SAFENAMES REGISTRANT AGREEMENT 01 June 2008
PARTICULARS FOR SERVICE
REGISTRAR
Name: Safenames Ltd
ACN/ABN: 26 025 041 577
Address: Safenames House, Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS, UK
Street Address: Safenames House, Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS, UK
Postal Address: PObox 5085, Milton Keynes MLO, Bucks, MK6 3ZE, UK
Facsimile number: +44 01908 325192
Email address: hostmaster@safenames.net
Attention: International Domain Administrator
Registry Operator Terms and Conditions Applicable to all .AU Registrations
Schedule B - Registrant Agreement - Mandatory Provisions
1. auDA AND REGISTRAR'S AGENCY
1.1 In this agreement, auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
1.2 The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
2. auDA PUBLISHED POLICY
2.1 In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
2.2 Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
2.3 Registrant acknowledges that under the auDA Published Policies:
2.3.1 there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
2.3.2 Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
2.3.3 auDA may delete or cancel the registration of a .au domain name.
3. auDA'S LIABILITIES AND INDEMNITY
3.1 To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
3.2 Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant's registration or use of its .au domain name.
3.3 Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
SCHEDULE A - MANDATORY TERMS AND CONDITIONS
1. REGISTRANT WARRANTIES
The registrant makes, and is taken to make, the following warranties to the registrar and to auDA, when applying to register or renew the registration of a domain name:
1.1 all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;
1.2 the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA Published Policies for the domain name for the duration of the domain name licence;
1.3 the registrant has not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;
1.4 the registrant is aware that even if the domain name is accepted for registration, the registrant’s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and
1.5 the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.
2. CONSENT TO USE REGISTRANT INFORMATION
The registrant grants to:
2.1 auDA – the right to publicly disclose to third parties, all information relating to the registered domain name in accordance with auDA Published Policies;
2.2 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 registry database; and
2.3 the registry operator – the right to publicly disclose to third parties, all information relating to the registered domain name to enable the registry operator to maintain a public WHOIS service,
provided that such disclosure is consistent with:
2.4 the National Privacy Principles; and
2.5 auDA Published Policies.
3. REGISTRANT DATA
3.1 Throughout the term of the domain name licence, the registrant must give notice to the registry operator, through the registrar, of any change to any information in the registrant data relating to the domain name.
3.2 The registrant accepts that its failure to comply with this requirement may lead to the cancellation of the domain name licence.
4. RENEWAL OF DOMAIN NAME LICENCE
4.1 The registrant may apply to renew the domain name licence when the licence period expires, provided that it:
4.1.1 pays the applicable renewal fees; and
4.1.2 continues to meet the eligibility criteria prescribed in the auDA Published Policies.
4.2 The registrant accepts that it has the responsibility for ensuring that the domain name licence is renewed before the expiry date.
5. auDA PUBLISHED POLICIES
The registrant must comply with all auDA Published Policies. In the event of any inconsistency between any auDA Published Policy and the Registrant Agreement (with its registrar), then the auDA Published Policy will prevail to the extent of such inconsistency.
6. REVOCATION OF LICENCE
auDA may, at its discretion, cancel the registration of a .au domain name, or revoke a licence to use a .au domain name:
6.1 if the registrant breaches any auDA Published Policy; or
6.2 in order to comply with a request of a law enforcement agency, or an order of a court, or under any applicable law, government rule or requirement, or under any dispute resolution process; or
6.3 to protect the integrity and stability of the domain name system or the .au registry.
7. LIMITATION OF LIABILITIES AND INDEMNITY
7.1 To the fullest extent permitted by law, auDA will not be liable to the registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
7.2 The registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, the registrant’s registration or use of its .au domain name.
7.3 Nothing in this document is intended to exclude the operation of the Trade Practices Act 1974.
8. DISPUTE RESOLUTION
8.1 auDA currently has in place a dispute resolution policy called auDRP (the .au Dispute Resolution Policy) which applies in the event of disputes between a registrar and a registrant, or between a registrant and a third party, in relation to entitlements to domain names in .au. The auDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
8.2 The Registrant acknowledges that auDA may develop and implement other dispute resolution policies which are accessible by the Registrant as an alternative and further to any complaints handling procedure prescribed by the Registrar. Such policies bind the Registrar and the Registrant as if they were incorporated in the Registrant Agreement.
9. SAFENAMES AUTO-RENEW
Auto renew is not available for .au domain extensions due to the need to re-check domain eligibility criteria each year.
10. REFUND POLICY
10.1 Applications for .au domains that have been rejected are eligible for credit. Please email your credit request to hostmaster@safenames.net. Safenames Ltd will verify that you are eligible for credit, and will, by return email confirm the status of your request. Safenames Ltd will make every effort to process your credit within 30 days of receiving the request.
11. COMPLAINTS HANDLING POLICY
11.1 Safenames Ltd is committed to providing quality Customer Service and we aim to resolve any Registrant complaints or disputes quickly, fairly and efficiently. Safenames Ltd also respects your right to complain, which is also outlined in the .au Domain Name Suppliers' Code of Practice. To read the Code, please refer to the web site located at http://www.auda.org.au/policies/auda-2004-04/. To notify Safenames Ltd of your complaint or dispute, please send an email to hostmaster@safenames.net. Safenames Ltd typically responds to all inquiries submitted by email within 24 hours of its receipt, during our regular hours of operation. We will make every effort to provide a response to your complaint or dispute within 30 days.
12. PRIVACY STATEMENT
12.1 Safenames assures that it:
(a)takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction;
(b)implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered;
(c)uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and
provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate.
For information concerning what information is supplied in the .au WHOIS, please see the auDA WHOIS Policy at http://www.auda.org.au/policies/auda-2006-06/