ltd trading as RegisterFree to be a material breach and that Melbourne IT Ltd trading as RegisterFree may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT Ltd trading as RegisterFree, that it has not breached its obligations, then Melbourne IT Ltd trading as RegisterFree may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT Ltd trading as RegisterFree did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means.

11. No Warranty by Melbourne IT Ltd trading as RegisterFree or the Registry Administrator

11.1 The registrar tool kit, and all other items provided by DotAsia or its subcontractors, are provided "as-is" and without any warranty of any kind.  DotAsia expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and conditions of merchantability and satisfactory quality and fitness for a particular purpose and non-infringement of third party rights.  DotAsia does not warrant that the functions contained in the registrar tool kit will meet the registrar's requirements, or that the operation of the registrar tool kit will be uninterrupted or error-free, or that defects in the register tool kit will be corrected.  Furthermore, DotAsia does not warrant nor make any representations regarding the use or the results of the registrar tool kit or related documentation in terms of their correctness, accuracy, reliability, or otherwise.  Should the registrar tool kit prove defective, registrar assumes the entire cost of all necessary servicing, repair or correction of registrar's own systems and software.

11.2 Registrant agrees that a registration of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the, registration or use of the domain name.

12. Acknowledgements, Agreements and Warranty

12.1 Registrant acknowledges and agrees with the following:

(a) that it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless Melbourne IT Ltd trading as RegisterFree and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by Registrant.

(b) that the .asia domain names will initially be received and registered by the Registry Administrator during various different application phases, full details of which are located on the DotAsia website located at www.dotasia.org.

(c) that Melbourne IT Ltd trading as RegisterFree does not guarantee that any .asia domain name applied for by Melbourne IT Ltd trading as RegisterFree on behalf of the Registrant will be successfully registered by the Registry Administrator. The Registrant acknowledges that it will not take any action in respect of its .asia domain name until the successful registration of that .asia domain name is confirmed in writing to the Registrant.

(d) that Melbourne IT Ltd trading as RegisterFree will submit Registrant's application for a .asia domain in the phase that the Registrant selects on its application form.

(e) that there are certain pre-requisites to applying for a .asia domain (including, but not limited to, certain requirements for entity and trade mark names, types and registration dates, and the requirements for an eligible CED Contact) which are set out in the policies documents on the DotAsia website located at www.dotasia.org.

(f) that there are strict timeframes for registration during the different Sunrise and Landrush phases and also strict timeframes for the submission of any necessary or requested supporting documentation (both at time of application and during the pre-registration verification period), and that it is Registrant's responsibility to ensure it is aware of and complies with these strict timeframe requirements.

(g) that during the Sunrise and Landrush phases, certain application fees are payable which are non-refundable (unless a domain name has already been allocated to another applicant in a previous phase in the Sunrise period).

(h) that there is only very limited scope and opportunity to amend material provided in an application for a .asia domain or request reconsideration of a rejected/failed application for .asia domain registration, details of which are set out in the policies documents on the DotAsia website located at www.dotasia.org.

(i) that Melbourne IT Ltd trading as RegisterFree is only responsible for submitting the initial domain application to the Registry Administrator and that you (as the applicant/Registrant) are responsible for all other correspondence with the Registry Administrator, including the submission of supporting documents to the Registry Administrator and making any application to the Registry Administrator for reconsideration of a failed application, unless Melbourne IT Ltd trading as RegisterFree (or one of its related entities) has specifically agreed in writing to provide .asia domain registration services as part of broader corporate domain management services to you.

(j) that due to the fact that verification and registration of applications for domains in a previous phase of Sunrise may not have been finalised at commencement of subsequent phases, it is not possible to know which domains are actually still available at time of application for domain names. If a domain is not available when an application for that domain is received (due to the fact that an applicant from a previous Sunrise phase successfully obtains it) then subsequent applicants for that domain will be refunded their application fee.

(k) that at the time of application for a .asia domain, the applicant/Registrant must specify an Operations & Notifications (OPN) Contact to be the Registrant's contact person who the Registry Administrator will send communications regarding documentary evidence requests, auction invitations and reminders etc. regarding the domain application to.

(l) that there will be no WHOIS service available for .asia domain names during the Sunrise period.

12.2 Registrant represents and warrants that:

(a) it will comply with all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry Administrator as updated from time to time on the DotAsia website located at www.asia.org ('Requirements') in respect of its .asia domain names;

(b) neither the registration or renewal of a domain name, nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;

(c) it meets and will continue to meet for the term of this Agreement the Charter Eligibility Requirements as set out in the Registry Policies of the Registry Administrator as updated from time to time on the DotAsia website located at www.asia.org. Registrant warrants that it will comply with all requirements placed upon it by the Charter Eligibility Requirement and to provide appropriate evidence of such compliance as and when required by Melbourne IT Ltd trading as RegisterFree or the Registry Administrator;

(d) it complies with and will continue to comply with for the term of this Agreement the requirements, standards, policies, procedures and practices of the ICANN as updated from time to time on the ICANN website located at www.icann.org/general/consensus-policies.htm in respect of its asia domain names.

(e) it is of legal age and capacity to enter into this Agreement; and

(f) it will comply with all representations and warranties referred to in the Requirements.

12.3 Notwithstanding anything in this Registration Agreement to the contrary, the Registry Administrator (DotAsia) is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Melbourne IT Ltd trading as RegisterFree being a registrar of the ,asia TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.

12.4 Registrant agrees to nominate one natural person or legal entity (the 'Charter Eligibility Declaration Contact' or 'CED Contact') as a contact designated to make a declaration that the Registrant meets the Charter Eligibility Requirement for registering the .asia domain name requested (i.e. is a legal entity within the DotAsia Community). Registrant acknowledges that Melbourne IT Ltd trading as RegisterFree will not become the CED Contact for the Registrant and that it must solicit and obtain its own CED Contact, unless Melbourne IT Ltd trading as RegisterFree (or one of its related entities) and Registrant have specifically agreed in writing that Melbourne IT Ltd trading as RegisterFree (or one of its related entities) will provide a CED Contact service to Registrant as part of broader corporate domain management services provided to Registrant. Registrant acknowledges that there are risks associated with engaging a third party to be its CED Contact, in the same way there are risks associated with providing a third party with any control, access or communications rights over its domain management.

The Registrant accepts, represents and warrants that it has made known to the CED contact, and the CED Contact has agreed, that that the Registrant and the CED Contact will be jointly defined as the 'Registered Name Holder' and will be jointly responsible for the Registrant's .asia domain name in relation to domain disputes and other related disputes. The CED Contact is specifically expected to respond and acknowledge dispute proceedings and refer the dispute to the Registrant. The Registrant acknowledges that, regardless of the nomination of a CED Contact and any arrangements or understanding with that CED Contact, the Registrant shall nevertheless remain the operating contact for all operations and liabilities regarding the use of the domain, including but not limited to domain transfer and updates, or in other words be solely regarded as the Registered Domain Holder for general purposes.

The Registrant acknowledges, and warrants that it has made known to the CED contact, and the CED Contact has agreed, that information submitted for the CED Contact will be publicly accessible on WHOIS databases (with the exception of identification numbers [i.e. for passports] etc).

13 Sunrise Auctions

Registrant acknowledges that:

(a) Where there are two or more eligible (verified) applicants for the same .asia domain name during the Sunrise Phase 2, Sunrise Phase 3 and Landrush registration phases, all eligible applicants will be invited to bid for the Domain Name Applied For in an online auction, with the domain name will be awarded to the highest bidder.

(b) Details of the auction process and requirements are set out in the .ASIA Sunrise Policies document on the DotAsia website located at www.dotasia.org. Registrant warrants that it has read, understands and agrees to all auction processes, rules and requirements for the .asia auctions.

(c) Registrant will be solely responsible for all matters relating to any auction process it is invited to or participates in, and that Melbourne IT Ltd trading as RegisterFree will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless Melbourne IT Ltd trading as RegisterFree (or one of its related entities) and Registrant have specifically agreed in writing that Melbourne IT Ltd trading as RegisterFree (or one of its related entities) will provide .asia Sunrise auction services to Registrant as part of broader corporate domain management services provided to Registrant.

13. Revocation

Registrant agrees that Melbourne IT Ltd trading as RegisterFree may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT Ltd trading as RegisterFree would likely consider material to its decision to approve this Registration Agreement.

Registrant further agrees that Melbourne IT Ltd trading as RegisterFree may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if as reasonably determined by Melbourne IT Ltd trading as RegisterFree in its sole discretion, the Registrant or any other person uses the domain name in connection with:

a) any activity that infringes the intellectual property rights or other rights of third parties;

b) any activity that defames or disparages any person; or

c) any otherwise illegal or fraudulent activity.

14. Right of Refusal

Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Melbourne IT Ltd trading as RegisterFree, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Melbourne IT Ltd trading as RegisterFree to accept this Registration Agreement. Registrant agrees that Melbourne IT Ltd trading as RegisterFree is not liable for loss or damage that may result from Melbourne IT Ltd trading as RegisterFree's refusal to accept this Registration Agreement.

15. Change in Registrar

Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT Ltd trading as RegisterFree.

16. Suspension, Cancellation, Transfer

Registrant agrees that registration of its domain name shall be subject to denial, suspension, cancellation, hold or transfer by any Registry Administrator procedure:

a) to correct mistakes by Melbourne IT Ltd trading as RegisterFree or the Registry Administrator or the Registry Services Provider in registering the domain name;

b) for the resolution of disputes concerning the domain name; or

c) in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.

17. Provision of registration data

17.1 Registrant agrees to submit accurate and reliable contact details of at least one natural or legal person responsible for the technical operation and administration of the domain name requested. In addition, Registrant agrees that as part of the registration process for .asia domain names, it is required to provide the Registry Administrator with certain information and to update the information to keep it current, complete and accurate. This information includes, but is not limited to:

a) the domain name applied for;

b) the names of the Registrant's primary nameserver and secondary nameserver(s) for the Registered Name;

c) Registrant's name and postal address;

d) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;

e) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;

f) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name;

g) any remark concerning the registered domain name that should appear in the Whois directory; and

i) any other information which the Registry Administrator requires to be submitted.

In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:

a) various details relating to the Registrant's registration as an eligible entity;

b) various details relating to the Registrant's registered trade or service marks;

c) demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a legal practitioner); and

d) various details relating to the locality of the Registrant and the CED Contact.

Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

17.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

17.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

17.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

17.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

17.6 Registrant grants Melbourne IT Ltd trading as RegisterFree and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

18. Inaccurate information

The Registrant warrants that any data provided in its .asia domain name registration application is true, correct, up to date and complete and that the Registrant will continue to keep all the information provided up to date. Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement. Registrant agrees that:

i. its wilful provision of inaccurate or unreliable information;

ii. its wilful failure to promptly update information provided to Melbourne IT Ltd trading as RegisterFree or the Registry Administrator; or

iii. any failure to respond for over 5 calendar days to enquiries from the Registry Administrator addressed to the email address of the administrative, billing or technical contact then appearing in the WHOIS directory concerning the accuracy of contact details associated with any .asia domain name registration, will constitute a breach of this Agreement.

19. Reservation by Registry Administrator

Registrant agrees that Melbourne IT Ltd trading as RegisterFree and Registry Administrator reserves the right to deny, cancel, hold or transfer any .asia domain name registration which either party deems necessary in its discretion:

i. to protect the integrity and stability of the Registry;

ii. to comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process;

iii. to avoid any liability, civil or criminal, on the part of Melbourne IT Ltd trading as RegisterFree or Registry Administrator, their directors, officers, employees and agents;

iv. where there is a breach of this Agreement;

v. to correct mistakes made by Melbourne IT Ltd trading as RegisterFree or the Registry Administrator in connection with a .asia domain name registration. Melbourne IT Ltd trading as RegisterFree and Registry Administrator also reserve the right to freeze a domain name during resolution of a dispute.

20. Severability

Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

21. Entirety

Registrant agrees that this Registration Agreement and the relevant domain name dispute policy is the complete and exclusive agreement between Registrant and Melbourne IT Ltd trading as RegisterFree regarding the registration of Registrant's .asia domain name. This Registration Agreement and the relevant domain name dispute resolution rules supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

22. Governing Law

Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of Hong Kong. By submitting this Registration Agreement, Registrant consents to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Registration Agreement.

23. General

a) Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.

b) Failure by Melbourne IT Ltd trading as RegisterFree to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.

24. Amendment

Melbourne IT Ltd trading as RegisterFree may change the terms and conditions of this Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT Ltd trading as RegisterFree depends on the nature of the change. If:

i. the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;

ii. the change is required by law, any applicable regulatory body or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;

iii. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and

iv. for all other changes, we will also give you at least 30 days notice prior to the change.