Table of Contents

  • Terms and Conditions for .au Domain Names
  • LICENSEE'S OBLIGATIONS
  • NET CABIN'S OBLIGATIONS
  • REGISTRATION OF DOMAIN NAME
  • LICENSEE'S CANCELLATION OF DOMAIN NAME
  • TERMINATION OR EXPIRY OF AGREEMENT
  • auDA PUBLISHED POLICY
  • auDA'S LIABILITIES AND INDEMNITY
  • DISPUTES
  • SUSPENSION, CANCELLATION AND TRANSFER
  • LIABILITY
  • GENERAL
  • NetCabin General Terms & Conditions
  • Transfer of Legal Owner (TLO) Terms and Conditions
  • .au specific terms and conditions
  • gtLD specific terms and conditions
  • Cancellation and Refund Policy
  • Privacy Policy
  • Shared Hosting
  • Terms & Conditions for Australia Domains

 

Terms and Conditions for .au Domain Names

This contract between Net Cabin and the Domain Name Licence Holder ('the Licensee') for the licence of any .au domain name (the 'Domain Name') contains the following terms and conditions:

  1. In this agreement auDA means .au Domain Administration Limited ACN . These terms and conditions, and any applicable Published Policies of auDA (the 'Published Policies'), constitutes the entire agreement between Net cabin and the Licensee for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.
  2. Net Cabin 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 Net Cabin depends on the nature of the change. If:
    • (a) the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
    • (b) 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;
    • (c) 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
    • (d) for all other changes, we will also give you at least 30 days notice prior to the change.
      Net Cabin may give notice of a change by posting the new version of the Agreement on its website located at Terms and Conditions.

LICENSEE'S OBLIGATIONS

  1. The Licensee agrees to read and comply with the terms of the Published Policies referred to in clause 1 and located at http://www.auda.org.au/policy, in respect of its use and registration of Domain Names registered throughNet Cabin.
  2. The Licensee agrees that where it is to manage its own Domain Name (as opposed to its appointment of a Net Cabin to manage its Domain Name), payment clauses 5 to 7 of this Agreement apply. The Licensee agrees that where it appoints a Net Cabin to manage its Domain Name, the charges payable for the registration or renewal of that Domain Name, and the payment terms for such Domain Name, will be as agreed by the Licensee and the Net Cabin
  3. The Licensee agrees that Net Cabin's charges for the licence of a Domain Name or any related Domain Name services are set out on Net Cabin’s website http://www.netcabin.com.au (the 'Net Cabin Website'). The Licensee agrees to pay such charges:
    • a. at the rates set out on Net Cabin’s Website at the time the Licensee's Domain Name Application for registration or renewal is submitted to Net Cabin; and
    • b. in accordance with the payment terms set out at the Net Cabin Website at the time the Licensee's Domain Name application for registration or renewal is submitted to Net Cabin.
  4. The parties agree that the Licensee's application for the registration or renewal (as the case may be) of a Domain Name will not be processed by Net Cabin until Net Cabin receives all applicable charges in respect of that Domain Name from the Licensee.
  5. The Licensee agrees that failure to pay any charge (including, without limitation, any renewal charge) for its Domain Name when due (as evidenced for example by, without limitation, the Licensee's credit card company notifying Net Cabin of the Licensee disputing the payment of, or refusing to pay such charge, or where the Licensee's credit card payment has been declined or reversed) will entitle Net Cabin to suspend the delegation of the Licensee's Domain Name on Net Cabin giving the Licensee written notice of the Licensee's failure in payment. Where the Licensee fails to remedy its failure to pay the relevant charge within 14 days of receiving such notice from Net Cabin,Net Cabin may immediately cancel the relevant Domain Name registration by deleting the relevant Domain Name. Where the Licensee remedies the failure in payment within 14 days of receiving such notice from Net Cabin, provided that the relevant Domain Name has not already been deleted in accordance with this clause 7, Net Cabin will promptly cease its suspension of the delegation of the relevant Domain Name.
  6. The Licensee agrees that it will:
    • a) ensure that its Domain Name Application is in the form specified in the Published Policies;
    • b) obtain the consent of individuals whose personal information is to be publicly listed in the Registry as part of the Domain Name Application;
    • c) at all times comply with the Published Policies;
    • d) promptly notify Net Cabin of any change to its Domain Name registration details;e) promptly notify Net Cabin of any actual or threatened proceedings brought in respect of the word/s used as a Domain Name whether by or against the Licensee; andf) not, directly or indirectly, through registration or use of its Domain Name or otherwise:
      • register a Domain Name for the purpose of selling it;
      • register a Domain Name for the purpose of diverting trade from another business or website;
      • deliberately register as a Domain Name misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill;
      • register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another licensee from registering it;
      • transfer or purport to transfer a right of ownership in any Domain Name registration; or
      • grant or purport to grant a security interest or other encumbrance in a Domain Name.
  7. The Licensee warrants:
    • a) that it meets, and will continue to meet for the period of its Domain Name registration, the eligibility criteria prescribed in the Published Policies for registering a Domain Name;
    • b) that the details in respect of its Domain Name submitted to Net Cabin by the Licensee are true and correct, and that any future additions or alterations to those details will be true and correct;
    • c) that it has not previously submitted a Domain Name Application (which is for the same Domain Name applied for with Net Cabin) for registration with another registrar where:
    • d) the Licensee is relying upon the same eligibility criteria for both Domain Names; and
    • e) the Domain Name has previously been rejected by the other registrar.
  8. In addition to the warranties contained in clause 9, the Licensee makes each of the warranties to Net Cabin and auDA, as specified in auDA's Registrant Warranties Policy (2005-03), and any other policy introduced byauDA in substitution, replacement or amendment to that policy. These warranties include, without limitation, that all information supplied to Net Cabin for the registration of the Domain Name are true, complete and correct. The Licensee accepts that auDA or Net Cabin can cancel the registration of the Domain Name if any of these warranties are not true.
  9. The Licensee warrants that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. Net Cabin's remedies under this warranty will continue to be available to it after the Licensee's completion of the Domain Name registration process and will survive notwithstanding the cancellation of the Domain Name or expiry or termination of this Agreement.
  10. The Licensee indemnifies Net Cabin against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from Net Cabin's negligence or breach of the terms of this contract), and indemnifies Net Cabin against the costs and expenses, however they may arise, incurred in defending or dealing with such a claim.
  11. The Licensee agrees that as required of Net Cabin by auDA it grants:
    • a. to auDA, the right to provide auDA with all information relating to the Licensee's Domain Names registered with Net Cabin for public disclosure to third parties;
    • b. to Net Cabin, the right to provide the Registry Operator with all information which is reasonably required by the Registry Operator in order to register the Domain Name in the Registry; and
    • c. to Net Cabin, the right to provide the Registry Operator with all information relating to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service for public disclosure to third parties, provided that such disclosure is consistent with:
      1. the National Privacy Principles specified in the Privacy Act 1988 (Cth); and
      2. the Published Policies.
  12. The Licensee acknowledges that all personal information about the Licensee which is supplied by Net Cabin to auDA is held by auDA for the benefit of the Australian public.
    NET CABIN'S OBLIGATIONS
  13. Net Cabin will:
    • process the Licensee's Domain Name Application and consider whether to accept or reject it in accordance with the criteria laid down in the Published Policies in force at the time of the application;
    • (if the Domain Name Application is accepted) forward the Domain Name registration and delegation details to the Registry Operator and use its reasonable endeavours to ensure that details supplied by the Licensee in its Domain Name Application are entered into and maintained in the au zone file and sent to the Registry Operator;
    • (if the Domain Name Application is not accepted), notify the Licensee or its agent that the Application was not successful, and the reasons why;iv. permit the Licensee to transfer registered Domain Names to another auDA accredited registrar in accordance with the Published Policies; and

REGISTRATION OF DOMAIN NAME

  1. The Licensee agrees that Net Cabin will register Domain Names on a first come, first served basis. The Licensee agrees that Net Cabin does not guarantee that any Domain Name applied for by the Licensee will be successfully registered. The Licensee acknowledges that it will not take any action in respect of the registration of its Domain Name until the successful registration of that Domain Name is confirmed to it by Net Cabin.
  2. The parties agree that neither Net Cabin nor the Licensee has any right of ownership in a registered Domain Name.
  3. The parties agree that the initial licence period for use of the Domain Name is two years from the date of successful registration. Thereafter, the licence may be renewed indefinitely for periods of two years, on the Licensee's payment of the applicable renewal charge prior to the expiry of the Domain Name and subject to the then current Published Policies and the terms of this Agreement.
  4. The Licensee acknowledges that:
    • a. it is the Licensee's responsibility to ensure that the Domain Name is renewed; and
    • b. the Licensee releases and holds Net Cabin harmless against any claim for damage or loss arising from any failure of the Licensee's Domain Name to be renewed by the Licensee.
  5. The Licensee acknowledges that Net Cabin has a complaints handling procedure located at the Net Cabin Website which Net Cabin will follow in handling any complaint from the Licensee in respect of Net Cabin's supply of Domain Name registration or other related Domain Name services to the Licensee.

LICENSEE'S CANCELLATION OF DOMAIN NAME

  1. The Licensee agrees that Net Cabin may suspend or cancel the registration or suspend the delegation of the Licensee's Domain Name:
    • a) in accordance with the terms of clauses 7 or 10;
    • b) if as reasonably determined by Net Cabin in its sole discretion, the Licensee or any other person uses the Domain Name in connection with:
      • i. any activity that infringes the intellectual property rights or other rights of third parties;
      • ii. any activity that defames or disparages any person;
      • iii. any otherwise illegal or fraudulent activity; or
    • c) as directed by auDA.
  2. The Licensee agrees that Net Cabin may cancel the registration or suspend the delegation of the Licensee's Domain Name in accordance with the terms of clause 7, or as directed by auDA.
    23. The Licensee agrees that in the event that the Licensee ceases to meet the eligibility criteria prescribed in the Published Policies for registering a Domain Name during the licence period for its Domain Name, the Domain Name Licence may be cancelled by either Net Cabin or auDA.

TERMINATION OR EXPIRY OF AGREEMENT

  1. Where the Licensee transfers its Domain Name from Net Cabin to another auDA accredited registrar in accordance with the Published Poicies and the terms of this Agreement, the parties agree that this Agreement will terminate effective from the date of such transfer.
  2. The parties agree that this Agreement will terminate on the effective date of cancellation of the Licensee's Domain Name in accordance with the terms set out in clauses 21-23.
  3. The parties agree that this Agreement will expire where the Licensee's Domain Name licence expires and is not renewed by the Licensee prior to the deletion of the Domain Name.
  4. Expiration of the domain name license.
    • a. You may renew your domain name with Net Cabin at any time before the date 30 days after the Expiry Date (Renewal Deadline).
    • b. Additional Provisions for Undelegated and Expiring Domain Names
      • 1) On registration of a domain name with Net Cabin as registrar Net Cabin may by default delegate that name to resolve to a Net Cabin Parked Page. Registrant acknowledges and agrees that the Net Cabin Parked Page may include a statement and graphics to the effect that the website/domain name is registered/powered by Net Cabin; links to Net Cabin's website; links to third party websites, advertising ofNet Cabin 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 Net Cabin Parked Page prior to the Expiry Date by:
        • i. registering the domain name with a Net Cabin Authorised Reseller who has agreed with Net Cabin not to participate;
        • ii. delegating its domain name to a different nameserver; or
        • iii. giving written notice to Net Cabin by sending an email to support@netcabin.com.au
      • 2) Net Cabin 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).
      • 3) Following the Expiry Date, Net Cabin may delegate (or re-delegate, if applicable) any domain name registered through Net Cabin to resolve to a Net Cabin Parked Page.
      • 4) Net Cabin may from the Expiry Date 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 Net Cabin Parked Page or such other means reasonably determined by Net Cabin.
      • 5) If Registrant has not renewed the domain name by the Renewal Deadline, Net Cabin may transfer the domain name to a third party (Transferee) on Registrant's behalf and as Registrant's agent (Registrant Domain Name Transfer).
      • 6) In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that Net Cabin will undertake the process set out on the Net Cabin website, if any.
      • 7) Registrant acknowledges that if Net Cabin undertakes any of the actions contemplated by clauses 4 or 5, any services in connection with the domain name (including without limitation, any email services) will cease.
      • 8) Registrant agrees that Net Cabin 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 Net Cabin is required to do so to comply with any order or direction of auDA, any applicable registry administrator or enforcement agency, or Net Cabin elects to comply with any request from such party to do so).
      • 9) Nothing in this clause 27 will constitute an obligation for Net Cabin to effect or an express or implied guarantee or warranty that Net Cabin will be successful in effecting a Registrant Domain Name Transfer. In addition Net Cabin 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.
      • 10) Nothing in this clause 27 shall require Net Cabin to perform any act or thing which, in Net Cabin's sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Net Cabin not being entitled to exercise any other right available to Net Cabin under this Agreement.

auDA PUBLISHED POLICY

  1. In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
  2. In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.
  3. Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
  4. Registrant acknowledges that under the auDA Published Policies:
    • a. there is more mandatory terms and conditions that apply to all domain name licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
    • b. registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
    • c. auDA may delete or cancel the registration of a .au domain name.

auDA'S LIABILITIES AND INDEMNITY

  1. To the fullest extent permitted by law, auDA will not be liable to registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by Registrant arising from as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
  2. Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contracts harmless for all and any claims arising from, as a result of, or otherwise in connection with, Registrant's registration or use of its .au domain name.
  3. Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
    DISPUTES
  4. The Licensee agrees to be bound by the auDA dispute resolution policy, auDRP (the .au Dispute Resolution Policy) in the event of disputes between Net Cabin and the Licensee, or between the Licensee and a third party, in relation to a party's entitlements to register or maintain a Domain Name registration.
  5. The Licensee acknowledges that auDA may develop and implement other dispute resolution policies. The Licensee agrees to be bound by such dispute resolution policies where notified to the Licensee by auDA.

SUSPENSION, CANCELLATION AND TRANSFER

  1. Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any auDA procedure, or by any registry administrator procedure approved by auDA policy:
    • a. to correct mistakes by Registrar or the registry administrator in registering the domain name;
    • b. for the resolution of disputes concerning the domain name; or
    • c. in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.In addition to the above rights, Net Cabin 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 Net Cabin in its sole discretion, the Registrant or any other person uses the domain name in connection with any:
    • d. activity that infringes the intellectual property rights or other rights of any third party;
    • e. activity that defames or disparages any third party; or
    • f. otherwise illegal or fraudulent activity, or otherwise in accordance with Net Cabin's Acceptable Use Policy.

LIABILITY

The parties agree that notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, neither auDA, the Registry Operator nor Net Cabin will be liable to the Licensee for direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Licensee as a result of any act or omission of auDA, the Registry Operator or Net Cabin, or any act or omission of the officers, employees, agents or sub-contractors of auDA, the Registry Operator or Net Cabin.

  1. If any legislation implies in this Agreement a term or warranty, the Licensee agrees that Net Cabin's liability under this Agreement for a breach of that term or warranty is limited to, in the sole discretion of Net Cabin, the re-supply of the goods or services again, or the payment of the cost of having the goods repaired or replaced, or the services supplied again.
  2. The parties agree that clauses 37 and 38 survive the expiry or termination of this Agreement.

GENERAL

  1. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.
  2. Any notice to be given under the contract is be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.
  3. The contract is governed by New South Wales law, and the Licensee and Net Cabin submit to the non-exclusive jurisdiction of the New South Wales courts.
  4. The parties agree that Net Cabin may assign this Agreement to a third party on prior written notice to the Licensee.
  5. The failure of a party at any time to insist on strict performance of any provision of this Agreement is not a waiver of its right at any later time to insist on strict performance of that or any other provision of this Agreement.

NetCabin General Terms & Conditions

 

Net Cabin will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".

 

1 Account Setup

1.1 Eligibility

Our services are only made available to individuals who can form legally binding contracts. Without limiting the following, our services are not available to suspended or ineligible customers. This includes 3rd parties who make use of a suspended customer's website or the services contained therein.

Persons under the age of 18 require parent or guardian supervision, or some other agent who is at least 18 years authorized to represent you.

You warrant that all actions that you make are done so in good faith and that you have no knowledge of your actions infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

If you do not qualify, please do not use our services.

1.2 Cleared Funds

We will set up your account only once payment has been cleared, and our payment partners have screened your order for fraudulent activities.

You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to send a scanned copy of the front and back used to make payment of the card to sales@netcabin.com.au before your account is activated.

If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address, which is not at the domain you are signing up under.

1.3 Self Service

We are not responsible for maintaining or authoring your website. Once your account has been set up, it is entirely your responsibility to create your site. Should you require assistance with the FTP of your current website, please contact our Technical Service Department for assistance on support@netcabin.com.au. If this seems difficult we have several Web Design packages available.

1.4 Primary Account Holder

Only the authorised person listed on the account entered at sign-up will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an username and password which is required to access My Account for any billing and technical requirements.

It is at the primary account holder’s risk if you share your username and password with any other person(s) from within or externally to your organization and Net Cabin will not be held liable for any breeches of your account or any service(s) due to the username and password being distributed by the primary account holder.

Net Cabin may also verify your identity by asking security questions as described in our privacy policy. The client agrees to provide this information before assistance can be provided to them.

1.5 Change of Account Ownership

To facilitate the change of Account ownership of an Account, the primary account holder needs to either log into their account and update, or alternatively send a scanned copy of a signed letter which includes their full name, email address, full address on Company Letterhead, requesting the change of primary account holder and company to support@netcabin.com.au

Changing the Primary Account Holder on an account does not include updating the legal registrant information for a .au domain name, please refer to the Transfer of Legal Ownership.

If the primary account holder cannot be contacted:

A corporation or business should send a request on their company letterhead, from either the CEO or Managing Director and send a scanned copy to support@netcabin.com.au

2 Payment(s)

2.1 Service and Product payments

The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.

If you want to cancel your product(s) or service(s) you must follow the individual product Cancellation and Refund Policy outlined in our Terms and Conditions on the Net Cabin website

All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of Net Cabin.

Your product(s) and/or service(s) will not be created/provisioned or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.

2.2 Administration Charges

If payment is not received by the invoice due date, we reserve the right to suspend your account.

You agree to be subject to whatever other administration charges are applicable to the circumstances. This will include a $10.00 administration fee (retail customers) $7.00 administration fee (wholesale customers) for any refund on any service or product where the client has requested a cancellation in accordance with the terms & conditions set out under the Net Cabin Cancellation and Refund Policy or submits a duplicate order by mistake, or makes a payment to Net Cabin in error.

No administration fee will be issued to either a wholesale or retail customer where Net Cabin systems have caused an error.

2.3 Credit Card Payments

If you have signed up using a credit card, your credit card will be re-billed on the due date of future invoices.

You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

2.4 Suspension

2.4.1 We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure.

2.4.2 If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it.

2.4.3 Net Cabin does not offer free support resources for suspended services.

2.4.4 Net Cabin shall continue to re-bill a suspended service as normal notwithstanding that you may not be able to access any products or services.

2.4.5 If your account remains unpaid for 30 days your information will be passed onto a collections agency for debt recovery.

2.4.6 We reserve the right to suspend your account and/or service(s) at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Net Cabin has been given misleading or false information regarding the type of web site to be hosted.

2.4.7 We reserve the right to seek and claim damages and losses from suspended accounts. We may use whatever legal means necessary to recover any outstanding debts.

3 Cancellation

3.1 Product and Service Cancellation by Net Cabin

3.1.1 Net Cabin reserves the right to cancel your account and/or service(s) at any time without any notifications. Without limiting the following, we will cancel your account and/or product and services at our discretion to:
• Protect the stability of the registry
• Comply with applicable laws, government rules or requests of law enforcement
• Comply with our upstream service providers
• Avoid liability, civil or criminal, on the part of Net Cabin, as well as its affiliates, subsidiaries, officers, directors and employees

3.1.2 Net Cabin also has the right to cancel your account if we find that you have been engaging in:
• Deceptive, improper or misleading conduct
• Providing false information
• Extortion
• Harassment, abuse or swearing
• Unlawful activities
• Conduct that breaches this agreement

3.2 Requesting a cancellation:

If you wish to terminate your account with Net Cabin, you must do so by in writing to support@netcabin.com.au and comply with all details outline in our Cancellation and Refund Policy.
Net Cabin shall offer no more free support resources for your product whatsoever.

3.2.1 If you have cancelled your service with Net Cabin and would like to reactivate your service, you will need to place a new order.

4 Server Integrity

4.1 Spam or Leeching

4.1.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy at our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

4.1.2 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

4.1.3 Alternatively, you agree to pay Net Cabin liquidated damages of AU$0.50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, including any 3rd party accounts you hold as part of our reseller programs.

4.2 Publisher and Author of Website(s)

4.2.1 Net Cabin does not create or publish web sites and is not the publisher or author of any web site you host or create. As the publisher, author, or reseller, it is your responsibility to ensure your website(s) do not breach our terms and conditions or interfere with the server functions for other users. If your site, content or actions interferes with server functionality, causes network connectivity issues or attracts any form of distributed denial of service attacks (collectively, a 'service interruption event') whether on purpose or otherwise, then Net Cabin reserves the right to charge you for cleanup fees, loss of revenue, and other direct expenses caused by the service interruption event as applicable. Net Cabin reserves this right irrespective of whether you have explicit knowledge of the service interruption event or not. It remains entirely your responsibility to not host content that may have the potential to cause service interruption events.

4.2.2 Net Cabin is not a web site publisher and is not responsible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.

4.2.3 Net Cabin provisions our WebsitePro/Website Builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.

4.2.4 From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request us and we will publish their web site or modify their web site on their behalf. Net Cabin in this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.

4.3 Improper Content

4.3.1 All products and services provided by Net Cabin may only be used for lawful purposes. The customer agrees not to host materials or engage in activities as set out below. We reserve the right to refuse service based on these conditions.

4.3.2 Net Cabin does not endorse any web site content hosted on our network and the content remains the property of the web site owner.

4.3.3 You must not engage in any of the following activities:
• Defame embarrass, harm, abuse threaten, slander or harass third parties
• Use any IRC bots
• Use any proxy servers or other servers
• Hack sites or run malicious scripts
• Post pornographic material, particularly illegal child-pornography (however, adult or R-rated content is acceptable)
• Post material which encourages unlawful behaviour by others, such as hate crimes or terrorism
• Run any sort of hate/extremist sites
• Engage in spamming
• Breach copyright, trademarks, servicemarks or patents. This includes the posting of Warez or pirated software on your service, or linking to such material even where such material is not controlled by Net Cabin.
• Engage in actions which are prohibited by the laws of Australia, and/or foreign territories in which you conduct businesses
• Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party

4.3.4 This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.

4.3.5 If your web site is suspended and/or hosts any of the unacceptable material as set out above, we reserve the right to charge a clean-up fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of AU$100.00 per hour (minimum 1 hour).

4.3.6 It will remain your responsibility to resolve the issues after we inform you of the breach.

4.4 Support

4.4.1 Net Cabin offer free support and extended support which may incur a fee nominated by Net Cabin.

4.4.2 If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.

4.4.3 If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.

4.4.4 We are a Web Hosting Company and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.

4.5 Resource Usage

4.5.1 Users may not attempt any of the following:
• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any gaming servers.
• Any activity which causes the server to crash / restart.
• Check their email more than every 3 minutes.

4.6 Backups and Data Loss

4.6.1 Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.

4.6.2 We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.

4.6.3 We offer daily backups for certain clustered Australian hosting packages, a complete list of which can be found on the website. Net Cabin will make an attempt in good-faith to store at least one daily backup of the customer's data at all times, subject to the following exclusions and limitations:
• Use of this service is entirely at the customer's risk. The service does not in any way diminish, extinguish or modify any of our rights under clauses 5.2: Indemnification; 5.3: Disclaimer; and 5.4: Limitation of Liability.
• Hardware, network or software failure may limit, block or frustrate our ability to store or retrieve past, current and future backups, either temporarily or permanently.
• Compressed files and archives of all types are not archived.
• The solution is suitable for static web-pages; active, open or frequently changing files (such as databases) may not copy successfully, or may be corrupted beyond recovery upon their retrieval.
• The solution is not a replacement for an off-site data backup, nor does it represent an adequate disaster recovery strategy. As a condition of use the customer must still maintain their own local complete copy at all times.
• Net Cabin will make attempts in good-faith to restore a copy as close to the date as requested by the customer as possible. However, the date and age of data cannot be guaranteed.
• We reserve the right to age out and cleanse data as frequently as required.

4.7 Updated Software Versions

4.7.1 From time to time, we may update our Software Versions. When we do so the version number shown on the plan will change.

4.7.2 Customers on previous plan version numbers will be automatically upgraded to the newest version of Software. Customers on previous plans will keep the features of their current hosting package.

4.8 Bandwidth Usage/Disk Space

4.8.1 It is your responsibility to upgrade your account and monitor your account usage.

4.8.2 You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits or pay Net Cabin the excess charges of AU$0.08/MB. It is the customer's responsibility to ensure they do not exceed their assigned limits when using any of our Hosting Services.

4.8.3 Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee of AU$0.08/MB for the additional resource usage.

4.8.4 Unused bandwidth transfer in one month cannot be carried over to the next month.

5 General

5.1 Price Change

5.1.1 We reserve the right to change prices listed on Net Cabin’s website without any notification.

5.1.2 If we change the price of a product or service, then you will be re-billed at the updated rate on your next renewal.

5.2 Indemnification

5.2.1 The customer agrees it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer furthermore agrees to defend, indemnify and hold us harmless against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Net Cabin.
(2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party;
(3) any breach of any representation or warranty provided herein.
(3) any negligence or willful misconduct by you.
(4) any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets.
(5) any defective products sold to customers from Net Cabin’s server.

5.2.2 By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

5.2.3 This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.

5.2.4 Should Net Cabin be notified of a pending law suit, or receive notice of the filing of a law suit, Net Cabin may seek a written confirmation from you concerning your obligation to indemnify Net Cabin. Your failure to provide such a confirmation may be considered a breach of this agreement.

5.3 Disclaimer

5.3.1 Net Cabin Internet will not be responsible for any damages your business may suffer.

5.3.2 We provide no warranties express or limited, for services we provide, or do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by Net Cabin and its employees.

5.3.3 Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.

5.4 Limitation of Liability

5.4.1 In no event shall Net Cabin be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement of its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if Net Cabin has been advised of the possibility of such damages.

5.4.2 Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, Net Cabin’s liability is limited to the full extent permitted by law. You agree that in no event shall Net Cabin’s maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from Net Cabin.

5.5 Force Majeure

5.5.1 A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.

5.5.2 Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.

5.5.3 If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and Endeavour to achieve a mutually satisfactory resolution to the problem.

5.5.4 The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.

5.6 Online Fraud

5.6.1 In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.

5.7 Transferring your Products & Service(s) to other servers

5.7.1 Net Cabin reserves the right to transfer any or all of your hosting accounts to any other server, where:
(i) the server your account resides on has suffered hardware or software errors; or
(ii) your activities interfere or have the potential to interfere with other users; or
(iii) your server has been decommissioned; or
(iv) we consider your bandwidth usage to be unacceptable or interfering with the performance of our network infrastructure, notwithstanding that you may be within your quota; or
(v) when performing a mass migration.

5.7.2 As part of a server migration we may also have to change your operating platform or the versions of any other software you may have been using on the previous server. It is your responsibility to ensure that your site is compatible with the new software.

5.7.3 We have servers in Australian, US, UK, German, Japan and Sri Lankan datacentres, and your account/s and/or service(s) may be transferred to and from either data-centre.

5.7.4 You agree that your quota or disk-space or other features may change as a result of the migration. You will continue to pay the same price as what you were paying before the migration.

5.7.5 We server migrations might be happen without nay notification to the customer.

5.8 Changes to the Terms and Conditions

5.8.1 Net Cabin reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Terms of Service section. By continuing your services you agree to these revisions.

5.9 Entire Agreement
Net Cabin reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Terms of Service section. By continuing your services you agree to these revisions.

5.10 Serverability You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

Transfer of Legal Owner (TLO) Terms and Conditions

 

By submitting an application for a transfer of legal owner (TLO) you agree to indemnify and hold harmless Net Cabin from and against any claims made by any party as a result of transfer of the domain name pursuant to this application.

All TLO applications will incur a once off administration processing charge and a new licence application fee (as per the applicable fees at the application date).

Once an application has been submitted the application will remain pending for a period of sixty (60) days. If after this time the application has not be completed in the registry, Net Cabin will cancel the application and process a refund for the application fee minus a 10% administration charge.

It is the responsibility of the client submitting the application to ensure that all supporting documentation is submitted in accordance with the applicable policy that governs the domain name space. Net Cabin reserves the right to reject any application that does not provide sufficient supporting documentation.

.au specific terms and conditions

 

Once a TLO has been approved and processed in the registry a new 2 year domain name licence will be granted to the proposed registrant.

By authorising the transfer of legal owner the current registrant agrees to forfeit any unused portion of the current licence; under no circumstances will Net Cabin provide any refunds for current licences.

gtLD specific terms and conditions

 

By authorising the TLO the current registrant agrees to transfer any unused portion of the current licence to the proposed registrant.

Cancellation and Refund Policy

 

Refund Administration Fee

All refunds that are granted inline with the following cancellation policies will be less a $10.00 administration fee (retail customers) or $7.00 administration fee (wholesale customers).

In addition, any refund or transfer that is requested from Net Cabin that is due to duplicate payment, overpayment and any other customer error will also incur a $10.00 administration fee (retail customers) or $7.00 administration fee (wholesale customers).

Domain Names

Once an order for a domain name has been submitted and the domain has been registered, TPP Internet will not refund for change of mind.

In certain limited circumstances (depending on the domain name space), a registrant may cancel a domain name (due to spelling mistakes etc) provided that the domain registration request has not yet been sent to the relevant registry, and the registrant submits another application for the correct spelt domain.

The request to cancel a domain must be submitted in writing on the same day the application is submitted to Net Cabin. Written requests must be emailed to support@netcabin.com.au from the registrant email adderss. In addition to the written request, the registrant must call our technical support team to notify of the cancellation request.

In certain limited circumstances a registrant may apply for their domain name license to be cancelled (depending on the domain name space and the registry conditions); however Net Cabin does not provide any refund under these circumstances.

Shared Hosting Terms and Conditionss

Cancellations for web site and email hosting orders will only be accepted within 7 days of the product/s being ordered.

Cancellations requests must be submitted to Net Cabin in writing. Written requests must be emailed to support@netcabin.com.au from the registrant email address.

In these cases a refund will be provided less our refund administration fee of $10.00 (retail customers) or $7.00 (wholesale customers).

Registrants will be notified by Net Cabin when bandwidth usage is approaching a products’ limit. At this time, the registrant will have the opportunity to upgrade to a product with more bandwidth (if applicable), alternatively, a charge of 8c per MB of excess data traffic will be charged to the customer’s credit card. Failure to pay for excess data transfer may result in account suspension which will cause disruptions to services.

Net Cabin Web and Email Hosting customers accept responsibility for any information and materials issued over the service and indemnify Net Cabin harmless against any liability in relation to such information and material.

Net Cabin reserves the right to schedule server maintenance at any time, which may or may not affect services on the platform. TPP Internet will endeavor to perform maintenance during a time that will be least disruptive to the majority involved.

Net Cabin routinely backs up data stored on the Net Cabin servers; however, such data is not guaranteed to be stored for extended periods.

Privacy Policy

 

Net Cabin respects and is committed to protecting your privacy. Our Privacy Policy details why and when we collect your personal information and how we use it. It also explains under what circumstances we disclose your information to third parties and the security measures we take to protect your privacy.

1. Collection of Personal Details

Net Cabin collects your details when you submit those details to us either online (via our websites, or agent websites), or by fax, post or email.

These details are stored within our secure database system and submitted to the relevant registry when you register or transfer a domain name to Net Cabin. The details collected include your full name, address, phone and fax numbers and email address. We also collect your payment details (including but not limited to credit card details).

2. Use of Personal Details

ICANN (Internet Corporation for Assigned Names and Numbers) is the organization that develops and governs domain name policy. As part of the domain name policy, ICANN requires that accredited domain name Registrars must make personal information relating to a domain name available via the publicly accessible WHOIS database. Consequently Net Cabin is not able to control how members of the public may use this information.

Net Cabin will use your personal details to enable us to perform our role. This includes contacting you when you apply for a domain name, or at any time during the license period of your domain name, to obtain relevant information in regards to your application, or to advise you of relevant information regarding your license (including renewal dates and system changes that may affect your communications with us).

We may also use your personal details to contact you to discuss additional products and services that Net Cabin offers. Your details could be used to measure and assess our customer service, and analyse customer purchasing preferences.

3. Third party service providers

Occasionally, we may supply your personal information to third parties to perform services on our behalf, such as the following: the distribution of marketing information to you (except where you have chosen to opt out of receiving this information from us); the supply of datacentre storage and maintenance services for our IT systems and infrastructure (by Australian or overseas providers); the supply of credit related services such as credit worthiness, credit provision and credit rating, or bank related services; or the supply of billing and payment services.

Our relationships with such third party service providers are governed by our contracts with them. Those service providers are required to hold your personal information strictly confidential.

4. Accuracy

You may access and update the personal information we provide to the registries in respect of your domain name licence at any time. Simply use your domain name and password to login to our Online Management System. If you believe that Net Cabin may hold other personal information about you which is inaccurate, please contact us via email to support@netcabin.com.au and we will take reasonable steps to ensure that it is corrected.

5. Security

Helping you to keep your information secure is important to us. In order to protect the security of personal information transmitted to us over the internet, our web servers support the use of the Secure Socket Layer (SSL) Protocol where appropriate. Using this protocol, information transferred between our systems is encrypted. You can also take simple precautions to help protect your security, such as protecting against the unauthorised use of your username or password or other authentication id.

6. Changes

Net Cabin may make changes to its privacy policy. You should check our privacy policy from time to time to see if we have made any changes to it.

7. WHOIS

When a domain name 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. Please see auDA's WHOIS policy at http://www.auda.org.au/whois-policy which sets out auDA's guidelines on the collection, disclosure and use of WHOIS data.

Shared Hosting

 

Cancellations for web site and email hosting orders will only be accepted within 7 days of the product/s being ordered.

Cancellations requests must be submitted to TPP Internet in writing. Written requests must be emailed to support@netcabin.com.au from the customer email address.

A refund will be provided, less a 10% administration charge.

Cancellations will not be accepted after the 7 day grace period; no refund will be provided for any remaining product term.

Customers who choose to purchase a Web or Email Hosting product under the recurring billing system acknowledge that the minimum contract term for such products is three months. Customers may not cancel the product within this initial contracted period. After this period, the contract is automatically renewed on a month by month basis.

Customers who choose to be billed under the recurring billing system understand that the credit card supplied on sign up will be automatically charged on the initial billing anniversary date, unless they expressly cancel the contract in writing 30 days prior.

If an automatic billing transaction is unsuccessful (for example the credit card is declined), the service will be suspended until payment is made. If successful payment is not made within 30 days of the anniversary date, the service will be cancelled and deleted from the hosting platform.

Customers will be notified by Net Cabin when bandwidth usage is approaching a products’ limit. At this time, the customer will have the opportunity to upgrade to a product with more bandwidth (if applicable), alternatively, a charge of 8c per MB of excess data traffic will be charged to the customer’s credit card. Failure to pay for excess data transfer may result in account suspension which will cause disruptions to services.

Net Cabin Web and Email Hosting customers accept responsibility for any information and materials issued over the service and indemnify Net Cabin harmless against any liability in relation to such information and material.

Customers acknowledge that Web or Email Hosting products are not designed for sending mass email campaigns such as newsletters or promotional emails. Customers may use the Web or Email Hosting products to send and receive reasonable amounts emails as would be expected during normal business/personal operations. Net Cabin reserves the right to determine what violates this policy and violation may result in cancellation of services without refund.

Net Cabin does not allow use of our network to send or originate SPAM / Unsolicited Email messages. We reserve the right to determine what violates this policy and violation may result in cancellation of services without refund.

Pornography and sex-related material and merchandising are expressly prohibited on our network. This is also true for sites that promote illegal activity of any type or content that may be damaging to our network, servers. Links to such materials are also prohibited.

You acknowledge that if we are made aware of content that is determined to be, at our discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, we reserve the right to cancel a service that breaks this content policy without refund.

Net Cabin reserves the right to schedule server maintenance at any time, which may or may not affect services on the platform. TPP Internet will endeavor to perform maintenance during a time that will be least disruptive to the majority involved.

Net Cabin routinely backs up data stored on the Net Cabin servers; however, such data is not guaranteed to be stored for extended periods.

Terms & Conditions for Australia Domains

 

1. au Specific terms

The following clause applies specifically to .au domain names.

2. au Domain name license registration

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

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 performing its final integrity checks.

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.

All personal information pertaining to you are held by auDA for the benefit of the Australian public

3. Domain name license

Your Domain Name license will be effective for a two year period, once:
•Your application is accepted and approved by us and by the Registry Operator
•You have paid the applicable fees
•Unless it is cancelled earlier under the terms of this document or under any Published Policies

Your Domain Name license may be renewed every two years, as long as you:
•Pay the applicable renewal fees
•Continue to meet the eligibility criteria prescribed in the Published Policies

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund.

4. Your statement to us and auDA

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, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
•You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
•You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
•You are relying upon the same eligibility criteria for both domain names.
•The Domain Name has previously been rejected by the other registrar.
•Your registration or use of the Domain Name does not infringe any person's legal rights.
•You are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name license.

You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

5. Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

•There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document
•You are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP)
•auDA may delete or cancel the registration of a .au domain name

Throughout the period of your Domain Name license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

6. Use of your information

You give to:

•auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies

•us, 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

•the Registry Operator, 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 Published Policies.

7. Dispute resolution

auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name license holder, or between a domain name license holder and a third party, in relation to entitlements to domain names.

The auDRP binds you and us severally as if it were incorporated in this document. You accept that:

•auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us

•Such policies bind you and us severally as if they were incorporated in this document

8. au Domain name license registrar transfer

We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

•The maximum fees which we can charge you for such transfer

•When we are not allowed to charge you fees

•The conditions under which we must transfer the registered Domain Name

•The conditions under which we are entitled not to transfer the registered the Domain Name

9. Limitation of liabilities

You cannot pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.

You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that 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 license 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.

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.