I'm not sure what they're saying? Are they offering to sell me the domain (so i can move it to a host i like better) or are they offering to let me lease it? for 60$ a year!?!?!? any help would be appreciated.
Good news!
We are pleased to inform you that Melbourne IT has been successful in securing the Category B Domain Name *********
Melbourne IT is contacting you in response to expression of interest that was submitted by you regarding the Domain Name *********.
If you are no longer interested in purchasing the Domain Name, please inform us that you would like to delete your interest in the Domain Name by sending an email to us at deleterequest@melbourneit.com.
Melbourne IT is offering you the opportunity to purchase the Domain Name. Our offer is subject to the Terms and Conditions of Melbourne IT?s Names by Request Service located at http://www.melbourneit.com.au/policies/domainmonitoringtandcs.php, as previously agreed to by you, and to the following additional terms:
You can purchase the Domain Name for the following prices:
1 year Purchase Price = USD$60
2 year Purchase Price = USD$95
5 year Purchase Price = USD$105
10 year Purchase Price = USD$150
(Get FREE Web forwarding on Domain Name purchases over 5 years, currently priced at USD $30 per year)
* Register for a longer period & SAVE.
In order to purchase the Domain Name for one of the above prices, you must either:
(A) Complete the accompanying ?Names By Request Application Form? (which includes the terms and conditions of the Domain Name Sale Agreement, and which is a condition of you obtaining the Domain Name) attached and fax this to us on + 61 3 8624 2434 (the Domain Name Documentation);
OR
(B) Contact a Melbourne IT representative on + 61 3 9628 3613 to order via telephone and we will provide you with the Domain Name Documentation, which you must fax to us, as specified in paragraph (A) above.
Please note that if we do not receive the signed and completed Domain Name Documentation within 48 hours of the time of Melbourne IT making this offer to you, Melbourne IT reserves the right to offer the Domain Name to any other interested parties in accordance with the Terms and Conditions of Melbourne IT?s Names by Request Service located at http://www.melbourneit.com.au/policies/domainmonitoringtandcs.php.
Thank you for using Melbourne IT?s names by Request Service. We are glad we could provide you with an opportunity to secure the Domain Name.
Wishing you online success
Melbourne IT ? Names by Request Team
Fatih Arik
Web Solutions Consultant
Melbourne IT Ltd.
Phone: +61 3 9628 3613
Fax: +61 3 8624 2434
email: fatih.arik@melbourneit.com.au
Add: Level2 120 King Street
Melbourne Vic 3000
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Melbourne IT?s Web Solutions Team
Helping your business succeed online
www.melbourneit.com.au
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DISCLAIMER
This message and/or attached documents may contain confidential and privileged information and should only be read by those persons to whom his message is addressed. This message is copyright to Melbourne IT and disclosure, copying or forwarding this message and attachments without the owner's approval is prohibited and may be unlawful. If you have received this message in error, please notify the sender via return email and delete the original message from any computer. Thank you for your co-operation.
DOMAIN NAME SALE AGREEMENT
These are the terms and conditions pursuant to which Melbourne IT agrees to sell the Domain Name to the Buyer. Please read these terms and conditions carefully as they are legally binding on the Buyer.
AGREEMENT
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following terms have these meanings:
?Agreement? means this Domain Name Sale Agreement.
?Application Form? means the Application Form completed by the Buyer with respect to the purchase of the Domain Name.
?Completion? means completion of the sale and purchase of the Domain Name in accordance with clause 5 and ?Complete? has a corresponding meaning.
?Confidential Information? means information of Melbourne IT or the Company (irrespective of whether or not it has been reduced to material form) that:
(a) is by its nature confidential;
(b) is designated by Melbourne IT as confidential; or
(c) which the Buyer knows or ought to know is confidential, and includes:
(d) information comprised in or relating to any Intellectual Property Rights (whether registered or unregistered) of Melbourne IT or the Company including information relating to any trade secrets or know-how of Melbourne IT or the Company; and
(e) information relating to the financial position of Melbourne IT or the Company and, in particular, includes information relating to the assets and liabilities of Melbourne IT or the Company, its customers and its financial standing generally and information relating to any business or marketing plans, projections, arrangements or agreements with third parties, customer information, accounting records and other information relating to the business of Melbourne IT or the Company generally; provided that the information is not:
(f) information in the public domain at the time that it is provided to or obtained by the Buyer; or
(g) information which after it is provided to or obtained by the Buyer, becomes a part of the public domain other than through a breach by the Buyer.
?Dollars $? means the lawful currency of Australia (unless otherwise indicated in this Agreement or the Application Form).
?Domain Name? means the domain name licence in respect of the domain name specified in the Application Form, which the Buyer desires to purchase from Melbourne IT.
?Intellectual Property Rights? means all intellectual or industrial property protectable by statute, at common law or in equity and includes all know how, inventions, patents, copyright, designs (whether or not registerable), trade secrets, circuit layout designs, circuit layout rights registered and unregistered trade marks, trade names, logos and getup (and any copyright in such trade marks, trade names, logos and get-up) and confidential information and all other rights and interests of a like nature.
?Loss and Damage? means any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and all related costs and expenses (including all legal fees on a full indemnity basis and any costs of investigation, litigation, settlement and judgment), however arising and whether present or future, fixed or unascertained, actual or contingent.
?Melbourne IT? means Melbourne IT Ltd (ACN 073 716 793).
?party? means Melbourne IT or the Buyer (as the context requires) and ?parties? means collectively, Melbourne IT and the Buyer.
?Purchase Price? means the Purchase Price specified in the Application Form.
?Registration Agreement? means the Registration Agreement with respect to the Domain Name between Melbourne IT, in its capacity as Registrar and the Buyer, as specified on Melbourne IT?s Website from time to time (located at http://www.melbourneit.com.au/policies/\), and also as specified in Schedule 1.
"Registry" means the entity authorised to operate the registry for the Domain Name.
"Regulator" means the entity responsible for the regulation of the Domain Name.
?Relevant Party? means each of the following:
(a) Melbourne IT;
(b) the Company; and
(c) the directors, officers, employees, agents and consultants of Melbourne IT or the Company, and ?Relevant Parties? shall mean all of the parties specified above.
?the Buyer? means the party specified in the Application Form with respect to the Domain Name who desires to purchase the Domain Name from Melbourne IT.
?the Company? means Names by Request Pty Ltd (ACN 111 537 967).
1.2 In this Agreement, the Schedule to this Agreement form part of this Agreement.
2. AGENCY
2.1 The Buyer acknowledges that Melbourne IT enters into this Agreement as agent for and on behalf of the Company.
2.2 The Buyer agrees:
2.2.1 that Melbourne IT may exercise any rights under this Agreement on behalf of the Company; and
2.2.2 that any act performed by Melbourne IT for and on behalf of the Company in connection with this Agreement will be regarded as an act validly performed by the Company under this Agreement (other than Clause 5.2, which shall be performed by Melbourne IT in its capacity as Registrar).
2.3 The Buyer agrees that the Company may at any time revoke Melbourne IT?s authority to act as its agent in connection with this Agreement, by written notice to the Buyer. If the Company provides the Buyer with such written notice, the Company may elect to act in its own right, or, substitute another entity to act as its agent, in connection with this Agreement.
3. SALE AND PURCHASE OF DOMAIN NAME
Melbourne IT agrees to sell the Domain Name to the Buyer and the Buyer agrees to purchase the Domain Name from Melbourne IT, subject to, and upon the terms and conditions of this Agreement.
3. PURCHASE PRICE
The consideration for the sale and purchase of the Domain Name is the Purchase Price.
4. REGISTRATION AGREEMENT
4.1 The Buyer acknowledges that the Buyer has read and understood the Registration Agreement and agrees to be bound by the terms and conditions of the Registration Agreement. The Buyer agrees, for the avoidance of doubt that notwithstanding any provision in this Agreement or the existence of this Agreement generally, Melbourne IT may exercise any right available to it in connection with the Domain Name, as referred to or contemplated by, the Registration Agreement.
4.2 The Buyer warrants:
4.2.1 that neither the registration of the Domain Name in the name of the Buyer nor the manner in which it is directly or indirectly used by the Buyer will infringe the Intellectual Property Rights, propriety rights or other legal rights of any third party; and
4.2.2 that the Buyer will at all times comply with the terms of the Registration Agreement with respect to the Domain Name.
4.3 To the extent of any inconsistency between this Agreement and the Registration Agreement, the terms and conditions of this Agreement shall prevail.
5. COMPLETION
5.1 Completion will take place on the date upon which Melbourne IT receives the Purchase Price from the Buyer in cleared funds.
5.2 At Completion:
5.2.1 Melbourne IT will transfer ownership of the Domain Name from the Company to the Buyer; and
5.2.2 Melbourne IT will update the Domain Name contact details from the Company to such contact details specified by the Buyer in the Application Form.
6. NO WARRANTIES
6.1 To the extent permitted by law, neither Melbourne IT nor the Company make any guarantee, warranty or representation whatsoever, whether express or implied, in connection with the Domain Name, including, without limitation any guarantee, warranty or representation:
6.1.1 that the Domain Name does not infringe any third party?s Intellectual Property Rights, proprietary rights or other legal rights;
6.1.2 that the Buyer will be immune from objection or challenge to the Buyer?s use (whether direct or indirect) of, or the right to use, the Domain Name following Completion;
6.1.3 that following Completion, Melbourne IT will not be required in its capacity as the Registrar of the Domain Name, to transfer the Domain Name to a third party, or suspend or cancel the Domain Name, either as contemplated by the terms of the Registration Agreement, or, as required by the Registry and/or the Regulator.
7. USE OF DOMAIN NAME
In addition to the any agreement made by the Buyer to Melbourne IT under the Registration Agreement, the Buyer agrees that:
7.1 the Buyer (and no Relevant Party) will be responsible for any use (whether direct or indirect) of, or the right to use, the Domain Name;
7.2 no Relevant Party will be responsible for any conflict, dispute, claim or demand whatsoever that may occur or be made against the Buyer following Completion in connection with the Domain Name, including, without limitation, any conflict, dispute, claim or demand relating to or arising from:
7.2.1 registered or unregistered trade marks, Intellectual Property Rights or other proprietary rights or legal rights that may subsist in third parties; and/or
7.2.2 defamation of another person; and/or
7.2.3 any use (whether direct or indirect) of the Domain Name by the Buyer.
8. MELBOURNE IT REGISTRAR ROLE
Nothing under this Agreement requires, and the Buyer may not require, Melbourne IT, either before or after Completion, to perform any act or do any thing which, in Melbourne IT?s sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or generally.
9. LIABILITY
9.1 The Buyer agrees that no Relevant Party shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by the Buyer or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if the Relevant Party has been advised of the possibility of such damages.
9.2 Subject to clause 9.1, the Buyer further agrees that the total aggregate liability of the Relevant Parties for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) whatsoever shall not exceed the Purchase Price.
9.3 The Buyer agrees that where any statute implies any term into this Agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this Agreement. However, the liability of the Relevant Parties for any breach of the term will, if permitted by that statute, be limited, at Melbourne IT?s
option:
9.3.1 in the case of goods:
9.3.1.1 to the replacement of the goods or supply of equivalent goods or payment of the cost of doing so; or
9.3.1.2 the repair of the goods or payment of the cost of having the goods repaired;
9.3.2 in the case of services, to the re-supply of the services again; or payment of the cost of having the services supplied again.
9.4 Melbourne IT acknowledges that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to the Buyer. In such jurisdictions, the liability of any Relevant Party shall be limited to the greatest extent permitted by applicable law.
10. INDEMNITY
The Buyer shall indemnify each Relevant Party from any Loss and Damage threatened, asserted, or filed by a third party against any Relevant Party, or arising out of or relating to:
10.1 any breach of this Agreement by the Buyer (including, a breach of any warranty made by the Buyer under this Agreement); and/or
10.2 any breach by the Buyer of the Registration Agreement; and/or
10.3 the Buyer?s use (whether direct or indirect) of the Domain Name following Completion; and/or
10.4 any act or omission of the Buyer in connection with the Domain Name.
11. DEFAULT BY THE BUYER
If the Buyer does not Complete, other than as a result of default by Melbourne IT, Melbourne IT may give the Buyer notice requiring the Buyer to Complete within 2 days of receipt of the notice. If the Buyer does not Complete within that period, Melbourne IT may elect to proceed for specific performance or terminate this Agreement. In such case, Melbourne IT may also seek damages for the default. This termination does not effect any other rights Melbourne IT has against the Buyer at law or in equity.
12. CONFIDENTIALITY
12.1 The Buyer must keep secret and confidential all Confidential Information and must not directly or indirectly disclose all or any part of the Confidential Information to any third party or use all or any part of the Confidential Information for any purpose whatsoever save as specifically authorised in this Agreement or as required by applicable laws.
12.2 The Buyer must keep confidential and must not disclose the provisions of any negotiations between the parties or the existence of this Agreement or the terms and conditions contained in it, other than on such terms as are agreed in writing by the parties.
13. GENERAL
13.1 Each party agrees, at its own expense, to do anything ?such as obtaining consents, signing, and producing documents and getting documents completed and signed? as may be necessary or desirable to give full effect to the provisions of this Agreement and the transactions contemplated by it.
13.2 Time is of the essence of this Agreement in respect of any date or period determined under this Agreement.
13.3 Clauses 4, 6, 7, 8, 9, 10, 12 and 13.5 shall survive the termination of this Agreement.
13.4 This Agreement, including its Schedule:
13.4.1 constitutes the entire agreement between the parties as to its subject matter; and
13.4.2 in relation to that subject matter, supersedes any prior understanding or agreement between the parties.
13.5 This Agreement will be governed by and construed according to the law of the state of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, and courts entitled to hear appeals from those courts.
13.6 Any notice to be given under this Agreement is deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.
13.7 Any express statement of a party?s right under this Agreement is without prejudice to any other right of that party expressly stated in this Agreement or arising at law.
13.8 The Buyer may not make or authorise a press release or other public statement directly or indirectly relating to this Agreement or the negotiations and dealings between the parties unless Melbourne IT has given its prior written consent to the nature, content and timing of the release or statement, which Melbourne IT may withhold in its absolute discretion.
13.9 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, that provision will be deleted and the remaining provisions of the Agreement will remain in full force.
13.10 The failure of a party to require performance of any obligation under this Agreement is not a waiver of that party?s right:
13.10.1 to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
13.10.2 at any other time to require performance of that or any other obligation under this Agreement.
_____________________________
SCHEDULE 1
REGISTRATION AGREEMENT
Date: January 2003
DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info and .name registrations only
TERMS AND CONDITIONS
General
1. Introduction This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the "Registrant") to Melbourne IT Limited ACN 073 716 793 ('Melbourne IT') for the purpose of registering a domain name on the Internet. Clauses 1-19 set out the general provisions governing all domain name registrations under this Registration Agreement. Clauses 20 - 22 set out the additional provisions specific to .com, .net and .org domain name registrations. Clause 23 sets out the additional provisions specific to multi-lingual domain name registrations. Clause 24 sets out the additional provisions specific to .biz, .info and .name domain name pre-registrations and registrations. 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 .com, .net, .org, .biz, .info or .name domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Terminology
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers ('ICANN'). 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. NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
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 "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of .biz, .info and .name domain names, 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 clause 24A(4) for .biz, in clause 24B(2) for .info and in clause 24C(3) for .name (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 provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed at http://www.melbourneit.com.au/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be viewed at http://www.melbourneit.com.au/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. 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 period, or the failure by the Registrant's agent to pay a pre-registration or 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.
7. 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 or pre-registration, or to the Registrant's use of the domain name.
8. 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.
9. 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.
10. Warranty
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.
11. 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.
12. 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.
13. 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.
14. 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:
14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
14.2 for the resolution of disputes concerning the domain name; or
14.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
15. Non payment
Registrant agrees that failure to pay any Registration fee 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 15, 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 re-transfer fee of US$25 (exclusive of local taxes).
16. 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.
17. 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.
18. Governing Law
Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Victoria (including the Victorian Registry of the Federal Court of Australia) and all courts hearing appeals from such Courts.
19. General
19.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
19.2 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.
.com, .net, .org Domain Name Registrations
20. Payment
20.1 The Registration fee is payable with the Application.
20.2 Registration is not effective until the Registration fee has been paid and cleared.
20.3 The Registration is for the full period of years selected and paid for at the time of Application or renewal.
20.4 All fees are non-refundable.
21. 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 period and to respond within fifteen(15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
22. Use of Information
22.1 Registrant acknowledges Information obtained from Registrant will be
22.1.1 transmitted to the registry administrator for registry use
22.1.2 publicly available as required by ICANN
22.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
22.2 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.
22.3 Registrant consents to the use of the Information for the purposes set out in clauses 22.1.1 to 22.1.3. If Registrant does not consent to the use of the Information for the purposes set out in clause 22.1.3, 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
22.4 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 22, and that the third parties individually have consented to use of their personal data.
22.5 Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 22. Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at http://www.melbourneit.com.au/privacy/.
22.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Multilingual Registrations
23. 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.
.biz, .info and .name Domain Name Pre-registrations and Registrations 24. .biz, .info and .name Domain Names A Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
1. 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.
2. 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/biztld_qa.htm#7
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.
3. PROVISION OF REGISTRATION DATA
3.1 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.
3.2 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.
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 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.
B Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:
1. 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.
2. 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.
3. 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.
4. 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.
C Should You seek to register a .name third level domain name you must contractually agree to the following terms:
1. 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.
2. 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.
3. 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/).
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.
Good news!
We are pleased to inform you that Melbourne IT has been successful in securing the Category B Domain Name *********
Melbourne IT is contacting you in response to expression of interest that was submitted by you regarding the Domain Name *********.
If you are no longer interested in purchasing the Domain Name, please inform us that you would like to delete your interest in the Domain Name by sending an email to us at deleterequest@melbourneit.com.
Melbourne IT is offering you the opportunity to purchase the Domain Name. Our offer is subject to the Terms and Conditions of Melbourne IT?s Names by Request Service located at http://www.melbourneit.com.au/policies/domainmonitoringtandcs.php, as previously agreed to by you, and to the following additional terms:
You can purchase the Domain Name for the following prices:
1 year Purchase Price = USD$60
2 year Purchase Price = USD$95
5 year Purchase Price = USD$105
10 year Purchase Price = USD$150
(Get FREE Web forwarding on Domain Name purchases over 5 years, currently priced at USD $30 per year)
* Register for a longer period & SAVE.
In order to purchase the Domain Name for one of the above prices, you must either:
(A) Complete the accompanying ?Names By Request Application Form? (which includes the terms and conditions of the Domain Name Sale Agreement, and which is a condition of you obtaining the Domain Name) attached and fax this to us on + 61 3 8624 2434 (the Domain Name Documentation);
OR
(B) Contact a Melbourne IT representative on + 61 3 9628 3613 to order via telephone and we will provide you with the Domain Name Documentation, which you must fax to us, as specified in paragraph (A) above.
Please note that if we do not receive the signed and completed Domain Name Documentation within 48 hours of the time of Melbourne IT making this offer to you, Melbourne IT reserves the right to offer the Domain Name to any other interested parties in accordance with the Terms and Conditions of Melbourne IT?s Names by Request Service located at http://www.melbourneit.com.au/policies/domainmonitoringtandcs.php.
Thank you for using Melbourne IT?s names by Request Service. We are glad we could provide you with an opportunity to secure the Domain Name.
Wishing you online success
Melbourne IT ? Names by Request Team
Fatih Arik
Web Solutions Consultant
Melbourne IT Ltd.
Phone: +61 3 9628 3613
Fax: +61 3 8624 2434
email: fatih.arik@melbourneit.com.au
Add: Level2 120 King Street
Melbourne Vic 3000
===========================================
Melbourne IT?s Web Solutions Team
Helping your business succeed online
www.melbourneit.com.au
===========================================
DISCLAIMER
This message and/or attached documents may contain confidential and privileged information and should only be read by those persons to whom his message is addressed. This message is copyright to Melbourne IT and disclosure, copying or forwarding this message and attachments without the owner's approval is prohibited and may be unlawful. If you have received this message in error, please notify the sender via return email and delete the original message from any computer. Thank you for your co-operation.
DOMAIN NAME SALE AGREEMENT
These are the terms and conditions pursuant to which Melbourne IT agrees to sell the Domain Name to the Buyer. Please read these terms and conditions carefully as they are legally binding on the Buyer.
AGREEMENT
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following terms have these meanings:
?Agreement? means this Domain Name Sale Agreement.
?Application Form? means the Application Form completed by the Buyer with respect to the purchase of the Domain Name.
?Completion? means completion of the sale and purchase of the Domain Name in accordance with clause 5 and ?Complete? has a corresponding meaning.
?Confidential Information? means information of Melbourne IT or the Company (irrespective of whether or not it has been reduced to material form) that:
(a) is by its nature confidential;
(b) is designated by Melbourne IT as confidential; or
(c) which the Buyer knows or ought to know is confidential, and includes:
(d) information comprised in or relating to any Intellectual Property Rights (whether registered or unregistered) of Melbourne IT or the Company including information relating to any trade secrets or know-how of Melbourne IT or the Company; and
(e) information relating to the financial position of Melbourne IT or the Company and, in particular, includes information relating to the assets and liabilities of Melbourne IT or the Company, its customers and its financial standing generally and information relating to any business or marketing plans, projections, arrangements or agreements with third parties, customer information, accounting records and other information relating to the business of Melbourne IT or the Company generally; provided that the information is not:
(f) information in the public domain at the time that it is provided to or obtained by the Buyer; or
(g) information which after it is provided to or obtained by the Buyer, becomes a part of the public domain other than through a breach by the Buyer.
?Dollars $? means the lawful currency of Australia (unless otherwise indicated in this Agreement or the Application Form).
?Domain Name? means the domain name licence in respect of the domain name specified in the Application Form, which the Buyer desires to purchase from Melbourne IT.
?Intellectual Property Rights? means all intellectual or industrial property protectable by statute, at common law or in equity and includes all know how, inventions, patents, copyright, designs (whether or not registerable), trade secrets, circuit layout designs, circuit layout rights registered and unregistered trade marks, trade names, logos and getup (and any copyright in such trade marks, trade names, logos and get-up) and confidential information and all other rights and interests of a like nature.
?Loss and Damage? means any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and all related costs and expenses (including all legal fees on a full indemnity basis and any costs of investigation, litigation, settlement and judgment), however arising and whether present or future, fixed or unascertained, actual or contingent.
?Melbourne IT? means Melbourne IT Ltd (ACN 073 716 793).
?party? means Melbourne IT or the Buyer (as the context requires) and ?parties? means collectively, Melbourne IT and the Buyer.
?Purchase Price? means the Purchase Price specified in the Application Form.
?Registration Agreement? means the Registration Agreement with respect to the Domain Name between Melbourne IT, in its capacity as Registrar and the Buyer, as specified on Melbourne IT?s Website from time to time (located at http://www.melbourneit.com.au/policies/\), and also as specified in Schedule 1.
"Registry" means the entity authorised to operate the registry for the Domain Name.
"Regulator" means the entity responsible for the regulation of the Domain Name.
?Relevant Party? means each of the following:
(a) Melbourne IT;
(b) the Company; and
(c) the directors, officers, employees, agents and consultants of Melbourne IT or the Company, and ?Relevant Parties? shall mean all of the parties specified above.
?the Buyer? means the party specified in the Application Form with respect to the Domain Name who desires to purchase the Domain Name from Melbourne IT.
?the Company? means Names by Request Pty Ltd (ACN 111 537 967).
1.2 In this Agreement, the Schedule to this Agreement form part of this Agreement.
2. AGENCY
2.1 The Buyer acknowledges that Melbourne IT enters into this Agreement as agent for and on behalf of the Company.
2.2 The Buyer agrees:
2.2.1 that Melbourne IT may exercise any rights under this Agreement on behalf of the Company; and
2.2.2 that any act performed by Melbourne IT for and on behalf of the Company in connection with this Agreement will be regarded as an act validly performed by the Company under this Agreement (other than Clause 5.2, which shall be performed by Melbourne IT in its capacity as Registrar).
2.3 The Buyer agrees that the Company may at any time revoke Melbourne IT?s authority to act as its agent in connection with this Agreement, by written notice to the Buyer. If the Company provides the Buyer with such written notice, the Company may elect to act in its own right, or, substitute another entity to act as its agent, in connection with this Agreement.
3. SALE AND PURCHASE OF DOMAIN NAME
Melbourne IT agrees to sell the Domain Name to the Buyer and the Buyer agrees to purchase the Domain Name from Melbourne IT, subject to, and upon the terms and conditions of this Agreement.
3. PURCHASE PRICE
The consideration for the sale and purchase of the Domain Name is the Purchase Price.
4. REGISTRATION AGREEMENT
4.1 The Buyer acknowledges that the Buyer has read and understood the Registration Agreement and agrees to be bound by the terms and conditions of the Registration Agreement. The Buyer agrees, for the avoidance of doubt that notwithstanding any provision in this Agreement or the existence of this Agreement generally, Melbourne IT may exercise any right available to it in connection with the Domain Name, as referred to or contemplated by, the Registration Agreement.
4.2 The Buyer warrants:
4.2.1 that neither the registration of the Domain Name in the name of the Buyer nor the manner in which it is directly or indirectly used by the Buyer will infringe the Intellectual Property Rights, propriety rights or other legal rights of any third party; and
4.2.2 that the Buyer will at all times comply with the terms of the Registration Agreement with respect to the Domain Name.
4.3 To the extent of any inconsistency between this Agreement and the Registration Agreement, the terms and conditions of this Agreement shall prevail.
5. COMPLETION
5.1 Completion will take place on the date upon which Melbourne IT receives the Purchase Price from the Buyer in cleared funds.
5.2 At Completion:
5.2.1 Melbourne IT will transfer ownership of the Domain Name from the Company to the Buyer; and
5.2.2 Melbourne IT will update the Domain Name contact details from the Company to such contact details specified by the Buyer in the Application Form.
6. NO WARRANTIES
6.1 To the extent permitted by law, neither Melbourne IT nor the Company make any guarantee, warranty or representation whatsoever, whether express or implied, in connection with the Domain Name, including, without limitation any guarantee, warranty or representation:
6.1.1 that the Domain Name does not infringe any third party?s Intellectual Property Rights, proprietary rights or other legal rights;
6.1.2 that the Buyer will be immune from objection or challenge to the Buyer?s use (whether direct or indirect) of, or the right to use, the Domain Name following Completion;
6.1.3 that following Completion, Melbourne IT will not be required in its capacity as the Registrar of the Domain Name, to transfer the Domain Name to a third party, or suspend or cancel the Domain Name, either as contemplated by the terms of the Registration Agreement, or, as required by the Registry and/or the Regulator.
7. USE OF DOMAIN NAME
In addition to the any agreement made by the Buyer to Melbourne IT under the Registration Agreement, the Buyer agrees that:
7.1 the Buyer (and no Relevant Party) will be responsible for any use (whether direct or indirect) of, or the right to use, the Domain Name;
7.2 no Relevant Party will be responsible for any conflict, dispute, claim or demand whatsoever that may occur or be made against the Buyer following Completion in connection with the Domain Name, including, without limitation, any conflict, dispute, claim or demand relating to or arising from:
7.2.1 registered or unregistered trade marks, Intellectual Property Rights or other proprietary rights or legal rights that may subsist in third parties; and/or
7.2.2 defamation of another person; and/or
7.2.3 any use (whether direct or indirect) of the Domain Name by the Buyer.
8. MELBOURNE IT REGISTRAR ROLE
Nothing under this Agreement requires, and the Buyer may not require, Melbourne IT, either before or after Completion, to perform any act or do any thing which, in Melbourne IT?s sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or generally.
9. LIABILITY
9.1 The Buyer agrees that no Relevant Party shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by the Buyer or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if the Relevant Party has been advised of the possibility of such damages.
9.2 Subject to clause 9.1, the Buyer further agrees that the total aggregate liability of the Relevant Parties for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) whatsoever shall not exceed the Purchase Price.
9.3 The Buyer agrees that where any statute implies any term into this Agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this Agreement. However, the liability of the Relevant Parties for any breach of the term will, if permitted by that statute, be limited, at Melbourne IT?s
option:
9.3.1 in the case of goods:
9.3.1.1 to the replacement of the goods or supply of equivalent goods or payment of the cost of doing so; or
9.3.1.2 the repair of the goods or payment of the cost of having the goods repaired;
9.3.2 in the case of services, to the re-supply of the services again; or payment of the cost of having the services supplied again.
9.4 Melbourne IT acknowledges that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to the Buyer. In such jurisdictions, the liability of any Relevant Party shall be limited to the greatest extent permitted by applicable law.
10. INDEMNITY
The Buyer shall indemnify each Relevant Party from any Loss and Damage threatened, asserted, or filed by a third party against any Relevant Party, or arising out of or relating to:
10.1 any breach of this Agreement by the Buyer (including, a breach of any warranty made by the Buyer under this Agreement); and/or
10.2 any breach by the Buyer of the Registration Agreement; and/or
10.3 the Buyer?s use (whether direct or indirect) of the Domain Name following Completion; and/or
10.4 any act or omission of the Buyer in connection with the Domain Name.
11. DEFAULT BY THE BUYER
If the Buyer does not Complete, other than as a result of default by Melbourne IT, Melbourne IT may give the Buyer notice requiring the Buyer to Complete within 2 days of receipt of the notice. If the Buyer does not Complete within that period, Melbourne IT may elect to proceed for specific performance or terminate this Agreement. In such case, Melbourne IT may also seek damages for the default. This termination does not effect any other rights Melbourne IT has against the Buyer at law or in equity.
12. CONFIDENTIALITY
12.1 The Buyer must keep secret and confidential all Confidential Information and must not directly or indirectly disclose all or any part of the Confidential Information to any third party or use all or any part of the Confidential Information for any purpose whatsoever save as specifically authorised in this Agreement or as required by applicable laws.
12.2 The Buyer must keep confidential and must not disclose the provisions of any negotiations between the parties or the existence of this Agreement or the terms and conditions contained in it, other than on such terms as are agreed in writing by the parties.
13. GENERAL
13.1 Each party agrees, at its own expense, to do anything ?such as obtaining consents, signing, and producing documents and getting documents completed and signed? as may be necessary or desirable to give full effect to the provisions of this Agreement and the transactions contemplated by it.
13.2 Time is of the essence of this Agreement in respect of any date or period determined under this Agreement.
13.3 Clauses 4, 6, 7, 8, 9, 10, 12 and 13.5 shall survive the termination of this Agreement.
13.4 This Agreement, including its Schedule:
13.4.1 constitutes the entire agreement between the parties as to its subject matter; and
13.4.2 in relation to that subject matter, supersedes any prior understanding or agreement between the parties.
13.5 This Agreement will be governed by and construed according to the law of the state of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, and courts entitled to hear appeals from those courts.
13.6 Any notice to be given under this Agreement is deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.
13.7 Any express statement of a party?s right under this Agreement is without prejudice to any other right of that party expressly stated in this Agreement or arising at law.
13.8 The Buyer may not make or authorise a press release or other public statement directly or indirectly relating to this Agreement or the negotiations and dealings between the parties unless Melbourne IT has given its prior written consent to the nature, content and timing of the release or statement, which Melbourne IT may withhold in its absolute discretion.
13.9 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, that provision will be deleted and the remaining provisions of the Agreement will remain in full force.
13.10 The failure of a party to require performance of any obligation under this Agreement is not a waiver of that party?s right:
13.10.1 to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
13.10.2 at any other time to require performance of that or any other obligation under this Agreement.
_____________________________
SCHEDULE 1
REGISTRATION AGREEMENT
Date: January 2003
DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info and .name registrations only
TERMS AND CONDITIONS
General
1. Introduction This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the "Registrant") to Melbourne IT Limited ACN 073 716 793 ('Melbourne IT') for the purpose of registering a domain name on the Internet. Clauses 1-19 set out the general provisions governing all domain name registrations under this Registration Agreement. Clauses 20 - 22 set out the additional provisions specific to .com, .net and .org domain name registrations. Clause 23 sets out the additional provisions specific to multi-lingual domain name registrations. Clause 24 sets out the additional provisions specific to .biz, .info and .name domain name pre-registrations and registrations. 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 .com, .net, .org, .biz, .info or .name domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Terminology
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers ('ICANN'). 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. NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
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 "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of .biz, .info and .name domain names, 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 clause 24A(4) for .biz, in clause 24B(2) for .info and in clause 24C(3) for .name (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 provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed at http://www.melbourneit.com.au/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be viewed at http://www.melbourneit.com.au/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. 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 period, or the failure by the Registrant's agent to pay a pre-registration or 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.
7. 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 or pre-registration, or to the Registrant's use of the domain name.
8. 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.
9. 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.
10. Warranty
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.
11. 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.
12. 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.
13. 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.
14. 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:
14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
14.2 for the resolution of disputes concerning the domain name; or
14.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
15. Non payment
Registrant agrees that failure to pay any Registration fee 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 15, 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 re-transfer fee of US$25 (exclusive of local taxes).
16. 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.
17. 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.
18. Governing Law
Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Victoria (including the Victorian Registry of the Federal Court of Australia) and all courts hearing appeals from such Courts.
19. General
19.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
19.2 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.
.com, .net, .org Domain Name Registrations
20. Payment
20.1 The Registration fee is payable with the Application.
20.2 Registration is not effective until the Registration fee has been paid and cleared.
20.3 The Registration is for the full period of years selected and paid for at the time of Application or renewal.
20.4 All fees are non-refundable.
21. 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 period and to respond within fifteen(15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
22. Use of Information
22.1 Registrant acknowledges Information obtained from Registrant will be
22.1.1 transmitted to the registry administrator for registry use
22.1.2 publicly available as required by ICANN
22.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
22.2 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.
22.3 Registrant consents to the use of the Information for the purposes set out in clauses 22.1.1 to 22.1.3. If Registrant does not consent to the use of the Information for the purposes set out in clause 22.1.3, 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
22.4 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 22, and that the third parties individually have consented to use of their personal data.
22.5 Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 22. Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at http://www.melbourneit.com.au/privacy/.
22.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Multilingual Registrations
23. 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.
.biz, .info and .name Domain Name Pre-registrations and Registrations 24. .biz, .info and .name Domain Names A Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
1. 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.
2. 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/biztld_qa.htm#7
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.
3. PROVISION OF REGISTRATION DATA
3.1 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.
3.2 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.
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 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.
B Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:
1. 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.
2. 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.
3. 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.
4. 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.
C Should You seek to register a .name third level domain name you must contractually agree to the following terms:
1. 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.
2. 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.
3. 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/).
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.
