Date: April 2006
DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info, .name, .travel, .cat and .mobi registrations only
PART A - Terms that apply to all domain name registrations
TERMS AND CONDITIONS
General
1. Introduction
NJStar Unicode Domain Name is a Authorized Reseller of Melbourne IT.
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN).
This domain name registration agreement (Registration Agreement) is submitted by you, the applicant for, and on registration, the licence holder of a domain name (refered to in this Agreement as you, your and the Registrant) to Melbourne IT Limited ACN 073 716 793 (Melbourne IT) for the purpose of registering a domain name.
Part A sets out the general provisions governing all domain name registrations governed by this Registration Agreement.
Part B sets out the additional provisions specific to .com, .net and .org domain name registrations.
Part C sets out the additional provisions specific to multi-lingual domain name registrations.
Part D sets out the additional provisions specific to other domain name pre-registrations and registrations governed by this Registration Agreement.
If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Changes to this Registration Agreement
Melbourne IT may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If:
- the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
- the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body) or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
- we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and
- for all other changes, we will also give you at least 30 days notice prior to the change.
Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at www.melbourneit.com.au/policies
3. Licensing of Domain Name
Registrant remains the responsible contracting party under this
Registration Agreement, even if Registrant licenses use of the domain
name to a third party.
4. Dispute Policy
Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT, that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT's current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the UDRP Dispute Policy). Registrant agrees that in respect of the pre-registration or registration of other domain names covered by this agreement in Part D, other dispute policies may apply as specified by the registry administrator of those domain names from time to time, as described in more detail in Part D (the "Other Dispute Policies"). Registrant agrees that Melbourne IT may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as described in clause 19. The UDRP Dispute Policy can be viewed at www.inww.com/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be viewed at http://www.inww.com/policies/gtldrules.php3.
5. Agents
Registrant agrees that if this Registration Agreement is completed by an
agent for the Registrant, such as an Administrative Contact/Agent, the
Registrant is nonetheless bound as a principal by all terms and
conditions herein, including the relevant domain name dispute policy.
6. Expiration of the domain name license
- You may renew your domain name with Melbourne IT at any time before the date 40 days after the Expiry Date (Renewal Deadline).
- Registrant acknowledges that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with by Melbourne IT under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to Melbourne IT the redemption fee (the current redemption fee is set out at http://www.melbourneit.com.au and is subject to change).
6A |
Additional Provisions for Undelegated and Expiring Domain Names
6A.1 |
On registration of a domain name with Melbourne IT as registrar Melbourne IT may by default delegate that name to resolve to a Melbourne IT Parked Page. Registrant acknowledges and agrees that the Melbourne IT Parked Page may include a statement and graphics to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party websites, advertising of Melbourne IT products and services and advertising content from or about a third party and/or their products and services. Registrant may opt-out of the display of the Melbourne IT Parked Page prior to the Expiry Date by:
6A.1.1 |
registering the domain name with a Melbourne IT Authorised Reseller who has agreed with Melbourne IT not to participate;
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6A.1.2
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delegating its domain name to a different nameserver; or
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6A.1.3
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giving written notice to Melbourne IT Limited at Level 2, 120 King Street, Melbourne 3000 Australia (or such other business address notified from time to time by Melbourne IT on its web site).
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6A.2
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At the request of the Registrant Melbourne IT may provide its Private Registration Service (which includes, without limitation, updating certain public contact details associated with the domain name such as the postal address and email address in the WHOIS database) with respect to the domain name for the period up to and including the Expiry Date on the following terms.
6A.2.2 |
The Private Registration Terms located at http://www.melbourneit.com.au/policies/privateregpolicy.php (as may be updated from time to time) are hereby incorporated into this Agreement by reference.
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6A.2.4 |
Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the Private Registration Terms.
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6A.2.5 |
Melbourne IT may charge Registrant a fee for the provision of the Private Registration Service as notified to the Registrant from time to time. Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and payment provisions contained in the Private Registration Terms
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6A.2.6 |
Registrant may terminate the provision of the Private Registration Service:
6A.2.6.1 |
in the case of changing the fee for the Private Registration Service, at any time by at least 30 days written notice to Melbourne IT; or
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6A.2.6.2 |
at any other time in accordance with the Private Registration Terms.
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6A.3
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Melbourne IT may elect to lock the domain name at any time and Registrant may unlock the domain name at any time subject to any relevant policies, procedures and processes (for example, relating to a UDRP dispute).
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6A.5
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Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) any domain name registered through Melbourne IT as registrar to resolve to a Melbourne IT Parked Page.
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6A.6
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Melbourne IT may from the Expiry Date:
6A.6.1 |
state that the domain name may become available to be acquired or transferred to a third party following the expiration of the Renewal Deadline via the Melbourne IT Parked Page or such other means reasonably determined by Melbourne IT; and
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6A.6.2
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Melbourne IT may continue to supply Melbourne IT's Private Registration Service to Registrant in connection with the domain name) in accordance with the Private Registration Terms, at no cost to Registrant.
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6A.7
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If Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may transfer the domain name to a third party (Transferee) on Registrant's behalf and as Registrant's agent (Registrant Domain Name Transfer).
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6A.8
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In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that:
6A.8.1
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Melbourne IT may use a third party provider of auction services and/or sale services in connection with the transfer of domain names (Third Party Provider);
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6A.8.2
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Melbourne IT has full authority to act as Registrant's agent (including to exercise any rights under any terms and conditions) to effect the Registrant Domain Name Transfer, and any such acts will be deemed as an act validly performed by the Registrant;
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6A.8.4
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Melbourne IT will notify Registrant by email following receipt of any fees received by Melbourne IT in cleared funds from a Transferee for a Registrant Domain Name Transfer. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if required, under this clause 6A.8.4. if Registrant keep its contact details with respect to the domain name up to date. Registrant therefore agrees that Registrant will be solely responsible for keeping such contact details up to date;
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6A.8.5
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Registrant may receive a transfer price commission, as specified from time to time at www.melbourneit.com.au/help/index.php?questionid=50103, which link or transfer price commission may be updated or amended by Melbourne IT from time to time (Transfer Price Commission) subject to:
6A.8.5.1 |
Registrant applying to Melbourne IT for that Transfer Price Commission within ninety days of the email notification referred to in clause 6A.8.4, in accordance with the process notified from time to time by Melbourne IT to Registrant (Transfer Price Commission Application); and
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6A.8.5.2
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Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT's standard authentication procedures, as applicable at the relevant time;
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6A.8.6
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If eligible and the Registrant has provided Melbourne IT with the Transfer Price Commission Application (but not otherwise), Registrant, will be paid the Transfer Price Commission within 30 days of receipt by Melbourne IT of the Transfer Price Commission Application (Payment Date Period) and in a manner determined by Melbourne IT in its sole discretion (including but not limited to, by a transfer of funds via a Paypal™ account or similar service), such manner to be detailed in an email communication to Registrant within the Payment Date Period. Registrant acknowledges that if Melbourne IT determines to pay the Transfer Price Commission via a Paypal™ account or similar service, Registrant will only be able to receive the Transfer Price Commission in the event that Registrant sets up an account with Paypal™ account or that other service (if applicable); and
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6A.8.7
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If eligible the Registrant will be paid any Transfer Price Commission (if applicable):
6A.8.7(A)
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subject to clause 6A.8.7(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or
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6A.8.7(B)
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if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission paid to Registrant:
6A.8.7(B)(i) |
will be paid inclusive of any goods and services tax ("GST") but exclusive of any other tax or charge which may apply to the commission under any relevant law, and for which Registrant shall be responsible; and
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6A.8.7(B)(ii)
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will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements of the GST legislation then in force.
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6A.8 |
Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.5 or 6A.6, any services in connection with the domain name (including without limitation, any email services) will cease.
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6A.9
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Registrant agrees that Melbourne IT may cease and not complete a Registrant Domain Name Transfer for any reason at any time (including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with any request from such party to do so).
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6A.10
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Nothing in this clause 6A will constitute an obligation for Melbourne IT to effect or an express or implied guarantee or warranty that Melbourne IT will be successful in effecting a Registrant Domain Name Transfer. In addition Melbourne IT takes no responsibility for (and will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain name by the Third Party Provider.
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6A.11 |
Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT's sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to exercise any other right available to Melbourne IT under this Agreement.
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7. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT
nor the registry administrator has any liability to the Registrant or the
Registrant's agent for any loss Registrant may incur in connection with
Melbourne IT's processing of this Registration Agreement, Melbourne IT's
processing of any pre-registration application or application for a domain name,
the processing of any authorized modification to the domain name's record during
the covered registration or renewal period, any action (or inaction of either Melbourne IT or any Third Party Provider under clause 6A), or the failure by the Registrant or
the Registrant's agent to pay a pre-registration fee or other fee
(including, without limitation, any registration fee or renewal fee),
or as a result of the application of the provisions of the relevant domain name
dispute policy. Registrant agrees that in no event will the liability of
Melbourne IT under this Agreement for any matter exceed, in the sole option of
Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT
for the provision of the services.
8. Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT and the registry administrator, their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal or pre-registration, or to the Registrant's use of the domain name. This clause survives termination of this Agreement.
9. Breach
Registrant agrees that failure to abide by any provision of this
Registration Agreement or the relevant domain name dispute policy
(including, without limitation, any domain name dispute policy that
applies during a pre-registration period) may be considered by Melbourne
IT to be a material breach and that Melbourne IT may provide a notice,
describing the breach, to the Registrant. If, within thirty (30) days of
the date of such notice, the Registrant fails to provide evidence, which
is reasonably satisfactory to Melbourne IT, that it has not breached its
obligations, then Melbourne IT may delete Registrant's registration of
the domain name. Any such breach by a Registrant shall not be deemed to
be excused simply because Melbourne IT did not act earlier in response to
that, or any other, breach by the Registrant. Notice may be given by mail,
facsimile or electronic means.
10. No Warranty by Melbourne IT
Registrant agrees that neither a pre-registration application nor a
registration of a domain name grants any legal rights of ownership of the
relevant domain name, nor does it confer immunity from objection to the
pre-registration, registration or use of the domain name.
11. Acknowledgements and Warranty
(i) Registrant acknowledges that it is Registrant's responsibility to ensure
that the domain name is renewed. Registrant agrees, in addition to the
indemnity above, to keep indemnified, release and hold harmless Melbourne IT
and the registry administrator, their directors, officers, employees and agents,
against any claim for damage or loss arising from any failure of Registrant's domain
name to be renewed by Registrant.
(ii) Registrant warrants that, to the best of Registrant's knowledge and
belief, neither its registration of a domain name nor the manner in
which it is directly or indirectly used infringes the legal rights of
a third party. Breach of this warranty will constitute a material breach.
12. Revocation
Registrant agrees that Melbourne IT may delete a Registrant's domain name
if any information required to be supplied by the Registrant under this
Registration Agreement, or subsequent modification(s) thereto, is false
or misleading, or conceals or omits any information Melbourne IT would
likely consider material to its decision to approve this Registration
Agreement.
13. Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy
may provide that registration of certain domain names is prohibited.
Melbourne IT, in its sole discretion, reserves the right to refuse to
approve the Registration Agreement for any Registrant. Registrant agrees
that the submission of this Registration Agreement does not obligate
Melbourne IT to accept this Registration Agreement. Registrant agrees
that Melbourne IT is not liable for loss or damage that may result from
Melbourne IT's refusal to accept this Registration Agreement.
14. Change in Registrar
Registrant agrees that it can change its Registrar for an existing
domain name only in accordance with registry administrator policy.
Registrant agrees it may not change its Registrar for a period of
sixty (60) days after initial registration of the domain name with
Melbourne IT.
15. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:
15.1
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to correct mistakes by Registrar or the registry administrator in registering the domain name;
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15.2 |
for the resolution of disputes concerning the domain name; or
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15.3 |
in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
In addition to the above rights, Melbourne IT may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in connection with any:
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15.4 |
activity that infringes the intellectual property rights or other rights of any third party;
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15.5 |
activity that defames or disparages any third party; or
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15.6
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otherwise illegal or fraudulent activity,
or otherwise in accordance with Melbourne IT's Acceptable Use Policy.
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16. Payment
16.1
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The registration fee is payable with the Application.
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16.2 |
Registration is not effective until the Registration fee has been paid and cleared.
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16.3 |
The registration is for the full period of years selected and paid for at the time of Application or renewal.
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16.4
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All fees are non-refundable.
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17. Non payment
Registrant agrees that failure to pay any fee for its domain name when due (as
evidenced for example by, without limitation, Registrant's credit card
company notifying Melbourne IT of Registrant disputing the payment of,
or refusing to pay such Registration fee, or where the Registrant's
credit card payment has been declined or reversed) will entitle Melbourne
IT to immediately transfer the relevant domain name from the Registrant
to Melbourne IT, at its sole discretion. Registrant acknowledges that
Melbourne IT will own all rights of the registered domain name holder
in respect of any domain name transferred to Melbourne IT under this
clause 16, including the right to sell the domain name to a third
party. Melbourne IT may in its sole discretion re-transfer the relevant
domain name to the Registrant subject to the Registrant's payment of
any outstanding Registration fee, and Registrant's payment of Melbourne
IT's then current re-transfer fee.
17. Severability
Registrant agrees that the terms of this Registration Agreement are
severable. If any term or provision is declared invalid, it shall not
affect the remaining terms or provisions, which shall continue to be
binding.
18. Application Details
Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration or renewal period and to respond within fifteen (15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
Registrant agrees that this Registration Agreement and the relevant
domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is
the complete and exclusive agreement between Registrant and Melbourne
IT regarding the registration of Registrant's domain name. This
Registration Agreement and the relevant domain name dispute policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy, or precedent.
19. Use of Information
19.1 |
Registrant acknowledges Information obtained from Registrant will be:
19.1.1
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transmitted to the registry administrator for registry use
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19.1.2
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publicly available as required by ICANN, the registry or the relevant regulator;
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19.1.3
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used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
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19.2
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Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by Melbourne IT. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Melbourne IT of its current agent as required by Melbourne IT.
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19.3
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Registrant consents to the use of the Information for the purposes set out in clauses 19.1.1 to 19.1.3.
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19.4
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Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Melbourne IT, the same information about use of those details as are set out in this clause 19, and that the third parties individually have consented to use of their personal data.
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19.5
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Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 19. Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at www.melbourneit.com.au/privacy/
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19.6
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Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
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20. Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
21. Entirety
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
22. Governing Law
22.1 |
Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia. |
22.2 |
In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from such Courts. |
22.3 |
In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Melbourne IT is located. |
23. General
23.1 |
Nothing in this Agreement may be construed as creating the
relationship of agency partnership or joint venture between
the parties. |
23.2 |
Failure by Melbourne IT to require Registrant to comply with a
provision of this agreement does not affect the full right to
require any provision to be performed at any time thereafter. |
Part B - Terms that apply to .com, .net, .org domain name registrations only
24. .com, .net and .org registry operators
Verisign Global Registry Services is the registry administrator responsible for administering the .com and .net domain name registry. Public Interest Registry is the registry administrator responsible for administering the .org domain name registry.
PART C - Multilingual Registrations
25. Special Provisions for ML.Registrations
Registrants who register an Internationalised Domain Name (hereafter
referred to as a 'Multilingual domain name') acknowledge that the
Multilingual system is at all times subject to any change in standards
published from time to time by the Internet Engineering Task Force
('IETF').
As at the date of this Agreement, IETF standards have been implemented
for .com, .net and .org Multilingual domain names.
Registrant acknowledges and agrees that any changes or amendments to
these IETF standards may cause the internal representation of a
Multilingual domain name or the licence period of a Multilingual domain
name to change, become invalid, or, be deleted. Such occurrences will be
resolved on a case-by-case basis by Melbourne IT, as they occur, to the
extent that Melbourne IT is able to do so.
No .org Multilingual domain name may be registered from the date of this
Agreement, unless Melbourne IT provides notification to the contrary.
REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE
EXTENT THAT SUCH REGISTRATION OR RENEWAL IS AVAILABLE OR PERMITTED) DO
SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT
AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND
THE REGISTRY ADMINISTRATOR, THEIR DIRECTORS, OFFICERS, EMPLOYEES AND
AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT AND
ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY
MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE OR VARIATION TO, OR ANY
RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE
INVALIDITY OF ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY
FEES PAID OR PAYABLE WILL BE MADE IF ANY MULTILINGUAL DOMAIN NAME IS
CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.
PART D - Terms that apply to other domain name pre-registrations and registrations
26. .biz, .info, .name, .travel and .cat Domain Names
A |
Should you seek to register a .biz second level domain name, you
must contractually agree to the following terms:
1. |
BIZ REGISTRY OPERATOR
NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry.
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2. |
BIZ RESTRICTIONS
Registrations in the .biz TLD must be used or intended to be
used primarily for bona fide business or commercial purposes.
For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall
mean 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:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services,
information, or property of any kind; or, (ii) the ordinary
course of trade or business.
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. |
3. |
BIZ CERTIFICATION
As a .biz domain name Registrant, you hereby certify to the
a) The registered domain name will be used primarily for bona
fide business or commercial purposes and not (i) exclusively
for personal use; or (ii) 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. For more information on the
.biz restrictions, which are incorporated herein by reference,
please see:
http://www.neulevel.biz/faqs/
b) The domain name Registrant has the authority to enter into
the registration agreement; and
c) The registered domain name is reasonably related to the
Registrant's business or intended commercial purpose at the
time of registration. |
4. |
PROVISION OF REGISTRATION DATA
4.1 |
Provision of Registration Data.
As part of the registration process, you are required to
provide the registry administrator with certain information
and to update this information to keep it current, complete
and accurate. This information includes:
(i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available;
(ii) the name of an authorized person for contact purposes
in the case of a Registrant that is an organization,
association, or corporation;
(iii) the IP addresses of the primary nameserver and any
secondary nameserver(s) for the domain name;
(iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(vii) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
(viii) any remark concerning the registered domain name that
should appear in the Whois directory.
You agree and understand that 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
site. For bulk services in respect of the registration data
which are provided by Melbourne IT, if the Registrant does
not consent to the use of such information for inclusion in
registers and data bases produced by Melbourne IT or its
licensees, then the Registrant is required to provide non
consent verification stating name, address, date and signed
by the appropriate authorised individual. This must be sent
to Melbourne IT Limited, 120 King Street, Melbourne 3000
Australia. |
4.2 |
Inaccurate or Unreliable Data.
You hereby represent and warrant 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. Your willful
provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to
the registry administrator, or any failure to respond for
over five calendar days to our inquiries addressed to the
e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with respect
to an 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, shall constitute a breach of this Agreement. Any
information collected by the registry administrator
concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN
Agreement or any ICANN/Registry Policy. |
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4. |
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .biz domain name through the
registry administrator, you agree to be bound by our current
domain name dispute policy that is incorporated herein and made
a part of this Agreement by reference. Please take the time to
familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be
bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
i. The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.biz/ardp/docs/stop.html; and
ii. The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP sets forth the terms and conditions in connection with
a dispute between a Registrant of a .biz domain name
("Registrant") with any third party (other than registry
administrator or registrar) over the registration or the use of a
.biz domain name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual Property
Claim Service is a service introduced by Registry administrator
to notify a trademark or service mark holder ("Claimant") that a
second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with
the STOP and its associated Rules, those Claimants will have the
right to challenge registrations through independent
ICANN-accredited dispute resolution providers. The RDRP sets
forth the terms under which any allegation that a domain name is
not used primarily for business or commercial purposes shall be
enforced on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or
through Registry administrator. Registry administrator will not
review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP
or UDRP processes. |
5. |
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that the registry administrator, in its sole
discretion, may modify its dispute policy. The registry
administrator will post any such revised policy on its Website
at least thirty (30) calendar days before it becomes effective.
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. |
6. |
RESERVATION OF RIGHTS
Melbourne IT and the .biz registry administrator, NeuLevel, Inc.
expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its 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 Melbourne IT and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and
employees. Melbourne IT and NeuLevel, Inc. also reserve the
right to freeze a domain name during resolution of a dispute. |
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B |
Should you seek to register a .info second level domain name, you
must contractually agree to the following terms:
1. |
Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
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2. |
Registrant consents to the use, copying, distribution,
publication, modification, and other processing of the
Registrant's Personal Data by the .INFO registry administrator,
and its designees and agents in a manner consistent with the
purposes specified pursuant in its contract with ICANN. |
3. |
Registrant agrees to submit to proceedings under the UDRP
Dispute Policy and comply with the requirements set forth by the
registry administrator for domain names registered during the
Sunrise Period, These policies are subject to modification by
the registry administrator. |
4. |
Registrant agrees to immediately correct and update the
registration information for any domain name during its
registration term, failure to correct this information shall
constitute a breach of this Agreement. Registrant acknowledges
that the registry administrator 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 including, without limitation: (a) the ability or
inability of a Registrant 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. |
5. |
Registrar and the registry administrator expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its 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
Registrar and/or the registry administrator as well as their
affiliates, subsidiaries, officers, directors and employees.
Registrar and the registry administrator also reserve the right
to freeze a domain name during resolution of a dispute. |
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C |
Should You seek to register a .name third level domain name you
must contractually agree to the following terms:
1. |
Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
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2. |
You acknowledge that your right to register a .name domain name
is subject to You complying with the .name eligibility
requirements, which are set out on the website of the .name
registry administrator, and which are currently located at
http://www.gnr.name/ (the "Eligibility Requirements").
You agree that your registration of any .name domain name will
be in compliance with the terms of the Eligibility Requirements,
as these may be amended by the .name registry administrator
from time to time. |
3. |
You acknowledge that your right to register a .name domain name
is subject to You complying with the .name acceptable use
policy, which is set out on the website of the registry
administrator, and which is currently located at
http://www.gnr.name/ (the "Acceptable Use Policy").
You agree that Your registration of any .name domain name will
be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .name registry administrator from
time to time. |
4. |
In addition to the UDRP Process described in Clause 4, You agree
that on successful registration of a .name domain name, You will
be bound by the Eligibility Requirements Disputes Resolution
Policy (the "ERDRP"). The ERDRP is set out on the website of
the registry administrator, and is currently located at
http://www.gnr.name/,
and should be read in conjunction with the following related
information:
i) Summary of Eligibility Requirements Dispute Resolution Policy
(which is currently located at http://www.gnr.name/);
ii) Disputes: Filing a Complaint (which is currently located at
http://www.gnr.name/);
iii) ERDRP Rules (which is currently located at
http://www.gnr.name/);
and
iv) ERDRP Dispute Resolution Providers (which is currently
located at http://www.gnr.name/). |
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You agree to be bound by the ERDRP, as this policy (and any related
information as described above) may be amended from time to time by
the registry administrator.
D |
Should you seek to register a .travel second level domain name you must contractually agree to the following terms:
1. |
Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
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2. |
ELIGIBILITY REQUIREMENT. Registrations in the .travel name space are restricted to people, organizations, associations and private, governmental and non-governmental agencies in the travel and tourism industry. Registrant acknowledges that its right to register a .travel domain name is subject to Registrant complying with the .travel eligibility requirements, which are set out on the web site of the .travel registry administrator, and which are currently located at www.tralliance.info/ (the "Eligibility Requirements"). Registrant agrees that the registration of any .travel domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .travel registry administrator from time to time. The Eligibility Requirements are incorporated herein by reference. |
3. |
CONTINUING ELIGIBILITY. Registrant agrees to maintain its eligibility to hold a .travel license throughout the term of the license, including renewal. If Registrant ceases to be a member of the travel or tourism industry as defined by the current policies of the Registry, Registrant must give notice of such change within 14 days of ceasing to be eligible to hold the license. In the event that Registrant does not notify the Registry of such change of status, the Registry will revoke all registrations held by Registrant immediately upon becoming aware of the change of status. |
4. |
WARRANTIES. Registrant warrants that:
i) Registrant understands and meets the Eligibility Requirements;
ii) Registrant's selected domain name meets the requirements of the .travel Registry Policies (currently located at www.tralliance.info/);
iii) Any information provided by Registrant is accurate and complete and any future changes to this information will be provided in a timely manner;
iv) Registrant has the authority to enter into the Registration Agreement;
v) Registrant is able to enter into this agreement and if a real person is of legal age; and
vi) Registrant's domain name is not registered for an unlawful purpose. |
5. |
INFORMATION REQUIREMENT. Registrant acknowledges that any travel organization assisting the Registry in the authentication process will be required to solicit and receive an update of all authentication data from Registrant within 30 or up to 60 days prior to the anniversary date of registration. In the event that Registrant is no longer eligible to hold the license, Registrant will be given 30 days to provide updated data which confirms Registrant's eligibility. Where such authentication data is not provided by Registrant or does not confirm Registrant's eligibility, the Registry will inform Registrant and Registrant will have the right to request a review of the denial as if it had been an initial registration. Should Registrant remain ineligible at the end of the review, the Registry will revoke the registration. |
6. |
DISPUTE RESOLUTION In addition to the UDRP Process outlined in Clause 4, Registrant agrees that on successful registration of a .travel domain name, Registrant will be bound by the following:
i. in relation to disputes by any third party that Registrant is not eligible to hold a .travel domain name, the ICANN Charter Eligibility Dispute Resolution Policy (CEDRP); and
ii. in relation to a formal complaint by Registrant over a denial of Registrant's eligibility to hold a .travel domain name, a decision of the Domain Name Denial Review Panel of the Travel Partnership Corporation (TTCP). |
7. |
REVOCATION OF LICENSE. In addition to clause 14, Melbourne IT and the Registry administrator may revoke Registrant's license to use a .travel domain name for the following reasons:
i) to protect the integrity and stability of the Registry;
ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement or any dispute resolution process;
iiii) to avoid any liability, civil or criminal, on part of Registry as well as its affiliates, subsidiaries, agents, officers, directors, and employees;
iv) for violations of this Agreement or any ICANN or Registry policy;
v) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
vi) if Registrant ceases to be a member of the eligible community defined by the .travel Charter and policies;
vii) failure by Registrant to comply with any .travel policy that applies to Registrant at any time;
viii) if Registrant's .travel domain name or Registrant's use of the .travel domain name is not in the best interests of the travel community; and
ix) if any information provided by Registrant in the course of registration is incorrect. |
8. |
RESERVATION OF RIGHTS. Melbourne IT and the .travel registry administrator, Tralliance Corporation, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its 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 Melbourne IT and/or Tralliance Corporation., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT and Tralliance Corporation also reserve the right to freeze a domain name during resolution of a dispute. |
9. | ICANN POLICY. Registrant must comply with all ICANN and .travel registry and registry administrators standards, policies, procedures and practices as notified to if from time to time by Registrar. |
10. | THIRD PARTY BENEFICIARY. Registrant acknowledges that the .travel registry administrator is an intended third party beneficiary of this Registration Agreement. |
11. | INDEMNITY. Without limiting clause 7, Registrant agrees to indemnify, keep indemnified and hold the .travel registry and registry administrator, their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns harmless from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant's domain name registration. |
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E |
Should you seek to register a .cat second level domain name you must contractually agree to the following terms:
1. |
Fundaciò puntCAT is the registry administrator responsible for administering the .cat domain name registry.
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2. |
You acknowledge that your right to register a .cat domain name is subject to You complying with the .cat eligibility requirements, which are set out on the website of the .cat registry administrator, and which are currently located at http://www.puntcat.cat (the "Eligibility Requirements"). You agree that your registration of any .cat domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .cat registry administrator from time to time. |
3. |
You acknowledge that your right to register a .name domain name is subject to You complying with the .cat acceptable use policy, which is set out on the website of the registry administrator, and which is currently located at http://www.puntcat.cat (the "Acceptable Use Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as these may be amended by the .cat registry administrator from time to time. |
4. |
REGISTRATION AGREEMENT. The registrant agrees to be bound by the .cat Registration Agreement between the registrant and .cat registry administrator, as may be updated from time to time. The .cat Registration Agreement is located at http://www.puntcat.cat. |
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F |
Should you seek to register a .mobi second level domain name you must contractually agree to the following terms:
1. | mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry.
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2. |
You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the StyleGuide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes in the time allotted.
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3. |
INDEMNITY. Without limiting clause 7, you agree to indemnify, defend, keep indemnified and hold Affilias Limited (Registry Services Provider), its directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name registration, renewal or pre-registration, or to your use of the domain name. This clause survives termination of this Agreement.
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4. |
THIRD PARTY BENEFICIARY. Notwithstanding anything in this agreement to the contrary, the registry administrator is and shall be an intended third party beneficiary of this Agreement. As such, the you acknowledge and agree that the third party beneficiary rights of the registry administrator have vested and that the registry administrator has relied on its third party beneficiary rights under this agreement in agreeing to Melbourne IT being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights shall survive any termination or expiration of this agreement.
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5. |
POLICY. You must comply with all ICANN and .mobi registry and registry administrator's standards, requirements, policies, procedures and practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi, and as notified from time to time by the registry administrator or Melbourne IT ('Registry Policies'). You agree that your registration of any .mobi domain name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time to time.
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6. |
USE OF PERSONAL DATA. You consent to the use, copying, distribution, publication, modification and other processing of your personal data by the registry administrator and its designees and agents for such purposes as may be notified to Melbourne IT by the registry administrator from time to time. You otherwise agree to the provisions of clause 22 of this Agreement.
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7. |
APPLICATION DETAILS You agree to be bound by the provisions of clause 21 of this Agreement.
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8. |
You agree to be bound by the terms and conditions of the initial launch and general operations of the registry administrator, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period (as outlined at www.mtld.mobi), and further acknowledge that the registry administrator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
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9. |
REVOCATION, TRANSFER AND CANCELLATION OF LICENSE. Without limiting clause 14, you acknowledge and agree that the .mobi registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; to avoid any liability, civil or criminal, on the part of the registry or any registrar in connection with a domain name registration. The registry also reserves the right to freeze a registered name during resolution of a dispute.
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