Registration Agreement
30 March 2000
1. AGREEMENT
In this Service Agreement ("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Crosstron Pty. Limited ACN 090 674 365
and "Services" refers to the services provided by us. This Agreement explains
our obligations to you, and explains your obligations to us for various Services.
By selecting our Services you have agreed to establish an account with us for
such Services. When you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional Services or to cancel your
Services (even if we were not notified of such authorization), this Agreement
covers such service or actions. By using the Services under this Agreement,
you acknowledge that you have read and agree to be bound by all terms and conditions
of this Agreement and any pertinent rules or policies that are or may be published
by us.
2. SELECTION OF A DOMAIN NAME
We cannot and do not check to see whether the domain name you select,
or the use you make of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you select or its use
infringes legal rights of others, and in particular we suggest you seek advice
of competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware that
there is the possibility we might be ordered by a court to cancel, modify, or
transfer your domain name. You should be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we may turn to you to hold
us harmless and indemnify us.
3. FEES, PAYMENT AND TERM
As consideration for the services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are non-refundable unless
we provide otherwise. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). You hereby grant
us the right to disclose to third parties such Account Information. The Registrant,
by completing and submitting the Domain Name Registration Agreement ("Registration
Agreement"), represents that the statements in its application are true and
that the registration of the selected Domain Name, so far as the Registrant
is aware, does not interfere with or infringe upon the rights of any third party.
The Registrant also represents that the Domain Name is not being registered
for any unlawful purpose.
4. MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s)
on our web site, or on notification to you by e-mail or regular mail as per
the Notices section of this agreement, Section 20. You agree to review our web
site, including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or regular mail
as per the Notices section of this agreement, Section 20. Notice of your termination
will be effective on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes. You further agree
to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as
amended from timeto time. 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. You acknowledge that if you
do not agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your
Account Identifier and Password that you selected when you opened your account
with us. Please safeguard your Account Identifier and Password from any unauthorized
use. In no event will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound the Dispute Policy
which is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at our web site: http://registerat.once.com.au/udrp.htm
Please take the time to familiarize yourself with such policy.
7. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified in the Dispute
Policy in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. For any
dispute, you agree to submit to the jurisdiction of the courts of your domicile,
the courts of the geographic location indicated by your WHOIS information for
your domain name, and the courts of New South Wales, Australia.
8. AGENTS
You agree that, if an agent for you (i.e., an Internet Service Provider, employee,
etc.) purchased our Services on your behalf, you are nonetheless bound as a
principal by all terms and conditions herein, including the Dispute Policy.
9. ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information to add security
or to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such Service(s). We and our contractors
shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or for
the cost of procurement of substitute services. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental damages,
in such states, our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your Account Identifier or Password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss
or liability resulting from the development or interruption of your Web site
or email service. The registrant agrees that we will not be liable for any loss
of registration and use of registrant's domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been advised
of the possibility of such damages. In no event shall our maximum liability
exceed five hundred (US$500.00) dollars.
11. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
E-mail Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a breach
of your Agreement and may result in deactivation of your domain name.
12. BREACH
You agree that failure to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by us, may be considered by us
to be a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name or terminate your
e-mail account without further notice. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier in response to that, or
any other breach by you.
13. NO GUARANTEE
You agree that, by registration or reservation of your chosen domain name, such
registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES
You agree and warrant that the information that you provide to us to register
or reserve your domain name or register for other Services is, to the best of
your knowledge and belief, accurate and complete, and that any future changes
to this information will be provided to us in a timely manner according to the
modification procedures in place at that time. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. we expressly disclaims all warranties of
any kind, whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained through the
our e-mail service or that defects in the Services software will be corrected.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the our e-mail service is done at your own discretion
and risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased or obtained
through the e-mail service or any transactions entered into through the e-mail
service. No advice or information, whether oral or written, obtained by you
from us or through the e-mail service shall create any warranty not expressly
made herein. Some jurisdictions do not allow the exclusion of certain warranties,
so some of the above exclusions may not apply to you.
15. REVOCATION
You agree that we may delete your domain name or terminate your right to use
other Services if the information that you provided to register or reserve your
domain name or register for other Services, or subsequently to modify it, contains
false or misleading information, or conceals or omits any information we would
likely consider material to our decision to register or reserve your domain
name. You agree that we may, in our sole discretion, delete or transfer your
domain name at any time.
16. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services, or to delete your
domain name within thirty (30) calendar days from receipt of your payment for
such services. In the event we do not register or reserve your domain name or
register you for other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that
may result from our refusal to register or reserve, or delete your domain name
or register you for other Services.
17. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain
in full force and effect.
18. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise between
the parties.
19. NON-WAIVER
Our failure to require performance by the Registrant of any provision hereof
shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
20. NOTICES
Any notice, direction or other communication given under this Agreement shall
be in writing and given by sending it via e-mail or via regular mail. In the
case of e-mail, valid notice shall only have been deemed to have been given
when an electronic confirmation of delivery has been obtained by the sender,
in the case of notice to us to registrar@once.com.au
or, in the case of notice to you, at the e-mail address provided by you in your
WHOIS record or as updated from time to time. Mail shall be sent to "The
Registrar, Crosstron Pty. Limited, P.O. Box 66, Randwick NSW 2031, Australia
and to you at the mailing address provided in your WHOIS record or as updated
from time to time. Any e-mail communication shall be deemed to have been validly
and effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m.E.A.S.T and otherwise
on the next business day. Any communication sent via regular mail shall be deemed
to have been validly and effectively given 5 business days after the date of
mailing.
21. ENTIRETY
You agree that this Agreement, the rules and policies published us and the Dispute
Policy are the complete and exclusive agreement between you and us regarding
our Services. This Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice, policy or precedent.
22. GOVERNING LAW
This Agreement shall be governed by and interpreted and enforced in accordance
with the laws of the State of New South Wales and the Federal Laws of Australia
applicable therein without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the Courts of New South
Wales and you irrevocably consent to the jurisdiction of such courts.
23. INFANCY
You attest that you are of legal age to enter into this Agreement.
24. ACCEPTANCE OF AGGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.