A. GENERAL.
This domain name registration Agreement ('Agreement') is submitted by you to
Melbourne IT Ltd ('Melbourne IT') of Level 2, 120 King Street, Melbourne, Victoria,
Australia, 3000, for onward submission to i-DNS.net International Pte Ltd for the purpose of your
application for registering, for your use only, an international domain name on the
Internet. You agree to be bound by the terms of this Agreement and the terms of Melbourne IT's
and i-DNS.net International Pte Ltd's Domain Name Dispute Policy ('Dispute Policy') which
is incorporated herein by reference. If this Agreement is received by Melbourne IT and a domain
name is activated by i-DNS.net and registered for use in Melbourne IT's domain name database, this
Agreement will become effective and binding. You acknowledge that time is not of essence
and that it may take up to 7 days to process your application. This Agreement shall be
received at the offices of Melbourne IT. A reference in this Agreement to Melbourne IT is a reference to
Melbourne IT.
B. FEES AND PAYMENTS.
You agree to pay Melbourne IT the following fees:
Registration: The Registration fee agreed with the Melbourne IT for the registration
of each new domain name valid for a period of two (2) years for each new
registration inclusive of any permitted modification(s) to the domain name
record during the covered period.
Renewal (re-registration): The renewal fee agreed with the Melbourne IT to renew
(re-register) an existing registration valid for a period of one (1) year for each
renewal (re-registration) inclusive of any permitted modification(s) to the domain
name record during the covered period.
You agree that if the fees are not paid in accordance with the above terms,
Melbourne IT may in it sole discretion cancel your domain name registration and terminate this Agreement
without liability.
C. DISPUTE POLICY.
You agree as a condition of this Agreement that you shall be bound by i-DNS.net International
Pte Ltd's current Dispute Policy. The current version of the Dispute Policy may be found at the
website of i-DNS.net International Pte Ltd: http://www.i-DNS.net/dispute.html. i-DNS.net
International Pte Ltd operates and maintains certain international Top Level Domain (iTLD)
servers and zone files.
D. CHANGES OR MODIFICATIONS TO DISPUTE POLICY.
You acknowledge that the practice and system of domain name registrations is
constantly changing and accordingly you agree that i-DNS.net International Pte Ltd may
in its sole discretion change or modify the Dispute Policy at any time. You agree that
your maintaining the registration of a domain name after changes or modifications to the
Dispute Policy become effective constitutes your continued acceptance of these changes or
modifications. You agree that if you consider any such changes or modifications to be
unacceptable, your sole and exclusive remedy is to request that your registration of
the domain name be cancelled.
E. EFFECTIVE VERSION OF DISPUTE POLICY.
You agree that if the domain name registered by you is challenged by any third party,
you will be subject to the provisions of the specific Dispute Policy current at the time
the dispute first arose.
F. AGENTS.
You agree that if this Agreement is completed by your agent, such as but not
limited to an Internet service provider, you agree that the acts of your agent are
hereby authorized and you are bound as a principal by all the terms and conditions
herein, including the Dispute Policy. You agree that if you complete this Agreement
as an agent on behalf of someone else, you represent that you have the authority to
bind that person as a principal to all terms and conditions herein, including the
Dispute Policy.
G. LIMITATION OF LIABILITY.
YOU AGREE THAT Melbourne IT AND i-DNS.NET INTERNATIONAL PTE LTD SHALL HAVE NO LIABILITY WHATSOEVER
TO THE YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS
OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF Melbourne IT AND i-DNS.NET INTERNATIONAL
PTE LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN
CONNECTION WITH (A) Melbourne IT'S PROCESSING OF THIS AGREEMENT; (B) Melbourne IT'S PROCESSING OF ANY AUTHORIZED
MODIFICATION TO YOUR DOMAIN NAME RECORD DURING THE COVERED PERIOD; (C) YOUR FAILURE TO PAY THE
APPLICABLE FEES; (D) THE APPLICATION OF THE PROVISIONS OF THE DISPUTE POLICY INCLUDING ANY
CANCELLATION OF THE REGISTRATION OF THE DOMAIN NAME; (E) YOUR USE OF YOUR DOMAIN NAME REGISTRATION;
(F) ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; (G) MIS-DELIVERY,
NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; (H) EVENTS BEYOND Melbourne IT'S OR i-DNS.NET
INTERNATIONAL PTE LTD'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; (I) UNAUTHORIZED
USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; (J) ANY SUSPENSION OF YOUR DOMAIN NAME REGISTRATION IN
ACCORDANCE WITH THIS AGREEMENT; AND (K) ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS
AGREEMENT. With respect to access, you acknowledge that the resolution of your domain name registration
with the applicable Internet Protocol addresses may not always be possible as your particular computer
may need to be enabled for such resolution, either by way of an enabled browser, or by virtue of your
computer operating under an iDNS enabled Internet Service Provider. In any event, you agree that Melbourne IT
and i-DNS.net International Pte Ltd's liability as set out herein is limited to the fullest extent
permitted by any applicable law. You agree that in no event shall the maximum liability of Melbourne IT or
i-DNS.net International Pte Ltd under this Agreement for any matter exceed the amount paid by you
under this Agreement.
PLEASE NOTE THAT IN THE DISPUTE POLICY, i-DNS.NET INTERNATIONAL PTE LTD MAY UNDER CERTAIN CIRCUMSTANCES
CANCEL THE REGISTRATION OF YOUR DOMAIN NAME, IN WHICH EVENT, THIS SECTION G WOULD APPLY. The current
version of the Dispute Policy may be found at the website of i-DNS.net International Pte Ltd:
http://www.i-DNS.net/dispute.html.
H. INDEMNITY.
You agree to indemnify and hold harmless and at Melbourne IT's and/or i-DNS.net
International Pte Ltd's option defend Melbourne IT and i-DNS.net International Pte Ltd including its
officers, directors, employees, contractors and agents for all liability, loss, damages, costs,
legal costs and expenses, and any other expenses incurred or paid by Melbourne IT and i-DNS.net International
Pte Ltd arising or resulting from (a) any claim, action or demand related to the registration or use
of your domain name; (b) any breach by you of any term, representation or warranty in this Agreement;
(c) or otherwise arising out of or related to this Agreement.
I. BREACH.
You agree that any breach by you of any provision of this Agreement or
the Dispute Policy, including any representations or warranties made by you, may be considered
by Melbourne IT and/or i-DNS.net International Pte Ltd to be a material breach. Subject to any other
express term of this Agreement or the Dispute Policy, Melbourne IT and/or i-DNS.net International Pte
Ltd may give a written notice of such breach to you requiring that if such breach is not
rectified by you within thirty (30) days to the reasonable satisfaction of Melbourne IT and/or i-DNS.net
International Pte Ltd, then Melbourne IT and/or i-DNS.net International Pte Ltd may cancel your registration
of the domain name. Any such breach by you shall not be deemed to be excused simply because Melbourne IT
and/or i-DNS.net International Pte Ltd did not act earlier in response to any breach by you.
J. EFFECT OF REGISTRATION.
You acknowledge and agree that Melbourne IT processes domain name registration
applications on a 'first come, first serve' basis and that your registration of a domain name
entitles you solely to the use of, and not to own, the domain name registered. Neither Melbourne IT
nor i-DNS.net International Pte Ltd has made nor makes any determination as to the proprietary
rights to a or any name. Accordingly, you agree that the mere fact of a domain name registered
by Melbourne IT in your name does not confer any legal right or defence and does not confer immunity
from objection to either the registration or use of the domain name. Further, you expressly
acknowledge that any violation of this Agreement or the Dispute Policy will result in the
termination of any and all rights you may have to use the domain name.
K. WARRANTIES.
You agree and warrant that to the best of your knowledge the information
submitted herein is true and correct, and that any future changes to such information will be
provided to Melbourne IT in a timely manner according to the procedures in place at that time. You further
represent and warrant that to the best of your knowledge and belief use of the domain name you have
applied for does not directly or indirectly infringe the rights of third parties. You agree that
breach of these warranties will constitute a material breach and entitle Melbourne IT and/or i-DNS.net
International Pte Ltd to immediately suspend and/or cancel your domain name registration.
You agree that the domain name registration services provided by Melbourne IT is made
available to you on an "as is" basis. Melbourne IT and i-DNS.net International Pte Ltd EACH DISCLAIM ALL
WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY OR SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE
ABOVE EXCLUSIONS EXTEND TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW.
L. RIGHT OF REFUSAL.
Melbourne IT reserves the right, in its sole discretion, to refuse to register
any domain name requested herein. You agree that the submission of a domain name pursuant to
this Agreement does not obligate Melbourne IT to accept either the domain name or this Agreement and
that Melbourne IT is not under any obligation to you to provide any reason for any such refusal. You
agree that neither Melbourne IT nor i-DNS.net International Pte Ltd shall be liable for any loss or
damages that may result from Melbourne IT's refusal to accept either the domain name or this Agreement.
M. SEVERABILITY
You agree that the terms of this Agreement are severable. If any provision
of this Agreement shall be found by any court or administrative body of competent jurisdiction to
be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect
the other provisions of this Agreement and all provisions not affected by such invalidity or
unenforceability shall remain in full force and effect.
N. ENTIRE AGREEMENT
You agree that this Agreement and the Dispute Policy, as may be amended
by Melbourne IT or i-DNS.net International Pte Ltd, is the complete and exclusive agreement between the
parties regarding the registration and/or use of your domain name. This Agreement and the Dispute
Policy supersede all prior agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, whether established by custom, practice, policy, or
precedent. You agree that this Agreement may not be amended by you unless agreed to in writing
by a duly authorized representative of Melbourne IT.
O. NON-WAIVER
The waiver by either party of a breach of or default in respect of any
provision of this Agreement shall not be construed as a waiver of any succeeding breach of the
same or other provisions, nor shall any delay or omission on the part of either party to exercise
or avail itself of any right, power or privilege that it has or may have hereunder, operate as a
waiver of any breach or default by the other party.
P. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
Q. NOTICES
You agree that any notice required to be given under this Agreement
by Melbourne IT or i-DNS.net International Pte Ltd to you will be deemed to have been given if
delivered in accordance with the contact information you have provided.
R. GOVERNING LAW.
You agree that this Agreement shall be governed in all respects by
and construed in accordance with the laws of the Republic of Singapore. By submitting this
Agreement, you consent to the non-exclusive jurisdiction and venue of the Courts of Singapore.
S. DATA.
You acknowledge and agree that in completing this Agreement and
providing your details to Melbourne IT, Melbourne IT and/or i-DNS.net International Pte Ltd may and will
utilize such information to create and compile its domain name database. You agree that
Melbourne IT and/or i-DNS.net International Pte Ltd will have complete ownership over its domain
name database, whether in part or in whole, and any derivative works created from it. You
agree that Melbourne IT and/or i-DNS.net International Pte Ltd may make available to the public
such information under a look-up or WHOIS service or to third parties in Melbourne IT's and/or
i-DNS.net International Pte Ltd's sole discretion.
T. READ AND UNDERSTOOD THE AGREEMENT.
By completing and submitting this Agreement for consideration and
acceptance by Melbourne IT, you agree that you have read and agree to be bound by A through S above.
If you do not in fact agree to any of the terms and conditions set out in this Agreement,
please stop and do not submit this Agreement to Melbourne IT.
