Version 1.1
December 2003
Terms and Conditions for Domain Name Licence
This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.
Enetica Pty Ltd is a Registrar accredited by the Internet Corporation for
Assigned Names and Numbers (ICANN').
Auzzie.Biz Domain Services is a Wholesale Partner/Reseller
of Enetica Pty Ltd.
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Summary of Terms and Conditions
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In this document, unless the context requires otherwise:
Dispute Policy means the Uniform Domain Name Dispute Resolution Policy as approved by ICANN.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Registry Operator means the operator of the domain names registry for the Domain Name.
Registrar, Enetica, We , our or us refer to Enetica Pty Ltd ACN 087 987 988 , the registrar of record for your Domain Name Licence.
Partner/Reseller:AUZZIE.BIZ DOMAIN SERVICES provider of Domain services through Enetica Pty Ltd.
Registrant, You or your refer to the person or legal entity applying for, or the holder of, a Domain Name Licence.
Verisign Global Registry Services is the Registry Operator for .com. and .net domains
You are bound by the terms of this document, 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.
Your Domain Name Licence will be effective once:
your application is accepted and approved by us and by the Registry Operator, and
you have paid the non-refundable applicable fees,
unless it is cancelled earlier under the terms of this document.
Your Domain Name Licence may be renewed at any time, as long as you pay the non-refundable applicable renewal fees.
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.
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, but this does not entitle to any refund.
We may cancel your Domain Name Licence if you breach any provision of this document.
Once a domain application is approved your liability for fees are final and irrevocably due and non-refundable under any circumstances whatsoever including error, negligence, omissions, transfers and or cancellations.
If you have aquired this licence through a reseller who does not pay us you are still liable for the Fees for that domain and it is up to you to recover your money from that reseller.
We will report you and/or your company directors to appropriate credit reference agencies should you fail to pay applicable fees, and any such fees become more then 60 days past due.
Credit card charge backs are not permitted under any circumstances.
You agree to pay a $50 handling fee for any dishonoured cheques.
You agree, during the period of this Registrant Agreement, that we may:
revise the terms and conditions of this Registrant Agreement; and
change the services provided under this Registrant Agreement.
Any such revision or change will be binding and effective immediately on posting of the revised Registrant Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail.
You agree to review our web site, including the Registrant Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Registrant Agreement, you may terminate this Registrant Agreement at any time by providing us with notice by e-mail or regular mail.
You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time.
You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
You warrant and state to us that:
all the information set out in your Domain Name application, and all information you give us, are true and correct, and not misleading or deceptive, 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 we may cancel your Domain Name Licence.
You agree to indemnify us for any loss or damage suffered by us as a result of us relying upon your above statements.
Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
We will endeavour to stay within the terms of our privacy policy as published from time to time on the Enetica Web Site.
Throughout the period of your Domain Name Licence, you must:
give notice to the Registry Operator (through us) of any change to any information which you have given us.
protect the registry keys or other passwords provided to you from unauthorised or fraudulent and accept unconditionally any and all responsibility for any such use.
You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:
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
You give to:
us, the right 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, the right 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.
Your Domain Name Licence is bound by the Uniform Domain Name Dispute Resolution Policy as approved by ICANN ( http://www.icann.org/dndr/udrp/policy.htm)
This policy 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.
This policy binds you and us severally as if it were incorporated in this document.
Your Domain Name Licence can be transferred to another registrar only according to the relevant transfer policy as managed by the Registry Operator.
Your Domain Name Licence may only be transferred after 60 days from the initial registration.
You must not pursue any claim against the Registry Operator or against us, and neither the Registry Operator 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 this document, or under our registrar agreement with the Registry Operator.
You accept that neither we nor the Registry Operator has any liability to you or your agents for any loss you may incur in connection with our processing of your domain registration, the processing of any modifications to the domain name record, or the processing of any renewal requests of your Domain Name Licence.
You accept and agree that neither the Registry Operator nor we are responsible for the use of any Domain Name in the domain names registry, and that the Registry Operator 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 this document, and to the fullest extent permitted by law, neither the Registry Operator 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 the Registry Operator or us, and our respective employees, agents, or sub-contractors.
Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
This document is governed by and is to be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and waives any right to object to proceedings being brought in those courts.
Registrant indemnifies both Enetica and the Registry Operator, their officers, directors, agents and personnel from and against all losses, claims, demands, suits, actions, proceedings, penalties, liabilities, costs and expenses (including without limitation legal fees and expenses), of whatever kind arising from:
death of or injury to any person to the extent caused by the conduct of the Registrant, its officers, directors, agents or personnel;
damage to or loss or destruction of any real or tangible property to the extent caused by the conduct of Registrant, its officers, directors, agents or personnel; and
any third party claims or allegations in respect of any privacy obligations owed to such third parties by Registrant, arising out of a breach by Registrant of its obligations under this agreement.
If any condition or warranty is implied into this Agreement pursuant to any legislation (including without limitation the Trade Practices Act 1974) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Agreement, provided that the liability of Enetica which of the condition or warranty shall, if the legislation so permits, be limited, in the sole discretion of Enetica, to
a) the resupply of the services; or
b) the cost of the resupply of the services,
in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.
Should you intend to license use of a domain name to a third party you shall nonetheless be the holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name Licence.
You shall accept liability for harm caused by wrongful use of the Domain Name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this agreement to the third party and that the third party agrees to the terms of disclosure and use of registration Information
Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this agreement and be a basis for cancellation of the Domain Name Licence.
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
You agree that the terms of this agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
You agree that this agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
Where we provide you with bundled services such URL forwarding, these are subject to our Acceptable Use Policy as published from time to time on the Enetica Web page ( http://www.enetica.com.au/).
Continued licensing of your Domain Name is subject to all outstanding fees being paid including fees for any bundled services reckless of domain fees being paid.
Where a dispute arrises over fees of bundled services you agree and accept to pay any undisputed amount by applicable due date.
Your are to provide full details of any dispute including any evidence before the due date of any fees payable in respect to bundled services, and we will make a deliberation giving weight to evidence within 30 days or receiving notice of the dispute after which our decision is final and binding. Should we determine that the fees are correct they become immediately payable but will not preclude you from taking further legal action.
We reserve the right to cancel bundled services without notice for any breach of these conditions including breaches of our Acceptable Use Policy.