Domain Names

Domain Name Terms

These terms relate to the purchase of domain names.

Representations

iTech Matters is not part of the domain name systems, nor does it grant licensing for domain names. Domain registries are independently run and beyond our control.

We are resellers for the relevant domain name registrars.

The domain name Registrar's obligations include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies;

  • Carrying out limited functions on behalf of the registry operators;
  • Serving as a registrar of record;
  • Provision of online facilities for the management of domain names; and
  • Provision of other, related services.

This document contains the terms and conditions that apply between you, us and the services provided by the Registrar.

Please refer to Registry Policies for related information.

Application of these terms

You acknowledge and irrevocably agree that:

  • Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
  • You can only expect Services in accordance with the terms of this Agreement;
  • In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement; and
  • Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.

 

Registry requirements

Most registry operators have terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses. By purchasing domain name services from us you indicate that you acknowledge and agree that your domain name application, transfer or renewal is governed by, and is compliant with, the separate registry policies that relate to your requested domain name. A list of Registries can be found here.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately. You acknowledge and agree that we are unable to guarantee the list of registry policies provided in the above paragraph is up-to-date, accurate or complete.

Some registry requirements are set out in this service agreement, others will be found online, or through the link provided above. A registry operator may have or introduce new ones. You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable nexus and other registry requirements from time to time.

Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at ICANN.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable to enforce registry requirements against third parties

 

Indemnity and Liability

You acknowledge and agree to the extent permitted by the law, to indemnify, defend and hold harmless the relevant Registry, its parent company, subsidiaries, service providers, shareholders, and subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, your domain name registration.

You acknowledge and agree that the Registry, Registrar, its subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder's Program, Premium domain or Auction processes, including, without limitation:

  • our ability or inability to reserve a name in the Registry TLD through this process, and
  • any dispute between any parties arising in connection with this process.

You agree that your obligations under this clause shall survive the termination or expiration of this Agreement.

Registration Information

You agree to provide accurate information for the Registered Name (including email address confirmed by return email or other method).

You agree to immediately correct and update the registration information for the domain name during the registration term for the Registered Name, including Personal Data associated therewith.

Personal Data

The Registry shall handle, collect and use Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy, and for the purposes of providing Registry Services as defined in ICANN's Registry Agreement (including but not limited to publication of registration data in the directory services, also known as “WHOIS” or “RDDS”). The relevant Registry Agreement can be found here.

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis or other business purposes, provided that this use will not disclose individual personal data. This paragraph does not apply to publically available information.

You acknowledge and agree to the use, copying, distribution, publication, modification and other processing of your Personal Data by the Registry and its designees and agents in a manner consistent with the purposes specified in the above paragraph, current ICANN policies, and with relevant mandatory local data protection, laws and privacy.

Right to deny

You acknowledge and agree that the Registrar and the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion:

  • to protect the integrity and stability of the Internet or Registry;
  • to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g. RFCs);
  • to comply with any Applicable Laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
  • to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; for the non-payment of fees;
  • per the terms of this Agreement or the Registry policies;
  • to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement;
  • to correct mistakes made by the Registry or any Registrar in connection with the domain name registration; or
  • to protect the rights and property of the Registry and to avoid any potential or actual liability, civil or criminal, on part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

Dispute Resolution

You submit to proceedings commenced under:

You also agree to comply with other dispute policies set forth by the Registry from time to time in the relevant Registry's Policies, including but not limited to processes for suspension of a domain name demanded by intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry.

You must:

  • Comply with the ICANN published policy with regards to any dispute; and
  • Release us of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.

Prohibited Use

You acknowledge that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaged in activity contrary to applicable law. The consequences for such activities may include the suspension of your domain name.

Domain name application

In order to apply for a domain name license, you must:

  • Complete our application form in full;
  • Read and agree with our service agreement;
  • Submit the appropriate registration fee; and
  • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application's success is fulfilled only if:

  • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department;
  • Your application complies with the association requirements and policies of the applicable registry operator;
  • The applicable registry operator approves your application and permits the issue of domain name license; and
  • We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no 'owner'. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer (and so on) of a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

  • You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:

  • sending an email to the registrant's email address; and/or
  • sending a notice to the registrant's postal address as recorded in the WHOIS information for that domain name.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

  • Agree to any fees required as directed;
  • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator; and
  • Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

  • The renewal fee has been paid and honoured;
  • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator;
  • The relevant registry operator approves the renewal request; and
  • We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

  • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator;
  • Ensure that the transferor pays any outstanding fees owing to us;
  • Pay any specified fee's relating to the process of a registrant change;
  • Supply satisfactory documentation identifying both the transferor and transferee; and
  • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

Privacy & WHOIS Service

When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator's policies and requirements.

For .au domain registrations please see auDA's WHOIS policy

All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies at policies, both provided and referred by the Private Registry Authority.

Reports regarding abuse relating to domain name registration, as well as infringement of trademark and/or third party rights may be reported by email to abuse@itechmatters.com.au. All reports are reviewed by staff representatives of us, registrar staff (where applicable), and other third parties such as the Private Registry Authority. When required by law or the relevant registry, Private Registration services may be removed.

Any written correspondence or documentation, including any sent by facsimile and email to listed Private Registration addresses may be received by us, Registrar staff, and/or other third parties. Such correspondence or documentation may be forwarded at our discretion, or will be forwarded if required by law.

Private Registration services may cease or be terminated immediately if required by law, when such action is required in our discretion to comply with any legal obligation or to avoid being a third party to any action, in order to comply with any applicable registry rules, policies, or procedures, or if you fail to in our view comply with of any provision of this Agreement through your use of the Services.

Notwithstanding whether private registration services are active in the WHOIS service, you acknowledge that Registrant contact information may be supplied to registries (including ICANN) as required of us, the Registrar, and/or other third parties. While this would extend to all domain registration data that is regularly escrowed by all registrars by Agreement with ICANN, we acknowledge that underlying registrant data is escrowed rather than the information immediately available through private registration services, and that information displayed in the WHOIS service is unlikely to be affected unless required by law, unless we or the Registrar cease business, or immediately upon (or following) the termination of any Private Registration services.

Customer support may be provided by us in respect of Private Registration services.

Domain name cancellation

If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators' policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services.

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

Limitation on liabilities

This agreement does not exclude some laws. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

  • We exclude all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition");
  • The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, in respect to providing any amount of account credit, refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement);
  • We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us;
  • You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit; and 
  • You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.

You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.

Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person. You release use from any claim arising from action affected with relation to this clause.

Search engine optimisation

You acknowledge that we do not have direct control over search engine placement. We use our best endeavours to maintain a high position for your web site, no ongoing guarantee of placement position is made or implied.