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Connect West is a leading Domain registrar, with over ten (10) years experience as the registrar of asn.au domains. As a result of the exciting changes to the domain name space in Australia, we are now pleased to be able to offer registration services for the .com.au, .net.au, .org.au, .asn.au and .id.au name spaces. To check whether a domain is available, simply enter your desired domain name in the form below. Our parent company, iiNet Limited will assist you in completing the registration process.
 
 

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Terms and Conditions

Contents

  1. Definitions
  2. auDA and Registrar's Agency
  3. Registration of Domain Names
  4. Consent to Use Registrant Information
  5. Change of Registrars
  6. Registrar's Other Obligations
  7. Registrant's Other Obligations
  8. auDA Published Policy
  9. Complaints Handling Procedure
  10. Registrant Warranties
  11. auDA's Liabilities and Indemnity
  12. Registry Operator’s liability and indemnity
  13. WHOIS Privacy Policy

1. Definitions

In this document unless expressed or implied to the contrary:

2LD means a .au (dot au) second level domain, that is, a name at the second level of the .au domain name hierarchy (for example, com.au).

Agreement means the agreement between the Registrar and the Registrant recorded in this document.

auDA means .au Domain Administration Limited ACN 079 009 340, the regulatory body responsible for administering the .au ccTLD and its associated sub-domains.

Australian Privacy Principles has the same meaning as in the Privacy Act 1988 (Cth).

Business Day means Monday to Friday excluding public holidays in Perth, Australia.

Centralised WHOIS Service means the WHOIS Service of all 2LDs which are made available to the public by auDA.

Code of Practice means an industry code of practice, the development of which will be facilitated by auDA, which together with the Published Policies, regulates or will regulate the practices of participants in the domain names industry towards other participants in the industry, or towards consumers in the industry.

Confidential Information means all information and materials about the other party or a third party, in any form, which comes into a party’s possession pursuant to, or as a result of or in performance of this document, excluding the information:

  (a) which at the time of its first disclosure under this document was in the public domain; or
  (b) which, after disclosure under this document, comes into the public domain otherwise than by disclosure in breach of this document; or
  (c) which is received by either party from a third party who has the right to provide the information and which is not itself subject to confidentiality; or
  (d) which was already in the party’s possession or knowledge without restriction prior to its disclosure; or
  (e) which the party is required by law to disclose.

Domain Name means a domain name in the designated 2LD.

Domain Name Application means an application by a Registrant for a Domain Name Licence, or the renewal of an existing Domain Name Licence.

Domain Name Licence means the licence to use a Domain Name for a specified period of time, as evidenced by a certificate of registration issued by the Registrar to the Registrant.

Fees means the fees collected from the registrant on behalf of Connect West by our resellers

Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyrights, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au, as the self-regulatory body responsible for the administration of the .au ccTLD, in accordance with its constitution. Published Policies includes the Registrar Rules set out in a document titled “".au Domain Administration Rules – Registrar" and the Licensing Rules set out in a document titled ".au Domain Administration Rules – Licensing", as amended from time to time)

Registrant means a holder of, or an applicant for, a Domain Name Licence, and includes its agent.

Registrant Agreement means the agreement to be entered into, or renewed, between the Registrar and a Registrant in relation to an approved Domain Name.

Registrant Data means the data submitted by the Registrar to the Registry.

Registrar means Connect West Pty. Ltd.

Registrar Services means the provision of the services set out in this document in respect of the Designated 2LD, consisting of the following services:

  (a) to apply to the Registry to register a Domain Name on behalf of a Registrant;
  (b) to provide all associated services to such Registrants, including services relating to the maintenance, transfer, modification, renewal and cancellation of a Domain Name or Domain Name Licence; and
  (c) to provide services otherwise required by the Published Policies.

Registry means a database consisting of primary and secondary nameservers and WHOIS servers, containing the Registry Data and a mechanism for accessing that data, in relation to the designated 2LD.

Registry Data means all data maintained in electronic form in the Registry, including without limitation:

  (a) Zone File data;
  (b) Registrant contact information;
  (c) technical and administrative contact information;
  (d) all other data submitted by registrars in electronic form; and
  (e) other data concerning particular registrations or nameservers maintained in electronic form in the Registry database.


Registry Operator means the operator of the Registry.

Reseller means a person appointed by the Registrar to sell domain name services and provide customer services to Registrants on behalf of the Registrar.

Reseller Licence means any contract, arrangement or understanding between the Registrar and a Reseller in relation to the Reseller acting as agent for the Registrar.

Term means the period during which this agreement has effect as mandated by the Registrar’s agreement with auDA and subject to the conditions contained therein.

WHOIS Service means the protocol used to provide a public information service in relation to data in a registry.

Zone File means a file that contains the mapping between each domain name in the Designated 2LD and the Internet addresses of computers that can resolve sub-domains of the domain name to physical Internet addresses.

 


2. auDA and Registrar's Agency

  2.1 In this agreement, auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
  2.2 The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
  2.3 Solely to the extent this Agreement purports to grant a right or benefit to auDA (who is not a contracting party to this Agreement), if that right or benefit is also granted to the Registrar, then the Registrar may (whether on behalf of auDA and/or in its own capacity) enforce the obligation corresponding to the auDA's right, for auDA's benefit. For the purposes of such enforcement, the obligation corresponding to auDA's right or benefit is taken to be owed to auDA.

3. Registration of Domain Names

  3.1 A Domain Name Application must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
  3.2 The Registrar and the Registrant do not have any proprietary right arising from:
    3.2.1 the registered Domain Name; or
    3.2.2 the entry of a Domain Name in the Registry Database
  3.3 All personal information pertaining to the Registrant is held by auDA for the benefit of the Australian public.

 


4. Consent to Use Registrant Information

The Registrant grants to:

  4.1 auDA, the right to publicly disclose to third parties, all information relating to the registered Domain Names in accordance with the Published Policies which are available on auDA's website http://www.auda.org.au ;
  4.2 the Registrar, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the Registry; and
  4.3 the Registry Operator,
    4.3.1 the right to publicly disclose to third parties, all information relating to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, and comply with the Australian Privacy Principles and auDA’s Published Policies
    4.3.2 Its consent to the use , copying, distribution, publication, modification and other processing of the Registrant's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified in this Agreement, including in relation to the handling of personal data;

 


5. Change of Registrars

  5.1 The Registrar must ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies. The Published Policies include, but are not limited to, such matters as:
    5.1.1 the maximum fees chargeable by the Registrar;
    5.1.2 when fees are not chargeable by the Registrar;
    5.1.3 the conditions pursuant to which the Registrar must transfer; and
    5.1.4 the conditions pursuant to which the Registrar does not have to transfer.
  5.2 In the event that:
    5.2.1 the Registrar is no longer a registrar; or
    5.2.2 the Registrar's auDA Accreditation is suspended or terminated; or
    5.2.3 the Registrar Agreement is terminated by auDA,
    the Registrant is responsible for transferring the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of written notice being provided to the Registrant by auDA.
  5.3 In the event that the Registrar Agreement between auDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar.

 


6. Registrar's Other Obligations

  6.1 The Registrar will immediately give written notice to the Registrant if:
    6.1.1 the Registrar is no longer a registrar; or
    6.1.2 the Registrar's auDA Accreditation is suspended or terminated; or
    6.1.3 the Registrar Agreement is terminated by auDA.
  6.2 auDA may post notice of:
    6.2.1 the fact that the Registrar is no longer a registrar;
    6.2.2 the suspension or termination of a Registrar's auDA Accreditation; or
    6.2.3 the termination of the Registrar Agreement between auDA and the Registrar
    on its web site and may, if it considers appropriate, give such notice to the Registrant.
  6.3 Service Levels. Our normal hours of operation are 9:00am to 5:30pm Monday to Friday (AEST) excluding public holidays. The registrar will respond to all email and faxed requests within 2 business days. As a general guideline, we do not provide telephone support.

 


7. Registrant's Other Obligations

  7.1 Throughout the Term of the Registrant Agreement, the Registrant must:
    7.1.1 comply with the Published Policies;
    7.1.2 Immediately correct and update, and give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data
  7.2 The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
    7.2.1 register a Domain Name for the purpose of selling it;
    7.2.2 register a Domain Name for the purpose of diverting trade from another business or web site;
    7.2.3 deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
    7.2.4 register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.
  7.3 The Registrant must not in any way:
    7.3.1 transfer or purport to transfer a proprietary right in any domain name registration;
    7.3.2 grant or purport to grant a registered domain name as security; or
    7.3.3 encumber or purport to encumber a domain name registration.

 


8. auDA Published Policy

  8.1 In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
  8.2 Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
  8.3 Registrant acknowledges that under the auDA Published Policies:
8.3.1 there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
8.3.2 Registrant is bound by, and must submit to, the .au Dispute Resolution Policy and that the Registry Operator has no liability of any kind for any loss or liability resulting from the proceedings and processes and results of any dispute resolution process regarding a registration; and
8.3.3 auDA may delete or cancel the registration of a .au licence.

 



9. Complaints Handling Procedure

  9.1 If the Registrant wishes to make a complaint about the Registrar, their services or any associated matter, the Registrant may contact the Registrar by email, letter, facsimile, or by using the online support query form at our "Contact Us" page. Wherever possible, complaints will be dealt with promptly, and the Registrant will receive a response within 5 business days.
  9.2 If the Registrant is dissatisfied with the outcome of their complaint, the Registrant may choose to escalate the complaint internally by requesting that a Manager deal with the issue. A response to an escalated complaint will be made within 5 business days.
  9.3 Consumer information regarding lodging of a formal complaint with the Registrar can be found at auDA.

 


10. Registrant Warranties
The registrant makes, and is taken to have made, the following warranties, when applying to register or renewal the registration of a domain name:

  10.1 All information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;
  10.2 The registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA's published policies for the domain name for the duration of the domain name licence;
  10.3 The registrant has not previously submitted an application to apply for the same domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;
  10.4 The registrant is aware that even if the domain name is accepted for registration, the registrant's entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name;
  10.5 The registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.
  10.6 The Registrant further acknowledges and agrees to the Registry Operator taking any action (including to deny, cancel or transfer any registration or transaction, or place any domain name(s) on Registry lock, hold or similar status) that it deems necessary, in its discretion to:
10.6.1 protect the integrity and stability of the Registry Services;
10.6.2 comply with a direction from or requirement of auDA; or
10.6.3 comply with a lawful direction imposed on Registry Operator under Australian legislation, or to comply with .au Dispute Resolution Policy.

 


11. auDA's liabilities and indemnity

  11.1 To the fullest extent permitted by law, auDA will not be liable to Registrant for any Consequential Loss or damage suffered by Registrant arising from, as a result of, or otherwise in connection with, any wrongful or negligent act or omission whatsoever of auDA, its officers, employees, agents or contractors, sub-contractors and professional advisers.
  11.2 For the purposes of clause 11.1, "Consequential Loss" means any indirect, incidental, special or consequential loss or damage, pure economic loss damages and exemplary or punitive damages, including loss or damage in relation to loss of use, loss of production, loss of revenue, loss of profits or anticipated profits, loss of business, loss of business opportunity, loss of contract, loss of reputation or opportunity, business interruptions of any nature, loss of data, data corruption rectification costs or loss or damage resulting from wasted management time
  11.3 Registrant indemnifies each of auDA and its officers, employees, or agents against any liability, loss, damage, charge, expense, outgoing or cost arising out of, and in connection with, Registrant's registration or use of its .au licence.
  11.4 Nothing in this document is intended to exclude any of the Registrant’s rights under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010

 


12. Registry Operator’s liability and indemnity

The Registrant indemnifies, defends and holds harmless the Registry Operator and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant's domain name registration. This indemnification obligation survives the termination or expiration of the agreement.

 


13. WHOIS Privacy Policy

The purpose of a WHOIS policy is to clarify the rights of registrants, under Australian law, as well as the interests of law enforcement agencies in accessing information about domain names for consumer protection and other public interest purposes. It also includes iiNet.s policy on the collection, disclosure and use of WHOIS data.

For more information please visit:
www.auda.org.au/whois/

© Maddocks, and .au Domain Administration Limited 2008. Used with permission.

 


 

 

 



 
 
 
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