Current as of 27th June 2013

These are Creative Development’s (So Play Me Pty Ltd’s)  full terms of service. These cover all our services, and if you want to use as an agency, you really need to understand all of it. It covers all activities relating to domain names, hosting, marketing, web design, SEO and the extension of credit. These change frequently, so please check back regularly. Using Creative Development is based on your understanding of these terms.

Here are some key things you need to know, without limiting the terms further below.

  • Backups: We don’t backup all data all the time. If the information you have is valuable, you are advised to backup your own data regularly. Unless specified within a managed service, we will delete all remote copies of data within 30 days of handing over to the client.
  • Hosting: We don’t control your emails, they are managed by the client within the cpanel. If you download your email there is a good chance it is automatically removed from the server.
  • SEO/Adwords Campaigns: Search engines change the way they rank sites all the time, we don’t have any control and can only offer a premium service.
  • Creative: You are the final arbiter of quality. If there is a mistake in the proofs or final design, you need to bring it up before anything goes live or is produced. We will take all care for our work to be right, but you have final responsibility.
  • Costs: Unless otherwise stated within a formal quote, or agreed to beforehand, all work will be billed at $88/hour inc GST. If you require new work done urgently (started within 5 hours), we reserve the right to charge $200 an hour and $300 an hour for work outside of office hours (Monday to Friday, 8am to 6pm). All work is billed at a minimum of one hour. Travel costs and time from base is charged separately.
  • Payment Terms: All payment terms are 7 days from invoice.
  • Refunds: Once a campaign is live and running, we can’t offer any refunds on that have already been used. We only provide refunds on software that is faulty.
  • Contact Information: You are responsible for keeping your contact information up to date in our system. If you move, or change email addresses, you have to let us know.
  • Late Payment: You have 7 days to respond to late payment before action will be taken.
  • Penalty Interest: Late payment will result in a penalty of 10% and a penalty interest rate of 13% calculated every month.

 

Disclaimer

Creative Development shall not be liable for any losses, damages, costs or expenses arising out of errors in connection with the preparation of this document, due to the provision to it of false, misleading or incomplete information or documentation or due to any acts or omissions of any other person. The Client indemnifies Creative Development from any liability it may have to the Client or any third party as a result of any information supplied to Creative Development by the Client or any of its agents, where such information and documentation is false, misleading or incomplete in any material respect.

The Client agrees to pay for all purchases, fees and other charges incurred by Client or an authorized user on any account of Client, including service charges on past due amounts at the highest rate permitted by law (including purchases billed to a third-party billing agent on behalf of Client).  Without limiting Creative Development’s other legal rights, Creative Development may exercise a right of setoff against amounts due Creative Development.  Creative Development reserves the right to change a payment term (including imposing cash payment upon delivery), limit total credit, suspend or discontinue the provision of any service to the Client if Creative Development concludes that (i) there has been a material change in the Customer’s financial condition or payment performance or (ii) Customer has ceased or is likely to cease to meet Creative Development’s requirements.

The signature, or acceptance, of these terms warrants that the Client has read and understands these terms and has reviewed the information provided in its entirety and that all information is complete and correct, and agrees that Creative Development will be relying on this information and will notify Creative Development of any material changes to such information.

The Client authorizes Creative Development, its employees, representatives, and agents (i) to investigate information provided, and Customer’s credit, financial and banking records, (ii) and to obtain Customer’s credit bureau report.  Creative Development is authorized to retain information obtained as part of the application process whether or not the requested account and/or credit is granted. The client also allows Creative Development to use any content or service created to be used to promote Creative Development.

This contract is governed under the laws of the New South Wales. Disputes resulting in litigation will be adjudicated in a Court in the New South Wales.  The Client agrees to pay all fees and expenses or cost incurred by Creative Development in enforcing its rights to collect amounts due from the Client. By accepting this proposal, the Client authorize Creative Development to order a consumer report related to the business principal(s) to determine credit eligibility. It is understood and agreed that decisions relating to the extension of credit in any form by Creative Development to Customer are made at the sole and absolute discretion of Creative Development.

We purchase all our domain names through TPP. All terms of service relate to TPP Internet as the registra of all domain names.

.au Australian Domain names

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, the registrar, in relation to the Domain Name.

By submitting an 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

  • All domain registrations are through TPP Internet. TPP remains at all times the registrar for .com.au domains.
  • 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 http://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 and auDA’s liability to you under these terms and conditions is limited to the cost of the domain name licence

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 http://www.auda.org.au/
  • Registry Operator means the operator of the domain names registry for the Domain Name.
    We, our or us refers to TPP Internet A.C.N. 104 263 292 the registrar of record for your Domain Name Licence.
  • You or your refers 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 name 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 is 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 TPP Internet and to auDA separately that:
(a) all the information set out in your Domain Name application, and all information you give us, is true and correct, and not misleading or deceptive, and your application is made in good faith, and
(b) you meet, and continue to meet, for the duration of the Domain Name Licence, 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
(d) your registration or use of the Domain Name does not infringe any person’s legal rights, and
(e) you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
3. (2) You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
3. (3) You agree to indemnify us and auDA separately for any loss or damage suffered by us 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 accredited registrar, or
(b) our auDA Accreditation is suspended or terminated, or
(c) our registrar agreement with auDA is terminated by auDA.
4. (3) auDA may post notice of:
(a) the fact that we are no longer an accredited registrar, or
(b) the suspension or termination of our auDA Accreditation, or
(c) the termination of our 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) You must comply with the Published Policies, as if they were incorporated into and form part of, these terms and conditions. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
(2) You acknowledge that under the Published Policy:
(a) there are mandatory terms and conditions that apply to all domain name licences, and such terms and conditions are incorporated into, and form part of, these Terms and Conditions, and
(b) you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
(c) auDA may delete or cancel the registration of a .au domain name
(3) Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

Use of your information

6. (1) You give to:
(a) auDA, the right to publicly disclose to third parties, all information in relation to the registered Domain Name in accordance with the Published Policies;
(b) us (TPP Internet), the right to disclose to the Registry Operator, all information which is 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 the 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) If:
(a) we are no longer an accredited registrar, or
(b) our auDA Accreditation is suspended or terminated, or
(c) our registrar agreement with auDA is terminated by auDA,
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. (2) If our registrar agreement with auDA is terminated, TPP Internet will not 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 to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under these Terms and Conditions, or under our registrar agreement with auDA.
9. (2) You agree to indemnify, keep indemnified and hold auDA and us, and auDA’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
9. (3) 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. (4) 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. (5) 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. (6) Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or 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. auDA is an intended third party beneficiary of 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.

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.nz Domain Names (New Zealand)

1. The Registrar’s Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 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;
1.3 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);
1.4 process any new .nz domain name registrations with the registry within 2 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9AM-6:00PM (AEST) Monday-Friday, and otherwise within 12 hours ;
1.5 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;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID (UDAI) for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.

2. The Registrant’s Obligations

You agree that you will:

2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 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;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 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;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, 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.
2.9 you accept that our liability to you under the terms and conditions is limited to the cost of the domain name licence.
Duties of Other Persons
2.10 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3. 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:
3.1 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.

3.2 the domain name is registered in your name only because no other person has it according to the records of the registry operator; and
3.3 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
3.4 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.

4. Register is the Record

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

5. Payment of Fees

5.1 You agree to pay for the services we provide for you.
5.2 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.
5.3 We may alter our fees from time to time.
5.4 Our usual fees are for registration and renewal a domain name. We will tell you before any additional charge is incurred.
5.5 All pricing is in Australian Dollars (AUD) and includes GST.

6. 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.

7. 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.

8. 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:
8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 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 NZ Consumer Guarantees Act 1993.

9. Limitation of our Liability

We have excluded all other liability we or any of the persons specified in clause 8 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 8 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.

10. 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 14 says otherwise. To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 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;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 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.

11. Cancelling the Agreement

11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving you one month’s notice.

12. 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 ourself that you have permitted those persons to act for you.

13. 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 8 cannot rely on any clause, all other clauses of it are binding.

14. 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 2, 4 – 10, 12 13, and this clause 14.

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gTLD Domain Name Licences

Terms and Conditions for gTLD 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, the agent, in relation to the Domain Name.

Summary of Terms and Conditions

  • If your application for a domain name is accepted and approved, you will be granted a Domain Name Licence for that domain name for a period between one and ten years
  • You accept that our liability to you under these terms and conditions is limited to the cost of the domain name licence

Definitions

  • 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 ICANN and its Registrars from time to time in accordance with its constitution.
  • Registry Operator means the operator of the domain names registry for the Domain Name.
    We, our or us refer to TPP Internet A.B.N. 80 104 263 292
  • 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.

Domain name licence

2. (1) Your Domain Name Licence will be effective for a period of one to ten years (depending on your choice at application time), 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) You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
2. (3) 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 TPP Internet 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.
3. (3) You agree to indemnify us for any loss or damage suffered by us as result of any of us relying upon your above statements.

Use of your information

4. (1) You give to:
(a) us (TPP Internet), 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;
(b) 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,

Limitation of liabilities

5. (1) You must not pursue any claim against us, where 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.
5. (2) You accept and agree that we are not responsible for the use of any Domain Name in the domain names registry, and that we are 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.
5. (3) Despite any other provision of this document, and to the fullest extent permitted by law, we are not 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 TPP Internet, and our respective employees, agents, or sub-contractors.
5. (4) 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

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

General

7. (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.
7. (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
7. (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.
7. (4) 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.

.COM/NET Specific Terms and Conditions

8. (1) The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .com/.net domains:In applying for a .com/.net domain licence Registered Name Holder agrees to:
(a) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Verisign and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 4.1;
(b) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”);
(c) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(d) acknowledge that Verisign will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
(e) indemnify, defend and hold harmless Verisign, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

.INFO Specific Terms and Conditions

9. (1) The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .info domains:In applying for a .info domain licence Registered Name Holder agrees to:
(a) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Affilias and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 4.1;
(b) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”);
(c) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(d) acknowledge that Affilias will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
(e) indemnify, defend and hold harmless Affilias, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

.eu Specific Terms and Conditions

10. (1) The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement and terms and conditions for .eu domains:
(a) 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.
(b) By making an application for an .eu domain name with TPP Internet, you agree that the application may not be revoked; no refunds will be given for change of mind. All applications must be paid for in full up front; no application will be accepted without payment. Payment can only be made in Australian Dollars.
(c) Applications are taken by TPP Internet and submitted to the eu Registry on a first come first served basis. TPP Internet has no control over the allocation process that operates at the eu Registry and accepts no liability if domain names applied for are not successfully registered.

.mobi Specific Terms and Conditions

11. (1) The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .mobi domains:
(a) 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.
(b) By making an application for a .mobi domain name with TPP Internet, you agree that the application may not be revoked; no refunds will be given for change of mind. All applications must be paid for in full up front; no application will be accepted without payment. Payment can only be made in Australian Dollars.
(c) Applications are taken by TPP Internet and submitted to the .mobi Registry on a first come first served basis. TPP Internet has no control over the allocation process that operates at the .mobi Registry and accepts no liability if domain names applied for are not successfully registered.
(d) Applicants should note that if they build a website off a .mobi domain, the website must meet the “Switch On! Web Developer Guides” guidelines. To view the guidelines, please visit

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Acceptable Use Policy (AUP) and Hosting Terms of Service (TOS)

Creative Development’s Acceptable Use Policy is provided to give our customers and users a clear understanding of what Creative Development expects of them while using the service. All users of Creative Development’s Internet services: those who access some of our services but do not have accounts, as well those who pay a service fee to subscribe to the services, must comply with this Acceptable Use Policy.

Use of Creative Development’s Services constitutes acceptance and agreement to Creative Development’s Acceptable Use Policy as well as Creative Development’s Terms of Service (TOS).

Important Notice: Refunds will be given at discretion of Creative Development Management. In the event of a breach of the Acceptable Use Policy refunds will NOT be provided.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our Terms of Service (TOS), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Creative Development may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Creative Development account or other actions as detailed in Section 3 without prior notice.

This document is intended to provide a basic understand of Creative Development’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Creative Development’s Acceptable Use Policy:

•           Ensure reliable service to our customers

•           Ensure security and privacy of our systems and network, as well as the networks  and systems of others

•           Comply with existing laws

•           Maintain our reputation as a responsible service provider

•           Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

•           Preserve the value of Internet resources as a conduit for free expression and exchange of information

•           Preserve the privacy and security of individual users

Creative Development intends to provide its customers access to everything the Internet has to offer. While the Creative Development is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Creative Development and the Internet and cannot be permitted under the guise of free speech. The resources of the Creative Development and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Creative Development determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Creative Development account is used to violate the Acceptable Use Policy or our Terms of Service, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at info@Creativedevelopment.com.au.

Violations of Creative Development’s Acceptable Use Policy

The following constitute violations of this AUP:

Illegal use: Creative Development’s services may not be used for illegal purposes, or in support of illegal activities. Creative Development reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Creative Development’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Creative Development’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Creative Development’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Creative Development’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Creative Development’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Creative Development account.

You may not use your account to send unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.

Beginning Immediately, anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Offenders will be charged at $300/hour for repair of damages related to Spam and having IP space listed in any Spam database. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice.

E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Creative Development account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Creative Development’s service is in violation of this AUP.

Usenet SPAMing: Creative Development has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Creative Development’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Creative Development’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Creative Development account is subject to immediate termination.

Copyright, Intellectual Property or Trademark Infringement: Use of the Creative Development’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, intellectual property, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Torrents: We allow the hosting of torrent tracker sites for legal content only. Any host found to be allow the tracking of copyright protected software applications or other data will face immediate suspension and account review. Please follow any request by copyright holders to remove links to downloadable files from your site. Ignoring these requests will only lead to them contacting our abuse department directly request immediate disconnection of your server. Hosting any kind of torrent services on a shared/reseller hosting account is prohibited.

Collection of personal data: Use of the Creative Development’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the Creative Development’s service for any activity which affects the ability of other people or systems to use Creative Development’s Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Creative Development will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

System Resources: Any one site found to be utilizing in excess of 5% of the system resources at any given time shall be suspended.  Web hosting accounts are not to be used for storage purposes. We reserve the right to terminate such account if we see fit.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Creative Development’s services could result in suspension service.

Third Party Accountability: Creative Development’s subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

Violation of Creative Development’s Services: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC related services on shared hosting accounts. Shared hosting accounts found hosting this material will be subject to immediate cancellation without refund.

IRC networks: IRC in any form is strictly prohibited on our network, unless otherwise stated.

Game Servers: At this time we do not allow game server hosting on our network.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

•           Your password provides access to your account. It is your responsibility to keep your password secure.

•           Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

•           Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

•           You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

•           You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

•           You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to Overload a service, and attempts to “crash” a host.

•           Users who violate systems or network security may incur criminal or civil liability. Creative Development will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Creative Development’s virtual sites operate on shared resources. Excessive use or abuse of these shared network resources by one customer (eg. in excess of 5% CPU usage) may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Creative Development’s systems or networks. Creative Development reserves the right to terminate or limit such activities.

Uptime Guarantee:

If your shared or reseller server has network downtime that is not within the 99.9% uptime you may receive a pro-rated refund up to or equal of one month of service. Network downtime does not include planned maintenance. Approval of the credit is at the discretion of Creative Development dependant upon justification provided. The uptime of a server is defined as the reported uptime by the server’s operating system. To request a credit, please submit a sales ticket. All requests must be made in writing via the Support Desk.

Creative Development’s staff members

Abuse of any kind in any communication between Client and Provider will not be tolerated. Provider reserves the right to Terminate Client Services for excessive abuse and the right to determine when to apply said Termination.

Billing and Overdue Accounts

Payments to Creative Development are on a subscription basis, rebilling will occur on the anniversary date of the subscription. Where applicable, Creative Development will automatically attempt to deduct the payment on the due date.

All invoices must be paid on or before the due date, failure to do so may result in suspension or termination of the Clients account at Creative Development. It is the Client’s responsibility to know when the invoice is due, and to pay it by the due date. If a client holds multiple services with Creative Development, this is considered a single account, and all services may be suspended due to an overdue invoice.

Any invoice that is overdue for 14 days or more will be charged an additional $10 late fee. If Creative Development fails to collect Clients debt at 30 days or past the invoice due date, we reserve the right to turn the account over to a third party (either a collections agency or attorney) for further action. All costs incurred through the debt collection process are billable to the Client.

Server Disconnections:

In the event of breach of Creative Development’s AUP by abuse or non-payment, customer must pay a reconnection fee of $35/server.

Remote Hands:

Remote hands are billed are charged at a rate of AU $195/hour for basic support, and $245/hour for advanced support.

Data Integrity:

You use at your own risk, Creative Development is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Creative Development’s servers.

Colocation:

Customer is allowed to remove their equipment from the facility if and only if they have paid all outstanding invoices.

Reporting Violations of Creative Development’s Acceptable Use Policy

Creative Development requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at info@Creativedevelopment.com.au

If available, please provide the following information:

•           The IP address used to commit the alleged violation

•           The date and time of the alleged violation, including the time zone or offset from GMT

•           Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Creative Development may take any one or more of the following actions in response to complaints:

•           Issue written or verbal warnings

•           Suspend the Member’s account

•           Terminate the Member’s account

•           Bill the Member for administrative costs and/or reactivation charges

•           Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Account Cancellations

All shared and reseller account cancellations must be submitted 7 days before the next billing cycle. Dedicated server and all other account cancellations must be made 14 days before the next billing cycle, failure to do so will result in service being billed for an additional cycle. Cancellations must be submitted via writing in the Client Area, failure to submit the cancellation via the Client area will result in the cancellation not being processed. Cancellation requests must also include the domain name associated with the account if it is a shared or reseller account, and server IP address if it is a dedicated server. You may be contacted shortly after the submission of your cancellation request, you must respond to complete the cancellation process.

Revisions of the Acceptable Use Policy

Creative Development reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.

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Creative Development Pty Ltd

.au Australian Domain names

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, 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

  • All domain registrations are through TPP Internet. TPP remains at all times the registrar for .com.au domains.
  • 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 http://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 and auDA’s liability to you under these terms and conditions is limited to the cost of the domain name licence

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 http://www.auda.org.au/
  • Registry Operator means the operator of the domain names registry for the Domain Name.
    We, our or us refers to TPP Internet A.C.N. 104 263 292 the registrar of record for your Domain Name Licence.
  • You or your refers 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 name 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 is 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 TPP Internet and to auDA separately that:

(a)

all the information set out in your Domain Name application, and all information you give us, is true and correct, and not misleading or deceptive, and your application is made in good faith, and

(b)

you meet, and continue to meet, for the duration of the Domain Name Licence, 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

(d)

your registration or use of the Domain Name does not infringe any person’s legal rights, and

(e)

you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

3.

(2)

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.

3.

(3)

You agree to indemnify us and auDA separately for any loss or damage suffered by us 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 accredited registrar, or
(b) our auDA Accreditation is suspended or terminated, or
(c) our registrar agreement with auDA is terminated by auDA.

4.

(3)

auDA may post notice of:

(a) the fact that we are no longer an accredited registrar, or
(b) the suspension or termination of our auDA Accreditation, or
(c) the termination of our 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)

You must comply with the Published Policies, as if they were incorporated into and form part of, these terms and conditions. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.

(2)

You acknowledge that under the Published Policy:
(a) there are mandatory terms and conditions that apply to all domain name licences, and such terms and conditions are incorporated into, and form part of, these Terms and Conditions, and
(b) you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
(c) auDA may delete or cancel the registration of a .au domain name

(3)

Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.


Use of your information


6.

(1)

You give to:

(a)

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

(b)

us (TPP Internet), the right to disclose to the Registry Operator, all information which is 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 the 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)

If:

(a)

we are no longer an accredited registrar, or

(b)

our auDA Accreditation is suspended or terminated, or

(c)

our registrar agreement with auDA is terminated by auDA,

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.

(2)

If our registrar agreement with auDA is terminated, TPP Internet will not 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 to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under these Terms and Conditions, or under our registrar agreement with auDA.

9.

(2)

You agree to indemnify, keep indemnified and hold auDA and us, and auDA’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

9.

(3)

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.

(4)

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.

(5)

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.

(6)

Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or 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. auDA is an intended third party beneficiary of 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.


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