RegisterFree Terms of Service Introduction

These Terms of Service, together with the applicable .nz Policies constitutes the entire agreement between RegisterFree and the holder of any Domain Name (“Name Holder” or “you”). Prior to registration of a Domain Name or the transfer of any Domain Name to RegisterFree as the Registrar of record, RegisterFree requires you to have accepted these terms and the applicable .nz Policies.

1. Terminology

Following are definitions of terms used in these Terms of Service:

Approved RegisterFree Provider - An organisation which provides registration services to Name Holders upon the terms of a Approved RegisterFree Provider contract with RegisterFree.

AUP - has the meaning given to that term in clause 6.2

DNC - The Domain Name Commissioner appointed by InternetNZ to oversee the Domain Name registration and management system.

Domain Name - Any .nz domain name registered through RegisterFree as the Registrar of record.

Domain Name Services - Any Domain Name registration, renewal and other services associated with a Domain Name.

InternetNZ - The Internet Society of New Zealand Incorporated.

Moderated Domain Name - Is a second level Domain Name which is subject to the Moderation Policies. Moderated Domain Names are currently govt, .iwi, .mil and .cri, and may be updated from time to time.

Moderation Policies - The policies that relate to Moderated Domain Names, as set out on the website located at www.dnc.org.nz (as this address may be updated from time to time).

Name Holder - An individual or organisation whose Domain Name is registered with RegisterFree. A Name Holder is also referred to as the "Registrant" of the Domain Name.

Name Holder ID - The unique eight-digit identification number issued to a Name Holder when a Domain Name is registered with RegisterFree. Together with the Name Holder Password, the Name Holder ID enables Name Holders to make basic contact detail changes to address or phone numbers and view transactions on their account with RegisterFree.

Name Holder Password - The unique password issued to a Name Holder when a Domain Name is registered with RegisterFree. Together with the Name Holder ID, the Name Holder Password enables Name Holders to make basic contact detail changes to address or phone numbers and view transactions or their account with RegisterFree.

.nz Policies - The policies of DNC that relate to Domain Names, as set out on the website located at www.dnc.org.nz (as this address may be updated from time to time).

Register - The central listing of Domain Names managed and maintained by Registry.

RegisterFree - Melbourne IT Ltd trading as RegisterFree Ltd (ABN 21 073 716 793) trading as RegisterFree.

Registry - .nz Registry Services. The trading name of the New Zealand Domain Name Registry Limited, the entity that operates the Register.

Relevant Party - Includes each of the following parties:

(a) RegisterFree, InternetNZ, DNC, the Registry and any other entity with whom any of the preceding parties is in a business relationship;
(b) every officer, employee, contractor, agent of any entity specified in paragraph (a); and
(c) anyone else that RegisterFree may procure to perform any obligations or duties of RegisterFree under any agreement you have with RegisterFree.

Services - Domain Name Services.

SRS - Shared Registry System. The system used by the Registry to receive and action Domain Name registration applications and other requests.

UDAI - Unique Domain Authentication Identifier. The UDAI is a unique, 8 character alphanumeric key, generated by the SRS when a domain name is registered. The UDAI specifically relates to a domain name not to the Name Holder.

You - The Name Holder of the Domain Name.

2. Your obligations

2.1 You agree that:

(a) You have read and understand these Terms of Service and the .nz Policies, and agree to be bound by them.

(b) you have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.

(c) You will make sure all information you give RegisterFree is accurate and complete, keep RegisterFree informed of changes to any information you give us, and that you have the authority to enter in to this agreement.

(d) You will only use the Services for lawful purposes.

(e) You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.

(f) You will comply with any orders of any authority having jurisdiction in relation to the Services.

(g) All registered Domain Names must be hosted on two pre-configured domain name servers and you are responsible for at all times meeting this obligation.

(h) You will keep the Name Holder ID, the UDAI and any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name ("Password Information"), confidential, safe and secure. RegisterFree is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of RegisterFree).

2.2 You warrant that:

(a) You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation.

(b) Any person or legal entity which uses the Domain Name complies with the obligations set out in clause 2.1 above.

(c) In respect of a Moderated Domain Name, you meet and will continue to meet for the period of the Moderated Domain Name registration the eligibility criteria contained in the Moderation Policies.

2.3 You acknowledge that RegisterFree must adhere to the .nz Policies and any instructions received from time to time from the DNC and InternetNZ. Accordingly, you agree that RegisterFree is entitled to take all actions that may be reasonably necessary or prudent to comply with the .nz Policies or any such instructions received from time to time from the DNC and InternetNZ without incurring any liability to you or any person for whom you are responsible.

3. REGISTRATION OF A DOMAIN NAME

You agree that:

3.1 Registration of a Domain Name by RegisterFree is carried out on a "first come, first served" basis.

3.2 Registration of a Domain Name confers no property or ownership rights to that Domain Name.

3.3 Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the nameservers for the Domain Name and RegisterFree' name becomes publicly available to any member of the public.

3.4 The Domain Name is registered in your name only because no other person has it according to the records of the Register.

3.5 Neither RegisterFree nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "whois" database will not be taken as evidence of anything other than the registration of the Domain Name.

3.6 RegisterFree will not become involved (whether directly or indirectly) in any dispute pertaining to the Domain Name and where a conflict arises between Name Holders or prospective Name Holders about the Domain Name registration, those parties must resolve the issue independently of RegisterFree.

3.7 The details held in the Register shall be treated as correct and as the authoritative record.

3.8 RegisterFree does not accept any responsibility for the content of a Name Holder's website and RegisterFree shall not be obliged to enforce the removal of content from a website unless it has been instructed by a Court Order to do so.

3.9 Information obtained from you (including personal information) will be:

(a) transmitted to the registry administrator for registry use

(b) publicly available as required the registry or the relevant regulator;

(c) used by RegisterFree for inclusion in registers and data bases produced by RegisterFree or its licensees;

(d) used in accordance with our Privacy Policy which can be viewed at www.registerfree.com/privacy/, and you consent to the use of information for the purposes set out above.

4. RegisterFree'S Obligations

When providing any Domain Name Services, RegisterFree will:

4.1 Comply with all .nz Policies and accurately represent these .nz Policies to you.

4.2 Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.

4.3 Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).

4.4 Process any .Domain Name registrations with the Register within 24 hours from the time that RegisterFree receives all the information required to complete the registration if such receipt is within RegisterFree's advertised business hours of 8am to 5:30pm Monday to Friday (AEST), and otherwise within 48 hours.

4.5 Notify you of the registration of the Domain Name including the details of the Domain Name, your contact details, RegisterFree's contact details, the registration period, the UDAI's for the Domain Name and your obligations as a registrant.

4.6 Arrange for correction of any error in the information in the register about the registered Domain Name when requested by you.

4.7 Provide the UDAI for the Domain Name to you, or to someone that RegisterFree reasonably believes is acting on your behalf, when requested and at no charge.

4.8 Use your personal information only as authorised by you and otherwise, in accordance with these Terms of Service and our Privacy Policy which can be viewed at www.registerfree.com/privacy/.

4.9 Take all reasonable commercial steps to safeguard and protect all information about you stored in RegisterFree's databases and systems.

4.10 Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.

4.11 Use reasonable endeavours to deal with any complaints you may have about the Domain Name Services.

5. You agree that:

5.1 Where you have appointed an Approved RegisterFree Provider to manage your Domain Name, and the Approved RegisterFree Provider provides you with billing services, the fees payable for any Domain Name Service, and the payment terms for that Domain Name Service, will be as agreed between you and the Approved RegisterFree Provider; or

5.2 Where you have elected to manage your own Domain Name, or have appointed an Approved RegisterFree Provider to manage your Domain Name which does not supply billing services to you:

(a) the fees for any Domain Name Service are as set out in the "Fee" section of the RegisterFree website under the "Prices" tab in the "Domain Names" menu ("RegisterFree Website"); and

(b) if RegisterFree is required to incur additional charges in connection with the provision of any Domain Name Service to you, we will notify you prior to incurring any such additional charge;

(c) you will pay the fees for any Domain Name Service to RegisterFree in accordance with the payment terms set out on the RegisterFree Website at the time the Domain Name application is submitted to RegisterFree, or, as otherwise specified on the RegisterFree Website or these Terms of Service;

(d) RegisterFree may alter any fees set out in this clause 5 at any time on 30 days prior written notice; and

(e) the payment terms related to any Domain Name Service include the following:

(i) All fees are payable in advance unless specified otherwise.

(ii) All fees are non-refundable.

(iii) A renewal fee is payable in respect of the renewal of each Domain Name registration.

(iv) RegisterFree has no obligation to record the registration of any Domain Name if RegisterFree has not received the applicable fees for that Domain Name.

(v) Failure to pay the domain name renewal fee in respect of a Domain Name registration will result in cancellation of that domain name registration.

(vi) If you transfer the Domain Name to another entity or Registrar all charges owing to RegisterFree as at the date of the transfer are immediately due for payment.

6. Cancellation of a Domain Name

6.1 You may cancel a domain name at any time by notifying RegisterFree in writing. You agree that:

(a) on receipt of such notice, RegisterFree will cancel the relevant Domain Name; and

(b) RegisterFree will have no liability to you whatsoever in relation to such deletion and/or cancellation.

6.2 RegisterFree may, in its sole discretion, cancel a Domain Name and any additional services provided to you by RegisterFree in respect of that Domain Name upon 14 days' notice where you fail to pay any fees that are due to RegisterFree.

6.3 In addition to any other rights of termination under this agreement, either party may terminate this agreement and cancel the Domain Name on one month's written notice to the other party.

7. Termination or Expiry of these Terms of Service

7.1 Where the Name Holder transfers its Domain Name from RegisterFree to another Registrar in accordance with the .nz Policies and these Terms of Service, the parties agree that these Terms of Service will terminate effective from the date of such transfer.

7.2 The parties agree that these Terms of Service will terminate on the effective date of the cancellation of the Name Holder's Domain Name in accordance with the terms specified in the Cancellation of a Domain Name section of these Terms of Service.

7.3 The parties agree that these Terms of Service will expire where the Name Holder's Domain Name licence expires and is not renewed by the Name Holder prior to the deletion of the Domain Name.

8. Exclusions and Limitations of Liability

8.1 RegisterFree does not investigate whether or not any Name Holder is entitled to register or hold any rights in a Domain Name. By registering a Domain Name, RegisterFree is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorise any person to use the Domain Name in the course of trade.

8.2 You agree that, to the maximum extent permitted by law, no Relevant Party will have any liability to you for any claim in connection with anything any Relevant Party does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with a Relevant Party, except where any Relevant Party has acted in bad faith.

8.3 You agree that where a Relevant Party has acted in bad faith, or where RegisterFree has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to RegisterFree in the month immediately prior to the event of liability in respect of the Domain Name.

8.4 All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so.

9. Indemnities

You indemnify and hold harmless RegisterFree on its own behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:

9.1 any claim or dispute pertaining to the registration of the Domain Name, whether in your name or in such name as you direct;

9.2 any claim that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party;

9.3 any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms of Service; provided that, you shall not be required to indemnify and hold harmless RegisterFree for any claims arising from RegisterFree' negligence or bad faith.

10. Notices

Any notice to be given by RegisterFree under these Terms of Service will be in writing sent to the email address recorded in the Register in respect of the relevant domain name or by posting the relevant information on RegisterFree's website. Such notice shall be deemed to have been given at the time it is sent by RegisterFree.

11. CHANGES TO TERMS OF SERVICE

RegisterFree may change theses Terms of Service either by obtaining your consent or giving you notice. The period of notice given by RegisterFree depends on the nature of the change. If:

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

11.2 the change is required by law, a regulatory body (including InternetNZ, New Zealand Domain Name Registry Limited or any other domain name regulatory body) or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;

11.3 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

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

RegisterFree may give notice of a change by posting the new version of the Agreement on its website located at www.registerfree.com/policies.

12. General

12.1 Unless otherwise agreed in writing, these Terms of Service contain 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, and shall continue to apply until these Terms of Service are cancelled or terminated, except as otherwise stated in these Terms of Service.

12.2 RegisterFree may transfer its rights and obligations under these Terms of Service to any third party upon prior written notice to you.

12.3 If any provision of these Terms of Service is held to be unenforceable in whole or in part all other provisions contained herein shall continue to be valid and enforceable.

12.4 Each provision of these Terms of Service is separately binding on RegisterFree. If, for any reason, you, any Relevant Party cannot rely on any applicable provision in these Terms of Service, all other applicable provisions in these Terms of Service shall nonetheless be binding.

12.6 To the extent legally permitted, the parties agree that:

(a) all our services are provided under New Zealand law;

(b) 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;

(c) except as otherwise stated, you may take action against us only in a New Zealand court;

(d) where you or any Name Holder for whom you are acting as agent supplies incorrect information regarding a Domain Name and RegisterFree incurs costs in any matter concerning that Domain Name, RegisterFree may recover those costs from you.

12.7 The cancellation or termination of these Terms of Service will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Terms of Service, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.