GENERAL INFORMATION

This information is not part of your Registration Agreement with Pacnames but may assist you to understand your general rights and obligations as a domain name registrant.

ICANN publishes a guideline document called "Registrant Rights & Responsibilities" which may assist you to understand certain rights and obligations you may have as a domain name registrant. A copy of that document may be obtained by visiting: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm


REGISTRATION AGREEMENT

(also referred to as "Terms and Conditions")

1. PARTIES

  1. This Registration Agreement ("Agreement") is formed between PacNames Ltd ("PacNames") also herein referred to as "we", "us" and "our" and the customer also herein referred to as "you" and "your", collectively referred to as the "parties".

2. COMMENCEMENT

  1. This Agreement commences on the earliest of the following date:

  1. you check the availability of a domain name using our system; or
  2. you access our online services; or
  3. you establish an account or order any product or service from us; or
  4. you are nominated as an authorised contact for a domain name registration.

  1. By using our systems and/or establishing an account, ordering services or allowing yourself to be nominated as an authorised contact for a service you agree to this agreement in its entirety without alteration.
  2. Unless the agreement is terminated by either party 30 days prior to the commencement of the successive period it shall continue for successive periods of 1 year unless an alternative period is agreed by the parties. You authorise us to renew your domain registration upon its expiration unless you have provided us with written instructions to the contrary capable of being satisfactorily authenticated in accordance with this provision.

3. VARIATION

  1. You agree that this agreement supercedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the services. No addition to or modification of the standard form of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of both parties.
  2. The parties agree to waive any rights at common law or by statute regarding the enforceability of oral agreements which modify this agreement.
  3. You agree however that we may from time to time:

  1. revise our fees and charges; and
  2. revise the terms and conditions of this Agreement including the Dispute Policy and Privacy Policy and by incorporating new or altered policies or terms and conditions of registration authorities including ICANN and the various Registry Operators; and
  3. vary the services provided by us under this agreement.

  1. Such revision or variation shall be binding and effective immediately upon posting of the revision or change upon our website, or upon notification to you by email or postal service.
  2. You agree to review our site, including the Agreement, periodically to make yourself aware of such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement by requesting termination of the services provided pursuant to this Agreement by making a request in a manner prescribed by us within 30 days of the amended Agreement being published. You agree that any such request for termination will be your exclusive remedy if you do not wish to abide by any changes to this Agreement. Notice of your termination will be effective upon successful verification of your request and payment of any outstanding fees and charges. You agree that by continuing to use our services following any revision or notice of any revision to this Agreement you will abide by such revision.

4. SERVICES

  1. This agreement governs all services provided by us including but not limited to domain name registration services, enhanced privacy services, email services and web hosting services.

5. USE OF SERVICES (YOUR OBLIGATIONS)

  1. You agree that all systems and data remain our property and you undertake to:

  1. ensure that your use of the services including but not limited to the registration and direct and indirect use of domain name(s) is legal, with respect to both criminal and civil laws (including but not limited to intellectual property law);
  2. indemnify us for any legal consequences that may flow from a breach of the provisions of this agreement, including but not limited to fines, legal fees and damages;
  3. maintain the security, integrity and confidentiality of any authorisation keys issued by us or selected by you in such a way as to ensure that access to our systems is limited to persons we explicitly authorise for the relevant purposes for which those persons were authorised;
  4. provide to us in the manner prescribed by us accurate and reliable contact details and promptly correct and update them during the term of the Agreement, including: the full name, postal address, email address, voice telephone number and fax number (if available) of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; the names and addresses of the primary and all secondary nameservers for the Registered Name; the name, postal address, email address, voice telephone number and (where applicable) fax number of the technical contact for the Registered Name and the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
  5. abide by any directive or prescription given by us regarding the manner of submission of information for any purpose including registration of domains, modifications of domain data and verification of transfer information;
  6. assist with and permit us in verifying the accuracy of data provided to us from time to time by such means including but not limited to responding to telephone, email, fax or postal mail communications which we send for the purposes of verification in any manner which we may prescribe.

  1. You agree that:

  1. that our services are provided "as is" without express or implied warranties including but not limited to fitness for a particular purpose or freedom of quiet possession to the maximum extent that exclusion of such implied warranties is permitted by law;
  2. we may refuse to register any domain name or provide any other service or delete your domain name within thirty (30) days of registration or receipt of payment where we agree to refund any fees paid and you agree we shall not be liable to you for any loss or damage resulting from our refusal to register or supply services or from our deletion;
  3. your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us or failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and shall be a basis for termination of the domain name;
  4. in the event that you intend to license use of a domain name to a third party you accept that you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. By licensing use of a Registered Name you accept liability for harm caused by wrongful use of the Registered Name.
  5. we may collect, process and share data collected in accordance with the principles contained in this Agreement and disclosed elsewhere on our website;
  6. you will provide notice of our policies on the collection, processing and sharing of data to each registered name holder and/or contact you nominate to appear on the domain name record and/or to interact with us from time to time and you undertake to obtain the consent of each of those persons to this Agreement and to policies, terms and conditions published elsewhere on our website including our policies on the collection, processing and sharing of data;
  7. you will not nominate a person or organisation as a registered name holder, adminstrative, technical, billing, zone or other contact without their explicit consent and authorization to the nomination and after having obtained their explicit agreement to these terms and conditions, including but not limited to the section headed "PRIVACY AND USE OF PERSONAL DATA";
  8. for the purposes of adjudicating disputes concerning or arising from the use of a domain name, you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the registered name holder and (2) our domicile (currently being New Zealand);
  9. that your registration of a domain name shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by any Registrar or by the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name;
  10. to indemnify and hold harmless the Registry Operator(s) and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration;
  11. to be bound by the policy governing disputes ("Dispute Policy") as to use of a domain name which, until further notice, shall be the Uniform Dispute Resolution Policy identified on ICANN’s website (http://www.icann.org/udrp/udrp.htm). In the event a domain name dispute arises with any other party you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

6. FEES AND PAYMENTS

  1. You agree to pay us the applicable service fees in advance of services being provided. Requests for the creation or renewal of a domain name will not be processed unless and until we receive actual payment of the applicable fee.
  2. All fees are non-refundable, in whole or in part, even in the event of suspension, termination, cancellation or transfer prior to the conclusion of the current registration term. Payment must be made in the manner prescribed by us (normally by credit card).
  3. In the event of a payment reversal ("chargeback") by a credit card company or payment provider in connection with a service you agree that the service and any other services for which you subscribe may be terminated immediately. At our exclusive option we may reinstate your service(s) upon an irrevocable payment of the initial fee together with payment of our reinstatement fee (currently $200 USD) or we may elect to terminate your service in accordance with the provisions of this agreement.
  4. We may at our exclusive option perform credit card charges in any currency based upon a reasonable estimate of the applicable fee adjusted in accordance with the US dollar exchange rate as published by a Bank or otherwise retrieved by currency converter software at or around the time of the transaction.
  5. Upon the registry operator levying an auto-renewal charge against our account for a domain name you become immediately liable for payment for the current charge published for renewal of a domain name for 1 year unless otherwise agreed with us.

7. PRIVACY AND USE OF PERSONAL DATA

  1. We will:

  1. provide notice to each new or renewed registered name holder through this agreement or otherwise stating:

    • the purposes for which any personal data collected from the applicant are intended;
    • the intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
    • which data are obligatory and which data, if any, are voluntary; and
    • how the registered name holder or data subject can access and, if necessary, rectify the data held about them.

  1. not process personal data collected from you in a way which is incompatible with the purposes and other limitations about which we have provided notice to you in accordance with the above;
  2. take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration or destruction.

  1. For this purpose you consent to the use of that data provided by us for the following purposes (notwithstanding that you may have purchased or applied to purchase an enhanced privacy service):

  1. to maintain records of any requests to register, modify or delete any domain name, contact or nameserver host and the relationship between same;
  2. to process any registration, modification, deletion or renewal of a domain name, contact or nameserver host and changes to the relationships between same;
  3. to maintain accurate billing records of all payments due and received;
  4. to maintain logs of our communications with you and other listed contacts for domains including trouble tickets, email, postal and voice communications;
  5. to maintain other business records reasonably required by us for the efficient operation of our business or so as to ensure compliance with our ICANN Registrar Agreement or agreements with registry operators and other parties;
  6. to provide such information to our employees, contractors, subsidiaries, parent entities, related parties, third party vendors, our bankers, credit and merchant providers, ICANN, the various registry operators, dispute resolution providers, law enforcement bodies including police, investigators and federal government agencies, to persons pursuant to subpoena or court order, to the public via the WHOIS service and otherwise including upon specific request, to third parties acquiring bulk access pursuant to the ICANN Registrar Agreement, to any entity to which we assign our rights under this agreement and to any other third parties as ICANN and applicable laws may require or permit;
  7. for use in the event of legal proceedings, dispute resolution or any function incidental to or related to the conduct of our business;
  8. to contact you or any other person currently or formerly listed in connection with a domain name whether by automated process or manual means in relation to any matter including to advise you of service outages, the need to update your authorisation keys (username/password), changes to products and services offered, changes to this Agreement and/or other relevant policies, to bring to your attention special promotions, to verify our data or for any other purpose permissible by law;
  9. our web based and other forms provided will normally specify which data items are obligatory and/or submission of such forms will generally be unsuccessful where obligatory data items are omitted however in general facsimile numbers are only required where that service is currently available to you. Some top level domains may require additional data to be collected, particularly in relation to eligibility of organisations and individuals to register in certain TLDs.

  1. You may access domain data by checking the WHOIS for each domain name with which you are associated as a registered name holder or as a contact and after logging into your account you may apply to amend portions of such data which will be published in future provided you do so in a manner not inconsistent with your obligations pursuant to these terms and conditions. Under no circumstances will we be bound to delete or alter historical transactional data relating to domain name, contact and nameserver creation, modification, deletion and/or records of payment notwithstanding the presence of any inaccuracy in such data however where such inaccuracy exists we may at our exclusive option modify that data or insert additional records so as to correct any inaccuracies or to record the presence of such inaccuracies.

8. BULK DATA ACCESS

  1. In the event that you contract with us to supply you with third-party bulk access to data pursuant to Clause 3.3.6 of the ICANN Registrar Accreditation Agreement you undertake:

  1. not to use the data to allow, enable or otherwise support the transmission by email, telephone or facsimile of mass, unsolicited, commercial advertising or solicitations to entities other than such third party’s own existing customers; and
  2. not to use the data to enable high-volume, automated, electronic processes that send queries or data to the systems of any Registry Operator or ICANN-Accredited registrar, except as reaosnably necessary to register domain names or modify existing registrations;
  3. not to sell or redistribute the data except insofar as it has been incorporated by the third party into a value added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.

9. RESALE OF OUR SERVICES

  1. In the event that you resell or offer our services to your customers you undertake:

  1. to obtain from each of your customers who may be acquiring a domain name through you using our registration services ("Your Customers") acceptance of our then current Agreement and to retain evidence of their acceptance for a period of not less than six (6) years;
  2. to ensure that any additional terms and conditions contained in your agreement with Your Customers does not conflict with the terms of this Agreement nor with the policies and procedures adopted by ICANN and the respective registry operators;
  3. to provide Your Customers with adequate customer support and to maintain contact with them in regard to providing systems capable of satisfactorily coping with updates to customer information;
  4. to provide updates to customer data upon within three (3) days of receipt of same by furnishing that data to us in the manner we prescribe;
  5. to maintain copies of all communications and applications, modification requests and deletion requests exchanged between you and Your Customers and provide us with copies of same upon request;
  6. to indemnify us from any liability howsoever occasioned including as a consequence of our own negligence;
  7. to inform Your Customers that they are registering their domain name through us and that we are an ICANN accredited registrar;
  8. to ensure that complete, accurate and current data for each registrant is provided to us in accordance with ICANN requirements for inclusion in the WHOIS database;
  9. to ensure that any person nominated as administrative contact for any domain who is not the registered domain name holder, or an employee of the registered domain name holder is duly authorised in writing to represent the beneficial owner of the domain name;
  10. to personally pay our fees and charges in accordance with our payment terms;
  11. not to represent that you are an ICANN accredited registrar or that you are in any way providing access to a registry in any way superior to that able to be provided by an ICANN registrar;
  12. not to use or display the ICANN logo;
  13. not to attempt to gain direct access to our registrar connection or registry access port or otherwise seek to obtain unauthorised access to our systems or data.

10. THIRD PARTY REGISTRATIONS

  1. Where you register a domain name on someone else’s behalf or submit data which includes that person’s contact details you:

  1. warrant that you have the authority to bind that person as a principal to all terms and conditions provided herein and you accept these terms and conditions on behalf of that person;
  2. warrant that you have have provided notice to that third party and obtained their consent to the terms of this agreement, including but not limited to the section entitled "PRIVACY AND USE OF PERSONAL DATA";
  3. warrant that the statements contained in your application for registration are true and correct;
  4. warrant that the domain name is not being unregistered for any unlawful purpose;
  5. agree to be bound by these terms and conditions in your own right as well as in the capacity as agent for the person on whose behalf you purport to act;
  6. agree to ensure that any person nominated as administrative contact for any domain who is not the registered domain name holder, or an employee of the registered domain name holder is duly authorised in writing to represent the beneficial owner of the domain name;
  7. agree to indemnify us from any liability howsoever occasioned including as a consequence of our own negligence;
  8. agree to personally pay our fees and charges in accordance with our payment terms.

11. OWNERSHIP OF INFORMATION AND DATA

  1. You agree that we own all right, title and interest in our domain name database, including your customer data and the data of your customers (if applicable) and sole entitlement to any derivative works generated from our database and those portions of the respective registry databases which relate to registrations sponsored by us or performed through our accredited registrar.

12. LIMITATIONS ON LIABILITY

  1. You agree that we will not be liable for any:

  1. suspension, termination, deletion, cancellation, transfer or loss of a domain name registration whether in your name or in the name of another;
  2. use of your domain name registration including for the purposes of advertising our services;
  3. interruption to your business;
  4. delays or interruptions in accessing our website or websites accessed via domain names registered with us;
  5. loss or liability resulting from acts of god or events outside our control;
  6. data non-deliver, mis-delivery, corruption, destruction or other modification;
  7. errors, omissions or any other actions by the registry arising out of or related to your application and receipt of, or renewal of domain name registration;
  8. the processing of your application or renewal of domain name registration or delays therein;
  9. loss or liability resulting from the unauthorized use or misuse of your account authorization keys or passwords;
  10. indirect, special, incidental or consequential damages of any kind (including loss of profit) 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;

notwithstanding that such loss may have been occassioned in whole or in part due to our own negligence or that of our employees, agents or contractors.

  1. In no event shall our maximum aggregate liability exceed the total amounts paid by you for or the cost of resupplying the service forming the subject of the claim. In jurisdictions which do not allow the exclusion or limitation of liability for certain damages our liability is limited to the maximum extent permissible by law.

13. INDEMNITY

  1. You agree to defend, release, indemnify and hold harmless us and the respective registry operators, their contractors, agents, employees, officers, agents, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, relating to or arising under this Agreement, the services provided to you pursuant to this agreement or your use of our services including without limitation infringement of any intellectual property or other proprietary right of any person or entity or from the violation of any of our operating policies or rules.
  2. Upon commencement or threatened commencement of proceedings by a third party naming us, our agents, employees, officers, agents, directors, affiliates, subsidiaries or parent entities as a defendant, respondent or third party you agree to provide us with a bank guarantee in excess of damages claimed, or where damages are not quantified in excess of our reasonable estimate of the potential damages if we were to be unsuccessful, and a reasonable estimate of our legal costs in defending the action to Judgment. A failure to provide the bank guarantee in a form satisfactory to us within seven (7) days will be considered a material breach of this agreement and may result in termination of your services.
  3. This indemnity shall survive the termination or expiration of this Agreement.

14. JURISDICTION AND GOVERNING LAW

  1. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Auckland, New Zealand. With regard to any action arising from the use of the registered name you agree that you shall submit to the jurisdiction of the courts of Auckland, New Zealand and to the courts of your domicile. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Auckland, New Zealand. You agree to waive the right to trial by jury in any proceeding that takes place relating to this agreement.

15. ANNOUNCEMENTS

  1. We reserve the right to distribute information to you and otherwise communicate with you in relation to matters pertinent to the quality, availability or operation of our services and those of our service partners. These announcements will be predominantly 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.

16. NOTICES

  1. You agree that all notices (except for notices concerning breach of this agreement) from us to you may be posted on our website and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address or to the postal address you have on file with us. Notice by email and mail shall be deemed to be delivered two (2) days after the date sent. Notices from you to us shall be made either by email sent to the address provided on our web site or by post to the address listed on our home page or contact page.

17. ASSIGNMENT

  1. You may not assign in whole or part the benefit of this agreement or any rights or obligations hereunder without the prior written consent of our duly authorised representative. We may assign in whole or part the benefit of this agreement or any rights or obligations hereunder without requiring your consent. If we cease to be an ICANN accredited registrar transfer your domain names to another ICANN accredited registrar of our selection and you consent to us acting as your agent for the purpose of effecting such a transfer.

18. GENERAL

  1. You attest that you are of legal age to enter into this Agreement.
  2. Nothing contained in this Agreement shall be construed as creating any agency, partnership or other form of joint venture between the parties.
  3. Neither course of performance or other failure by us to exercise our rights under this Agreement shall be deemed a waiver of any rights. All waivers must be made in writing by our authorized representative to be effective for that specific situation only.
  4. If any provision of this Agreement is held to be unenforceable, first it shall be modified to the smallest degree necessary to make it enforceable having regard to the intention of the parties, but if such modification is not possible, such provision shall be severed from the Agreement and the remainder of the Agreement construed without such provision.

19. SUSPENSION AND CANCELLATION OF SERVICE

  1. We reserve the right to suspend, cancel, transfer, terminate, lock or modify your domain name registration or suspend, cancel or modify other services we provide in the event that:

  1. you fail to pay any fees within seven (7) days of notice from us;
  2. your domain registration period expires;
  3. you materially breach this Agreement and do not cure such breach within thirty (30) days notice from us;
  4. it appears to us, in our sole discretion, that a domain name has been used to send commercial advertisements ("SPAM") or advertised in commercial advertisements sent in contradiction to either applicable laws or customary acceptable usage policies of the Internet;
  5. it appears to us, in our sole discretion, that a domain name has been used to promote or engage in unlawful activity;
  6. grounds arise for suspension, cancellation, transfer or other modification as otherwise provided for in this agreement;
  7. it appears to us, in our sole discretion, that a domain name is being used or associated with a degradation of performance of the Internet generally or of our services ("DoS") or the domain name is causing loss or damage to the functionality of web servers, internet dns root servers, Internet dns servers or other Internet users;
  8. it appears to us, in our sole discretion, that the procedure is necessary to correct a mistake by us, another registrar or the Registry in registering a domain name;
  9. for the purpose of assisting in the resolution of disputes concerning the domain name;
  10. where we receive a court order ("injunction") requiring us to do so or where the law of any place enables us to do so.

b. Re-activation of any suspended or terminated service will be at our sole discretion any we may require you to pay a re-activation fee up to $200.

20. CONSEQUENCES OF TERMINATION

  1. In the event of termination of a hosted service including email/web hosting we may redelegate the domain name and/or remove any links such that we do not receive requests to send or receive data after the time of termination or require you to do so. You agree that we may at our option continue to send or receive any data the subject of such a request and/or deal with such request by "bouncing" email or publishing a "page not found" advice or refer such requests to an advertising page.
  2. In the event of termination of a domain name registration service by either party where the domain registration is current and no monies are owing you may transfer the domain name to another registrar within seven (7) days by using the procedures prescribed by us after which time we may at our exclusive option delete the domain name or acquire without further consideration all rights to the domain name.
  3. Where the service is terminated and you have an outstanding liability to us, or where we acquire rights to a name pursuant to Clause 20 (b) of this Agreement, we have the exclusive option of deleting your domain name or, without further consideration, acquiring all rights to the domain name and we may sell, retain or licence the domain name to another party without compensation or remuneration to you notwithstanding that the proceeds of same may exceed the amounts you owe us pursuant to this Agreement. For this purpose you irrevocably consent to us authorizing a change of ownership, update of WHOIS data including change of contacts and registered name holder, registrar transfer or other action without having any obligation to notify you either before or after the changes occur.

21. SPECIAL CONDITIONS FOR CERTAIN TOP LEVEL DOMAINS

.INFO

  1. In the case of applications within the .INFO top level domain you agree to:

  1. Consent to the use, copying, distribution, modification and other processing of registered name holder’s personal data by the .info registry operator and its designees and agents;
  2. Submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
  3. Immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  4. Acknowledge that the Registry Operator 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 Registered Name during these periods, and b) the results of any dispute over a Sunrise Registration.

.BIZ

  1. In the case of applications within the .BIZ top level domain you warrant that:

  1. 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.
  2. The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.
  3. For the purposes of the "SPECIAL CONDITIONS FOR CERTAIN TOP LEVEL DOMAINS - .BIZ" "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:

    1. To exchange goods, services or property of any kind;
    2. In the ordinary course of trade or business; or
    3. To facilitate i) the exchange of goods, services, information or property of any kind; or ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:

    1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
    2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (ie registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);
    3. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

iv) .BIZ Domain Name Dispute Policy

c. The Registrant acknowledges having read and understood and agrees 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:

    1. The Uniform Domain Name Dispute Policy, currently available at http://www.icann.org/udrp/udrp.htm; and
    2. The Restrictions Dispute Resolution Criteria and Rules, currently available at http://www.neulevel.biz/ardp/docs/rdrp.html.

.BIZ Registry Operator Reservation

  1. Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; 1) to protect the integrity and stability of the registry; 2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; 3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and stockholders; 4) for violations of this Agreement and its Exhibits; or 5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to lock or place on hold a domain name during resolution of a dispute.

 

ANNEXURE "A"

EXPLANATION OF DOMAIN RENEWAL PROCESS

Notice to new domain name registrants (informational annexure only)

Please note this Annexure has been annexed to the registration agreement as we want you to read this prior to submitting an application for a domain name registration. It does not form a formal part of the Registration Agreement. We may vary the methods employed by us to operate our systems at any time and we will be under no obligation to comply strictly with this informal explanation of the general expiry/renewal processes.

All domain registrations have an expiry date. You may log into your account or use our WHOIS tool to check your expiry date. [Please note however that the Registry Operator’s WHOIS services will normally show a different expiry date to our WHOIS database when your domain has expired – this is because the Registry Operator has been paid for the renewal (by us!) but you have not met your payment obligations to us.]

Upon the expiration of a domain name most TLD registry operators auto-renew the domain name for 1 year, billing this charge to our account. We will contact you seeking your instruction as to how you would like to renew the domain name (normally a choice from 1 – 10 years at our current rates), you will need to supply credit card details to enable payment for this renewal. We will normally contact you by email but we may attempt to telephone you or contact you by other means also – this is one reason why it is imperative you keep your contact information updated promptly.

14 days after expiry if we haven’t received your instructions to renew the domain name will be suspended. This process normally involves us disrupting service to your website and directing the domain to a web page which explains that the registration has expired and that you need to contact us urgently to renew it. You can renew using our online system until 28 days after expiry. By disrupting your service we’re hoping that you’ll notice that a) your website has gone offline and b) that you’ll obtain our contact details and contact us since by this time we’ve been unable to successfully contact you.

28 days after expiry we may delete the domain registration, suspend the registration, redirect the domain name to a webpage advising you of a billing problem or otherwise advertising our products or services or those of a third party, allow another party to register or use the domain name or take any other action permitted under the Registration Agreement.

In some cases after deletion of a domain name the registry reserves the domain in a special status "pending delete" for a short period referred to as the "Redemption Grace Period (RGP)". We can normally recover a domain name from the registry when it is in this state but the costs associated are much higher than for standard renewals due to the need for us and the registry operator to perform manual processing. The fees for this service range from $140 - $175 depending in part upon the fee charged to us by the registry operator (currently the fee for this service is $175 for the .COM and .NET top level domains and $140 for the .ORG and .INFO top level domains but please note these fees are subject to change). The RGP restore process necessarily includes a renewal of your domain name and the RGP fee therefore includes a 1 year renewal. Obviously an RGP restore is an expensive way to renew your domain name and we therefore encourage you to log into your account frequently, check the expiration dates of your domains and renew well in advance of expiry. Also RGP is an unreliable way to restore your domain name as the period during which the name can be restored is short and you cannot expect to renew your domain name in this way – it can however make a good "last resort" where we can offer this to you.