18.1.1 Application of these Terms in respect of representations
18.2.2 Process of claiming refund
18.3 Suspension & cancellation
18.4.1 Indemnity and Liability
18.4.2 Registration Information
18.7 Domain name registration period
18.14 Domain name cancellation
18.17 Releases and indemnities
18.17.1 Limitation on liabilities
18.19.1 gTLD License registrar transfer
18.19.2 gTLD License dispute resolution policy
18.19.3 gTLD ICANN Registrant Educational Information
18.18.1 .au Domain name license registration
18.18.2 .au Domain name license
18.18.3 Your statement to us and auDA
18.18.4 Our obligations to you
18.18.5 Your obligations to us
18.18.6 Use of your information
18.18.8 .au Domain name license registrar transfer
18.18.9 Limitation of liabilities
18.22.1 .nz Domain name license registration
18.22.2 .nz Domain name license registrar transfer
18.22.4 Your obligations to us and DNC
18.22.5 Register is the record
18.22.7 Suspension and refusal to supply services
18.22.8 Cancellation of a domain name
18.22.9 Exclusion of liability
18.22.10 Limitation of liability
18.22.11 Law and jurisdiction applying to this agreement
18.22.12 Cancelling the agreement
18.22.14 Each clause separately binding
18.22.15 Rights and responsibilities that continue
18.23.1 .uk Domain name license registration
18.23.2 .uk Domain name license registrar transfer
18.23.3 .uk Domain name license renewal
18.23.4 .uk Domain name license Automatic Renewal Service Agreement
18.24.1 .info Domain Name Licence Terms
18.25.1 Domain Name Licence Terms
18.26.3 Provision of Registration Data
18.27.1 .asia Domain Name Licence Terms
18.28.1 .tel Domain Name Licence Terms
18.29.1 .cn Domain Name Licence Terms
18 Domain Names
This entire clause 18 relates to the Domain Name Product. For this clause, the following terms shall be defined as follows:
Registrant | The current licensee of a domain name. |
.auDA | .au Domain Administration Limited ACN 079009340. |
.auDA policy | Any policy listed by auDA. http://www.auda.org.au/ |
Domain name license | A license for the use of a particular domain name. |
Domain name license terms | The terms and conditions which apply to a domain license. |
gTLD | Generic Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz. |
New gTLD | New generic Top Level Domain. Any new to the market domain that the Registrar is accredited to sell. |
ICANN | Internet Corporation for Assigned Names and Numbers. |
Member | A person who registers with us as a member and is provided with a member ID. |
Published Policies | The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/ |
Registrar | Entity responsible for the provision of domain name licenses. |
Registrar of record | Entity by which a specific domain name is licensed through. |
Registration fee | Current charge in respect of a domain name license. |
Registration period | The period that a domain name license lasts for. |
Registry operator or Registry | The entity which issues domain name licenses and maintains their respective records. |
Renewal fee | Current charge in respect of renewing a domain name license. |
Registrant Transfer | The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership. |
Registrar Transfer | The transfer of a domain name license from one registrar to another. |
Nominet | Domain name administration body for .uk domain names (Nominet UK - Company Number 3203859). |
DNC | Domain Name Commission Limited. |
NZRS | New Zealand Domain Name Registry Limited. |
18.1 Representations by us
We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control. We are a re-seller of the domain name Registrar. We provide End User's with access to the Registrar services. The domain name Registrar's obligations include:
- The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies;
- Carrying out limited functions on behalf of the registry operators;
- Serving as a registrar of record;
- Provision of online facilities for the management of domain names; and
- Provision of other, related services.
This document contains the terms and conditions that apply between you, us and the services provided by the Registrar. BY SUBMITTING AN APPLICATION FOR A DOMAIN NAME LICENCE, OR BY RENEWING OR TRANSFERRING A DOMAIN NAME LICENCE TO US, YOU ARE ACKNOWLEDGING AND REPRESENTING THAT YOU HAVE READ THIS AGREEMENT, INCLUDING CLAUSE 18 OF THIS AGREEMENT, AND THAT YOU HAVE IDENTIFIED THE RELEVANT REGISTRY, AS WELL AS ANY REGISTRY POLICIES THAT APPLY TO THE TLD THAT YOU ARE REQUESTING. A LIST OF REGISTRIES AND WHERE TO FIND THEIR POLICIES CAN BE FOUND HERE. The Registries however may change their policies and where they are found at any point of time, and therefore we cannot guarantee that the list we provide is up-to-date, accurate or complete. For so long as the registrar remains the registrar of record for a domain name there is a service agreement between them and its registrant on these terms and those imposed by the registry operators and their governing bodies.
18.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
- You can only expect Services in accordance with the terms of this Agreement;
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement; and
- Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.
18.2 Refunds
18.2.1 Agreement
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilised to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credits for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs;
- We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is often sold at cost price from Forecast IT;
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if it is outside the 72 hour rejection period and we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit over-payments will either be returned via full account credit or transaction reversal minus surcharge;
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
18.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this time-frame. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 18.2.1 of this Agreement. Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
18.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service(s) if:
- You have any outstanding invoice or account;
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination;
- You fail to comply with any provision in this agreement or those referenced in this agreement;
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights;
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers; or
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 18.2. If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately;
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation;
- We may immediately delete all data held prior to cancellation; and
- We may perform any action without notice.
18.4 Registry requirements
Most registry operators have terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses. As noted in clause 18.1 of this Agreement, you indicate to us that you acknowledge and agree that your domain name application, transfer or renewal is governed by, and is compliant with, the separate registry policies that relate to your requested domain name. A LIST OF REGISTRIES AND WHERE TO FIND THEIR POLICIES CAN BE FOUND HERE. Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately. You acknowledge and agree that we are unable to guarantee the list of registry policies provided in the above paragraph is up-to-date, accurate or complete. Some registry requirements are set out in this service agreement, others will be found online, or through the link provided above. A registry operator may have or introduce new ones. You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement. You apply for, and accept, registration for any domain name subject to all applicable nexus and other registry requirements from time to time. Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You release us from any claim arising from registry requirements or anything we do under them. We are unable to enforce registry requirements against third parties.
18.4.1 Indemnity and Liability
You acknowledge and agree to the extent permitted by the law, to indemnify, defend and hold harmless the relevant Registry, its parent company, subsidiaries, service providers, shareholders, and subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, your domain name registration. You acknowledge and agree that the Registry, Registrar, its subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder's Program, Premium domain or Auction processes, including, without limitation:
- our ability or inability to reserve a name in the Registry TLD through this process, and
- any dispute between any parties arising in connection with this process.
You agree that your obligations under this clause shall survive the termination or expiration of this Agreement.
18.4.2 Registration Information
You agree to provide accurate information for the Registered Name (including email address confirmed by return email or other method). You agree to immediately correct and update the registration information for the domain name during the registration term for the Registered Name, including Personal Data associated therewith.
18.4.3 Personal Data
The Registry shall handle, collect and use Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy, and for the purposes of providing Registry Services as defined in ICANN's Registry Agreement (including but not limited to publication of registration data in the directory services, also known as “WHOIS” or “RDDS”). The relevant Registry Agreement can be found at https://www.icann.org/resources/pages/registries/registries-agreements-en. The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis or other business purposes, provided that this use will not disclose individual personal data. This paragraph does not apply to publically available information. You acknowledge and agree to the use, copying, distribution, publication, modification and other processing of your Personal Data by the Registry and its designees and agents in a manner consistent with the purposes specified in the above paragraph, current ICANN policies, and with relevant mandatory local data protection, laws and privacy.
18.4.4 Right to Deny
You acknowledge and agree that the Registrar and the Registry reserves the right 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 protect the integrity and stability of the Internet or Registry;
- to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g. RFCs);
- to comply with any Applicable Laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
- to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
- for the non-payment of fees;
- per the terms of this Agreement or the Registry policies;
- to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement;
- to correct mistakes made by the Registry or any Registrar in connection with the domain name registration; or
- to protect the rights and property of the Registry and to avoid any potential or actual liability, civil or criminal, on part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders.
The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
18.4.5 Dispute Resolution
You submit to proceedings commenced under:
- ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/en/help/dndr/udrp/policy;
- ICANN's Uniform Rapid Suspension (URS) policy, available at http://www.icann.org/en/resources/registries/urs;
- The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp; and
- The Post-Delegation Dispute Resolution Procedure, available at https://newgtlds.icann.org/en/program-status/pddrp.
You also agree to comply with other dispute policies set forth by the Registry from time to time in the relevant Registry's Policies, including but not limited to processes for suspension of a domain name demanded by intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry. You must:
- Comply with the ICANN published policy with regards to any dispute.
- Release us of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.
18.4.6 Prohibited Use
You acknowledge that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaged in activity contrary to applicable law. The consequences for such activities may include the suspension of your domain name.
18.4.7 Launch Periods
You agree to be bound by the Registry's terms and conditions of the initial launch of the relevant TLD, if applicable, including without limitation the Sunrise period, Landrush period, the Sunrise Dispute Resolution Policy, or any other Launch policies.
18.5 Domain name application
In order to apply for a domain name license, you must:
- Complete our application form in full;
- Read and agree with our service agreement;
- Submit the appropriate registration fee; and
- Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.
Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability. Your application's success is fulfilled only if:
- Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department;
- Your application complies with the association requirements and policies of the applicable registry operator;
- The applicable registry operator approves your application and permits the issue of domain name license; and
- We have notified you in writing of the final approval of your application.
You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.
18.6 Domain name licensing
The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator. The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer (and so on) of a domain name license. A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control. Ownership of all copyright and database rights is kept by the registry operator. You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.
18.7 Domain name registration period
A domain name license has a fixed period once activated. Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.
18.8 Registration renewal
You may renew your domain name license in accordance with these terms and those of the relevant registry operator. You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties. You release us from any potential claim arising from your failure to renew a domain name license. We may elect to send notification of pending renewal as a courtesy, however:
- You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.
We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:
- sending an email to the registrant's email address; and/or
- sending a notice to the registrant's postal address as recorded in the WHOIS information for that domain name.
You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so. If you choose to renew your domain name license you shall:
- Agree to any fees required as directed;
- Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator; and
- Indicate the period for renewal from the available renewal periods as specified by us.
A renewal is only successful if:
- The renewal fee has been paid and honoured;
- Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator;
- The relevant registry operator approves the renewal request; and
- We have notified you in writing that your application for renewal has been approved.
The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.
18.9 Registration transfer
You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).
18.10 Registrant transfer
A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant). In order to successfully complete registrant transfer you must:
- Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator;
- Ensure that the transferor pays any outstanding fees owing to us;
- Pay any specified fee's relating to the process of a registrant change;
- Supply satisfactory documentation identifying both the transferor and transferee; and
- Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.
The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.
18.11 Registrar transfer in
You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.
18.12 Registrar transfer out
As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).
18.13 Privacy & WHOIS Service
When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator's policies and requirements. For .au domain registrations please see auDA's WHOIS policy at http://www.auda.org.au/policies/index-of-published-policies/2014/2014-07/ All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority.
18.14 Domain name cancellation
If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.
18.15 Back Order Service
The Back Order service is supplied with the intention to monitor your back ordered domain name, and register the back ordered domain name on your behalf upon it becoming available through the respective registry. The domain will only become available if it is no longer registered - either because the previous registration has expired without renewal, or the domain name was deleted. All Back Order applications are subject to the full terms and conditions contained within this document. You acknowledge that notwithstanding any term or representation to the contrary, the Back Order service cannot be supplied in relation to domain names which are identified as unsuitable by any applicable Registry or Registrar (such as Premium Domain names which are exempt from the Back Order service). If a Back Order application is processed in relation to any domain name which is subsequently identified as unsuitable by any applicable Registry or Registrar for whatsoever reason, you irrevocably agree that such processed application may be deleted and refunded. Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to these terms (or the terms contained within this entire document). It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order. Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name. Cancellation - A Back Order can be cancelled at any time however no refund or account credit for funds paid, either in full or pro rata shall be given where the service supplied to you is functioning. By placing a Back Order application you agree to:
- Indemnify and refrain from holding us responsible or liable in any way whatsoever if we are unable to register your Back Order application and specified domain name; and
- Abide by all terms, conditions, process and policies described within our full Service Agreement
Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation where several Back Order applications have been made for the same domain name.
18.16 Domain Pre-Registration
The Domain Pre-Registration service is available to register your intent to register a domain name. The domain will only become available once the TLD is available from Forecast IT. We do not guarantee registration of your domain name at any stage of the pre-registration. Once the TLD becomes available from Forecast IT you will be contacted via email regarding pricing and registration terms. Once you domain is available for registration, registrations will be placed on a first come, first serve basis. Other clients of ours may place pre-registrations for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing pre-registration for the specified domain name. You understand other companies may have the same domain name on backorder in which case the domain may be taken. You understand we will try and get this domain name but there is no guarantee the domain will be available. You understand we cannot guarantee if and when your domain will become available. Once the TLD becomes available in the future we will notify you via email. Upon pre-registering a domain name you agree to comply with all of the associated registry rules and conditions once your domain is purchased. Cancellation - A pre-registration can be cancelled at any time. Pre-registration is a free service so no refunds or account credit will be issued.
18.17 Releases and indemnities
This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators' policies and agreements. You indemnify us against any dispute between you and any third party with respect to any service offered by us. You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.
18.17.1 Limitation on liabilities
This agreement does not exclude some laws. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;
- We exclude all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition").
- The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, in respect to providing any amount of account credit, refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement).
- We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us.
- You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
- You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.
You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.
18.17.2 Registrant Authority
We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person. You release use from any claim arising from action affected with relation to this clause.
18.18 Domain redemption
Upon expiry of a domain name, the registrant is able to renew the domain within 30 days of expiry, stopping it from deleting any DNS records. In the event the domain name is not renewed within 30 days, the domain may be stored for a Redemption period by the domain name registry. A registry may store a domain name for a 30 day Redemption period. In order to recover a domain name during the Redemption period, registrants must apply to Forecast IT to have the domain name reinstated at least 7 days prior to the end of the Redemption period. Upon expiry of the Redemption period domain names enter a PENDING DELETE phase for 5 days where they cannot be recovered by registrants or registrars. The domain name is then deleted and made available for re-registration. Application to renew a domain name during the Redemption period incurs a fee (Currently $140 USD) which is collected by Forecast IT on behalf of the registry. This fee includes the first year renewal of the domain name. Some registries do not have a Redemption period. To enquire whether a Redemption period applies contact Forecast IT. For more information on the life cycle of a domain name, see http://www.icann.org/en/resources/registrars/gtld-lifecycle
18.19 gTLD Specific terms
The following clause (18.19) applies specifically to gTLDs. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for gTLD domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.19.1 gTLD License registrar transfer
Registrar transfer of a gTLD domain name license are subject to the following:
- You may not effect a registrar transfer within 60 days of license registration.
- You may not effect a registrar transfer within 60 days of previous registrar transfer.
- The published policies as provided by the ICANN.
It is a process requirement that you provide an 'authinfo' code in order to effect a registrar transfer. Upon your request a domain's authinfo code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer. We reserve the right to deny application for a transfer out for any of the following reasons:
- Evidence of fraud.
- UDRP action or any other dispute.
- Court order by a court of competent jurisdiction.
- Non payment for previous.
- If the domain is in 'lock status' on application for transfer.
- The domain name license is expired.
- Any other reason which we deem sufficient.
We reserve the right to place a 'lock' on the domain name license which may result in denial of registrar transfer. We must receive a request from the registrant or authorised party (subject to satisfactory identification requirements) to unlock the domain name license.
18.19.2 gTLD License dispute resolution policy
All gTLD disputes are subject to ICANNs published DRP Policy, you acknowledge that provision of a domain name license is subject to this and any other published policy. You must:
- Comply with the published policy with regards to any dispute.
- Release us of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.
18.19.3 gTLD ICANN Registrant Educational Information
ICANN has developed and shall maintain a portal which provides Educational Information to gTLD domain registrants in a clear and informative format. It is recommended that you read and study this information so that you can maintain a firm understanding of your interaction with gTLD domain names. ICANN's Registrant Educational Information can be accessed here -http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
18.20 .mobi Specific Terms
You acknowledge and agree that the Registry Operator must comply with the requirements, standards, policies, procedures and practices set forth in the .mobi Style Guide ("Style Guide") available at http://www.mtld.mobi and consent to the monitoring of the website as described in the .mobi Style Guide monitoring guidelines available at http://www.mtld.mobi for compliance with the Style Guide. Furthermore, You acknowledge and agree that this Style Guide is subject to modification by the Registry Operator with any such changes appearing at the previously designated URL, and that You must promptly comply with any such changes in the time allotted. Acknowledge that if the domain name being registered is a dotMobi Premium Name, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement), which is incorporated by reference herein. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .mobi domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.18 .au Specific terms
The following clause (18.18) applies specifically to .au domain names. .au domain names are governed by auDA. The following policies and procedures apply to all .au domain name registrations. Further information can be found on auDA's website 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. We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by Web Address Registration Pty Ltd who is independently run beyond our control. Forecast IT is a reseller of Web Address Registration Pty Ltd domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.18.1 .au Domain name license registration
Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies. You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks. You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry. All personal information pertaining to you are held by auDA for the benefit of the Australian public.
18.18.2 .au Domain name license
Your Domain Name license will be effective for a two year period, once:
- Your application is accepted and approved by us and by the Registry Operator.
- You have paid the applicable fees.
- Unless it is cancelled earlier under the terms of this document or under any Published Policies.
Your Domain Name license may be renewed every two years, as long as you:
- Pay the applicable renewal fees.
- Continue to meet the eligibility criteria prescribed in the Published Policies.
You accept that it is your responsibility to ensure that your Domain Name license is renewed. You may cancel your Domain Name license at any time by notifying us in writing. We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund or account credit.
18.18.3 Your statement to us and auDA
You confirm and state to us, Web Address Registration Pty Ltd and to auDA separately that:
- All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
- You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
- You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
- You are relying upon the same eligibility criteria for both domain names.
- The Domain Name has previously been rejected by the other registrar
- Your registration or use of the Domain Name does not infringe any person's legal rights.
- You are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we, Web Address Registration Pty Ltd or auDA may cancel your Domain Name license. You agree to indemnify us, Web Address Registration Pty Ltd and auDA separately for any loss or damage suffered by us, Web Address Registration Pty Ltd or auDA as a result of any of us relying upon your above statements.
18.18.4 Our obligations to you
Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry. We will give you immediate notice if:
- Web Address Registration Pty Ltd is no longer an accredited registrar.
- Web Address Registration Pty Ltd's auDA Accreditation is suspended or terminated.
- Web Address Registration Pty Ltd's registrar agreement with auDA is terminated by auDA.
auDA may post notice of:
- The fact that Web Address Registration Pty Ltd are no longer an accredited registrar.
- The suspension or termination of Web Address Registration Pty Ltd's auDA Accreditation.
- The termination of Web Address Registration Pty Ltd's registrar agreement with auDA.
On its web site, and may, if it considers appropriate, give such notice to you directly.
18.18.5 Your obligations to us
You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy. You acknowledge that under the Published Policy:
- There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document.
- You are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP).
- auDA may delete or cancel the registration of a .au domain name.
Throughout the period of your Domain Name license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
18.18.6 Use of your information
You give to:
- auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies.
- Us and Web Address Registration Pty Ltd 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 domain names registry.
- The Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
18.18.7 Dispute resolution
auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name license holder, or between a domain name license holder and a third party, in relation to entitlements to domain names. The auDRP binds you and us severally as if it were incorporated in this document. You accept that:
- auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us.
- Such policies bind you and us severally as if they were incorporated in this document.
To make a complaint or find more information about dispute resolution with auDA you can visit this link: http://auda.zendesk.com
18.18.8 .au Domain name license registrar transfer
We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
- The maximum fees which we can charge you for such transfer.
- When we are not allowed to charge you fees.
- The conditions under which we must transfer the registered Domain Name.
- The conditions under which we are entitled not to transfer the registered the Domain Name.
If:
- Web Address Registration Pty Ltd is no longer an accredited registrar.
- Web Address Registration Pty Ltd's auDA Accreditation is suspended or terminated.
- Web Address Registration Pty Ltd's registrar agreement with auDA is terminated by auDA.
Then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA. If Web Address Registration Pty Ltd's registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.
18.18.9 Limitation of liabilities
You cannot pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Web Address Registration Pty Ltd's registrar agreement with auDA. You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name. You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate Web Address Registration Pty Ltd's registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement with Web Address Registration Pty Ltd. You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person. Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors. Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.
18.18.10 Our agency
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.
18.18.11 General
In this document:
- A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties.
- A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form.
- Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document.
- Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect. If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable. This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. The Agreement between the Registrar and auDA (also binding the Reseller) is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.
18.22 .nz Specific terms
The following clause (18.22) applies specifically to .nz domain names. In the event of any inconsistency between the specific .nz policies in this Agreement and any other general terms provided in the Standard Policies and Agreements, the specific .nz policies of this Agreement shall prevail in respect of such inconsistency
18.22.1 .nz Domain name license registration
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
- That the following information becomes available to any member of the public:
- Your name,
- Your contact details and
- The domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
- The domain name is registered in your name only because no other person has it according to the records of the register; and
- Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
- That you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
Forecast IT do not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .nz domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. Forecast IT FZ-LLC 's obligations as registrar include:
- The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
- Carrying out limited functions on behalf of the registry operators
- Serving as a registrar of record
- Provision of online facilities for the management of domain names
- Provision of other, related services
This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.22.2 .nz Domain name license registrar transfer
Registrar transfer of a .nz domain name license are subject to the following:
- You may not effect a registrar transfer within 5 calendar days of license registration.
- The published policies as provided by the DNC.
It is a process requirement that you provide an 'UDAI' code in order to effect a registrar transfer. Upon your request a domain's UDAI code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer.
18.22.3 Our obligations
We agree that we will:
- Comply with all .nz policies and accurately represent these to you;
- Disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
- Comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
- Process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours or within 48 hours outside of advertised business hours;
- Notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
- Arrange for correction of any error in the information in the register about any domain name registered to you when requested;
- Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
- Use your personal information only as authorised by you;
- Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
- Comply with any order of any authority having jurisdiction regarding any domain name registered to you;
- Use our best endeavours to deal with any complaints you may have about the services we provide for you.
18.22.4 Your obligations to us and DNC
You agree that you will:
- Comply with the .nz policies. You agree that you have read and understood the current policies;
- Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
- Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
- Satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- Ensure that you only use our services for a lawful purpose;
- Ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you, and
- Make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
18.22.5 Register is the record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
18.22.6 Payment of fees
You agree to pay for the services we provide to you. If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer. We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect. Our usual fees are for domain name license registration and renewal. We may also charge for any other services provided by us. We will tell you before any additional charge is incurred. Our prices are stated in the currency indicated and include all applicable taxes.
18.22.7 Suspension and refusal to supply services
If you do not pay our charges for a domain name registered to you we may:
- Cancel registration of that domain name; or
- Refuse to provide a service you request.
18.22.8 Cancellation of a domain name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen (14) days notice before we initiate action to cancel that domain name.
18.22.9 Exclusion of liability
We exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by us to perform its obligations under this agreement or any negligent acts of us) we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
- InternetNZ, the registry and any other entity we are in any business relationship with;
- Every officer, employee, contractor, agent of us;
- Anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything that we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
18.22.10 Limitation of liability
We have excluded all other liability we or any of the persons specified in clause 20.22.9 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 18.18.9 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the Services we provide for you (together) is the amount of the last month's fee paid by you under this Agreement.
18.22.11 Law and jurisdiction applying to this agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this Agreement is cancelled except to the extent clause 20.22.15 says otherwise. To the extent legally permitted:
- All our services are provided under New Zealand law.
- Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
- Except as otherwise stated, you may take action against us only in a New Zealand court.
- Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
18.22.12 Cancelling the agreement
We may cancel or suspend this Agreement by giving you one months notice if you do not meet your duties to us. We may end the agreement for any other reason by giving you one month's notice.
18.22.13 More than one person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you.
18.22.14 Each clause separately binding
Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
18.22.15 Rights and responsibilities that continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under this Agreement, and this clause 18.22.15.
18.23 .uk Specific terms
The following clause (18.23) applies specifically to .uk domain names.
18.23.1 .uk Domain name license registration
All .uk license applications are subject to the relevant polices and requirements Nominee and based on your agreement to such documents. By applying for registration of a .uk domain name license you agree to enter a separate contract with Nominee. Primary policies of note with relation to .uk registration:
- Terms - http://www.nic.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
- Rules - http://www.nic.uk/uk-domain-names/registering-uk-domain/choosing-domain-name/rules
- DRS Policy & Procedure - http://www.nic.uk/disputes/when-use-drs/policy-and-procedure
You warrant to us that you have accepted the terms, policies and agreements provided by Nominee. You release us of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy. Forecast IT FZ-LLC is the registrar for .uk domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.23.2 .uk Domain name license registrar transfer
Registrar transfer of a .uk domain name license are subject to the following:
- You may not effect a registrar transfer within 60 days of license registration
- You may not effect a registrar transfer within 60 days of previous registrar transfer
- The published policies as provided by the Nominee
Registrar transfer for .uk domain name licenses requires changing the registrar tag of the domain name. You must allow 5 days for this process to take place. We may charge a manual tag change fee of 10 GBP. We reserve the right to place a 'lock' on the domain name license which may result in denial of registrar transfer. We must receive a request from the registrant or authorised party (subject to satisfactory identification requirements) to unlock the domain name license.
18.23.3 .uk Domain name license renewal
You may renew your .uk domain name license in accordance with these terms and those of the Nominet. You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties. You release us from any potential claim arising from your failure to renew a domain name license. We will issue renewal reminder notices via the registered email address at intervals of 90, 60, 30, 15 , 10, 5, 3 and 2 days before the scheduled expiry. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional. You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so. If you choose to renew your domain name license you shall:
- Agree to any fees required as directed.
- Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
- Indicate the period for renewal from the available renewal periods as specified by us.
A renewal is only successful if:
- The renewal fee has been paid and honoured.
- Your renewal complies with the services agreement, policies and requirements of us and the relevant registry operator.
- The relevant registry operator approves the renewal request.
- We have notified you in writing that your application for renewal has been approved.
The period of your renewed domain name license is taken to commence from the date of expiry of your previous license. If your domain name license is not renewed prior to its expiry date, all services connected to that domain name license will cease full functionality. After expiry you will have up to 30 days in which you can renew the domain name and re-activate any services attached to it. After 30 days, the domain name license will be suspended and will enter a 60 day grace period called the Redemption Period. You may file for a Redemption of your domain name for $140 USD. This will renew and reactivate the domain name with the registry. Redemption must be filed at least 7 days ahead of the redemption period conclusion date.
18.23.4 .uk Domain name license Automatic Renewal Service Agreement
Your purchase includes an opt-in enrollment in our automatic renewal service. This keeps your domain name active by automatically charging the then-current renewal fees to your payment method on file just before they're set to expire, with no further action on your part. We will issue notification 9 days prior to auto renewal date to the email address on file advising of the impending auto-renewal and its respective conditions and terms. You may cancel this service at any time by turning off the auto-renewal feature in your Forecast IT Account Manager. Click 'Setup Auto Renewal' and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.
18.24 .info Specific Terms
The following clause (18.24) applies specifically to .info domain names.
18.24.1 .info Domain Name Licence Terms
Your application for a .info domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .info domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.25 .org Specific Terms
The following clause (18.25) applies specifically to .org domain names.
18.25.1 Domain Name Licence Terms
Your application for a .org domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .org domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.26 .biz Specific Terms
The following clause (18.26) applies specifically to .biz domain names. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .biz domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.26.1 .biz Restrictions
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or "commercial use" of that domain name.
18.26.2 .biz Certification
As a .biz domain name Registrant, you hereby certify to the
- The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.NeuStar.biz
- The domain name Registrant has the authority to enter into the registration agreement; and
- The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name. For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
- Using or intending to use the domain name exclusively for personal, non-commercial purposes; or
- Using or intending to use the domain name exclusively for the expression of non-commercial ideas (i.e., registering abcsucks.biz exclusively to criticise or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);
Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.
18.26.3 Provision of Registration Data
As part of the registration process, you are required to provide the registry administrator with certain information and to update this information to keep it current, complete and accurate. This information includes:
- your full name, postal address, e-mail address, voice telephone number, and fax number if available;
- the name of an authorised person for contact purposes in the case of a Registrant that is an organisation, association, or corporation;
- the IP addresses of the primary name server and any secondary name server(s) for the domain name;
- the corresponding names of those name servers;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
- any remark concerning the registered domain name that should appear in the Who is directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Who is directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.
You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Who is directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry administrator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
18.26.4 Dispute Resolution
If you reserved or registered a .biz domain name through the Registrar, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarise yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy, currently available at https://www.icann.org/resources/pages/help/dndr/udrp-en; and
- Restrictions Dispute Resolution Criteria and Rules, currently available at https://www.neustar.biz/services/domain-name-registry/restrictions-dispute-resolution-policy.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry administrator or registrar) over the registration or the use of a .biz domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry administrator. Registry administrator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
18.27 .asia Specific Terms
The following clause (18.27) applies specifically to .asia domain names.
18.27.1 .asia Domain Name Licence Terms
Your application for a .asia domain name license implies understanding and agreement to all policies held by us, the Registry Operator (DotAsia) and ICANN. Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry. Forecast IT do not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .asia domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.27.2 .asia Redemption
Upon the expiry of a domain name (Domain Object), the name is not immediately purged from the registry and available for registration. The following URL describes the general life cycle for a domain name http://www.icann.org/en/resources/registrars/gtld-lifecycle A domain may be recovered from redemption at any time during this 30 day period. A fee will apply in which the first year of renewal is included. This fee is collected by Forecast IT on behalf on the registry. Should a domain not be recovered from redemption is will be struck from the registry and released. Renewal Process:
- On expiry date, CLIENT HOLD status is added to the domain, stopping it from resolving any DNS records.
- Client is given 30 days past the expiry date to renew. Failure to renew will result in us cancelling the domain name from the registry, sending the domain name to REDEMPTION for 30 days. While in Redemption, the domain can be recovered (For a fee that we pay the registry).
- After 30 days in REDEMPTION, the domain name enters PENDING DELETE for 5 days (domain cannot be recovered from us at this time) before being deleted from the registry completely and being made available for re-registration. The chances of re-registering are very slim due to the domain name aftermarket/speculation on expired domains.
- The domain name will be deleted from the .com registry and will enter the REDEMPTION status then PENDING DELETE as per gTLD expiry cycle.http://www.icann.org/en/registrars/gtld-lifecycle.htm
18.28 .tel Specific Terms
The following clause (18.28) applies specifically to .tel domain names.
18.28.1 .tel Domain Name Licence Terms
Your application for a .tel domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc), TelNic and ICANN. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .tel domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.28.2 Dispute Resolution
All .tel registrations are subject to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.
18.29 .cn Specific Terms
The following clause (18.29) applies specifically to .cn domain names.
18.29.1 .cn Domain Name Licence Terms
Your application for a .cn domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc) and CNNIC, particularly but not limited to:
- China Internet Domain Name Regulations (currently at http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35734.htm)
- CNNIC Implementing Rules of Domain Name Registration (currently at http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35734.htm)
- CNNIC ccTLD Dispute Resolution Policy (currently at http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35737.htm)
- CNNIC ccTLD Dispute Resolution Policy Rules (currently at http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35740.htm)
Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry. .cn domain name licenses are intended for business and organisations, not for individual use. You may not use a .cn domain name license that is deemed by CNNIC to:
- Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
- Jeopardise national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
- Harm national honour and national interests of the PRC;
- Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
- Violate the PRC's religion policies or propagate cult and feudal superstition;
- Spread rumours, disturb public order or disrupt social stability of the PRC;
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and administrative regulations of the PRC.
Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .cn domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.
18.29.2 Dispute Resolution
If you reserved or registered a .cn domain name through the Registrar, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of CNNIC and Neulevel documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.
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