Terms and Conditions

Melbourne IT DNS Management Service

1.1	DNS Management is a service that allows an end user to control how their domain works. Melbourne IT will provide the end user with a User Interface (UI) to edit their zone files ("Service").
1.2	The Service operates on a self serve basis. You will be responsible for all changes made and you accept all liability for any detriment suffered as a result of any changes made.
1.3	The Service commences on the date upon which Melbourne IT confirms to you by email or any other written medium that the Service has been commenced or activated ("Service Commencement Date").
1.4	Melbourne IT may change these terms and conditions by giving notice at least 30 days notice prior to the change, unless the change is required by law, a regulatory body or for a technical reason (including security) for which we will give you a reasonable period of notice not exceeding 3 days. Melbourne IT may give notice of a change by posting the new version of the Agreement on our website at http://www.melbourneit.com.au/policies.
1.5	If you use this Service after publication of any change in accordance with clause 1.4, your use will constitute acceptance of the amended terms.

2.1	This Service is only available to you if you have a domain name/s which is/are either: 2.1.1 Registered with Melbourne IT; and/or 2.1.2 Under the management of Melbourne IT as registrar.
2.2	You acknowledge that this Service is provided to you on an "as is" and "as available" basis, for your personal or business use only. You may not use the Service in any other manner, or resupply or sublicense all or any part of it to any third party, directly or indirectly, under any circumstances.
2.3	You agree to be bound by our Acceptable Use Policy ("AUP") and the Service may be terminated by Melbourne IT should you breach the AUP.
2.4	This Service is currently provided at no charge to you as a Melbourne IT customer. However, Melbourne IT reserves the right, at any time in the future, to and you acknowledge that we may charge for, this Service upon 30 days prior written notice and publication on our website at http://www.melbourneit.com.au/policies. Any subsequent variation to fees charged will be published via this website. You will be provided with the option to Opt-Out of Service at the time Melbourne IT elects to start to impose a charge for this Service.
2.5	Any Service Request must be submitted in writing to Melbourne IT prior to any work being performed. You acknowledge that no work will be performed by Melbourne IT until this prior written Service Request (as defined in clause 6.2) has been received by us.
2.6	You accept that Melbourne IT may charge a fee for implementing any Service Request Any Service Request will be charged at rate of $50 per hour or part thereof, payable in advance.

You warrant that:

3.1	You are at least 18 years of age; and:
3.2	You will otherwise at all times use the Service in accordance with this agreement, Melbourne IT's AUP, and any other relevant policies; and
3.3	Your use of the Service will not at the Service Commencement Date or thereafter, infringe the intellectual property or other proprietary or legal rights of Melbourne IT or any third party; and
3.4	You have not entered into this agreement or obtained the Service on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by Melbourne IT concerning this agreement or the Service, other than any statement or representation contained in this agreement.

4.1

To the extent permitted by law, Melbourne IT, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") make any warranties of any kind, either expressed or implied, statutory or otherwise, as to the performance of the Service (including without limitation, any software related thereto) or in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Service or any equipment provided, and all such warranties are hereby excluded.

You will indemnify and defend Melbourne IT and all directors, officers, employees, and agents of Melbourne IT ("Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

6.1	You accept sole responsibility for any and all changes made, by yourself or an authorised representative including, but not limited to, Melbourne IT; and
6.2	You accept that Melbourne IT will not be liable for any changes, or detriment suffered as a result of any changes implemented by Melbourne IT at your request ("Service Request"); and
6.3	Melbourne IT reserves the right to cancel or alter this Service at any time.

7.1	You acknowledge that all right, title and interest in any and all: 7.1.1 Technology, including any software and/or User Interface; 7.1.2 Any documentation and material that is part of or provided with the Service; and 7.1.3 Any know-how, trademarks or service marks of Melbourne IT ("Our Intellectual Property") is vested in Melbourne IT.
7.2	Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.
7.3	You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Service, or grant any other person or entity the right to do so.
7.4	Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Melbourne IT, however, nothing in this clause 7.4 shall preclude you from using Our Intellectual Property as incorporated in the Service. This clause 7.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third party software that is part of or provided with the Service solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

8.1	You may cancel the Service within one business day of the Service Commencement Date;
8.2	Your Service will be automatically cancelled by Melbourne IT, if or when: 8.1.1 A domain is transferred away from Melbourne IT as registrar; and/or 8.1.2 A domain name is cancelled at the registry, either by non renewal or by explicit cancellation by You.
8.3	Cancellation of the Service by either party will not affect any fees payable under this agreement or due as at time of cancellation. Upon cancellation by either party, all fees are due and payable.
8.4	Melbourne IT may suspend or cease providing the Service for any reason on 5 business days notice.

9.1	You acknowledge that it is your responsibility to ensure that you maintain a copy of all associated records and/or documents which relate in any manner whatsoever to the provision of the Service by Melbourne IT to you;
9.2	You acknowledge that changes made via the User Interface can take time to propagate, and that Melbourne IT cannot guarantee any performance time for the implementation of changes, or the time it takes for the internet to be aware of the changes;
9.3	This Agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Agreement.
9.4	This Agreement and any documents referred to in, or executed in connection with it, contains the entire agreement between the parties with respect to its subject matter and supersedes all other representations, negotiations, arrangements, understandings or agreements and other communications. Each party warrants that it has not entered into this Agreement relying on any representations made by or on behalf of the other, other than those expressly made in this Agreement. This Agreement may be executed in any number of counterparts, and all counterparts taken together constitute one document.
9.5	If a provision of this Agreement is invalid or unenforceable in a jurisdiction: (a) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and (b) that fact does not affect the validity or enforceability of: (i) that provision in another jurisdiction; or (ii) the remaining provisions.
9.6	To the extent of any inconsistency between the terms of this Agreement and the terms of any Registration Agreement, the terms and conditions of this Agreement prevail.