Terms and Conditions

Contents

1. Definitions
2. auDA and Registrar's Agency
3. Registration of Domain Names
4. Consent to Use Registrant Information
5. Change of Registrars
6. Registrar's Other Obligations
7. Registrant's Other Obligations
8. auDA Published Policy
9. Complaints Handling Procedure
10. Registrant Warranties
11. auDA's Liabilities and Indemnity
12. Privacy Policy
13. WHOIS Privacy Policy
14. Important Notice
15. Copyright Notice

1. Definitions

In this document unless expressed or implied to the contrary:

2LD means a .au (dot au) second level domain, that is, a name at the second level of the .au domain name hierarchy (for example, com.au).

Agreement means the agreement between the Registrar and the Registrant recorded in this document.

auDA means .au Domain Administration Limited ACN 079 009 340, the regulatory body responsible for administering the .au ccTLD and its associated sub-domains.

Business Day means Monday to Friday excluding public holidays in Perth, Australia.

Centralised WHOIS Service means the WHOIS Service of all 2LDs which are made available to the public by auDA.

Code of Practice means an industry code of practice, the development of which will be facilitated by auDA, which together with the Published Policies, regulates or will regulate the practices of participants in the domain names industry towards other participants in the industry, or towards consumers in the industry.

Confidential Information means all information and materials about the other party or a third party, in any form, which comes into a party’s possession pursuant to, or as a result of or in performance of this document, excluding the information:

	(a)	which at the time of its first disclosure under this document was in the public domain; or
	(b)	which, after disclosure under this document, comes into the public domain otherwise than by disclosure in breach of this document; or
	(c)	which is received by either party from a third party who has the right to provide the information and which is not itself subject to confidentiality; or
	(d)	which was already in the party’s possession or knowledge without restriction prior to its disclosure; or
	(e)	which the party is required by law to disclose.

Domain Name means a domain name in the designated 2LD.

Domain Name Application means an application by a Registrant for a Domain Name Licence, or the renewal of an existing Domain Name Licence.

Domain Name Licence means the licence to use a Domain Name for a specified period of time, as evidenced by a certificate of registration issued by the Registrar to the Registrant.

Fees means the fees collected from the registrant on behalf of Connect West by our resellers

Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyrights, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

National Privacy Principles has the same meaning as in the Privacy Act 1988 (Cth).

Published Policies means those specifications and policies established and published by auDA from time to time, as the self-regulatory body responsible for the administration of the .au ccTLD, in accordance with its constitution.

Registrant means a holder of, or an applicant for, a Domain Name Licence, and includes its agent.

Registrant Agreement means the agreement to be entered into, or renewed, between the Registrar and a Registrant in relation to an approved Domain Name.

Registrant Data means the data submitted by the Registrar to the Registry.

Registrar means Connect West Pty. Ltd.

Registrar Services means the provision of the services set out in this document in respect of the Designated 2LD, consisting of the following services:

	(a)	to apply to the Registry to register a Domain Name on behalf of a Registrant;
	(b)	to provide all associated services to such Registrants, including services relating to the maintenance, transfer, modification, renewal and cancellation of a Domain Name or Domain Name Licence; and
	(c)	to provide services otherwise required by the Published Policies.

Registry means a database consisting of primary and secondary nameservers and WHOIS servers, containing the Registry Data and a mechanism for accessing that data, in relation to the designated 2LD.

Registry Data means all data maintained in electronic form in the Registry, including without limitation:

	(a)	Zone File data;
	(b)	Registrant contact information;
	(c)	technical and administrative contact information;
	(d)	all other data submitted by registrars in electronic form; and
	(e)	other data concerning particular registrations or nameservers maintained in electronic form in the Registry database.

Registry Operator means the operator of the Registry.

Reseller means a person appointed by the Registrar to sell domain name services and provide customer services to Registrants on behalf of the Registrar.

Reseller Licence means any contract, arrangement or understanding between the Registrar and a Reseller in relation to the Reseller acting as agent for the Registrar.

Term means the period during which this agreement has effect as mandated by the Registrar’s agreement with auDA and subject to the conditions contained therein.

WHOIS Service means the protocol used to provide a public information service in relation to data in a registry.

Zone File means a file that contains the mapping between each domain name in the Designated 2LD and the Internet addresses of computers that can resolve sub-domains of the domain name to physical Internet addresses.

2. auDA and Registrar's Agency

	2.1	In this agreement, auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
	2.2	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.

3. Registration of Domain Names

	3.1	A Domain Name Application must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
	3.2	The Registrar and the Registrant do not have any proprietary right arising from:
		3.2.1	the registered Domain Name; or
		3.2.2	the entry of a Domain Name in the Registry Database
	3.3	All personal information pertaining to the Registrant is held by auDA for the benefit of the Australian public.

4. Consent to Use Registrant Information

The Registrant grants to:

	4.1	auDA, the right to publicly disclose to third parties, all information relating to the registered Domain Names in accordance with the Published Policies which are available on auDA's website http://www.auda.org.au ;
	4.2	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; and
	4.3	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,
	4.4	the National Privacy Principles; and
	4.5	auDA's Published Policies

5. Change of Registrars

	5.1	The Registrar must ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies. The Published Policies include, but are not limited to, such matters as:
		5.1.1	the maximum fees chargeable by the Registrar;
		5.1.2	when fees are not chargeable by the Registrar;
		5.1.3	the conditions pursuant to which the Registrar must transfer; and
		5.1.4	the conditions pursuant to which the Registrar does not have to transfer.
	5.2	In the event that:
		5.2.1	the Registrar is no longer a registrar; or
		5.2.2	the Registrar's auDA Accreditation is suspended or terminated; or
		5.2.3	the Registrar Agreement is terminated by auDA,
		the Registrant is responsible for transferring the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of written notice being provided to the Registrant by auDA.
	5.3	In the event that the Registrar Agreement between auDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar.

6. Registrar's Other Obligations

	6.1	The Registrar will immediately give written notice to the Registrant if:
		6.1.1	the Registrar is no longer a registrar; or
		6.1.2	the Registrar's auDA Accreditation is suspended or terminated; or
		6.1.3	the Registrar Agreement is terminated by auDA.
	6.2	auDA may post notice of:
		6.2.1	the fact that the Registrar is no longer a registrar;
		6.2.2	the suspension or termination of a Registrar's auDA Accreditation; or
		6.2.3	the termination of the Registrar Agreement between auDA and the Registrar
		on its web site and may, if it considers appropriate, give such notice to the Registrant.
	6.3	Service Levels. Our normal hours of operation are 9:00am to 5:30pm Monday to Friday (AEST) excluding public holidays. The registrar will respond to all email and faxed requests within 2 business days. As a general guideline, we do not provide telephone support.

7. Registrant's Other Obligations

	7.1	Throughout the Term of the Registrant Agreement, the Registrant must:
		7.1.1	comply with the Published Policies;
		7.1.2	give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.
	7.2	The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
		7.2.1	register a Domain Name for the purpose of selling it;
		7.2.2	register a Domain Name for the purpose of diverting trade from another business or web site;
		7.2.3	deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
		7.2.4	register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.
	7.3	The Registrant must not in any way:
		7.3.1	transfer or purport to transfer a proprietary right in any domain name registration;
		7.3.2	grant or purport to grant a registered domain name as security; or
		7.3.3	encumber or purport to encumber a domain name registration.

8. auDA Published Policy

	8.1	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.
	8.2	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.
	8.3	Registrant acknowledges that under the auDA Published Policies: 8.3.1 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 8.3.2 Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and 8.3.3 auDA may delete or cancel the registration of a .au domain name.

9. Complaints Handling Procedure

	9.1	If the Registrant wishes to make a complaint about the Registrar, their services or any associated matter, the Registrant may contact the Registrar by email, letter, facsimile, or by using the online support query form at our "Contact Us" page. Wherever possible, complaints will be dealt with promptly, and the Registrant will receive a response within 5 business days.
	9.2	If the Registrant is dissatisfied with the outcome of their complaint, the Registrant may choose to escalate the complaint internally by requesting that a Manager deal with the issue. A response to an escalated complaint will be made within 5 business days.
	9.3	Consumer information regarding lodging of a formal complaint with the Registrar can be found at auDA.

10. Registrant Warranties
The registrant makes, and is taken to have made, the following warranties, when applying to register or renewal the registration of a domain name:

	10.1	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;
	10.2	The registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA's published policies for the domain name for the duration of the domain name licence;
	10.3	The registrant has not previously submitted an application to apply for the same domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;
	10.4	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;
	10.5	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.

11. auDA's liabilities and indemnity

	11.1	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.
	11.2	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.
	11.3	Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

12. Privacy Policy

	12.1	Connect West is a wholly owned subsidiary of iiNet Ltd. The services provided by Connect West are billed and managed by iiNet staff.
		Connect West use and may disclose personal information in order to:
		i.	Provide services, including support or billing to the client ;
		ii.	Research, develop, administer, protect and improve our services;
		iii.	Instigate debt collection
		iiii.	Comply with legal compulsion such as a Court order; or
	12.2	Other than listed in Clause 1, Connect West will not provide any information to any other individual or organisation except to iiNet Limited without the client.s express permission.
	12.3	All clients may request access to the personal details collected by Connect West in relation to themselves and the use of the account owned by them. The Company wishes to ensure that such details are always correct and up-to-date, and will amend any inaccuracies or changes to details on request.
	12.4	If the Company is ever sold to another organisation, the new owners must also comply with this privacy policy.
	12.5	Connect West keep client information on controlled facilities which are secured against unauthorised access. Proof of identity will be required before information is released to any person, including the client.
	12.6	Connect West is constantly improving and enhancing our services for clients, and may update this privacy policy from time to time. Any changes to the policy will be advised to clients in our regular newsletter and by updating the web site.

WHOIS Privacy Policy

	The purpose of a WHOIS policy is to clarify the rights of registrants, under Australian law, as well as the interests of law enforcement agencies in accessing information about domain names for consumer protection and other public interest purposes. It also includes iiNet.s policy on the collection, disclosure and use of WHOIS data.
	For more information please visit: www.auda.org.au/whois/

14. Important Notice

This template Registrant Agreement is made available by .au Domain Administration Limited (auDA) to accredited Registrars for their convenience only. It is in a form which complies with the requirements under the Registrar Agreement. auDA does not give any representation or warranty to any person that the document is appropriate for any particular Registrar, or meets with the Registrar's requirements. Registrars should seek independent legal advice before using this document. auDA is not liable to any person for any loss or damage suffered by any person as a result of using this document.

15. Copyright Notice

This template Registrant Agreement is protected by copyright. All rights reserved. The copyright owners authorise accredited Registrars to reproduce and use this document in its current, unaltered form (except for the insertion of the Registrar's details, where marked) for the purpose of accepting application and registration of domain names with the .au suffix. All such documents must carry the following copyright notice:

© Maddocks, and .au Domain Administration Limited 2008. Used with permission.