Registrant Agreement

Terms and Conditions for Domain Name Licence of Gov.au Domain Names

This document sets out the terms and conditions of your application for a Domain, and if successful, your Domain Name Licence.� It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, Department of Finance and Deregulation.

1.Definitions

In this document, unless the context requires otherwise:

auDA means .au Domain Administration Limited ACN 079 009 340, the industry self-regulatory body responsible for administering domain names with the .au suffix.

Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.

Domain Name Licence means your licence to use the Domain Name which is the subject of your application.

Finance means the Australian Government Department of Finance and Deregulation or such agency or department as may, from time to time, administer this agreement on behalf of the Australian Government.

Government Domain Policies means those specifications and policies established and published by Finance, and can be found at Domain Policies.

Registry Operator means the operator of the domain names registry for the Domain Name.

Registry Service means the service provided by the Registry Operator in relation to operation of the Registry. This includes maintenance of a centralised database of domain name data and provision of a WHOIS service.

We, our or us refer to Department of Finance and Deregulation

You or your refer to the government entity applying for, or the holder of, a Domain Name Licence.

2.General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

3.Domain names application and registration

3.1�� Your application for a Domain Name must be in the form prescribed under the Government Domain Policies.� The Domain Name must comply with the Government Domain Policies.
3.2�� You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in the course of performing our final integrity checks.
3.3�� You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
3.4�� All personal information pertaining to you is held by the domain name registry for the benefit of the Australian public.

4.Domain name licence

4.1�� Your Domain Name Licence will be effective for a two year period, once:
  • your application is accepted and approved by us and by the Registry Operator, and
  • you have paid the applicable fees,
unless it is cancelled earlier under the terms of this document or under any Government Domain Policies.
4.2�� Your Domain Name Licence may be renewed every two years, as long as you:
  • pay the applicable renewal fees, and
  • continue to meet the eligibility criteria prescribed in the Government Domain Policies.
4.3�� You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.�
4.4�� You may cancel your Domain Name Licence at any time by notifying us in writing.
4.5�� We may cancel your Domain Name Licence if you breach any provision of this document or the Government Domain Policies.

5.Your statement to us

5.1�� You confirm and state to us and to auDA separately that:
  • all the information set out in your Domain Name application, and all information you give us, is true and correct, and not misleading or deceptive, and
  • you meet, and continue to meet, the eligibility criteria prescribed in the Government Domain Policies for registering the Domain Name.
5.2�� You accept that if any of the above statements is found to be incorrect, then either we or auDA may cancel your Domain Name Licence.
5.3�� You agree to indemnify auDA for any loss or damage suffered by auDA as a result of any of us relying upon your above statements.

6.Our obligations to you

6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

7.Your obligations to us

7.1�� Throughout the period of your Domain Name Licence, you must:
  • comply with the Government Domain Policies, and
  • >give notice to the Registry Operator (through us) of any change to any information which you have given us.
7.2�� You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:
  • register a domain name for the purpose of selling it, or
  • register a domain name for the purpose of diverting trade from another business or web site, or
  • deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or
  • register a domain name and then passively hold a Domain Name Licence for the purpose of preventing another person from registering it.
7.3�� You must not:
  • transfer or purport to transfer a proprietary right in any Domain Name registration, or
  • grant or purport to grant a registered Domain Name as security, or
  • encumber or purport to encumber a Domain Name Licence.

8.Use of your information

You agree that:

8.1�� we have the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Government Domain Policies;
8.2�� we have the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
8.3�� the Registry Operator has the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Government Domain Policies.

9.Dispute resolution

9.1 You agree that any disputes arising under this agreement will be managed in accordance with the gov.au Dispute Resolution Policy available at Domain Policies.

10.�� Limitation of liability

10.1������You acknowledge and agree that:
  • You will not pursue any claim against auDA or against us, and neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document, or under our registrar agreement with auDA;
  • neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person; and
  • despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
10.2����� Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

11.�� General

11.1������ In this document:
  • a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
  • a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
  • headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
  • where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
11.2������ All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
11.3������ If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
11.4| | | | | | This document is governed by and is to be construed in accordance with the laws of Commonwealth of Australia, Australia.| Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Australian Capital Territory, Australia and waives any right to object to proceedings being brought in those courts.