Terms & Conditions for Domain Names

• .NZ domain name Terms and Conditions

• Terms and Conditions for International Domain Names

• Terms and Conditions for .au Domain Name Licences

.NZ domain name Terms and Conditions

BACKGROUND

• Cheeky Monkey Hosting purchases Product and/or Services including some acquired from WebFarm, an authorised .nz registrar who offers domain name registration Services to the public through its connection with New Zealand Registry Services (New Zealand domain name Registry Ltd).

• Cheeky Monkey Hosting has offered to make these Products and/or Services available to the Customer upon the terms set out in this Agreement.

OPERATIVE CLAUSES

1. DEFINITIONS

For the purposes of this Agreement the following words have the following meanings assigned to them:

"Customer", "You" and "Your" means the Registrant.

"Privacy Policy" means the privacy policy from time to time adopted and followed by Cheeky Monkey Hosting and posted on its official website.

"Products and/or Services" means the provision of domain name registration and registrar Services by Cheeky Monkey Hosting.

"Us", "We" and "Our" means Cheeky Monkey Hosting.

"Registrar" means WebFarm Ltd.

2. CHEEKY MONKEY HOSTING'S OBLIGATIONS

We agree that we will:

2.1 comply with all .nz policies as published from time to time at http://dnc.org.nz/policies/ and accurately represent these to you;

2.2 disclose accurately and completely all our terms and conditions associated with your use of our Services to register and maintain a domain name sought to be used by you, including price and billing information;

2.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);

2.4 process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9 am - 5 pm Monday - Friday, or on the next business day if it is within a weekend, and otherwise within 48 hours;

2.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;

2.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;

2.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;

2.8 use your personal information only as authorised by you;

2.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);

2.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;

2.11 use our best endeavours to deal with any complaints you may have about the Services we provide for you.

3.THE REGISTRANT'S OBLIGATIONS

You agree that you will:

3.1 comply with the .nz policies as published from time to time at http://dnc.org.nz/policies/. You agree that you have read and understood the current policies;

3.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;

3.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;

3.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide Services to you, from any such claim;

3.5 ensure that you only use our Services for a lawful purpose;

3.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;

3.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;

3.8 protect us, the Registrar, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our Services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.

3.9 to contact Cheeky Monkey Hosting, not the registrar, for support regarding the Services.

Duties of Other Persons

3.10 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

4. REGISTRATION OF A DOMAIN NAME

When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

4.1 that the following information becomes available to any member of the public:

• your name,

• your contact details and

• the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.

4.2 the domain name is registered in your name only because no other person has it according to the records of the register; and

4.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and

4.4 that you protect us and everybody we have a business relationship with to provide Services to you, from any claim arising out of the domain name being registered in your name or as you direct.

5. REGISTER IS THE RECORD

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

6. PAYMENT

6.1 You agree to pay for the Services we provide for you.

6.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.

6.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.

6.4 Our usual fees are for registration of the Domain and delegation to a nameserver. We may also charge for email and web site hosting provided by us. Current fees for services are set out on our website at http://www.cheekymonkeyhosting.co.nz

6.5 Our prices are stated in New Zealand dollars and include GST where applicable.

7. SUSPENSION AND REFUSAL TO SUPPLY SERVICES

If you do not pay our charges for a domain name registered to you we may:

• cancel registration of that domain name;

• or refuse to provide a service you request.

8. CANCELLATION OF A DOMAIN NAME

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

9. EXCLUSION OF LIABILITY

We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:

9.1 InternetNZ, the registry, the registrar and any other entity we are in any business relationship with;

9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;

9.3 anyone else we get to perform our duties under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

10. LIMITATION OF OUR LIABILITY

We have excluded all other liability we or any of the persons specified in clause 9 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 9 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the Services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

11. LAW AND JURISDICTION APPLYING TO THIS AGREEMENT

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the Services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 15 says otherwise. To the extent legally permitted:

11.1 all our Services are provided under New Zealand law;

11.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;

11.3 except as otherwise stated, you may take action against us only in a New Zealand court;

11.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

12. CANCELLING THE AGREEMENT

12.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.

12.2 We may end the agreement for any other reason by giving you one month's notice.

13. MORE THAN ONE PERSON

You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy our self that you have permitted those persons to act for you.

14. EACH CLAUSE SEPARATELY BINDING

Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 9 cannot rely on any clause, all other clauses of it are binding.

15. RIGHTS AND RESPONSIBILITIES THAT CONTINUE

The cancelling of any Agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 3, 5 - 11, 13 - 14, and this clause 15.

Terms and Conditions for International Domain Names

Parties

The "customer" can be referred to as the "Name Holder". This is a person or party who wishes to obtain a domain name.

Cheeky Monkey Hosting acts as the Registrar Agent. Our role is that of an agent acting for you at the Registrar, register.com, who in turn act for you at the Registry.

Register.com is the Registrar. They set out the policies, issue authorisation keys and keep master records, among other things. By accepting these Terms and Conditions, you also accept as set out in clause 9 below the Terms and Conditions of Register.com in their role as Registrar.

Terms

1. You must become familiar with the benefits and liabilities of owning any domain name. Cheeky Monkey Hosting does not as part of the application process advise you on any aspect of the commercial value in your name.

2. You must establish at law your rights to own and use the domain name. In particular you must satisfy yourself that no trademark or other intellectual property rights of third parties will be infringed. When a domain name in the .com domain name space is registered to you, or in your name as directed by you, you agree:

(a) That the following information becomes available to any member of the public:

• your name;

• your contact details; and

• the domain name, its commencement and expiry dates and address/details of the name servers for it, and our name.

(b) The domain name is registered in your name only because no other person has it according to the records of the register; and

(c) Neither we nor anybody else is representing anything else to anybody regarding the domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and

(d) That you protect and fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

3. Cheeky Monkey Hosting will apply for and maintain your domain name for you. You must pay to Cheeky Monkey Hosting the annual renewal fee. Payments can only be accepted where made by MasterCard, Visa, Visa Delta, American Express credit card or via direct credit..

4.All fees must be paid on time and in advance to Cheeky Monkey Hosting. If you don't, this may result in your domain name and all services associated with it being removed from the Internet and/or Cheeky Monkey Hosting ceasing to provide its services to you.

5.You will receive separate confirmation (by E-mail) of your domain name request, and subsequent confirmation (by E-mail) that it has been successfully established.

6.You must notify Cheeky Monkey Hosting when any of your contact details change.

Cheeky Monkey Hosting will not be responsible in any way for any losses damages costs or expenses as a result of your failure to comply with this clause.

7. New domain name registrations can only be cancelled within 24 hours of initial registration. Refunds for domain names cancelled within this period will be issued solely at the discretion of Cheeky Monkey Hosting. After this period no refunds will be given, as per the later provisions of this agreement.

8. In submitting this form you agree generally to indemnify and hold Cheeky Monkey Hosting, its offices and employees harmless from and against all claims and expenses, losses and damages including reasonable legal fees arising from a breach by you of these terms in any way or arising out of the performance or provision by Cheeky Monkey Hosting of any action or service at your request.

9. The terms and conditions enforced by Register.com and which apply at the time of your application for a domain name and subsequently shall apply to you and you agree to comply with them. Cheeky Monkey Hosting is authorised to accept on your behalf that you will comply with them. Full details of present terms and conditions can be found here. Additional terms and conditions apply to the registration, administration and renewal of the .info and .biz gTLDs and such terms and conditions can be accessed by clicking here.

10. Cheeky Monkey Hosting reserves the right to add to, alter or remove these terms and conditions in whole or in part whether as a result of changes in Register.com policy or terms and conditions or otherwise. Cheeky Monkey Hosting shall give such reasonable notice, as it is able of any change to these terms and conditions.

11. This Agreement by Cheeky Monkey Hosting to act as your Registrar Agent and these terms and conditions shall all be construed and enforced according to New Zealand law and the New Zealand Courts shall have jurisdiction in respect thereof.

Unless we otherwise agree in writing, this Agreement contains all the terms of our relationship and continues to apply no matter where you are located at any time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.

To that extent legally permitted:

(a) All our services are provided under New Zealand law; (b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant services is supplied to you; (c) Except as otherwise stated, you may take action against us only in New Zealand Court; (d) Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

12. Cheeky Monkey Hosting cannot guarantee that due to circumstances beyond our control your requested domain name will be assigned to you. In the event that your domain name registration is not processed successfully, we will refund your Credit Card for all fees charged.

13. By accepting this terms and conditions you agree to abide by Cheeky Monkey Hosting's Acceptable Use Policy.

14. As consideration for Cheeky Monkey Hosting's domain name registration, administration, and renewal services, you agree to pay Cheeky Monkey Hosting, upon submission of your domain name application, renewal application, or registrar transfer application to Cheeky Monkey Hosting, the then-current fees set forth in the Cheeky Monkey Hosting price schedule for such services. (Click here to view Cheeky Monkey Hosting's current price schedule.) Cheeky Monkey Hosting will give 30 days notice (by publication on our website) of any alteration to the price schedule.

15. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Cheeky Monkey Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

16. Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.

17. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Cheeky Monkey Hosting as the entity that has paid the registration, renewal or transfer fee for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then current reinstatement fee, currently set at $50.00.

18. The billing contact for a domain name will be notified (by email) at least 14 days before a renewal fee is due. Therefore it is vitally important for email contact details to be correct. The renewal notification will contain a link to a payment page where your domain name can be renewed by Credit Card payment or via direct credit. Cheeky Monkey Hosting will not be liable for any failure to renew a domain name where you have not notified us of your correct contact details.

19. Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any email and website hosting services to cease operating.

20. Cancelled domain names will be transferred to a holding pool for a period of 60 days. During this 60 day period the current Name Holder can reactivate the name by paying any outstanding Renewal fees. If reactivation by the current Name Holder does not occur within 60 days of cancellation then the domain name will be returned to the pool of available names for public registration.

21. If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.

22. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:

(a) InternetNZ, the registry and any other entity we are in any business relationship with; (b) Every officer, employee, contractor, agent of us or any entity in clause 9.1; (c) Anyone else we get to perform our duties under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

This exclusion does not prevent you getting a Court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have (if any) under the Consumer Guarantees Act 1993.

To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

23. Unless we otherwise agree in writing, these terms and conditions contain all the terms of our relationship and continue to apply no mater where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise. To that extent legally permitted:

(a) All our services are provided under New Zealand law; (b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you; (c) Except as otherwise stated, you may take action against us only in a New Zealand Court; (d) Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

24.We have excluded all other liability we or any of the persons specified in clause 9 may have to you. If nay of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 21 then this clause applies.

25. We may end the agreement for any other reason by giving you one month's notice.

Terms and Conditions for .au Domain Name Licences

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, representing the registrar, in relation to the Domain Name.

By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any information is later found to be not true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name license can be cancelled and you can permanently lose the use of the domain name.

Summary of Terms and Conditions

• If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name

• You are required to make several statements to us in relation to your domain name application - please read them carefully to ensure that those statements are correct

• You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see www.auda.org.au )

• You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time

• You accept that our liability to you under these terms and conditions are limited

Definitions

In this document, unless the context requires otherwise:

auDA means .au Domain Administration Limited ACN 079 009 340, the industry self-regulatory body responsible for administering domain names with the .au suffix.

Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.

Domain Name Licence means your licence to use the Domain Name which is the subject of your application.

Published Policies means those specifications and policies established and published by auDA from time to time in accordance with its constitution, and can be found at auDA's web site at www.auda.org.au

Registrar refers to TPP Internet A.B.N. 80 104 263 292 the registrar of record for your Domain Name Licence.

Registry Operator means the operator of the domain names registry for the Domain Name.

We, our or us refer to Cheeky Monkey Hosting acting as an authorised reseller.

You or your refer to the person applying for, or the holder of, a Domain Name Licence.

General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

Domain names application and registration

1.(1) Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

1.(2) You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

1.(3) You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

All personal information pertaining to you are held by auDA for the benefit of the Australian public.

Domain name licence

2. (1) Your Domain Name Licence will be effective for a two year period, once:

• (a) your application is accepted and approved by us and by the Registry Operator, and

• (b) you have paid the applicable fees, unless it is cancelled earlier under the terms of this document or under any Published Policies.

2. (2) Your Domain Name Licence may be renewed every two years, as long as you:

• (a) pay the applicable renewal fees, and

• (b) continue to meet the eligibility criteria prescribed in the Published Policies.

2. (3) You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.

2. (4) You may cancel your Domain Name Licence at any time by notifying us in writing.

2. (5) We may cancel your Domain Name Licence if you breach any provision of this document.

Your statement to us

3. (1) You confirm and state to Us, the Registrar and to auDA separately that:

• (a) all the information set out in your Domain Name application, and all information you give us, are true and correct, and not misleading or deceptive, and

• (b) you meet, and continue to meet, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and

• (c) you have not previously submitted for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:

  • (i) you are relying upon the same eligibility criteria for both domain names, and

  • (ii) the Domain Name has previously been rejected by the other registrar, and

  • (iii) your registration or use of the Domain Name does not infringe any person's legal rights.

3. (2) You accept that if any of the above statements is found to be incorrect, then either the Registrar or auDA may cancel your Domain Name Licence.

3. (3) You agree to indemnify Us, the Registrar and auDA separately for any loss or damage suffered by Us, the Registrar or auDA as a result of any of us relying upon your above statements.

Our obligations to you

4. (1) Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

4. (2) We will give you immediate notice if:

• (a) we are no longer an authorised reseller, or

• (b) the Registrar is no longer an accredited registrar

• (c) the Registrar's auDA Accreditation is suspended or terminated, or

• (d) the Registrar's registrar agreement with auDA is terminated by auDA.

4. (3) auDA may post notice of:

• (a) the fact that the Registrar is no longer an accredited registrar, or

• (b) the suspension or termination of the Registrar's auDA Accreditation, or

• (c) the termination of the Registrar's registrar agreement with auDA,

on its web site, and may, if it considers appropriate, give such notice to you directly.

Your obligations to us

5. (1) Throughout the period of your Domain Name Licence, you must:

• (a) comply with the Published Policies, and

• (b) give notice to the Registry Operator (through us) of any change to any information which you have given us.

5. (2) You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:

• (a) register a domain name for the purpose of selling it, or

• (b) register a domain name for the purpose of diverting trade from another business or web site, or

• (c) deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or

• (d) register a domain name and then passively hold a Domain Name Licence for the purpose of preventing another person from registering it.

5. (3) You must not:

• (a) transfer or purport to transfer a proprietary right in any Domain Name registration, or

• (b) grant or purport to grant a registered Domain Name as security, or

• (c) encumber or purport to encumber a Domain Name Licence.

Use of your information

6. (1) You give to:

• (a) auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;

• (b) Us and the Registrar, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;

• (c) the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,

provided that such disclosure is consistent with Australian National Privacy Principles, and the Published Policies.

Dispute resolution

7. (1) auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.

7. (2) The auDRP binds you and us severally as if it were incorporated in this document.

7. (3) You accept that:

• (a) auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and

• (b) such policies bind you and us severally as if they were incorporated in this document.

Transfer of registrars

8. (1) We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

• (a) the maximum fees which we can charge you for such transfer,

• (b) when we are not allowed to charge you fees,

• (c) the conditions under which we must transfer the registered Domain Name, and

• (d) the conditions under which we are entitled not to transfer the registered the Domain Name.

8. (2) In circumstances where:

• (a) The Registrar is no longer an accredited registrar, or

• (b) The Registrar's auDA Accreditation is suspended or terminated, or

• (c) The Registrar's registrar agreement with auDA is terminated by auDA,

• (d) Our agency agreement with TPP Internet is terminated.

then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

8. (3) If the Registrar's agreement with auDA is terminated, neither we nor TPP Internet will charge you any fee for the transfer of the registered Domain Name to another registrar.

Limitation of liabilities

9. (1) You must not pursue any claim against auDA or against us, and neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document, or under our registrar agreement with auDA.

9. (2) You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.

9. (3) You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

9. (4) Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.

9. (5) Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

Our agency

10. (1) We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document.

General

11. (1) In this document:

• (a) a reference to this or other documents includes the document as varied or replaced regardless of any change in the identity of the parties;

• (b) a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;

• (c) headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and

• (d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

11. (2) All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect

11. (3) If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

11. (3) This document is governed by and is to be construed in accordance with the laws of NSW, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of NSW, Australia and waives any right to object to proceedings being brought in those courts.

The Registrant makes the warranties set out in auDA's Registrant Warranties Policy (2005-03, and any other policy introduced by auDA in substitution, replacement or amendment to that policy). The warranties include, without limitation, that all information supplied to the registrar for the registration of the domain name are true, complete and correct. The Registrant accepts that auDA or the registrar can cancel the registration of the domain name if any of the warranties are not true.