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Date: April 2005
TERMS AND CONDITIONS
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 .us
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
.us domain names by NeuStar, Inc, the registry administrator responsible
for administering the .us domain name registry (the 'registry
administrator').
3. Licensing of Domain Name
Registrant remains the responsible contracting party 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 that its .us domain name registration is
subject to the terms of the registry administrator's current domain
name dispute policy for .us domain name disputes located at
www.neustar.us. Registrant acknowledges that it has read and
understood and agrees to be bound by the terms and conditions of
the policy of the registry administrator as documented on its
website www.neustar.us as amended from time to time by the registry
administrator. |
| b |
Registrant agrees that registry administrator may modify its
.us domain name dispute policy as described in paragraph (a) by
posting any revisions to the policy with 30 days prior written
notice. Registrant agrees that by maintaining the reservation
or registration of its .us domain name after modifications to
the dispute policy become effective, it has agreed to the
modifications. |
| c |
Registrant agrees that if use of its .us domain name
registration is challenged by a third party, it will be subject
to the provisions of the .us domain name dispute policy as
described in paragraph (a) (as updated), including any .us
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 .us 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. |
Registrant agrees that if it is subject to litigation regarding
registration and use of its .us 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
Registrant agrees that if this Registration Agreement is completed by
an agent for the Registrant, such as an Administrative Contact/Agent,
the Registrant is nonetheless bound as a principal by all terms and
conditions herein, including the relevant domain name dispute policy.
7. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT Ltd trading as RegisterFree
nor the registry administrator has any liability to the Registrant or the Registrant's
agent for any loss Registrant may incur in connection with Melbourne IT Ltd trading as RegisterFree's processing of
this Registration Agreement, Melbourne IT Ltd trading as RegisterFree's processing of any application for a domain name,
the processing of any authorized modification to the domain name's record during the covered
registration period, or the failure by the Registrant or the Registrant's agent to pay any
fee (including, without limitation, any registration fee or renewal fee), or as a result
of the application of the provisions of the relevant domain name dispute policy. Registrant
agrees that in no event will the liability of Melbourne IT Ltd trading as RegisterFree under this Agreement for any
matter exceed, in the sole option of Melbourne IT Ltd trading as RegisterFree, the re-supply of the services again or
the fee paid to Melbourne IT Ltd trading as RegisterFree for the provision of the services.
8. Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT Ltd trading as RegisterFree and the registry administrator, 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 or renewal, or to the Registrant's use of the domain name.
9. Breach
Registrant agrees that failure to abide by any provision of this
Registration Agreement or the relevant domain name dispute policy 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.
10. No Warranty by Melbourne IT Ltd trading as RegisterFree
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.
11. Acknowledgements, Agreements and Warranty
11.1 Registrant acknowledges 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.
11.2 Registrant warrants that, to the best of Registrant's knowledge and
belief
| a |
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; |
| b |
it has and will continue to have for the term of this Agreement
a lawful bone fide .US Nexus as that term is defined in the '.US
TLD Nexus Requirements' document on the .us TLD website located at
www.neustar.us, as may be modified from time to time by the Registry
Administrator, and that Registrant qualifies to register to use a
.us domain name; |
| c |
Registrant is of legal age to enter into this Agreement; and |
| d |
Registrant agrees to comply with all applicable laws,
regulations and policies of the registry administrator as updated
from time to time on the US TLD website located at www.neustar.us
in respect of its .us domain names. |
12. 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 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.
13. 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.
14. 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.
15. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject
to suspension, cancellation or transfer by any registry administrator
procedure:
| a |
to correct mistakes by Melbourne IT Ltd trading as RegisterFree or the registry
administrator 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. |
16. Provision of registration data
Registrant agrees that as part of the registration process for .us
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
| a |
the Registered Name; |
| 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 |
| h |
any other information which the registry administrator requires
to be submitted to it including, without limitation, information
relating to the primary purpose for which a .us domain name is
registered (e.g. business, education etc). |
| i |
the Registrant acknowledges and agrees that the registration
data described above will be made publicly available by the registry
administrator on the WHOIS directory. Any information submitted to
the registry administrator concerning an identified or identifiable
natural person ('Personal Data') will be used by the registry
administrator in connection with the registration of the
Registrant's domain names and as required or permitted by the
Department of Commerce's contract with the registry administrator
or any registry administrator/Department of Commerce policy. |
17. Inaccurate information
The Registrant warrants that any data provided in its .us 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 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 .us domain name registration, will constitute a
breach of this Agreement. |
18. Government use of data
Registrant agrees that the US Government has the right to use, disclose,
reproduce, prepare derivative works, distribute copies to the public,
perform publicly and display publicly in any manner and for any purpose
whatsoever and to have or permit others to do so, all data provided by
Registrant. 'Data' means any recorded information and includes, without
limitation, technical data and computer software, regardless of the form
or the medium on which it may be recorded.
19. Reservation by registry administrator
Registrant agrees that Melbourne IT Ltd trading as RegisterFree and registry administrator reserves
the right to deny, cancel or transfer any .us 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 .us 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 .us domain name. This Registration Agreement and the
relevant domain name dispute policy 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 the State of
Victoria, Australia. By submitting this Registration Agreement,
Registrant consents to the exclusive jurisdiction and venue of the
Courts of Victoria (including the Victorian Registry of the Federal
Court of Australia) and all courts hearing appeals from such Courts.
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. |
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