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SPECIAL TERMS & CONDITIONS
FOR THE REGISTRATION OF SUB-DOMAINS UNDER .AU.COM
IMPORTANT:
We are entitled
to register Domain Names on a first come, first served basis,
whether or not it has received payment for registration and,
until we have confirmed it as a pending registration, there is
no guarantee that the Domain Name applied for will be entered in
the Register as such. You are advised not to take any action in
respect of the registration of a Domain Name before it becomes a
full registration.
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Our Rules
for the .au.com Sub-Domains and the procedures of our
Dispute Resolution Service (both of which as at the date
hereof can be seen below), in each case as amended from time
to time, form part of this agreement. Copies of those Rules
and procedures may also be obtained directly from us.
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Within
fifteen (15) days after the issue of our invoice, you will
pay the initial registration fee to us and sign and return
to us the Application Form, confirming your acceptance of
these terms and conditions. You will be responsible for the
payment of all fees, whether or not the sub-domain is
registered by means of any reseller of NetRegistry or agent
of your own. You warrant that the details submitted by you
to us, in the Application form are true and correct, and
that future additions or alterations to those details will
be true and correct.
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You will be
responsible to obtain the consent of individuals whose
personal data are to be held on the Register of .au.com
Domain Names to the access referred to in clause 10 below
and promptly notify Integrated Web Solutions Australia
and/or NetRegistry of any change to its registered details,
including where an agent is appointed, any change to the
agent's details.
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Where an
application for a sub-domain is accepted and entered with
other relevant details in the Register of .au.com Domain
Names as a pending registration, it may be deleted by us and
made available to any other applicant if the fee invoiced to
you is not paid within the time specified in our invoice,
and you will not be entitled to any refund of any money
paid; if an application is not accepted, Integrated Web
Solutions Australia or NetRegistry will notify you or the
person lodging the application on your behalf and return any
payments received. A pending registration will be converted
to a full registration on receipt of both the initial
registration fee and the correctly completed Application
Form.
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The initial
registration period is one year from the date of the
application for registration. Thereafter, the registration
may be renewed indefinitely for further periods of one or
more years, on payment of the renewal fees applicable from
time to time.
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You may
surrender the registration of the Domain Name by notice in
writing to us at any time prior to issue of an invoice and
on issue of the invoice for that Domain Name, such notice
being delivered by hand or sent by prepaid post, by fax or
email The notice will be effective: if delivered, on
delivery; if sent by fax or email, when the sender receives
confirmation of receipt; and if sent by post, on the fourth
day after posting. No other method of surrender is permitted
after issue of a invoice. Once the Domain Name and your
details have been entered in the Register of .au.com Domain
Names as a full registration no refund of fees will be
payable by us.
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We may
cancel the registration or suspend the delegation of a
Domain Name in any circumstance permitted by this agreement,
by notice in writing to you or the agent. In addition, we
may do so where to maintain the registration would put us in
conflict with statutory obligations or the terms of a Court
Order, or where the registration or use of the Domain Name
conflicts with our Rules for the .au.com Sub-Domains in
force from time to time.
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NetRegistry
does not accept any responsibility for the use of any Domain
Name on the Register of .au.com Domain Names and in
particular for any conflict with trade marks, registered or
unregistered, or with rights to names in other contexts. An
invoice is not intended to be evidence of ownership of the
name used as a Domain Name.
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You warrant
that neither the registration of the Domain Name nor the
manner in which the Domain Name is directly or indirectly
used infringes or will infringe the legal rights of a third
party. Our remedies under this warranty will continue to be
available after completion of the registration process and
notwithstanding any subsequent surrender, cancellation or
transfer of the registration of the Domain Name.
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The
Register of .au.com Domain Names will include the names of
you and the Administrative Contact and other details
relating to them. You hereby permit us to allow other
organisations and members of the public to access the data
for the purpose of obtaining information about the
registration of the Domain Name or any other related
purpose.
RULES FOR
THE AU.COM SUB-DOMAINS
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PROCESS
DETAIL The au.com domain is for the registration of names
relating to commercial enterprises. No limitation is placed
on the number of names that may be applied for or the use
for which they are being put to subject to any request
meeting the rules as applying at the time when the request
is made. SYNTAX rules for domain name requests. [These rules
apply at the top level of delegation only: e.g. the xxx in
xxx.au.com, xxx.name.au.com, and so on, but not within a
delegated domain.]
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MANDATORY
RULES The rules as specified in the document Rules for the .au.com
sub-domains shall apply in full. Where two applications are
for the same name then the one which is received first shall
have prior claim.
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RECORDS A
record will be created in our database from which NS records
will be generated and loaded into the primary nameservers
for the zone.
DISPUTE
RESOLUTION SERVICE FOR REGISTRATION OF SUB-DOMAINS UNDER AU.COM
NetRegistry
Dispute Resolution Service
On learning of
a dispute about an Internet Domain Name registered under a
sub-domain of au.com, between the organisation or individual and
another laying claim to a stronger right to register it,
NetRegistry will assist the parties by providing the following
services:
Investigation
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NetRegistry
will seek to establish whether a mutually acceptable
resolution to the dispute can be found by the impartial
intervention of Senior Executive staff of NetRegistry.
Formal
action under the rules
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Under the
rules for the .au.com sub-domains, NetRegistry may suspend
or terminate delegation of an Internet Domain Name in
certain circumstances (as NetRegistry may determine. The
dispute that arises most frequently is where it is drawn to
NetRegistry attention by a third party that in their view a
Domain Name is being used in a manner likely to cause
confusion to Internet users. There are other more objective
circumstances which may lead to suspension, including where
it is drawn to NetRegistry attention that a Domain Name is
administered in a way likely to endanger operation of the
DNS.
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If
investigation does not lead to a mutually acceptable
resolution of the dispute, NetRegistry will consider the
evidence assembled during the investigation to determine
whether the delegation of the Domain Name should be
suspended.
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If any
party affected is dissatisfied with NetRegistry decision to
suspend or terminate (or not to suspend or terminate)
delegation of a Domain Name, NetRegistry will, at that
party's request, refer the suspension to an independent
expert for a written recommendation that NetRegistry should
confirm or revoke its decision. Fees and expenses are borne
by that party.
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The expert
will be sent copies of all letters, faxes, email and notes,
together with a short statement by NetRegistry, confirming
the background, timing and implementation of its decision.
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The
interested parties will be informed by NetRegistry of the
referral to the expert and provided with copies of relevant
documents. The expert will invite the parties affected by
the suspension, or failure to suspend, to make one written
submission, within 14 days, of his or her receipt of all the
documents referred to in paragraph 4.
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Neither
party will have the right to call for a hearing before the
expert at which witnesses would be examined. The expert may
invite the parties to appear before him or her.
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The expert
will issue his or her written recommendation to NetRegistry
with reasons, with copies to any other party, no later than
one month after receipt of the documents referred to in
paragraph 5 above from NetRegistry.
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Immediately
on receipt of the expert's recommendation, NetRegistry will
reconsider its earlier decision to suspend, or not to
suspend, the delegation of the Domain Name. A final decision
will be made and confirmed to all interested parties.
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If either
party is dissatisfied with NetRegistry final decision on
suspension of delegation of the Domain Name, NetRegistry
will inform the parties of the NetRegistry Alternative
Dispute Resolution Service, administered by the Australian
Commercial Disputes Centre and forward to them details of
the service. If one of the parties refuses to enter into a
mediation agreement (or mediation does not resolve the
dispute), the dissatisfied party will remain in a position
to seek advice from its lawyers about pursuing its case by
litigation in the courts or (with the agreement of the other
party) in arbitration.
The
NetRegistry Alternative Dispute Resolution Service
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NetRegistry
ADR is a form of mediation whereby parties to a dispute
agree with a neutral third party intermediary to assist them
to reach a negotiated settlement agreement. Mediation fees
and expenses are borne by the parties. The process aims to
avoid the delay, expense and confrontation associated with
litigation and arbitration. Parties invoking the NetRegistry
ADR Service do not have to pay a membership or arrangement
fee to the Australian Commercial Disputes Centre. Mediation
fees will be quoted, on request, by the Australian
Commercial Disputes Centre help desk (tel. +61 2 9267 1000,
fax +61 2 9267 3125).
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Mediation
(sometimes described as conciliation) is non-binding in that
there is no commitment to settle and the mediator has no
power to impose a solution. However, when an agreement is
reached it may be documented and signed by the parties. This
will create an enforceable contract at the option of the
parties, which can be used in Court. Australian Commercial
Disputes Centre is an independent non-profit making body.
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