Hobbs Ministries Terms of Service
1.0 ACCEPTANCE OF TERMS
1.1 These Hobbs Ministries Terms of Service ("TOS") are between you ("You", "Your," or "Client") and These terms and conditions apply to
your use of all of the services owned or operated by Hobbs Ministries, a subsidiary of Training for Reigning Consulting Services, Inc., referred
to here as “Hobbs Ministries” ( and collectively "we," "us," or "our") and its affiliates and consists of the most recent versions of the terms and
conditions of the TOS.
1.2 Hobbs Ministries reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not
limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 3.
Regardless of whether Hobbs Ministries has provided You individual notice, Your continued use of the Service following Hobbs Ministries
notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes
to the Terms and ensure that any contact information You provide to Hobbs Ministries is updated and correct.
1.3 If You are registering a new domain name or using a previously registered domain name in conjunction with the Service, Your use of
the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the appropriate
Melbourne IT Domain Name Registration Agreement set forth below, which is an agreement between You and Melbourne IT, and not with
Hobbs Ministries.
1.4 SERVICES
1.5 This Service Agreement ("Agreement") applies to the purchase from Hobbs Ministries and its affiliates (collectively, "Hobbs Ministries")
of all services (collectively, the "Services") selected by Customer through the online registration tools, as applicable, incorporated by
reference and attached hereto, if any, except that if Customer is also ordering collocation and/or web site production services, Customer is
also required to indicate agreement specific to those services via electronic signature. Hobbs ministries reserves the right to modify its
network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and
increased network demand, and providing enhanced services. Hobbs Ministries shall use reasonable efforts to notify Customer of any
planned changes to Hobbs Ministries network or facilities that may adversely affect the Services provided hereunder.
2.0 INTELLECTUAL PROPERTY
2.1 Except for the rights expressly granted herein, this Agreement does not transfer from Hobbs Ministries to You any Hobbs Ministries
developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Hobbs
Ministries. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to
derive source code or other trade secrets from the other party.
2.2 Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Hobbs Ministries at any time from
utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation,
information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Hobbs
Ministries.
2.3 Hobbs Ministries may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and
You expressly authorize Hobbs Ministries to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice
to You.
2.4 You will not use Hobbs Ministries name or any language, pictures, or symbols that could, in Hobbs Ministries sole judgment, imply Hobbs
Ministries identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever
nature, without Hobbs Ministries prior written consent. You agree that any and all press releases and other public announcements related to
this Agreement and subsequent transactions between Hobbs Ministries and You, including the method and timing of such announcements,
must be approved in advance by Hobbs Ministries in writing. Hobbs Ministries reserves the right to withhold approval of any public
announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material
breach of these Terms.
2.5 Hobbs Ministries, other Hobbs Ministries product and service names, and all of their related logos are each trademarks of Training for
Reigning Consulting Services, Inc. (the " Training for Reigning Consulting Services Marks"). Without Hobbs Ministries' prior written
permission, you agree not to display, or use in any manner, the for Reigning Consulting Services Marks.
2.6 Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights
of HOBBS MINISTRIES or any third party. Customer further acknowledges that all right, title and interest in any and all technology,
including the software that is part of or provided with the Services and any trademarks or service marks of HOBBS MINISTRIES (collectively,
" HOBBS MINISTRIES Intellectual Property") is vested in HOBBS MINISTRIES and/or in HOBBS MINISTRIES’ licensors. Unless otherwise
specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the HOBBS MINISTRIES Intellectual
Property. Customer may not copy, modify or translate the HOBBS MINISTRIES Intellectual Property or related documentation, or
decompile, disassemble or reverse engineer the HOBBS MINISTRIES Intellectual Property, to use it other than in connection with the
Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not
authorized to distribute or to authorize others to distribute the HOBBS MINISTRIES Intellectual Property in any manner without the prior
written consent of HOBBS MINISTRIES; provided, however, that nothing in this sentence would preclude Customer from using the HOBBS
MINISTRIES Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or
affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-
party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or
interest in the third-party software to Customer.
3.0 PAYMENT
3.1 Payment Terms
Unless modified in accordance with Section 3.6, You will pay all fees due according to the prices and terms applicable to your Services,
including option features. All installation or setup fees and non-recurring charges, along with the first month's recurring charges, invoices
are due and payable upon receipt. All payments shall be made in U.S. currency, in advance of the provision of Services. Thereafter,
recurring fees will be charged in advance to Your selected payment method. If Your selected payment method is invalid or You are
otherwise past due in your payments for any reason, the Service may be terminated and removed from Hobbs Ministries servers by Hobbs
Ministries with or without notice, and all the information contained within deleted permanently. Hobbs Ministries accepts no liability for
information or content that is deleted due to an invalid payment method or where Your payments are past due. Reactivation of the Service
after termination or cancellation for any reason shall require the payment of additional setup fees. In the event You fail to pay charges,
Hobbs Ministries may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to
collect on balances due, You agree to reimburse Hobbs Ministries for all expenses incurred to recover sums due, including attorneys' fees
and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Hobbs
Ministries on the charges and all late payment, interest, or other fees as stated on Your bill. Hobbs Ministries may modify its billing practices
or late payment charges by providing You with prior written notice of the modification. Hobbs Ministries in its discretion may offer discounts
or special offers from time to time.
3.2 Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form, as
applicable. Such fees may include taxes, fees or assessments by governmental agencies and Hobbs Ministries shall have the right, at any
time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be
collected by Hobbs Ministries by any governmental agency.
3.3 Price Changes
Hobbs Ministries may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or
charge or institute new fees or charges with respect to the Service. Upon renewal, the prices charged may be changed without notice to the
then prevailing price for the Services.
3.4 Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower)
per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which
payment is due.
3.5 Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due, or is otherwise deemed
insecure, Hobbs Ministries may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension,
interruption or disconnection, Customer may be required to post a deposit or such other security, as Hobbs Ministries deems necessary in
order to resume receiving the Services. In addition, if Hobbs Ministries in its sole discretion, deems Customer to be financially insecure,
Hobbs Ministries may require such other action of Customer, including letters of credit, security deposit(s), restrictions on available credit or
other action as Hobbs Ministries may require from time to time regardless of Customer’s then-current status or payment history. Failure to
satisfy Hobbs Ministries request for such action within timelines set by Hobbs Ministries may result in immediate termination of service
without further notice.
3.6 Deposits
3.7 There is a non-refundable 50% deposit required for the commencement of projects. This deposit will be applied to the ending balance
of the total amount due at the project’s completion. For projects totaling $2000 or less, payment is due in full before any work commences.
Payment is non-refundable.
3.8 Cost Adjustments: Adjustments to the original estimate are necessary when you request changes that alter the nature and scope of the
project. In the event that a cost adjustment is necessary, Hobbs Ministries will you give you prior notice.
4.0 SPECIAL OFFERS
4.1 All promotions and special offers tendered by Hobbs Ministries are subject to these same terms and agreements put forth herein, unless
otherwise indicated.
5.0 ACCEPTABLE USES
5.1 Customer shall at all times adhere to the Hobbs Ministries Acceptable Use Policy contained herein, as amended from time to time by
Hobbs Ministries effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, Hobbs Ministries
may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in
the event of notice of possible violation by Customer of the Hobbs Ministries Acceptable Use Policy. In the event Hobbs Ministries takes
corrective action due to a violation of the Hobbs Ministries Acceptable Use Policy, Hobbs Ministries shall not refund to Customer any fees
paid in advance of such corrective action.
5.2 Revisions
5.3 Once your Website copywriter submits content for your review, you are required to immediately confirm via email that you have
received it, and you are required to respond within three-five (3-5) calendar days with your specific requests for changes and modifications.
If you do not respond, you wave your right to revisions and agree to accept the content .as is. If, within the allotted time, you review the
revisions and are not satisfied, Hobbs Ministries will provide a second round of complimentary revisions. You will then have three (3)
business days of review during the second round of revisions. * Only two (2) rounds of revisions are included. Revisions in excess of two (2)
rounds will incur additional charges of $40 per round, so be exhaustive in your request for changes.
5.4 Project Timetable
5.5 You will be given an estimate detailing how long your project will take to complete. We strive to complete all projects on schedule, but
in the event that unforeseen and uncontrollable occurrences limit our ability to complete the project within the time allotted, we will give
you a new completion deadline. We are required to give you at least three (3) to five (5) calendar days notice of our intent to alter the
timetable.
Although we do not anticipate any delay in the completion of your project, occasionally unexpected occurrences do arise. We will notify
you of any unexpected delays and provide a new deadline for completion of your work. We shall not be liable for failure or
delay in performing the agreed upon obligations in this contract, if such failure or delay is due to circumstances beyond our reasonable
control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or
other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of the services.
5.6 Guarantees
We will strive to ensure that you are happy with our work, but cannot guarantee any specific results you may be seeking in connection with
this project due to numerous factors beyond our control.
5.7 Post Completion Revisions
5.8 After we have released the project to you, we are not responsible for any further changes to the document. If for any reason you request
that more revisions and modifications be done, you will be responsible for the full payment of fees commensurate with these services.
5.9 Rush Fees
5.10 If you request that work be completed within a shorter period than the standard time allotted for the nature and scope of the project,
then a rush fee of 25 to 35 percent will be added to your agreed upon total.
6.0 CANCELLATION POLICY
6.1 If, for any reason, the project is cancelled by you before its completion, we will retain the non-refundable deposit on the basis of the
time and effort expended and expenses incurred up to that point. Hobbs Ministries reserves the exclusive right to cancel your account for
nonpayment, or non-compliance with the policies and procedures set forth herein. If Hobbs Ministries has purchased equipment on behalf
of Customer, Customer shall assume responsibility for payments for such equipment, until paid in full. Notice may be sent via electronic
mail to billing@ Hobbs Ministries .com or by post to Hobbs Ministries, Attn: Billing, 4142 Stanton-Ogletown Rd., Newark, DE 19713.
6.2 Any termination by Hobbs Ministries shall not relieve Customer of any obligations to pay fees accrued prior to such termination. In the
event that a Customer primary account holder cancels a service, service will be cancelled immediately, and the remainder of any payment
that has been received forfeited. Set-up fees and domain name fees are not refundable. Hobbs Ministries reserves the right to terminate this
Agreement without cause prior to the end of the term upon thirty (30) days written notice to Customer.
7.0 IP ADDRESS OWNERSHIP
7.1 Hobbs Ministries shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Hobbs
Ministries and Hobbs Ministries reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
8.0 CACHING
8.1 Customer expressly (i) grants to Hobbs Ministries a license to cache the entirety of Customer’s Web Site, including content supplied by
third parties, hosted by Hobbs Ministries under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer
intellectual property rights or any third party’s intellectual property rights.
9.0 EQUIPMENT
9.1 Hobbs Ministries is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the
"Equipment") offered under this Agreement that was manufactured by a third party. Hobbs Ministries shall not be responsible for any
changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of
the Service(s). Any malfunction or manufacturer’s defects of Equipment either sold or provided by Hobbs Ministries to Customer or
purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of Hobbs Ministries obligations under
this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those
rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by Hobbs
Ministries only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any
Equipment, or any technical data derived from, in violation of any applicable United States or foreign law.
10.0 DISCLAIMER OF WARRANTY
10.1 Customer acknowledges and agrees that HOBBS MINISTRIES exercises no control over, and accepts no responsibility for, the content
of the information passing through HOBBS MINISTRIES host computers, network hubs and points of presence (the " HOBBS MINISTRIES
Network") or the Internet. NEITHER Hobbs Ministries, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT HOBBS MINISTRIES PROVIDES. NEITHER HOBBS MINISTRIES,
ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE,
WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. HOBBS
MINISTRIES IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR
STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY HOBBS MINISTRIES.
11.0 INDEMNIFICATION
11.1 Customer will indemnify, save harmless, and defend Hobbs Ministries and all directors, officers, employees, and agents of Hobbs
Ministries (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating
to the use of the Services by Customer, including any violation of the Hobbs Ministries Acceptable Use Policy. Such claims shall include,
but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution,
tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries
or damage to business.
12.0 LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL HOBBS MINISTRIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF HOBBS MINISTRIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event will HOBBS MINISTRIES liability for any damages, losses and causes of actions
whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which
gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the
cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so
that the above limitations or exclusions may not apply to Customer. In such jurisdictions, HOBBS MINISTRIES liability (and the liability of
its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.
13.0 FORCE MAJEURE
13.1 HOBBS MINISTRIES shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of the Services.
14.0 CONFIDENTIAL INFORMATION
14.1 Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and
communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive
property and trade secrets of the other party ("Confidential Information"). Except as provided in HOBBS MINISTRIES Acceptable Use Policy
(AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the
extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration
of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement
shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful
means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party
without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is
independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose
provided by the disclosing party; or (f) is required by law to be disclosed. Customer further agrees and acknowledges that HOBBS
MINISTRIES may disclose Customer account information in accordance with HOBBS MINISTRIES AUP and Privacy Policy, located at http:
//www.HOBBS MINISTRIES.com, as amended from time to time by HOBBS MINISTRIES effective upon posting of the revised policy at the
URL.
15.0 GOVERNING LAW
15.1 The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with
the laws of the State of Delaware.
16.0 ENFORCEMENT OF AGREEMENT
16.1 In the event it is necessary for HOBBS MINISTRIES to enforce its rights under this agreement, Customer agrees to pay all fees incurred
by HOBBS MINISTRIES (including, but not limited to, attorney's fees and collection agency fees).
17.0 AMENDMENT OR WAIVER
17.1 Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer
of HOBBS MINISTRIES. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the
exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of
any act or condition hereunder shall not constitute a waiver of the act or condition itself.
18.0 ASSIGNMENT AND SEVERABILITY
18.1 This Agreement shall be binding upon and inure to the benefit of Customer, HOBBS MINISTRIES and our respective successors, and
assigns. Customer may not assign this Agreement without the prior written consent of HOBBS MINISTRIES, which consent will not be
unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or
void, the remainder of this Agreement shall remain in full force and effect.
19.0 NOTICES
19.1 All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to HOBBS
MINISTRIES hereunder shall be given to:
Legal Department
Hobbs Ministries, a subsidiary of Training for Reigning Consulting Services, Inc.
4142 Stanton-Ogletown Rd., Suite #447 Newark, DE 19808
Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to
the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days
after it has been sent, properly addressed and with postage prepaid.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations,
understandings or agreements.
ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY HOBBS MINISTRIES MAY BE SUBJECT, IN HOBBS MINISTRIES ABSOLUTE DISCRETION, TO
SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF
SERVICE SHALL INDICATE HOBBS MINISTRIES ACCEPTANCE OF THIS AGREEMENT. USE OF THE HOBBS MINISTRIES NETWORK
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER represents and warrants that Customer has full authority and right to
enter into this Agreement. Customer further represents and warrants that Customer is at least 18 years of age.
MELBOURNE IT DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info, .name, .travel, .cat and .mobi registrations only
PART A - Terms that apply to all domain name registrations
TERMS AND CONDITIONS
General
1. Introduction
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN). This domain name registration
agreement (Registration Agreement) is submitted by you, the applicant for, and on registration, the licence holder of a domain name
(refered to in this Agreement as you, your and the Registrant) to Melbourne IT Limited ACN 073 716 793 (Melbourne IT) for the purpose of
registering a domain name.
Part A sets out the general provisions governing all domain name registrations governed by this Registration Agreement.
Part B sets out the additional provisions specific to .com, .net and .org domain name registrations.
Part C sets out the additional provisions specific to multi-lingual domain name registrations.
Part D sets out the additional provisions specific to other domain name pre-registrations and registrations governed by this Registration
Agreement.
If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration
Agreement in respect of any domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Changes to this Registration Agreement
Melbourne IT may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice.
The period of notice given by Melbourne IT depends on the nature of the change. If:
1. the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
2. the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body) or for a technical
reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
3. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days
notice prior to the change, and
4. for all other changes, we will also give you at least 30 days notice prior to the change.
Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at www.melbourneit.com.
au/policies.
3. Licensing of Domain Name
Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name
to a third party.
4. Dispute Policy
Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT,
that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT's current dispute policy
and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name
Dispute Resolution Policy (the UDRP Dispute Policy). Registrant agrees that in respect of the pre-registration or registration of other domain
names covered by this agreement in Part D, other dispute policies may apply as specified by the registry administrator of those domain
names from time to time, as described in more detail in Part D (the "Other Dispute Policies"). Registrant agrees that Melbourne IT may
change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining
the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's
continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain
name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy.
Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as described in clause 19.
The UDRP Dispute Policy can be viewed at http://www.inww.com/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be
viewed at http://www.inww.com/policies/gtldrules.php3.
5. Agents
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent,
the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.
6. Expiration of the domain name license
i. You may renew your domain name with Melbourne IT at any time before the date 40 days after the Expiry Date (Renewal Deadline).
ii. Registrant acknowledges that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may
renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with by
Melbourne IT under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be
eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to Melbourne
IT the redemption fee (the current redemption fee is set out at http://www.melbourneit.com.au and is subject to change).
6A Additional Provisions for Undelegated and Expiring Domain Names
6A.1 On registration of a domain name with Melbourne IT as registrar Melbourne IT may by default delegate that name to resolve to a
Melbourne IT Parked Page. Registrant acknowledges and agrees that the Melbourne IT Parked Page may include a statement and graphics
to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party
websites, advertising of Melbourne IT products and services and advertising content from or about a third party and/or their products and
services. Registrant may opt-out of the display of the Melbourne IT Parked Page prior to the Expiry Date by:
6A.1.1 registering the domain name with a Melbourne IT Authorised Reseller who has agreed with Melbourne IT not to participate;
6A.1.2 delegating its domain name to a different nameserver; or
6A.1.3 giving written notice to Melbourne IT Limited at Level 2, 120 King Street, Melbourne 3000 Australia (or such other business address
notified from time to time by Melbourne IT on its web site).
6A.2 At the request of the Registrant Melbourne IT may provide its Private Registration Service (which includes, without limitation, updating
certain public contact details associated with the domain name such as the postal address and email address in the WHOIS database) with
respect to the domain name for the period up to and including the Expiry Date on the following terms.
6A.2.2 The Private Registration Terms located at http://www.melbourneit.com.au/policies/privateregpolicy.php (as may be updated from
time to time) are hereby incorporated into this Agreement by reference.
6A.2.4 Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the
Private Registration Terms.
6A.2.5 Melbourne IT may charge Registrant a fee for the provision of the Private Registration Service as notified to the Registrant from time
to time. Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and
payment provisions contained in the Private Registration Terms
6A.2.6 Registrant may terminate the provision of the Private Registration Service:
6A.2.6.1 in the case of changing the fee for the Private Registration Service, at any time by at least 30 days written notice to Melbourne IT;
or 6A.2.6.2 at any other time in accordance with the Private Registration Terms.
6A.3 Melbourne IT may elect to lock the domain name at any time and Registrant may unlock the domain name at any time subject to any
relevant policies, procedures and processes (for example, relating to a UDRP dispute).
6A.5 Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) any domain name registered through Melbourne
IT as registrar to resolve to a Melbourne IT Parked Page.
6A.6 Melbourne IT may from the Expiry Date:
6A.6.1 state that the domain name may become available to be acquired or transferred to a third party following the expiration of the
Renewal Deadline via the Melbourne IT Parked Page or such other means reasonably determined by Melbourne IT; and
6A.6.2 Melbourne IT may continue to supply Melbourne IT's Private Registration Service to Registrant in connection with the domain
name) in accordance with the Private Registration Terms, at no cost to Registrant.
6A.7 If Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may transfer the domain name to a third party
(Transferee) on Registrant's behalf and as Registrant's agent (Registrant Domain Name Transfer).
6A.8 In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that:
6A.8.1 Melbourne IT may use a third party provider of auction services and/or sale services in connection with the transfer of domain names
(Third Party Provider);
6A.8.2 Melbourne IT has full authority to act as Registrant's agent (including to exercise any rights under any terms and conditions) to effect
the Registrant Domain Name Transfer, and any such acts will be deemed as an act validly performed by the Registrant;
6A.8.4 Melbourne IT will notify Registrant by email following receipt of any fees received by Melbourne IT in cleared funds from a
Transferee for a Registrant Domain Name Transfer. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if
required, under this clause 6A.8.4. if Registrant keep its contact details with respect to the domain name up to date. Registrant therefore
agrees that Registrant will be solely responsible for keeping such contact details up to date;
6A.8.5 Registrant may receive a transfer price commission, as specified from time to time at www.melbourneit.com.au/help/index.php?
questionid=50103, which link or transfer price commission may be updated or amended by Melbourne IT from time to time (Transfer Price
Commission) subject to:
6A.8.5.1 Registrant applying to Melbourne IT for that Transfer Price Commission within ninety days of the email notification referred to in
clause 6A.8.4, in accordance with the process notified from time to time by Melbourne IT to Registrant (Transfer Price Commission
Application); and
6A.8.5.2 Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT's standard authentication procedures, as
applicable at the relevant time;
6A.8.6 If eligible and the Registrant has provided Melbourne IT with the Transfer Price Commission Application (but not otherwise),
Registrant, will be paid the Transfer Price Commission within 30 days of receipt by Melbourne IT of the Transfer Price Commission
Application (Payment Date Period) and in a manner determined by Melbourne IT in its sole discretion (including but not limited to, by a
transfer of funds via a Paypal™ account or similar service), such manner to be detailed in an email communication to Registrant within the
Payment Date Period. Registrant acknowledges that if Melbourne IT determines to pay the Transfer Price Commission via a Paypal™
account or similar service, Registrant will only be able to receive the Transfer Price Commission in the event that Registrant sets up an
account with Paypal™ account or that other service (if applicable); and
6A.8.7 If eligible the Registrant will be paid any Transfer Price Commission (if applicable):
6A.8.7(A) subject to clause 6A.8.7(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to
the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or
6A.8.7(B) if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer
Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission
paid to Registrant:
6A.8.7(B)(i) will be paid inclusive of any goods and services tax ("GST") but exclusive of any other tax or charge which may apply to the
commission under any relevant law, and for which Registrant shall be responsible; and
6A.8.7(B)(ii) will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements
of the GST legislation then in force.
6A.9 Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.5 or 6A.6, any services in
connection with the domain name (including without limitation, any email services) will cease.
6A.10 Registrant agrees that Melbourne IT may cease and not complete a Registrant Domain Name Transfer for any reason at any time
(including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply
with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with
any request from such party to do so).
6A.11 Nothing in this clause 6A will constitute an obligation for Melbourne IT to effect or an express or implied guarantee or warranty that
Melbourne IT will be successful in effecting a Registrant Domain Name Transfer. In addition Melbourne IT takes no responsibility for (and
will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale
of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain
name by the Third Party Provider.
6A.12 Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT's sole discretion, is
inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to
exercise any other right available to Melbourne IT under this Agreement.
7. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the registry administrator has any liability to the Registrant
or the Registrant's agent for any loss Registrant may incur in connection with Melbourne IT's processing of this Registration Agreement,
Melbourne IT's processing of any pre-registration application or application for a domain name, the processing of any authorized
modification to the domain name's record during the covered registration or renewal period, any action (or inaction of either Melbourne IT
or any Third Party Provider under clause 6A), or the failure by the Registrant or the Registrant's agent to pay a pre-registration fee or other
fee (including, without limitation, any registration fee or renewal fee), or as a result of the application of the provisions of the relevant
domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter
exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the
services.
8. Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT and the registry administrator, their directors, officers,
employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable
legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal or pre-registration, or to the Registrant's
use of the domain name. This clause survives termination of this Agreement.
9. Breach
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy
(including, without limitation, any domain name dispute policy that applies during a pre-registration period) may be considered by
Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty
(30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not
breached its obligations, then Melbourne IT may delete Registrant's registration of the domain name. Any such breach by a Registrant shall
not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant.
Notice may be given by mail, facsimile or electronic means.
10. No Warranty by Melbourne IT
Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the
relevant domain name, nor does it confer immunity from objection to the pre-registration, registration or use of the domain name.
11. Acknowledgements and Warranty
(i) Registrant acknowledges that it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to
the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the registry administrator, their directors, officers,
employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by
Registrant.
(ii) Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in
which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.
12. Revocation
Registrant agrees that Melbourne IT may delete a Registrant's domain name if any information required to be supplied by the Registrant
under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information
Melbourne IT would likely consider material to its decision to approve this Registration Agreement.
13. Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy may provide that registration of certain domain names is prohibited.
Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees
that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees
that Melbourne IT is not liable for loss or damage that may result from Melbourne IT's refusal to accept this Registration Agreement.
14. Change in Registrar
Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy.
Registrant agrees it may not change its Registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne
IT.
15. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by
any registry administrator procedure approved by ICANN policy:
15.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
15.2 for the resolution of disputes concerning the domain name; or
15.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name. In addition to the above
rights, Melbourne IT may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain
Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in
connection with any:
15.4 activity that infringes the intellectual property rights or other rights of any third party;
15.5 activity that defames or disparages any third party; or
15.6 otherwise illegal or fraudulent activity, or otherwise in accordance with Melbourne IT's Acceptable Use Policy.
16. Payment
16.1 The registration fee is payable with the Application.
16.2 Registration is not effective until the Registration fee has been paid and cleared.
16.3 The registration is for the full period of years selected and paid for at the time of Application or renewal.
16.4 All fees are non-refundable.
17. Non payment
Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant's
payment method company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration fee, or where
the Registrant's credit card or PayPal payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant
domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of
the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 16, including the right to
sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject
to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Melbourne IT's then current re-transfer fee.
17. Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect
the remaining terms or provisions, which shall continue to be binding.
18. Application Details
Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the
discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant
undertakes to promptly correct and update Information during the registration or renewal period and to respond within fifteen (15) calendar
days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and
Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute
policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
19. Use of Information
19.1 Registrant acknowledges Information obtained from Registrant will be:
19.1.1 transmitted to the registry administrator for registry use
19.1.2 publicly available as required by ICANN, the registry or the relevant regulator;
19.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
19.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by
Melbourne IT. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Melbourne
IT of its current agent as required by Melbourne IT.
19.3 Registrant consents to the use of the Information for the purposes set out in clauses 19.1.1 to 19.1.3.
19.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided
to Melbourne IT, the same information about use of those details as are set out in this clause 19, and that the third parties individually have
consented to use of their personal data.
19.5 Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 19.
Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at http://www.melbourneit.
com.au/privacy/.
19.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised
access or disclosure, alteration or destruction.
20. Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect
the remaining terms or provisions, which shall continue to be binding.
21. Entirety
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and
Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute
policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
22. Governing Law
22.1 Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia.
22.2 In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any
transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction
and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from
such Courts.
22.3 In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising
from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Melbourne IT is located.
23. General
23.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
23.2 Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any
provision to be performed at any time thereafter.
Part B - Terms that apply to .com, .net, .org domain name registrations only
24. .com, .net and .org registry operators
Verisign Global Registry Services is the registry administrator responsible for administering the .com and .net domain name registry. Public
Interest Registry is the registry administrator responsible for administering the .org domain name registry.
PART C - Multilingual Registrations
25. Special Provisions for ML.Registrations
Registrants who register an Internationalised Domain Name (hereafter referred to as a 'Multilingual domain name') acknowledge that the
Multilingual system is at all times subject to any change in standards published from time to time by the Internet Engineering Task Force
('IETF').
As at the date of this Agreement, IETF standards have been implemented for .com, .net and .org Multilingual domain names.
Registrant acknowledges and agrees that any changes or amendments to these IETF standards may cause the internal representation of a
Multilingual domain name or the licence period of a Multilingual domain name to change, become invalid, or, be deleted. Such
occurrences will be resolved on a case-by-case basis by Melbourne IT, as they occur, to the extent that Melbourne IT is able to do so.
No .org Multilingual domain name may be registered from the date of this Agreement, unless Melbourne IT provides notification to the
contrary.
REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE EXTENT THAT SUCH REGISTRATION OR
RENEWAL IS AVAILABLE OR PERMITTED) DO SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT
AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND THE REGISTRY ADMINISTRATOR, THEIR
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT
AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE
OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE INVALIDITY OF
ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY FEES PAID OR PAYABLE WILL BE MADE IF ANY
MULTILINGUAL DOMAIN NAME IS CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.
PART D - Terms that apply to other domain name pre-registrations and registrations
26. .biz, .info, .name, .travel and .cat Domain Names
A Should you seek to register a .biz second level domain name, you must contractually agree to the following terms:
1. BIZ REGISTRY OPERATOR
NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry.
2. 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:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) 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.
3. BIZ CERTIFICATION
As a .biz domain name Registrant, you hereby certify to the
a) 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.neulevel.biz/faqs/.
b) The domain name Registrant has the authority to enter into the registration agreement; and
c) The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
4. PROVISION OF REGISTRATION DATA
4.1 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: (i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is
an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the
domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will
be publicly available and accessible on the Whois 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. For bulk services in respect of the registration
data which are provided by Melbourne IT, if the Registrant does not consent to the use of such information for inclusion in registers and
data bases produced by Melbourne IT or its licensees, then the Registrant is required to provide non consent verification stating name,
address, date and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, 120 King Street, Melbourne
3000 Australia.
4.2 Inaccurate or Unreliable Data.
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
Whois 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.
4. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .biz domain name through the registry administrator, 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
the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this
Agreement:
i. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/ardp/docs/stop.html; and
ii. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP 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
that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry
administrator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited dispute resolution providers. 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 SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that the registry administrator, in its sole discretion, may modify its dispute policy. The registry administrator will post any such
revised policy on its Website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.
6. RESERVATION OF RIGHTS
Melbourne IT and the .biz registry administrator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it
deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal,
on the part of Melbourne IT and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT
and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
B Should you seek to register a .info second level domain name, you must contractually agree to the following terms:
1. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
2. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by
the .INFO registry administrator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with
ICANN.
3. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry
administrator for domain names registered during the Sunrise Period, These policies are subject to modification by the registry administrator.
4. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure
to correct this information shall constitute a breach of this Agreement. Registrant acknowledges that the registry administrator will have no
liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush
Period including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land
Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
5. Registrar and the registry administrator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the
part of Registrar and/or the registry administrator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the
registry administrator also reserve the right to freeze a domain name during resolution of a dispute.
C Should You seek to register a .name third level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. You acknowledge that your right to register a .name domain name is subject to You complying with the .name eligibility requirements,
which are set out on the website of the .name registry administrator, and which are currently located at http://www.gnr.name/ (the "Eligibility
Requirements"). You agree that your registration of any .name domain name will be in compliance with the terms of the Eligibility
Requirements, as these may be amended by the .name registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .name acceptable use policy,
which is set out on the website of the registry administrator, and which is currently located at http://www.gnr.name/ (the "Acceptable Use
Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .name registry administrator from time to time.
4. In addition to the UDRP Process described in Clause 4, You agree that on successful registration of a .name domain name, You will be
bound by the Eligibility Requirements Disputes Resolution Policy (the "ERDRP"). The ERDRP is set out on the website of the registry
administrator, and is currently located at http://www.gnr.name/, and should be read in conjunction with the following related information:
i) Summary of Eligibility Requirements Dispute Resolution Policy (which is currently located at http://www.gnr.name/);
ii) Disputes: Filing a Complaint (which is currently located at http://www.gnr.name/);
iii) ERDRP Rules (which is currently located at http://www.gnr.name/); and
iv) ERDRP Dispute Resolution Providers (which is currently located at http://www.gnr.name/).
You agree to be bound by the ERDRP, as this policy (and any related information as described above) may be amended from time to time
by the registry administrator.
D Should you seek to register a .travel second level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. ELIGIBILITY REQUIREMENT. Registrations in the .travel name space are restricted to people, organizations, associations and private,
governmental and non-governmental agencies in the travel and tourism industry. Registrant acknowledges that its right to register a .travel
domain name is subject to Registrant complying with the .travel eligibility requirements, which are set out on the web site of the .travel
registry administrator, and which are currently located at www.tralliance.info/ (the "Eligibility Requirements"). Registrant agrees that the
registration of any .travel domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by
the .travel registry administrator from time to time. The Eligibility Requirements are incorporated herein by reference.
3. CONTINUING ELIGIBILITY. Registrant agrees to maintain its eligibility to hold a .travel license throughout the term of the license,
including renewal. If Registrant ceases to be a member of the travel or tourism industry as defined by the current policies of the Registry,
Registrant must give notice of such change within 14 days of ceasing to be eligible to hold the license. In the event that Registrant does not
notify the Registry of such change of status, the Registry will revoke all registrations held by Registrant immediately upon becoming aware of
the change of status.
4. WARRANTIES. Registrant warrants that:
i) Registrant understands and meets the Eligibility Requirements;
ii) Registrant's selected domain name meets the requirements of the .travel Registry Policies (currently located at http://www.tralliance.info/);
iii) Any information provided by Registrant is accurate and complete and any future changes to this information will be provided in a timely
manner;
iv) Registrant has the authority to enter into the Registration Agreement;
v) Registrant is able to enter into this agreement and if a real person is of legal age; and
vi) Registrant's domain name is not registered for an unlawful purpose.
5. INFORMATION REQUIREMENT. Registrant acknowledges that any travel organization assisting the Registry in the authentication process
will be required to solicit and receive an update of all authentication data from Registrant within 30 or up to 60 days prior to the anniversary
date of registration. In the event that Registrant is no longer eligible to hold the license, Registrant will be given 30 days to provide updated
data which confirms Registrant's eligibility. Where such authentication data is not provided by Registrant or does not confirm Registrant's
eligibility, the Registry will inform Registrant and Registrant will have the right to request a review of the denial as if it had been an initial
registration. Should Registrant remain ineligible at the end of the review, the Registry will revoke the registration.
6. DISPUTE RESOLUTION In addition to the UDRP Process outlined in Clause 4, Registrant agrees that on successful registration of a .
travel domain name, Registrant will be bound by the following:
i. in relation to disputes by any third party that Registrant is not eligible to hold a .travel domain name, the ICANN Charter Eligibility Dispute
Resolution Policy (CEDRP); and
ii. in relation to a formal complaint by Registrant over a denial of Registrant's eligibility to hold a .travel domain name, a decision of the
Domain Name Denial Review Panel of the Travel Partnership Corporation (TTCP).
7. REVOCATION OF LICENSE. In addition to clause 14, Melbourne IT and the Registry administrator may revoke Registrant's license to use
a .travel domain name for the following reasons:
i) to protect the integrity and stability of the Registry;
ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement or any dispute resolution process;
iiii) to avoid any liability, civil or criminal, on part of Registry as well as its affiliates, subsidiaries, agents, officers, directors, and employees;
iv) for violations of this Agreement or any ICANN or Registry policy;
v) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
vi) if Registrant ceases to be a member of the eligible community defined by the .travel Charter and policies;
vii) failure by Registrant to comply with any .travel policy that applies to Registrant at any time;
viii) if Registrant's .travel domain name or Registrant's use of the .travel domain name is not in the best interests of the travel community; and
ix) if any information provided by Registrant in the course of registration is incorrect.
8. RESERVATION OF RIGHTS. Melbourne IT and the .travel registry administrator, Tralliance Corporation, expressly reserve the right to
deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of Melbourne IT and/or Tralliance Corporation., as well as their affiliates,
subsidiaries, officers, directors and employees. Melbourne IT and Tralliance Corporation also reserve the right to freeze a domain name
during resolution of a dispute.
9. ICANN POLICY. Registrant must comply with all ICANN and .travel registry and registry administrators standards, policies, procedures and
practices as notified to if from time to time by Registrar.
10. THIRD PARTY BENEFICIARY. Registrant acknowledges that the .travel registry administrator is an intended third party beneficiary of this
Registration Agreement.
11. INDEMNITY. Without limiting clause 7, Registrant agrees to indemnify, keep indemnified and hold the .travel registry and registry
administrator, their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents,
predecessors, successors and assigns harmless from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities
of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant's domain name
registration.
E Should you seek to register a .cat second level domain name you must contractually agree to the following terms:
1. Fundaciò puntCAT is the registry administrator responsible for administering the .cat domain name registry.
2. You acknowledge that your right to register a .cat domain name is subject to You complying with the .cat eligibility requirements, which
are set out on the website of the .cat registry administrator, and which are currently located at http://www.puntcat.cat (the "Eligibility
Requirements"). You agree that your registration of any .cat domain name will be in compliance with the terms of the Eligibility
Requirements, as these may be amended by the .cat registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .cat acceptable use policy,
which is set out on the website of the registry administrator, and which is currently located at http://www.puntcat.cat (the "Acceptable Use
Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .cat registry administrator from time to time.
4. REGISTRATION AGREEMENT. The registrant agrees to be bound by the .cat Registration Agreement between the registrant and .cat
registry administrator, as may be updated from time to time. The .cat Registration Agreement is located at http://www.puntcat.cat.
F Should you seek to register a .mobi second level domain name you must contractually agree to the following terms:
1. mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry.
2. You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style
Guide (www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.
mtld.mobi) for compliance with the StyleGuide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by
the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes
in the time allotted.
3. INDEMNITY. Without limiting clause 7, you agree to indemnify, defend, keep indemnified and hold Affilias Limited (Registry Services
Provider), its directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and
expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name registration, renewal or pre-
registration, or to your use of the domain name. This clause survives termination of this Agreement.
4. THIRD PARTY BENEFICIARY. Notwithstanding anything in this agreement to the contrary, the registry administrator is and shall be an
intended third party beneficiary of this Agreement. As such, the you acknowledge and agree that the third party beneficiary rights of the
registry administrator have vested and that the registry administrator has relied on its third party beneficiary rights under this agreement in
agreeing to Melbourne IT being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights shall survive any
termination or expiration of this agreement.
5. POLICY. You must comply with all ICANN and .mobi registry and registry administrator's standards, requirements, policies, procedures and
practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi, and as notified
from time to time by the registry administrator or Melbourne IT ('Registry Policies'). You agree that your registration of any .mobi domain
name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time
to time.
6. USE OF PERSONAL DATA. You consent to the use, copying, distribution, publication, modification and other processing of your
personal data by the registry administrator and its designees and agents for such purposes as may be notified to Melbourne IT by the registry
administrator from time to time. You otherwise agree to the provisions of clause 22 of this Agreement.
7. APPLICATION DETAILS You agree to be bound by the provisions of clause 21 of this Agreement.
8. You agree to be bound by the terms and conditions of the initial launch and general operations of the registry administrator, including
without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the
Premium Name Allocation Process, and the General Registration Period (as outlined at www.mtld.mobi), and further acknowledge that the
registry administrator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process,
and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered name
during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
9. REVOCATION, TRANSFER AND CANCELLATION OF LICENSE. Without limiting clause 14, you acknowledge and agree that the .mobi
registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws,
government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; to avoid any liability,
civil or criminal, on the part of the registry or any registrar in connection with a domain name registration. The registry also reserves the right
to freeze a registered name during resolution of a dispute.
Check Mail Compose
1.0 ACCEPTANCE OF TERMS
1.1 These Hobbs Ministries Terms of Service ("TOS") are between you ("You", "Your," or "Client") and These terms and conditions apply to
your use of all of the services owned or operated by Hobbs Ministries, a subsidiary of Training for Reigning Consulting Services, Inc., referred
to here as “Hobbs Ministries” ( and collectively "we," "us," or "our") and its affiliates and consists of the most recent versions of the terms and
conditions of the TOS.
1.2 Hobbs Ministries reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not
limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 3.
Regardless of whether Hobbs Ministries has provided You individual notice, Your continued use of the Service following Hobbs Ministries
notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes
to the Terms and ensure that any contact information You provide to Hobbs Ministries is updated and correct.
1.3 If You are registering a new domain name or using a previously registered domain name in conjunction with the Service, Your use of
the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the appropriate
Melbourne IT Domain Name Registration Agreement set forth below, which is an agreement between You and Melbourne IT, and not with
Hobbs Ministries.
1.4 SERVICES
1.5 This Service Agreement ("Agreement") applies to the purchase from Hobbs Ministries and its affiliates (collectively, "Hobbs Ministries")
of all services (collectively, the "Services") selected by Customer through the online registration tools, as applicable, incorporated by
reference and attached hereto, if any, except that if Customer is also ordering collocation and/or web site production services, Customer is
also required to indicate agreement specific to those services via electronic signature. Hobbs ministries reserves the right to modify its
network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and
increased network demand, and providing enhanced services. Hobbs Ministries shall use reasonable efforts to notify Customer of any
planned changes to Hobbs Ministries network or facilities that may adversely affect the Services provided hereunder.
2.0 INTELLECTUAL PROPERTY
2.1 Except for the rights expressly granted herein, this Agreement does not transfer from Hobbs Ministries to You any Hobbs Ministries
developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Hobbs
Ministries. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to
derive source code or other trade secrets from the other party.
2.2 Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Hobbs Ministries at any time from
utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation,
information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Hobbs
Ministries.
2.3 Hobbs Ministries may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and
You expressly authorize Hobbs Ministries to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice
to You.
2.4 You will not use Hobbs Ministries name or any language, pictures, or symbols that could, in Hobbs Ministries sole judgment, imply Hobbs
Ministries identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever
nature, without Hobbs Ministries prior written consent. You agree that any and all press releases and other public announcements related to
this Agreement and subsequent transactions between Hobbs Ministries and You, including the method and timing of such announcements,
must be approved in advance by Hobbs Ministries in writing. Hobbs Ministries reserves the right to withhold approval of any public
announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material
breach of these Terms.
2.5 Hobbs Ministries, other Hobbs Ministries product and service names, and all of their related logos are each trademarks of Training for
Reigning Consulting Services, Inc. (the " Training for Reigning Consulting Services Marks"). Without Hobbs Ministries' prior written
permission, you agree not to display, or use in any manner, the for Reigning Consulting Services Marks.
2.6 Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights
of HOBBS MINISTRIES or any third party. Customer further acknowledges that all right, title and interest in any and all technology,
including the software that is part of or provided with the Services and any trademarks or service marks of HOBBS MINISTRIES (collectively,
" HOBBS MINISTRIES Intellectual Property") is vested in HOBBS MINISTRIES and/or in HOBBS MINISTRIES’ licensors. Unless otherwise
specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the HOBBS MINISTRIES Intellectual
Property. Customer may not copy, modify or translate the HOBBS MINISTRIES Intellectual Property or related documentation, or
decompile, disassemble or reverse engineer the HOBBS MINISTRIES Intellectual Property, to use it other than in connection with the
Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not
authorized to distribute or to authorize others to distribute the HOBBS MINISTRIES Intellectual Property in any manner without the prior
written consent of HOBBS MINISTRIES; provided, however, that nothing in this sentence would preclude Customer from using the HOBBS
MINISTRIES Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or
affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-
party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or
interest in the third-party software to Customer.
3.0 PAYMENT
3.1 Payment Terms
Unless modified in accordance with Section 3.6, You will pay all fees due according to the prices and terms applicable to your Services,
including option features. All installation or setup fees and non-recurring charges, along with the first month's recurring charges, invoices
are due and payable upon receipt. All payments shall be made in U.S. currency, in advance of the provision of Services. Thereafter,
recurring fees will be charged in advance to Your selected payment method. If Your selected payment method is invalid or You are
otherwise past due in your payments for any reason, the Service may be terminated and removed from Hobbs Ministries servers by Hobbs
Ministries with or without notice, and all the information contained within deleted permanently. Hobbs Ministries accepts no liability for
information or content that is deleted due to an invalid payment method or where Your payments are past due. Reactivation of the Service
after termination or cancellation for any reason shall require the payment of additional setup fees. In the event You fail to pay charges,
Hobbs Ministries may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to
collect on balances due, You agree to reimburse Hobbs Ministries for all expenses incurred to recover sums due, including attorneys' fees
and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Hobbs
Ministries on the charges and all late payment, interest, or other fees as stated on Your bill. Hobbs Ministries may modify its billing practices
or late payment charges by providing You with prior written notice of the modification. Hobbs Ministries in its discretion may offer discounts
or special offers from time to time.
3.2 Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form, as
applicable. Such fees may include taxes, fees or assessments by governmental agencies and Hobbs Ministries shall have the right, at any
time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be
collected by Hobbs Ministries by any governmental agency.
3.3 Price Changes
Hobbs Ministries may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or
charge or institute new fees or charges with respect to the Service. Upon renewal, the prices charged may be changed without notice to the
then prevailing price for the Services.
3.4 Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower)
per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which
payment is due.
3.5 Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due, or is otherwise deemed
insecure, Hobbs Ministries may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension,
interruption or disconnection, Customer may be required to post a deposit or such other security, as Hobbs Ministries deems necessary in
order to resume receiving the Services. In addition, if Hobbs Ministries in its sole discretion, deems Customer to be financially insecure,
Hobbs Ministries may require such other action of Customer, including letters of credit, security deposit(s), restrictions on available credit or
other action as Hobbs Ministries may require from time to time regardless of Customer’s then-current status or payment history. Failure to
satisfy Hobbs Ministries request for such action within timelines set by Hobbs Ministries may result in immediate termination of service
without further notice.
3.6 Deposits
3.7 There is a non-refundable 50% deposit required for the commencement of projects. This deposit will be applied to the ending balance
of the total amount due at the project’s completion. For projects totaling $2000 or less, payment is due in full before any work commences.
Payment is non-refundable.
3.8 Cost Adjustments: Adjustments to the original estimate are necessary when you request changes that alter the nature and scope of the
project. In the event that a cost adjustment is necessary, Hobbs Ministries will you give you prior notice.
4.0 SPECIAL OFFERS
4.1 All promotions and special offers tendered by Hobbs Ministries are subject to these same terms and agreements put forth herein, unless
otherwise indicated.
5.0 ACCEPTABLE USES
5.1 Customer shall at all times adhere to the Hobbs Ministries Acceptable Use Policy contained herein, as amended from time to time by
Hobbs Ministries effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, Hobbs Ministries
may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in
the event of notice of possible violation by Customer of the Hobbs Ministries Acceptable Use Policy. In the event Hobbs Ministries takes
corrective action due to a violation of the Hobbs Ministries Acceptable Use Policy, Hobbs Ministries shall not refund to Customer any fees
paid in advance of such corrective action.
5.2 Revisions
5.3 Once your Website copywriter submits content for your review, you are required to immediately confirm via email that you have
received it, and you are required to respond within three-five (3-5) calendar days with your specific requests for changes and modifications.
If you do not respond, you wave your right to revisions and agree to accept the content .as is. If, within the allotted time, you review the
revisions and are not satisfied, Hobbs Ministries will provide a second round of complimentary revisions. You will then have three (3)
business days of review during the second round of revisions. * Only two (2) rounds of revisions are included. Revisions in excess of two (2)
rounds will incur additional charges of $40 per round, so be exhaustive in your request for changes.
5.4 Project Timetable
5.5 You will be given an estimate detailing how long your project will take to complete. We strive to complete all projects on schedule, but
in the event that unforeseen and uncontrollable occurrences limit our ability to complete the project within the time allotted, we will give
you a new completion deadline. We are required to give you at least three (3) to five (5) calendar days notice of our intent to alter the
timetable.
Although we do not anticipate any delay in the completion of your project, occasionally unexpected occurrences do arise. We will notify
you of any unexpected delays and provide a new deadline for completion of your work. We shall not be liable for failure or
delay in performing the agreed upon obligations in this contract, if such failure or delay is due to circumstances beyond our reasonable
control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or
other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of the services.
5.6 Guarantees
We will strive to ensure that you are happy with our work, but cannot guarantee any specific results you may be seeking in connection with
this project due to numerous factors beyond our control.
5.7 Post Completion Revisions
5.8 After we have released the project to you, we are not responsible for any further changes to the document. If for any reason you request
that more revisions and modifications be done, you will be responsible for the full payment of fees commensurate with these services.
5.9 Rush Fees
5.10 If you request that work be completed within a shorter period than the standard time allotted for the nature and scope of the project,
then a rush fee of 25 to 35 percent will be added to your agreed upon total.
6.0 CANCELLATION POLICY
6.1 If, for any reason, the project is cancelled by you before its completion, we will retain the non-refundable deposit on the basis of the
time and effort expended and expenses incurred up to that point. Hobbs Ministries reserves the exclusive right to cancel your account for
nonpayment, or non-compliance with the policies and procedures set forth herein. If Hobbs Ministries has purchased equipment on behalf
of Customer, Customer shall assume responsibility for payments for such equipment, until paid in full. Notice may be sent via electronic
mail to billing@ Hobbs Ministries .com or by post to Hobbs Ministries, Attn: Billing, 4142 Stanton-Ogletown Rd., Newark, DE 19713.
6.2 Any termination by Hobbs Ministries shall not relieve Customer of any obligations to pay fees accrued prior to such termination. In the
event that a Customer primary account holder cancels a service, service will be cancelled immediately, and the remainder of any payment
that has been received forfeited. Set-up fees and domain name fees are not refundable. Hobbs Ministries reserves the right to terminate this
Agreement without cause prior to the end of the term upon thirty (30) days written notice to Customer.
7.0 IP ADDRESS OWNERSHIP
7.1 Hobbs Ministries shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Hobbs
Ministries and Hobbs Ministries reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
8.0 CACHING
8.1 Customer expressly (i) grants to Hobbs Ministries a license to cache the entirety of Customer’s Web Site, including content supplied by
third parties, hosted by Hobbs Ministries under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer
intellectual property rights or any third party’s intellectual property rights.
9.0 EQUIPMENT
9.1 Hobbs Ministries is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the
"Equipment") offered under this Agreement that was manufactured by a third party. Hobbs Ministries shall not be responsible for any
changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of
the Service(s). Any malfunction or manufacturer’s defects of Equipment either sold or provided by Hobbs Ministries to Customer or
purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of Hobbs Ministries obligations under
this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those
rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by Hobbs
Ministries only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any
Equipment, or any technical data derived from, in violation of any applicable United States or foreign law.
10.0 DISCLAIMER OF WARRANTY
10.1 Customer acknowledges and agrees that HOBBS MINISTRIES exercises no control over, and accepts no responsibility for, the content
of the information passing through HOBBS MINISTRIES host computers, network hubs and points of presence (the " HOBBS MINISTRIES
Network") or the Internet. NEITHER Hobbs Ministries, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT HOBBS MINISTRIES PROVIDES. NEITHER HOBBS MINISTRIES,
ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE,
WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. HOBBS
MINISTRIES IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR
STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY HOBBS MINISTRIES.
11.0 INDEMNIFICATION
11.1 Customer will indemnify, save harmless, and defend Hobbs Ministries and all directors, officers, employees, and agents of Hobbs
Ministries (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating
to the use of the Services by Customer, including any violation of the Hobbs Ministries Acceptable Use Policy. Such claims shall include,
but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution,
tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries
or damage to business.
12.0 LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL HOBBS MINISTRIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF HOBBS MINISTRIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event will HOBBS MINISTRIES liability for any damages, losses and causes of actions
whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which
gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the
cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so
that the above limitations or exclusions may not apply to Customer. In such jurisdictions, HOBBS MINISTRIES liability (and the liability of
its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.
13.0 FORCE MAJEURE
13.1 HOBBS MINISTRIES shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of the Services.
14.0 CONFIDENTIAL INFORMATION
14.1 Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and
communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive
property and trade secrets of the other party ("Confidential Information"). Except as provided in HOBBS MINISTRIES Acceptable Use Policy
(AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the
extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration
of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement
shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful
means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party
without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is
independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose
provided by the disclosing party; or (f) is required by law to be disclosed. Customer further agrees and acknowledges that HOBBS
MINISTRIES may disclose Customer account information in accordance with HOBBS MINISTRIES AUP and Privacy Policy, located at http:
//www.HOBBS MINISTRIES.com, as amended from time to time by HOBBS MINISTRIES effective upon posting of the revised policy at the
URL.
15.0 GOVERNING LAW
15.1 The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with
the laws of the State of Delaware.
16.0 ENFORCEMENT OF AGREEMENT
16.1 In the event it is necessary for HOBBS MINISTRIES to enforce its rights under this agreement, Customer agrees to pay all fees incurred
by HOBBS MINISTRIES (including, but not limited to, attorney's fees and collection agency fees).
17.0 AMENDMENT OR WAIVER
17.1 Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer
of HOBBS MINISTRIES. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the
exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of
any act or condition hereunder shall not constitute a waiver of the act or condition itself.
18.0 ASSIGNMENT AND SEVERABILITY
18.1 This Agreement shall be binding upon and inure to the benefit of Customer, HOBBS MINISTRIES and our respective successors, and
assigns. Customer may not assign this Agreement without the prior written consent of HOBBS MINISTRIES, which consent will not be
unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or
void, the remainder of this Agreement shall remain in full force and effect.
19.0 NOTICES
19.1 All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to HOBBS
MINISTRIES hereunder shall be given to:
Legal Department
Hobbs Ministries, a subsidiary of Training for Reigning Consulting Services, Inc.
4142 Stanton-Ogletown Rd., Suite #447 Newark, DE 19808
Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to
the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days
after it has been sent, properly addressed and with postage prepaid.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations,
understandings or agreements.
ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY HOBBS MINISTRIES MAY BE SUBJECT, IN HOBBS MINISTRIES ABSOLUTE DISCRETION, TO
SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF
SERVICE SHALL INDICATE HOBBS MINISTRIES ACCEPTANCE OF THIS AGREEMENT. USE OF THE HOBBS MINISTRIES NETWORK
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER represents and warrants that Customer has full authority and right to
enter into this Agreement. Customer further represents and warrants that Customer is at least 18 years of age.
MELBOURNE IT DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .biz, .info, .name, .travel, .cat and .mobi registrations only
PART A - Terms that apply to all domain name registrations
TERMS AND CONDITIONS
General
1. Introduction
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN). This domain name registration
agreement (Registration Agreement) is submitted by you, the applicant for, and on registration, the licence holder of a domain name
(refered to in this Agreement as you, your and the Registrant) to Melbourne IT Limited ACN 073 716 793 (Melbourne IT) for the purpose of
registering a domain name.
Part A sets out the general provisions governing all domain name registrations governed by this Registration Agreement.
Part B sets out the additional provisions specific to .com, .net and .org domain name registrations.
Part C sets out the additional provisions specific to multi-lingual domain name registrations.
Part D sets out the additional provisions specific to other domain name pre-registrations and registrations governed by this Registration
Agreement.
If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration
Agreement in respect of any domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Changes to this Registration Agreement
Melbourne IT may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice.
The period of notice given by Melbourne IT depends on the nature of the change. If:
1. the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
2. the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body) or for a technical
reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
3. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days
notice prior to the change, and
4. for all other changes, we will also give you at least 30 days notice prior to the change.
Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at www.melbourneit.com.
au/policies.
3. Licensing of Domain Name
Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name
to a third party.
4. Dispute Policy
Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT,
that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT's current dispute policy
and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name
Dispute Resolution Policy (the UDRP Dispute Policy). Registrant agrees that in respect of the pre-registration or registration of other domain
names covered by this agreement in Part D, other dispute policies may apply as specified by the registry administrator of those domain
names from time to time, as described in more detail in Part D (the "Other Dispute Policies"). Registrant agrees that Melbourne IT may
change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining
the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's
continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain
name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy.
Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as described in clause 19.
The UDRP Dispute Policy can be viewed at http://www.inww.com/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be
viewed at http://www.inww.com/policies/gtldrules.php3.
5. Agents
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent,
the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.
6. Expiration of the domain name license
i. You may renew your domain name with Melbourne IT at any time before the date 40 days after the Expiry Date (Renewal Deadline).
ii. Registrant acknowledges that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may
renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with by
Melbourne IT under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be
eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to Melbourne
IT the redemption fee (the current redemption fee is set out at http://www.melbourneit.com.au and is subject to change).
6A Additional Provisions for Undelegated and Expiring Domain Names
6A.1 On registration of a domain name with Melbourne IT as registrar Melbourne IT may by default delegate that name to resolve to a
Melbourne IT Parked Page. Registrant acknowledges and agrees that the Melbourne IT Parked Page may include a statement and graphics
to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party
websites, advertising of Melbourne IT products and services and advertising content from or about a third party and/or their products and
services. Registrant may opt-out of the display of the Melbourne IT Parked Page prior to the Expiry Date by:
6A.1.1 registering the domain name with a Melbourne IT Authorised Reseller who has agreed with Melbourne IT not to participate;
6A.1.2 delegating its domain name to a different nameserver; or
6A.1.3 giving written notice to Melbourne IT Limited at Level 2, 120 King Street, Melbourne 3000 Australia (or such other business address
notified from time to time by Melbourne IT on its web site).
6A.2 At the request of the Registrant Melbourne IT may provide its Private Registration Service (which includes, without limitation, updating
certain public contact details associated with the domain name such as the postal address and email address in the WHOIS database) with
respect to the domain name for the period up to and including the Expiry Date on the following terms.
6A.2.2 The Private Registration Terms located at http://www.melbourneit.com.au/policies/privateregpolicy.php (as may be updated from
time to time) are hereby incorporated into this Agreement by reference.
6A.2.4 Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the
Private Registration Terms.
6A.2.5 Melbourne IT may charge Registrant a fee for the provision of the Private Registration Service as notified to the Registrant from time
to time. Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and
payment provisions contained in the Private Registration Terms
6A.2.6 Registrant may terminate the provision of the Private Registration Service:
6A.2.6.1 in the case of changing the fee for the Private Registration Service, at any time by at least 30 days written notice to Melbourne IT;
or 6A.2.6.2 at any other time in accordance with the Private Registration Terms.
6A.3 Melbourne IT may elect to lock the domain name at any time and Registrant may unlock the domain name at any time subject to any
relevant policies, procedures and processes (for example, relating to a UDRP dispute).
6A.5 Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) any domain name registered through Melbourne
IT as registrar to resolve to a Melbourne IT Parked Page.
6A.6 Melbourne IT may from the Expiry Date:
6A.6.1 state that the domain name may become available to be acquired or transferred to a third party following the expiration of the
Renewal Deadline via the Melbourne IT Parked Page or such other means reasonably determined by Melbourne IT; and
6A.6.2 Melbourne IT may continue to supply Melbourne IT's Private Registration Service to Registrant in connection with the domain
name) in accordance with the Private Registration Terms, at no cost to Registrant.
6A.7 If Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may transfer the domain name to a third party
(Transferee) on Registrant's behalf and as Registrant's agent (Registrant Domain Name Transfer).
6A.8 In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that:
6A.8.1 Melbourne IT may use a third party provider of auction services and/or sale services in connection with the transfer of domain names
(Third Party Provider);
6A.8.2 Melbourne IT has full authority to act as Registrant's agent (including to exercise any rights under any terms and conditions) to effect
the Registrant Domain Name Transfer, and any such acts will be deemed as an act validly performed by the Registrant;
6A.8.4 Melbourne IT will notify Registrant by email following receipt of any fees received by Melbourne IT in cleared funds from a
Transferee for a Registrant Domain Name Transfer. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if
required, under this clause 6A.8.4. if Registrant keep its contact details with respect to the domain name up to date. Registrant therefore
agrees that Registrant will be solely responsible for keeping such contact details up to date;
6A.8.5 Registrant may receive a transfer price commission, as specified from time to time at www.melbourneit.com.au/help/index.php?
questionid=50103, which link or transfer price commission may be updated or amended by Melbourne IT from time to time (Transfer Price
Commission) subject to:
6A.8.5.1 Registrant applying to Melbourne IT for that Transfer Price Commission within ninety days of the email notification referred to in
clause 6A.8.4, in accordance with the process notified from time to time by Melbourne IT to Registrant (Transfer Price Commission
Application); and
6A.8.5.2 Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT's standard authentication procedures, as
applicable at the relevant time;
6A.8.6 If eligible and the Registrant has provided Melbourne IT with the Transfer Price Commission Application (but not otherwise),
Registrant, will be paid the Transfer Price Commission within 30 days of receipt by Melbourne IT of the Transfer Price Commission
Application (Payment Date Period) and in a manner determined by Melbourne IT in its sole discretion (including but not limited to, by a
transfer of funds via a Paypal™ account or similar service), such manner to be detailed in an email communication to Registrant within the
Payment Date Period. Registrant acknowledges that if Melbourne IT determines to pay the Transfer Price Commission via a Paypal™
account or similar service, Registrant will only be able to receive the Transfer Price Commission in the event that Registrant sets up an
account with Paypal™ account or that other service (if applicable); and
6A.8.7 If eligible the Registrant will be paid any Transfer Price Commission (if applicable):
6A.8.7(A) subject to clause 6A.8.7(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to
the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or
6A.8.7(B) if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer
Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission
paid to Registrant:
6A.8.7(B)(i) will be paid inclusive of any goods and services tax ("GST") but exclusive of any other tax or charge which may apply to the
commission under any relevant law, and for which Registrant shall be responsible; and
6A.8.7(B)(ii) will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements
of the GST legislation then in force.
6A.9 Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.5 or 6A.6, any services in
connection with the domain name (including without limitation, any email services) will cease.
6A.10 Registrant agrees that Melbourne IT may cease and not complete a Registrant Domain Name Transfer for any reason at any time
(including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply
with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with
any request from such party to do so).
6A.11 Nothing in this clause 6A will constitute an obligation for Melbourne IT to effect or an express or implied guarantee or warranty that
Melbourne IT will be successful in effecting a Registrant Domain Name Transfer. In addition Melbourne IT takes no responsibility for (and
will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale
of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain
name by the Third Party Provider.
6A.12 Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT's sole discretion, is
inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to
exercise any other right available to Melbourne IT under this Agreement.
7. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the registry administrator has any liability to the Registrant
or the Registrant's agent for any loss Registrant may incur in connection with Melbourne IT's processing of this Registration Agreement,
Melbourne IT's processing of any pre-registration application or application for a domain name, the processing of any authorized
modification to the domain name's record during the covered registration or renewal period, any action (or inaction of either Melbourne IT
or any Third Party Provider under clause 6A), or the failure by the Registrant or the Registrant's agent to pay a pre-registration fee or other
fee (including, without limitation, any registration fee or renewal fee), or as a result of the application of the provisions of the relevant
domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter
exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the
services.
8. Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT and the registry administrator, their directors, officers,
employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable
legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal or pre-registration, or to the Registrant's
use of the domain name. This clause survives termination of this Agreement.
9. Breach
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy
(including, without limitation, any domain name dispute policy that applies during a pre-registration period) may be considered by
Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty
(30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not
breached its obligations, then Melbourne IT may delete Registrant's registration of the domain name. Any such breach by a Registrant shall
not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant.
Notice may be given by mail, facsimile or electronic means.
10. No Warranty by Melbourne IT
Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the
relevant domain name, nor does it confer immunity from objection to the pre-registration, registration or use of the domain name.
11. Acknowledgements and Warranty
(i) Registrant acknowledges that it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to
the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the registry administrator, their directors, officers,
employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by
Registrant.
(ii) Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in
which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.
12. Revocation
Registrant agrees that Melbourne IT may delete a Registrant's domain name if any information required to be supplied by the Registrant
under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information
Melbourne IT would likely consider material to its decision to approve this Registration Agreement.
13. Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy may provide that registration of certain domain names is prohibited.
Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees
that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees
that Melbourne IT is not liable for loss or damage that may result from Melbourne IT's refusal to accept this Registration Agreement.
14. Change in Registrar
Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy.
Registrant agrees it may not change its Registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne
IT.
15. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by
any registry administrator procedure approved by ICANN policy:
15.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
15.2 for the resolution of disputes concerning the domain name; or
15.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name. In addition to the above
rights, Melbourne IT may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain
Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in
connection with any:
15.4 activity that infringes the intellectual property rights or other rights of any third party;
15.5 activity that defames or disparages any third party; or
15.6 otherwise illegal or fraudulent activity, or otherwise in accordance with Melbourne IT's Acceptable Use Policy.
16. Payment
16.1 The registration fee is payable with the Application.
16.2 Registration is not effective until the Registration fee has been paid and cleared.
16.3 The registration is for the full period of years selected and paid for at the time of Application or renewal.
16.4 All fees are non-refundable.
17. Non payment
Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant's
payment method company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration fee, or where
the Registrant's credit card or PayPal payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant
domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of
the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 16, including the right to
sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject
to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Melbourne IT's then current re-transfer fee.
17. Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect
the remaining terms or provisions, which shall continue to be binding.
18. Application Details
Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the
discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant
undertakes to promptly correct and update Information during the registration or renewal period and to respond within fifteen (15) calendar
days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and
Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute
policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
19. Use of Information
19.1 Registrant acknowledges Information obtained from Registrant will be:
19.1.1 transmitted to the registry administrator for registry use
19.1.2 publicly available as required by ICANN, the registry or the relevant regulator;
19.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
19.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by
Melbourne IT. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Melbourne
IT of its current agent as required by Melbourne IT.
19.3 Registrant consents to the use of the Information for the purposes set out in clauses 19.1.1 to 19.1.3.
19.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided
to Melbourne IT, the same information about use of those details as are set out in this clause 19, and that the third parties individually have
consented to use of their personal data.
19.5 Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 19.
Melbourne IT will process Information in accordance with the terms of its Privacy Policy, which can be viewed at http://www.melbourneit.
com.au/privacy/.
19.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised
access or disclosure, alteration or destruction.
20. Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect
the remaining terms or provisions, which shall continue to be binding.
21. Entirety
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain
name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and
Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute
policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
22. Governing Law
22.1 Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia.
22.2 In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any
transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction
and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from
such Courts.
22.3 In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising
from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Melbourne IT is located.
23. General
23.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
23.2 Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any
provision to be performed at any time thereafter.
Part B - Terms that apply to .com, .net, .org domain name registrations only
24. .com, .net and .org registry operators
Verisign Global Registry Services is the registry administrator responsible for administering the .com and .net domain name registry. Public
Interest Registry is the registry administrator responsible for administering the .org domain name registry.
PART C - Multilingual Registrations
25. Special Provisions for ML.Registrations
Registrants who register an Internationalised Domain Name (hereafter referred to as a 'Multilingual domain name') acknowledge that the
Multilingual system is at all times subject to any change in standards published from time to time by the Internet Engineering Task Force
('IETF').
As at the date of this Agreement, IETF standards have been implemented for .com, .net and .org Multilingual domain names.
Registrant acknowledges and agrees that any changes or amendments to these IETF standards may cause the internal representation of a
Multilingual domain name or the licence period of a Multilingual domain name to change, become invalid, or, be deleted. Such
occurrences will be resolved on a case-by-case basis by Melbourne IT, as they occur, to the extent that Melbourne IT is able to do so.
No .org Multilingual domain name may be registered from the date of this Agreement, unless Melbourne IT provides notification to the
contrary.
REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE EXTENT THAT SUCH REGISTRATION OR
RENEWAL IS AVAILABLE OR PERMITTED) DO SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT
AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND THE REGISTRY ADMINISTRATOR, THEIR
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT
AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE
OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE INVALIDITY OF
ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY FEES PAID OR PAYABLE WILL BE MADE IF ANY
MULTILINGUAL DOMAIN NAME IS CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.
PART D - Terms that apply to other domain name pre-registrations and registrations
26. .biz, .info, .name, .travel and .cat Domain Names
A Should you seek to register a .biz second level domain name, you must contractually agree to the following terms:
1. BIZ REGISTRY OPERATOR
NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry.
2. 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:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) 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.
3. BIZ CERTIFICATION
As a .biz domain name Registrant, you hereby certify to the
a) 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.neulevel.biz/faqs/.
b) The domain name Registrant has the authority to enter into the registration agreement; and
c) The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
4. PROVISION OF REGISTRATION DATA
4.1 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: (i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is
an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the
domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will
be publicly available and accessible on the Whois 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. For bulk services in respect of the registration
data which are provided by Melbourne IT, if the Registrant does not consent to the use of such information for inclusion in registers and
data bases produced by Melbourne IT or its licensees, then the Registrant is required to provide non consent verification stating name,
address, date and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, 120 King Street, Melbourne
3000 Australia.
4.2 Inaccurate or Unreliable Data.
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
Whois 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.
4. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .biz domain name through the registry administrator, 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
the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this
Agreement:
i. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/ardp/docs/stop.html; and
ii. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP 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
that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry
administrator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited dispute resolution providers. 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 SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that the registry administrator, in its sole discretion, may modify its dispute policy. The registry administrator will post any such
revised policy on its Website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.
6. RESERVATION OF RIGHTS
Melbourne IT and the .biz registry administrator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it
deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal,
on the part of Melbourne IT and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT
and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
B Should you seek to register a .info second level domain name, you must contractually agree to the following terms:
1. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
2. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by
the .INFO registry administrator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with
ICANN.
3. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry
administrator for domain names registered during the Sunrise Period, These policies are subject to modification by the registry administrator.
4. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure
to correct this information shall constitute a breach of this Agreement. Registrant acknowledges that the registry administrator will have no
liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush
Period including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land
Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
5. Registrar and the registry administrator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the
part of Registrar and/or the registry administrator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the
registry administrator also reserve the right to freeze a domain name during resolution of a dispute.
C Should You seek to register a .name third level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. You acknowledge that your right to register a .name domain name is subject to You complying with the .name eligibility requirements,
which are set out on the website of the .name registry administrator, and which are currently located at http://www.gnr.name/ (the "Eligibility
Requirements"). You agree that your registration of any .name domain name will be in compliance with the terms of the Eligibility
Requirements, as these may be amended by the .name registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .name acceptable use policy,
which is set out on the website of the registry administrator, and which is currently located at http://www.gnr.name/ (the "Acceptable Use
Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .name registry administrator from time to time.
4. In addition to the UDRP Process described in Clause 4, You agree that on successful registration of a .name domain name, You will be
bound by the Eligibility Requirements Disputes Resolution Policy (the "ERDRP"). The ERDRP is set out on the website of the registry
administrator, and is currently located at http://www.gnr.name/, and should be read in conjunction with the following related information:
i) Summary of Eligibility Requirements Dispute Resolution Policy (which is currently located at http://www.gnr.name/);
ii) Disputes: Filing a Complaint (which is currently located at http://www.gnr.name/);
iii) ERDRP Rules (which is currently located at http://www.gnr.name/); and
iv) ERDRP Dispute Resolution Providers (which is currently located at http://www.gnr.name/).
You agree to be bound by the ERDRP, as this policy (and any related information as described above) may be amended from time to time
by the registry administrator.
D Should you seek to register a .travel second level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. ELIGIBILITY REQUIREMENT. Registrations in the .travel name space are restricted to people, organizations, associations and private,
governmental and non-governmental agencies in the travel and tourism industry. Registrant acknowledges that its right to register a .travel
domain name is subject to Registrant complying with the .travel eligibility requirements, which are set out on the web site of the .travel
registry administrator, and which are currently located at www.tralliance.info/ (the "Eligibility Requirements"). Registrant agrees that the
registration of any .travel domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by
the .travel registry administrator from time to time. The Eligibility Requirements are incorporated herein by reference.
3. CONTINUING ELIGIBILITY. Registrant agrees to maintain its eligibility to hold a .travel license throughout the term of the license,
including renewal. If Registrant ceases to be a member of the travel or tourism industry as defined by the current policies of the Registry,
Registrant must give notice of such change within 14 days of ceasing to be eligible to hold the license. In the event that Registrant does not
notify the Registry of such change of status, the Registry will revoke all registrations held by Registrant immediately upon becoming aware of
the change of status.
4. WARRANTIES. Registrant warrants that:
i) Registrant understands and meets the Eligibility Requirements;
ii) Registrant's selected domain name meets the requirements of the .travel Registry Policies (currently located at http://www.tralliance.info/);
iii) Any information provided by Registrant is accurate and complete and any future changes to this information will be provided in a timely
manner;
iv) Registrant has the authority to enter into the Registration Agreement;
v) Registrant is able to enter into this agreement and if a real person is of legal age; and
vi) Registrant's domain name is not registered for an unlawful purpose.
5. INFORMATION REQUIREMENT. Registrant acknowledges that any travel organization assisting the Registry in the authentication process
will be required to solicit and receive an update of all authentication data from Registrant within 30 or up to 60 days prior to the anniversary
date of registration. In the event that Registrant is no longer eligible to hold the license, Registrant will be given 30 days to provide updated
data which confirms Registrant's eligibility. Where such authentication data is not provided by Registrant or does not confirm Registrant's
eligibility, the Registry will inform Registrant and Registrant will have the right to request a review of the denial as if it had been an initial
registration. Should Registrant remain ineligible at the end of the review, the Registry will revoke the registration.
6. DISPUTE RESOLUTION In addition to the UDRP Process outlined in Clause 4, Registrant agrees that on successful registration of a .
travel domain name, Registrant will be bound by the following:
i. in relation to disputes by any third party that Registrant is not eligible to hold a .travel domain name, the ICANN Charter Eligibility Dispute
Resolution Policy (CEDRP); and
ii. in relation to a formal complaint by Registrant over a denial of Registrant's eligibility to hold a .travel domain name, a decision of the
Domain Name Denial Review Panel of the Travel Partnership Corporation (TTCP).
7. REVOCATION OF LICENSE. In addition to clause 14, Melbourne IT and the Registry administrator may revoke Registrant's license to use
a .travel domain name for the following reasons:
i) to protect the integrity and stability of the Registry;
ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement or any dispute resolution process;
iiii) to avoid any liability, civil or criminal, on part of Registry as well as its affiliates, subsidiaries, agents, officers, directors, and employees;
iv) for violations of this Agreement or any ICANN or Registry policy;
v) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
vi) if Registrant ceases to be a member of the eligible community defined by the .travel Charter and policies;
vii) failure by Registrant to comply with any .travel policy that applies to Registrant at any time;
viii) if Registrant's .travel domain name or Registrant's use of the .travel domain name is not in the best interests of the travel community; and
ix) if any information provided by Registrant in the course of registration is incorrect.
8. RESERVATION OF RIGHTS. Melbourne IT and the .travel registry administrator, Tralliance Corporation, expressly reserve the right to
deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of Melbourne IT and/or Tralliance Corporation., as well as their affiliates,
subsidiaries, officers, directors and employees. Melbourne IT and Tralliance Corporation also reserve the right to freeze a domain name
during resolution of a dispute.
9. ICANN POLICY. Registrant must comply with all ICANN and .travel registry and registry administrators standards, policies, procedures and
practices as notified to if from time to time by Registrar.
10. THIRD PARTY BENEFICIARY. Registrant acknowledges that the .travel registry administrator is an intended third party beneficiary of this
Registration Agreement.
11. INDEMNITY. Without limiting clause 7, Registrant agrees to indemnify, keep indemnified and hold the .travel registry and registry
administrator, their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents,
predecessors, successors and assigns harmless from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities
of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant's domain name
registration.
E Should you seek to register a .cat second level domain name you must contractually agree to the following terms:
1. Fundaciò puntCAT is the registry administrator responsible for administering the .cat domain name registry.
2. You acknowledge that your right to register a .cat domain name is subject to You complying with the .cat eligibility requirements, which
are set out on the website of the .cat registry administrator, and which are currently located at http://www.puntcat.cat (the "Eligibility
Requirements"). You agree that your registration of any .cat domain name will be in compliance with the terms of the Eligibility
Requirements, as these may be amended by the .cat registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .cat acceptable use policy,
which is set out on the website of the registry administrator, and which is currently located at http://www.puntcat.cat (the "Acceptable Use
Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as
these may be amended by the .cat registry administrator from time to time.
4. REGISTRATION AGREEMENT. The registrant agrees to be bound by the .cat Registration Agreement between the registrant and .cat
registry administrator, as may be updated from time to time. The .cat Registration Agreement is located at http://www.puntcat.cat.
F Should you seek to register a .mobi second level domain name you must contractually agree to the following terms:
1. mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry.
2. You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style
Guide (www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.
mtld.mobi) for compliance with the StyleGuide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by
the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes
in the time allotted.
3. INDEMNITY. Without limiting clause 7, you agree to indemnify, defend, keep indemnified and hold Affilias Limited (Registry Services
Provider), its directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and
expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name registration, renewal or pre-
registration, or to your use of the domain name. This clause survives termination of this Agreement.
4. THIRD PARTY BENEFICIARY. Notwithstanding anything in this agreement to the contrary, the registry administrator is and shall be an
intended third party beneficiary of this Agreement. As such, the you acknowledge and agree that the third party beneficiary rights of the
registry administrator have vested and that the registry administrator has relied on its third party beneficiary rights under this agreement in
agreeing to Melbourne IT being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights shall survive any
termination or expiration of this agreement.
5. POLICY. You must comply with all ICANN and .mobi registry and registry administrator's standards, requirements, policies, procedures and
practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi, and as notified
from time to time by the registry administrator or Melbourne IT ('Registry Policies'). You agree that your registration of any .mobi domain
name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time
to time.
6. USE OF PERSONAL DATA. You consent to the use, copying, distribution, publication, modification and other processing of your
personal data by the registry administrator and its designees and agents for such purposes as may be notified to Melbourne IT by the registry
administrator from time to time. You otherwise agree to the provisions of clause 22 of this Agreement.
7. APPLICATION DETAILS You agree to be bound by the provisions of clause 21 of this Agreement.
8. You agree to be bound by the terms and conditions of the initial launch and general operations of the registry administrator, including
without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the
Premium Name Allocation Process, and the General Registration Period (as outlined at www.mtld.mobi), and further acknowledge that the
registry administrator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process,
and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered name
during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
9. REVOCATION, TRANSFER AND CANCELLATION OF LICENSE. Without limiting clause 14, you acknowledge and agree that the .mobi
registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws,
government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; to avoid any liability,
civil or criminal, on the part of the registry or any registrar in connection with a domain name registration. The registry also reserves the right
to freeze a registered name during resolution of a dispute.
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