Version 2.6
Date: March 2001.

The contract between Melbourne IT Limited (ACN 073 716 793) through its Melbourne IT and other businesses divisions ("MELBOURNE IT") and the Domain Name Licence Holder ("Licensee") for the licence of a com.au domain name contains the following terms and conditions:

  1. These terms and conditions, together with the rules in the most recent com.au Domain Name Allocation Policy constitute the entire agreement between MELBOURNE IT and the Licensee for the registration of the Domain Name on the com.au Listing Service, and supersede all prior agreements, understandings and representations whether oral or written.

  2. MELBOURNE IT's prices for its services are contained in the most recent MELBOURNE IT Pricing Structure.

  3. The Licensee has read, understood and accepted the terms, conditions and rules in the documents referred to in clause 1.

  4. If the Licensee uses an agent for the payment of fees, MELBOURNE IT will first seek payment from the agent; but if the agent does not pay the fees for whatever reason the Licensee is responsible for the fees.

  5. The Licensee must:
    5.1 Obtain the consent of individuals whose personal data is to be publicly listed in the AUNIC registry as part of the Domain Name application.
    5.2 Pay the initial registration fee to MELBOURNE IT within 21 days after the issue of the MELBOURNE IT invoice.
    5.3 Promptly notify MELBOURNE IT of any change to its registered details, and
    5.4 Promptly notify MELBOURNE IT of any actual or threatened proceedings brought in respect of the name used as a Domain Name whether by or against the Licensee

  6. MELBOURNE IT will:
    6.1 Process the application and consider whether to accept or reject it in accordance with the criteria laid down in the com.au Domain Name Allocation Policy in force at the time of the application;
    6.2 (if the application is accepted) enter the Domain Name delegation details (if any) into the com.au zone file, and send notice to AUNIC to list the Domain Name in the AUNIC registry;
    6.3 (if the application is not accepted), notify the Licensee or their agent that the application was not successful, and the reasons why.

  7. The initial licence period for use of the Domain Name on the Listing Service is two years from the date of the successful application for registration. Thereafter, the licence may be renewed indefinitely for periods of two years, on payment of the applicable renewal fee and subject to the then current com.au Domain Name Allocation Policy and Terms and Conditions.

  8. The Licensee acknowledges that it is the Licensee's responsibility to ensure that the Domain Name is renewed. MELBOURNE IT is not responsible for failure to contact the Licensee or the Licensee's agent if registered details are incorrect, not updated or the contact person or number cannot be reached. The Licensee releases and holds MELBOURNE IT harmless against any claim for damage or loss arising from failure of the Domain Name to be renewed.

  9. The Licensee (or their agent) may surrender a licence of a Domain Name by notice in writing to MELBOURNE IT.

  10. General:
    10.1 MELBOURNE IT is entitled to register Domain Names on a first come, first served basis and there is no guarantee that any Domain Name applied for will be registered. Licensees are advised not to take any action in respect to the registration of a Domain Name until registration is confirmed by MELBOURNE IT.
    10.2 Registration or renewal (as the case may be) is not effective until MELBOURNE IT receives all applicable fees.
    10.3 MELBOURNE IT may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances by notice in writing to the Licensee or agent. Exceptional circumstances include those set out in the com.au Name Allocation Policy.
    10.4 MELBOURNE IT does not accept any responsibility for the registration or use of any com.au Domain Name and in particular for any conflict with trade marks (registered or unregistered), or with rights to names in other contexts. A Domain Name registration is not evidence of ownership of the name used as a Domain Name.
    10.5 MELBOURNE IT will use its reasonable endeavours to ensure that details supplied in the application are entered into and maintained in the com.au zone file and sent to AUNIC registry. MELBOURNE IT does not accept any responsibility for the performance of the AUNIC registry or the primary domain name server. All conditions and warranties that may be implied (by law or as a result of previous negotiations) in the contract between MELBOURNE IT and the Licensee are excluded to the extent permitted by law. In no circumstances will MELBOURNE IT be liable for any loss of profit, business or anticipated savings by the Licensee.
    10.6 The Licensee warrants to MELBOURNE IT that the details submitted by the Licensee (or their agent) are true and correct, and that any future additions or alterations to those details will be true and correct.
    10.7 The Licensee warrants to MELBOURNE IT that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes on the legal rights of a third party. MELBOURNE IT's remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, termination or cancellation of the Domain Name.
    10.8 The Licensee indemnifies MELBOURNE IT against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from MELBOURNE IT's negligence or breach of the terms of the contract); and indemnifies MELBOURNE IT against the costs and expenses, however they may arise, incurred in defending or dealing with such a claim.

  11. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.

  12. The Domain Name may not be sold, lent or used by any party other than the Licensee, and the Domain Name may not be transferred from the Licensee to another party.

  13. Any notice to be given under the contract is be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.

  14. The contract is governed by Australian law, and the Licensee and MELBOURNE IT submit to the exclusive jurisdiction of the Australian courts.

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