DOMAIN SERVICES AGREEMENT

101.Rights and Responsibilities that Continue (New Zealand domain names (.nz))

These are the terms on which we supply to you domain name registration and other services.

§ a 'general' section, that applies to all our services and all your dealings with us; and

§ a series of 'specific' sections that each apply only to certain kinds of domain name.

2. To the extent of any inconsistency between them, a specific section overrides the general section.

1. We do not operate the domain name system, or grant licences for domain names. Those things are done by 'registry operators', who are independent of us and beyond our control.

§ We can arrange for domain name licences to be granted to you by various registry operators, subject to their rules and licence terms and the policies and requirements of .

§ We can serve as a 'registrar of record' i.e. the intermediary between a domain name licensee and a registry operator, as recognised by the registry operator.

3. This document contains the terms that apply between you and us when we provide our services as registrar.

4. It also indicates the licence terms that are imposed by various registry operators and ICANN. A domain name licence that we arrange for you is subject to the licence terms and conditions of the registry operator who grants the licence and the requirements of ICANN.

5. For as long as we are registrar of record for a domain name, there is a 'registration agreement' between us and its registrant on these terms.

applicant		a person who applies to become registrant of a domain name
auDA		.au Domain Administration Limited ACN 079 009 340
auDA terms		has the meaning given by clause 63
domain name licence		a licence to use a domain name
(domain name) licence terms		the terms and conditions on which a domain name is licensed
dotbiz		a domain name that ends in .biz
dotcom		a domain name that ends in .com
dotinfo		a domain name that ends in .info
dotnet		a domain name that ends in .net
dotorg		a domain name that ends in .org
European domain name		a domain name that ends in .de, .nl, .be, .it or .ru
Global Top Level Domain or gTLD		a domain name that ends in .com, .net, .org, .info or .biz
ICANN		Internet Corporation for Assigned Names and Numbers
member		a person who registers with us as a member and receives a membership ID from us
DuDomain - DuHost.com		Austr-ian-alien Contacts Inc. ABN 88681107502 001
published policies		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/policies/policy-index/
registrant		the current licensee of a domain name
registrar		us
registrar of record		has the meaning given by clause 3
registration agreement		has the meaning given by clause 3
registration fee		our current charge in respect of a domain name registration as at the time of application
registration term		the period that a domain name licence lasts for
registry operator		the entity that issues domain name licences (directly or through a representative) and / or operates the registry for a domain name
registry requirement		has the meaning given by clause 6
renewal fee		our current charge in respect of a domain name registration renewal as at the time of renewal
transfer		a member to member transfer or a transfer in or a transfer out or a registrar transfer in or a registrar transfer out
we, us, etc		Austr-ian-alien Contacts Inc. ABN 88681107502 001 of PO Box 1181 Airlie Beach QLD 4802 trading under a number of business names and through resellers and other agents.
you		a person who asks us to provide them with any of our services as registrar

2. A word or phrase that is hyperlinked (in the online version of these terms) to another page or document refers to that page or document.

1. If an expression is defined in the dictionary in clause 4, that is what it means.

2. If an expression is defined in the dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if 'to colour' means 'to paint red', then 'coloured' means 'painted red')

3. Headings are only for convenience. They are to be ignored when interpreting these terms, except insofar as they indicate the number of a clause.

6. Where one thing is said to include one or more other things, it is not limited to those other things.

11. Anything that is unenforceable must be read down, to the point of severance if necessary.

12. Anything we can do, we may do through an appropriately authorised representative.

1. Each registry operator has its own terms and conditions, policies and requirements covering the registration, use and renewal of domain names and related matters like dispute resolution procedures and transfer procedures - 'registry requirements'.

2. ICANN may also impose terms and conditions, policies and requirements on registry operators, us and / or registrants. Where such terms and conditions, policies and requirements are relevant to domain name applicants or registrants, they also count as 'registry requirements'.

3. A new registry requirement, or an amendment of an existing one, takes effect as soon as the registry operator requires it to take effect (even if that is retrospective). That is beyond our control.

4. Some registry requirements are set out in these terms. Others are cross-referenced. ICANN or a registry operator may have, or introduce, new ones.

5. You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

6. You are responsible for familiarising yourself with all registry requirements, whether or not they are included or referenced in these terms.

7. You release us from any claim arising out of registry requirements or anything that we do under them.

8. Registry requirements are for the benefit of registry operators and us, not for the benefit of you or other registrants. You can never oblige us to enforce registry requirements against other people.

1. You acknowledge that the right to use a domain name is by way of licence. A registrant is a licensee of a domain name, not its owner.

2. Expressions such as 'applying for a domain name', 'registering a domain name' and 'transferring a domain name' (and so on) are to be read merely as contractions of 'applying for a domain name licence', 'registering a domain name licence' and 'transferring a domain name licence' (and so on).

3. A domain name licence is subject to its licence terms. It may not be used in breach of its licence terms. Many of those terms are registry requirements, beyond our control.

2. Application does not assure you of a domain name, even if a preliminary search indicates that the domain name is available for registration.

2. your application complies with the requirements and policies of the applicable registry operator;

3. the applicable registry operator approves your application and permits the registration; and

4. we have notified you in writing that your application has been finally approved -

but subject to those requirements, the period of your domain name licence is taken to commence on the date you applied for it.

4. You acknowledge that registry operators reserve arbitrary rights to reject registrations at any time. You must not assume that your application will be successful, or take any step or spend any money on the assumption that it will be.

2. For some types of domain names, there is a choice of periods. Our application form will indicate the period/s that you may apply for. You may choose only one. If you become the registrant of the domain name, the licence period will be the one you applied for.

1. You may renew your registration of a domain name in accordance with these terms and registry requirements.

2. You are responsible for renewing your registration, and if you fail to do so before the end of the licence term, the domain name may be available for registration by third parties.

3. You release us from any claim arising out of your failure to renew registration.

2. you have no claim against us if we do not do so, or if our notice does not reach you.

3. you do not have to renew your registration, or pay any fee indicated by the reminder notice, unless you choose to do so.

1. choose to renew your registration - and that means you must pay the fee indicated; or

2. your renewal complies with the requirements and policies of the applicable registry operator;

4. we have notified you in writing that your application has been finally approved -

but subject to those requirements, the period of your renewed domain name licence is taken to commence on the date your previous licence expired.

3. If we notify you that receipt of a renewal and / or a renewal fee is required to be lodged or paid some time before the domain name has actually expired, you may lose any right to renew if you do not lodge and pay by that time.

4. If you wish to renew a domain name that is licensed by a non-Australian registry operator, you must always lodge your application and renewal fee in time to meet any cut off date imposed by the registry operator.

1. Our web site will indicate the renewal period/s that you may apply for. You may choose only one.

2. If your renewal is successful, the renewed licence period will be the one you applied for.

3. Subject to registry requirements, there is no limit to the number of times you may renew a registration.

1. There are several types of 'transfer' that may affect a domain name registration:

1. a 'member to member transfer' - where we are registrar of record both before and after transfer;

2. a 'transfer in' - where (a) there is a change of registrant and (b) we become the registrar of record as a result of the transfer;

3. a 'transfer out' - where (a) there is a change of registrant and (b) we cease to be the registrar of record as a result of the transfer;

4. a 'registrar transfer in' - where (a) there is no change of registrant and (b) we become the registrar of record as a result of the transfer;

5. a 'registrar transfer out' - where (a) there is no change of registrant and (b) we cease to be the registrar of record as a result of the transfer.

4. The parties must use our online transfer system and comply with our such procedure as we specify.

5. The transfer is subject to and must comply with such procedure as we specify.

7. The transferor relinquishes their registration of the domain name after the transfer.

8. The transferor releases us from any claims arising under or in relation to this agreement and / or their domain name registration and / or its transfer as soon as the transfer is effected.

9. The transferee must enter into a registration agreement with us, with a term of at least a year.

10. The transferee must provide us with all the information required by the online transfer system, and our procedure and policy and warrants that it is complete and accurate.

3. We are not liable to you for any consequence of a slip correction or the circumstances that gave rise to it, but if the circumstances were not your fault you can apply for a refund of any fees you paid to us for the transfer.

1. We publish current charges for our services on our web site. We can change them at will, but changes are not retrospective.

5. Domain name registration fees are payable when you apply to register. If your payment is not honoured, your application is void.

6. Domain name renewal fees are payable before the current registration period ends. If you do not pay by then:

1. You must not seek to reverse a credit card transaction in our favour ('chargeback').

1. hold you to the transaction, resist the chargeback and charge you our reasonable costs of doing so; or

3. If you have initiated a chargeback, we may decline to provide you with further services until you have paid our reasonable costs and expenses arising from it.

If your domain name registration is cancelled under these terms or a registry requirement:

The charges payable under these terms are exclusive of all government charges, taxes, duties and levies and you must pay any and all such charge, taxes, duties and levies arising out of or in connection with these terms. In particular, you must pay to us any amount (VAT or GST or its equivalent) which we are obliged to pay as a result of any supply made or deemed to be made or other matter or thing under or in connection with these terms.

1. You are responsible for everything done with or by means of your domain name.

2. If you permit anyone else to use your domain name in any way, their acts and omissions with respect to it count as your acts and omissions.

You must never use your domain name, or allow anyone else to use it, to send unsolicited commercial email.

1. You must provide us with all the information we request in a 'compulsory' field of a service application. If you do not, we may not be able to provide the service.

1. warrant that all information that you provide to us is complete, accurate and up to date; and

3. It is a registry requirement that information submitted to a registry operator is true, accurate and that you keep it up to date.

4. We may use any information that we hold about you as part of the normal registries and databases we produce for the purpose of running our service or our business.

5. We may disclose any information that we hold about you to ICANN and / or a registry operator if they request it.

6. We may disclose any information that we hold about you to a third party who helps us to operate our service or our business (e.g. outsourced service provider). We will not permit such a third party to use the information for any purpose that we may not use it for.

Except where the laws of another jurisdiction are mandatorily applicable, these terms are to be construed in accordance with the law of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and also of the courts having jurisdiction at the place of your address as shown for the registration of the domain name in our Whois database at the time relevant proceedings are commenced.