Hosting Terms
Applies to shared/reseller web hosting
HostWirral/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
HostWirral 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 XHostWirral
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 HostWirral services: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling Related",
"Copyrighted Mp3's".
You specifically agree to indemnify and hold HostWirral 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 - HostWirral 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
HostWirral 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
HostWirral reserve the right to levy a penalty
fee of £10.00 GBP per violation of the Terms & Conditions of
Service Agreement.
Legal
HostWirral 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, HostWirral
wishes to emphasize that in signing the service agreement,
subscribers indemnify HostWirral for any
violation of the service agreement, law, or HostWirral policy, which results in loss to
HostWirral or the bringing of any claim against HostWirral by any third-party. This means that if
HostWirral is sued because of a subscriber's or customer
of a subscriber's activity, the subscriber will pay any damages
awarded against HostWirral, 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, HostWirral 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. |
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Server Terms
Applies to VPS/dedicated servers
HostWirral/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
HostWirral 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 HostWirral
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 HostWirral services: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling Related",
"Copyrighted Mp3's".
You specifically agree to indemnify and hold HostWirral 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
HostWirral 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
HostWirral 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 HostWirral. 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
HostWirral 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
HostWirral 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, HostWirral
wishes to emphasize that in signing the service agreement,
subscribers indemnify HostWirral for any
violation of the service agreement, law, or HostWirral policy, which results in loss to
HostWirral or the bringing of any claim against HostWirral by any third-party. This means that if
HostWirral is sued because of a subscriber's or customer
of a subscriber's activity, the subscriber will pay any damages
awarded against HostWirral, 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, HostWirral 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.
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Shoutcast Terms
Applies to shoutcast/NSV servers
This
agreement is between HostWirral/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
HostWirral.
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 HostWirral 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. HostWirral 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.
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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.
-->
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 Continueâ' 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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