The ability to use our Services is subject to your acceptance of these terms and conditions (Service Terms). In proceeding with the purchase or use of any Services, you expressly agree you have read, understood and are bound by these Service Terms (as may be updated from time to time).All services are subject to our Acceptable Use Policy.
A. Domain Names
For domain names that are registered with “Webcentral Limited DBA Melbourne IT” as the Registrar of Record, please refer to the Melbourne IT Domain Name Registration Agreement for terms applicable to your service.
For all other domain name registrations, the below clauses 1 – 4 form the registration agreement applicable to your domain name (Registration Agreement)
1. Registration Agreement
(a) This Registration Agreement is submitted by you (being an individual or entity), the applicant for (and on registration) the licence holder of a domain name, for the purpose of becoming the licensee of a particular domain name.
(b) This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
2. Rules of registration
(a) A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
(b) We do not warrant or guarantee that any domain name applied for will be registered or is capable of being registered by you. No action should be taken in respect of a requested domain name until notification has been provided of successful registration. You irrevocably waive any claims you may have against us in respect of the decision of a Registry to refuse to register a domain name and, without limitation, agree that any administration charges paid by you to us shall be non-refundable in any such event.
(c) Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non- refundable in any event.
(d) We accept no responsibility for the use of a domain name by any party, and any disputes regarding a domain name must be resolved between the parties concerned. We will take no part in any such dispute. We reserve the right to, in our sole discretion and without providing any reason, on our becoming aware of such a dispute, either suspend or cancel the domain name, and/or to make appropriate representations and disclosures to the relevant Registry.
(e) You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
(f) We may require the applicant of a domain name (who upon registration, would become the Registrant) to supply accepted photo identification (valid passport or drivers license) to verify their identity.
(g) You agree to indemnify and hold harmless ICANN and the relevant Registry, and each parties’ officers, employees and agents from and against all liability to any third parties (including without limitation, any Registrants of yours) and associated costs in defending any action, claim, proceeding or demand by a third party to the extent to which liability or the claim arises from or in connection with access to our systems or use of our Services under the Agreement.
3. TLD Specific Terms
The following provision apply to this Registration Agreement depending on the TLD space of the domain name:
(a) .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
(b) .org.au and .asn.au can only be registered by a “non-commercial organisation”. The domain name you register needs to have a solid relationship to the organisation to which it represents. View the .au Domain Registrant Agreement
(c) .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant’s personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
(d) .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
(e) .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
(f) .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them – there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
(g) .uk domains are intended for people in, or with ties to, the United Kingdom. View the .uk Domain Registrant Agreement
(h) .cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement
4. ICANN Mandated Terms and Materials
Melbourne IT is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:
B. Domain Privacy Services
For domain names that are registered with “Webcentral Limited DBA Melbourne IT” as the Registrar of Record, Melbourne IT’s Private Registration Service is utilised for domain privacy services. Terms applicable for this service are available here.
For all other domain name registrations, the domain privacy service is provided by Domain Privacy Services Pty Ltd. Terms applicable for this service are available here.
All domain privacy applications are subject to the relevant requirements and policies of the applicable provider described above, and are based on your agreement to the terms of these services upon sign-up. By applying for and using these services either directly or via a third party, you understand and agree to the applicable terms hyperlinked above.
C. SSL Certificates
(a) BY COMPLETING THE CERTIFICATE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THESE SERVICE TERMS AND THE AGREEMENT WITH THE CERTIFICATION AUTHORITY REFERRED TO HEREIN (THE CERTIFICATE AGREEMENTS) SO PLEASE READ ALL THE TERMS CAREFULLY. ANY PERSON OR ENTITY ACTING ON YOUR BEHALF SHALL ALSO BE BOUND BY THE TERMS OF THE CERTIFICATE AGREEMENTS AND YOU AGREE TO BE RESPONSIBLE FOR THE ACTIONS OF ANY SUCH PERSON OR ENTITY.
(b) These Service Terms, our Terms & Conditions and the Certificate Agreement with the Certification Authority referred to in clause 1(c) below constitutes the entire agreement between us and you for the registration of the Certificate, and supersedes all prior agreements, understandings and representations whether oral or written.
(c) Various Certification Authorities (CA) provides digital certificate registration services to us in connection with a Certificate. You hereby authorise us to attempt to acquire the Certificate from the CA. In order for us to attempt to acquire the Certificate from the relevant CA, you must agree to the relevant CA terms and conditions for the Certificate, which are located at melbourneit.au/policies/(CA Agreement). Accordingly, you warrant that you have read and agreed to the terms and conditions of the CA Agreement. You further acknowledge and agree that you are creating a separate contractual relationship between yourself and the CA, and that you, and not us, are responsible for all fees, liability, and obligations in connection with that contractual relationship, unless otherwise expressly stated to the contrary in these Service Terms. You agree that the CA is a third party beneficiary under the agreement.
2. Your Obligations
You agree that:
(a) We and the CA may:
- capture personally identifiable information as required and necessary for the CA to provide the Digital Certificate to you (Data);
- place in Certificates information provided by you in your Certificate Application;
- publish Certificates and status information about such Certificates in the CA’s Repository of Certificate information and make this information available to the public and other repositories; and
- transfer Data to a related company for the processing of Certificates.
(b) Personally identifiable information obtained from you by us and our related corporations will be:
- transmitted to the CA for the CA’s use;
- used by us for inclusion in registers and databases produced by or its licensees; and
(c) You will obtain the consent of individuals whose personal information is to be publicly listed by the CA, or otherwise provided to the CA or us, as part of the Certificate Application;
(d) You will immediately notify us of any change to your Certificate organisation name and/or domain name registration details and acknowledges that the change of credentials may require the issuance of a new Certificate and payment of applicable charges;
(e) You will promptly notify us of any actual or threatened proceedings brought in respect of the Certificate whether by or against you.
3. Your Warranties
(a) That you will at all times comply with the terms and conditions of the CA Agreement;
(b) That the details in respect of its Certificate submitted to us or the CA by you are true and correct, and that any future additions or alterations to those details will be true and correct.
(a) You agree to indemnify and hold us, the CA and each of their related corporations, directors, officers, employee and agents harmless from and against any and all actions, claims and proceedings, losses, damages, costs and expenses (including reasonable legal fees and expenses) on a full indemnify basis and other liabilities of whatever nature whether foreseeable or not, and whether direct or indirect incurred in respect of a claim in connection with:
- the registration or renewal of any Certificate or your use of any Certificate;
- any claim or demand in connection with the Certificate, the Certificate registration or the CA Agreement;
- any revocation by the CA of the Customer’s Certificate; or
- breach by the Customer of the CA Agreement or these Service Terms,
5. Our Obligations
(a) The parties agree that your application for the registration or renewal (as the case may be) of the Certificate will not be submitted by us to a CA until we receive all applicable charges in respect of that Certificate from you and, in the case of a renewal, you agree to the terms and conditions of the then prevailing CA Agreement.
(b) You agree that failure to pay any charge for its Certificate when due (as evidenced for example by, without limitation, your credit card company notifying us of you disputing the payment of, or refusing to pay such charge, or where the your credit card payment has been declined or reversed) will entitle us to withhold an application for the registration or renewal of the Certificate to a CA until such payment is received from you. If payment is not received within 4 business days after an email notice has been sent to you, we may reject the Certificate application.
(c) We acknowledge that your use of our Certificate listing service (if applicable) does not oblige us to notify you of the expiration of any Certificate registrations. You agree that so long as we utilise the Certificate listing service, we may contact you to provide marketing material in respect of our services from time to time.
6. Registration and Processing Of Digital Certificate
(a) You agree that the Certificate will be processed by the CA on a first come, first served basis. You agree that we do not guarantee that any Certificate applied for by us on behalf of you will be successfully processed by the CA.
(b) You may renew your Certificate on your payment of the applicable renewal charge and other applicable charges prior to the expiry of the Certificate and subject to the terms of these Service Terms, and, to you agreeing to the then prevailing CA Agreement (including, without limitation, successful completion of the authentication procedure).
(c) You acknowledge that:
- it is your responsibility to ensure that the Certificate is renewed; and
- you release, indemnify and hold us harmless against any claim for damage or loss arising from any failure of your Digital Certificate to be renewed by you.
7. Your Cancellation of Digital Certificate
(a) You may cancel or revoke your Certificate at any time (including if you are upgrading or changing to a different Certificate) in accordance with the CA Agreement. In addition to any other obligations of you under these Service Terms, you agree to immediately notify us of any request by you to the CA to cancel, revoke, change or upgrade its Certificate.
(b) If you are permit to cancel, revoke, change or upgrade your Certificate licence as specified in clause 7(a), we shall not be obliged to refund you any unexpired portions of the charge for the registration of the Certificate.
(c) The parties agree that upon the cancellation (or revocation) of the Certificate by you pursuant to clause 7(a), our Contract with you shall automatically terminate.
8. Suspension, Termination or Expiry of Agreement
(a) You further acknowledge and agree that the Certificate may be revoked by us where we reasonably consider that you have breached any term or condition of the CA Agreement, or, where we are directed to do so by a CA. If we revoke your Certificate, our Contract with you shall automatically terminate.
(b) The parties agree that these Service Terms (and the Contract between you and us) will terminate where your Certificate expires and is not renewed by you prior to the revocation of the Certificate.
(c) If this Agreement is terminated under either clauses 8(a) or 8(b), we shall not be required to provide any refund under the Contract in connection with such termination.
(a) The parties agree that notwithstanding any other provision of the Contract and to the fullest extent permitted by law, neither Melbourne IT nor a CA nor the respective officers, employees, agents, sub-contractors or related corporations of Melbourne IT or a CA will be liable for direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) regardless of the legal basis on which such loss or damage arises or is incurred.
(b) Except as expressly provided to the contrary in the Contract, all warranties and representations whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Service Terms, are excluded. If any legislation implies a term or warranty, you agree that our liability to you for a breach of that term or warranty is limited to, in our sole discretion, the re-supply of the goods or services again, or the payment of the cost of having the goods repaired or replaced, or the services supplied again.
(c). The parties agree that clauses 4(a), 6(c), 9(a) and 9(b) survive the expiry or termination of this Agreement.
D. Domain Name Registry Lock
Service Terms for the Domain Name Registry Lock service are available here and incorporated into this agreement by reference.
E. Domain Name Monitoring
(a) The Service generates periodic reports of newly identified domain names that match predefined search criteria nominated by you (Search Criteria) which are sent to your nominated email address (the Reports). Domain names that are currently registered or renewed will not be captured in the Reports.
(b) It is your sole responsibility to ensure you maintain a backup copy of any Reports. We make no representation or warranty that we will store or maintain any copies of Reports once they have been generated and issued.
(c) Information provided in Reports is based on an exact match basis with the Search Criteria.
(d) THE SERVICE IS NOT AVAILABLE FOR ALL DOMAIN NAME SPACES. THE SERVICE OPERATES IN RESPECT OF .COM, .NET, .ORG, .BIZ, .INFO, .AU, .NZ AND CERTAIN NEW GTLDS (AS THEY ARE APPROVED BY ICANN AND BECOME AVAILABLE IN GENERAL AVAILABILITY).
2. Acknowledgments and Warranties
(a) You acknowledge and agree that:
- information contained in any Reports is general, publicly available information only and is not legal or commercial advice, and will not be relied upon or considered as such;
- your use of or reliance on any monitoring, analysis, reports (including the Reports), written advice, information or work provided in connection with the Service is your sole responsibility, and that we accept no liability in relation to such use or reliance, or any matter arising from your use or reliance; and
- any domain names, third parties or other information mentioned in any Reports are not, and will not be construed as being, allegations or inferences of infringement on your rights or the rights of any other party (including without limitation, any intellectual property rights).
(b) You represent and warrant you will treat the Reports as confidential, and not disclose them to any party or for any purpose other than permitted by clause 3(a).
(c) You are solely responsible for ensuring that registration of any domain names (including any names suggested or included in any Reports) does not infringe on the intellectual property rights of any third party. We makes no representations or warranties in this regard. Domain name registrations are subject to availability, eligibility and acceptance of policy requirements.
(a) We grant you a non-exclusive, non-transferable, revocable, royalty-free (with no right to sub-license) to use the Reports for your internal business purposes only, and not for commercial gain.
(b) Your access to, and continued use of, the Service is contingent upon, and at all times subject to, payment of fees for the Service.
You agree to indemnify, defend and hold harmless Arq Group Limited and related companies (including their respective officers, directors, shareholders, employees, and agents) from and against any and all losses, claims, damages, suits, proceedings, judgments, actions, awards, liabilities, costs and expenses (including, without limitation, litigation costs and attorneys’ fees) resulting from or arising in connection with (i) any breach by you of any representations and/or warranties contained in clause 2(b), (ii) clause 2(c), and/or (iii) your use of this Service.
F. Domain Protected Marks List (DPML)
Service Terms for the Domain Protected Marks List (DPML) service are available here and incorporated into this agreement by reference.
G. Trademark Clearinghouse Registration Service
Service Terms for the Trademark Clearinghouse Registration service are available here and incorporated into this agreement by reference.
H. Premium DNS
Service Terms for the Premium DNS service areavailable here and incorporated into this agreement by reference.
I. Trademark Registration Service
(a) We will use reasonable efforts to supply the Service in accordance with these Service Terms.
(b) We may use third parties to act on your behalf in order to provide the Services. You appoint us as your agent in order to engage those third parties to act on your behalf and to instruct them in order to deliver the Services to you.
(c) We may suspend or terminate this Service immediately (at our sole discretion) if we determine that there has been or may be any activity which may have a negative impact on our business or reputation (including illegal activity or infringement of any third party rights) or result in a breach of this Contract by you.
(d) YOU ACKNOWLEDGE AND AGREE THAT:
- WE ARE NOT A LEGAL FIRM AND DO NOT PROVIDE LEGAL ADVICE;
- IN NO WAY WILL THE PROVISION OF THE SERVICES, OR ANY ADVICE RELATED TO THE SERVICES (REGARDLESS OF THE FORM OF SUCH ADVICE), BE CONSTRUED OR DEEMED AS A LEGAL SERVICE AND/OR LEGAL ADVICE;
- WE DO NOT PROVIDE ANY LEGAL OPINIONS OR ADVICE IN RELATION TO THE RESULTS OF SEARCHES PERFORMED (OR REPORTS GENERATED), OR YOUR POTENTIAL RIGHTS AGAINST ANY THIRD PARTIES; AND
- YOU ARE SOLELY RESPONSIBLE FOR DECIDING TO SEEK LEGAL ADVICE IN RESPECT OF ANY INFRINGEMENT OR INTELLECTUAL PROPERTY LAW QUESTIONS ARISING OUT OF THE SEARCH RESULTS, REPORTS OR THE SERVICES.
2. Use of Software and Reports
(a) To the extent that the Services involve us providing you with any Software, or access to any website or computer software stored on our computer systems (Software), we grant to you a personal, non-exclusive, revocable licence to use the Software solely for the limited purpose of receiving the Service.
(b) We retain all intellectual property rights which may have been utilised in the creation of any search results, analysis, reports, written advice or information (Reports) provided by us or the Software to you or any work performed by us in the course of providing the Services. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use the Reports for your respective internal business purposes (but not to disclose any Reports to third parties unless otherwise agreed in writing prior to that disclosure). Nothing in this Contract transfers to either party any intellectual property rights owned by the other party existing prior to the commencement of the Services.
(c) You agree any use of Software must be in accordance with any documentation or written instructions provided to you by us.
(d) Except to the extent expressly permitted by these Service Terms, you must not:
- allow any other person or third party to use any aspect of the Software or use the Software to process the data of any other person;
- copy, sell, mortgage, sub-license or reproduce the Software without our express permission;
- alter or remove any mark of ownership, copyright, patent, trademark or other property right which is embodied in the Software or any associated documentation;
- modify the Software or merge all or any part of the Software with other programs without our express permission;
- reverse disassemble, decompile or reverse engineer, or directly or indirectly allow or cause a third party to disassemble, decompile or reverse engineer the whole or any part of the Software or any locking or security device used or supplied with the Software, or otherwise attempt or allow any other party to attempt to obtain the algorithms by which the Software perform its functions; or
- export or otherwise transfer the Software outside the country in which it is provided to you.
(e) You acknowledge and agree that processes implemented by the Software are protected by intellectual property rights and are owned or licensed by us. You also acknowledge and agree that should an unauthorised third party access the Software in connection with any act or omission by you, it may cause loss to us and render you liable to compensate us for such loss.
(f) We make no warranties (express or implied) that we will find or present to you all such information that is publicly accessible or that the Services will uncover or appropriately identify all relevant information, or that the Services provided will deliver any particular outcome. The Software is provided to you on an “as is” and “as available” basis, without any warranty as to its availability or performance.
3. Your obligations
(a) We will contact you only by email. You are solely responsible for receipt of correspondence sent to you. We are not responsible for your failure to receive correspondence sent to you due to any security or anti-spam system or any problems with your email system.
(b) You must use the Software, Reports and Services in accordance with all applicable laws and must ensure that all information, directions and requests provided by you complies with all applicable laws. You must not use the Software or Services for the purpose of conducting or promoting any activities which are in breach of any applicable laws or any rights of any third party.
(c) You warrant that:
- the information you provide to us is complete, true and correct in all respects;
- your instructions to us in relation to the Service and your use of our Services does not and will not infringe any third party rights anywhere in the world and is not illegal anywhere in the world; and
- if you are instructing us to provide Services on behalf of a third party, you are duly authorised to instruct us on behalf of that third party.