Melbourne IT's Names By Request Service

In these Terms:

"Available" means:

1. with respect to a Category A Domain Name - that such Category A Domain Name becomes available for registration; or
2. with respect to a Category B Domain Name - that such Category B Domain Name becomes available for purchase.

"Contact Details" means any contact details provided by you to Melbourne IT in connection with the Service.

"Domain Name" means any Domain Name that you have expressed interest in obtaining in connection with the Service.

"Category A Domain Name" means an .au domain name, a .biz domain name, a .us domain name, a .co.uk domain name, a .nz domain name and any other domain name identified by Melbourne IT as a Category A Domain Name from time to time. For the avoidance of doubt, Melbourne IT may elect in its discretion to determine that a Category B Domain Name shall be a Category A Domain Name.

"Category B Domain Name" means a .com domain name, a .net domain name, a .org domain name, a .info domain name, and any other domain name identified by Melbourne IT as a Category B Domain Name from time to time. For the avoidance of doubt, Melbourne IT may elect in its discretion to determine that a Category B Domain Name shall be a Category A Domain Name.

"Domain Name Sale Documentation" means any terms and conditions required to be agreed to by you in order to purchase a Category B Domain Name if it becomes Available, which may arise, for example, if you are the successful bidder at an auction pertaining to such Category B Domain Name.

"Indemnified Party" means Melbourne IT and the directors, officers, employees, and agents of Melbourne IT.

"Loss and Damage" means any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees).

"Prohibited Conduct" means if you use the Service to engage in any activity or conduct:

1. that is or could be defamatory or disparaging towards any person; and/or
2. that is or could be illegal or fraudulent; and/or
3. that is or could infringe or misappropriate the intellectual property rights of others; and/or
4. that is likely (in Melbourne IT's reasonable opinion) to expose Melbourne IT to liability or be detrimental to the reputation of Melbourne IT.

"Service" means Melbourne IT's Name Request Service.

"Terms" means these Terms for Melbourne IT's Name Request Service.

"Third Party Provider" means a third party provider of auction services and/or sale services in connection with the sale of domain names.

"Third Party Provider Action" means:

1. with respect to any auction services provided by a Third Party Provider in connection with the auction of the Domain Name- the auction of the Domain Name, or any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction of the Domain Name, including, without limitation, the finalisation of the sale and purchase of the Domain Name by the Third Party Provider; and/or
2. with respect to any other sale services provided by a Third Party Provider in connection with the sale of the Domain Name - any act (or omission) of the Third Party Provider arising directly or indirectly out of the sale of the Domain Name, including, without limitation, the finalisation of the sale and purchase of the Domain Name by the Third Party Provider.

"Third Party Provider Terms and Conditions" means any terms and conditions of a Third Party Provider in connection with:

1. the provision of auction services and/or the conduct of an auction; and/or
2. the provision of any other sale services, in connection with the potential purchase of the Domain Name.

2.1. We may vary these Terms at any time by general notice on a page of the internet referred to on our websites at http://www.melbourneit.com.au/policies/. Changes to these Terms will become effective upon publication of the notice.

2.2. If you use the Service after publication of any change to these Terms in accordance with clause 2.1, or, if you respond to Melbourne IT (either by phone or any other medium) in relation to any communication from Melbourne IT if and when any Domain Name becomes Available, your use or response (as the context requires) will constitute your acceptance of the amended terms.

3.1. Melbourne IT will use all reasonable efforts to monitor any Domain Name or Domain Names that you have expressed an interest in obtaining in connection with the Service to determine if such Domain Name becomes Available. However, nothing in these Terms shall constitute an express or implied guarantee or warranty:

3.2. Subject to clauses 3.3, 3.4 and 3.5 below, if a Domain Name becomes Available, Melbourne IT will call or contact you on a first-come, first served basis for the purposes of providing you with an opportunity to obtain the Domain Name and informing you of the price and the terms and conditions that apply to you obtaining the Domain Name (including, if applicable, any Domain Name Sale Documentation). You acknowledge that as there may be interest from additional parties in a Domain Name, there will be no guarantee that you will be have an opportunity to obtain a Domain Name even if it does become Available.

3.3. If a Category B Domain Name becomes Available, and if there is more than one party interested in the Category B Domain Name, Melbourne IT may elect (at its discretion) to make that Category B Domain Name available for purchase through an auction or sale operated by a Third Party Provider. You acknowledge that as a condition of you participating in any such auction or sale you may be required to agree to Third Party Provider Terms and Conditions. You further acknowledge that if there is more than one party interested in the Category B Domain Name, there is no guarantee that you will be the successful bidder at any auction or sale of the Category B Domain Name. You also acknowledge that because the auction or sale will be conducted by a Third Party Provider and not by Melbourne IT, Melbourne IT takes no responsibility for any Third Party Provider Action. Accordingly, you agree that Melbourne IT will have no liability to you in connection with any Third Party Provider Action.

3.4. In addition to clause 3.3, if Melbourne IT elects to conduct an auction or sale of a Category B Domain Name, as referred to in clause 3.3, Melbourne IT or the Third Party Provider may be required to obtain further details from you and/or you may be required to agree to Domain Name Sale Documentation, as a condition of being eligible to participate in the auction or sale. You therefore agree that if you fail to provide such details to Melbourne IT or the Third Party Provider as required, or you fail to agree to any Domain Name Sale Documentation within the time period required, you may not be disqualified from participation in the auction or sale.

3.5. If Melbourne IT elects to conduct an auction or sale of a Category B Domain Name, as referred to in clause 3.3, and, for whatever reason, the auction does not proceed or is not completed, the reserve price with respect to the Category B Domain Name is not met, or, the sale and purchase of the Category B Domain Name is not completed (including, without limitation, in the event that a charge back by a credit card company or other bank payment provider occurs), Melbourne IT reserves the right to offer the Category B Domain Name for sale in the manner contemplated by clause 3.2.

3.6. Melbourne IT makes no representation or warranty in relation to the method of auction. The auction (including rules and process) may be operated by any method as determined by the Third Party Provider.

4.1. You may from time to time amend or replace any Contact Details by sending an email to (namesbyrequest@melbourneit.com.au) or to such other email address as notified to you from time to time.

4.2. You acknowledge that Melbourne IT will only be able to call or contact you (if required) in connection with any Domain Name and this Service if you keep your Contact Details up to date. You therefore agree that you shall be solely responsible for keeping your Contact Details up to date. You agree that Melbourne IT shall have no liability to you whatsoever if Melbourne IT is unable to contact you as a consequence of your Contact Details not being up to date or for whatever reason (including, for example, because you do not respond to our contact in a timely manner).

You must not engage in any Prohibited Conduct with respect to the Service. If you engage in any Prohibited Conduct, or if Melbourne IT receives a request from any enforcement agency with respect to your use of the Service, Melbourne IT may disclose any information pertaining to you or the Domain Names relevant to your use of the Service (including, without limitation, if applicable, any payment information), to any enforcement agency.

You acknowledge to Melbourne IT that the price that may apply in connection with you obtaining any Domain Name, if the Domain Name becomes Available, may differ from the standard pricing for domain names specified on Melbourne IT's website.

Melbourne IT may in its sole discretion, without liability to you, cancel the Service with respect to any Domain Name, or cancel the Service generally, by notice to you. Melbourne IT may cancel the Service with respect to any Domain Name, or, the Service generally, either before or after any Domain Name becomes Available (including, for the avoidance of doubt, during any auction of a Category B Domain Name (if applicable)), for any reason (which may include, without limitation, where you engage in any Prohibited Conduct, where there are intellectual property rights that may be infringed in connection with the Domain Name, if there are any disputes raised in relation to the name, or, Melbourne IT otherwise becomes obliged to transfer the Domain Name to a third party).

8.1. To the extent permitted by law and subject to clause 8.2, you agree that Melbourne IT shall have no liability to you under these Terms or in connection with the Service, including (without limitation) liability to you for any loss or damage (whether direct, indirect, consequential, loss of profits or otherwise) you may incur (whether by negligence or fault of Melbourne IT or otherwise) in connection with these Terms or the Service, including, without limitation, any failure by Melbourne IT to identify that a Domain Name is Available or any failure by you to obtain any Domain Name that becomes Available.

8.2. If any legislation implies in this Agreement a term or warranty and also prohibits Melbourne IT from modifying the application of or exercise of, or liability under that term or warranty, that term or warranty is deemed to be part of these Terms and you agree that Melbourne IT's liability under these Terms for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again or the payment of the cost of having the goods repaired or replaced or the services supplied again.

8.3. Melbourne IT acknowledges that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Melbourne IT shall be limited to the greatest extent permitted by applicable law.

8.4. You acknowledge that Melbourne IT agrees to provide the Service to you only on condition that you agree to these Terms, and in particular, this Limitation of Liability clause.

You agree to indemnify each Indemnified Party from and against any and all Loss and Damage incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

9.1. your use of the Service; and/or

9.2. any breach of these Terms by you; and/or

9.3. any claim or demand by a Third Party Provider or any third party in connection with the auction of the Category B Domain Name or the Third Party Provider Terms and Conditions.