YAHOO MERCHANT SOLUTIONS, YAHOO WEB HOSTING, AND YAHOO MAIL BUSINESS EDITION ADDITIONAL TERMS OF SERVICE; MELBOURNE IT DOMAIN NAME REGISTRATION AGREEMENT .com, .net, .org, .biz and .info; MELBOURNE IT DOMAIN NAME REGISTRATION AGREEMENT .us

A note for pre-September 23, 2003, customers of Yahoo Store, Yahoo Web Hosting, or Yahoo Mail Business Edition: Signing up under these Terms of Service for Yahoo Merchant Solutions, Yahoo Web Hosting, or Yahoo Mail Business Edition (including any or downgrades or upgrades), will supercede and cancel any previous Terms of Service for Yahoo Store, Yahoo Web Hosting, or Yahoo Mail Business Edition that you entered into before September 23, 2003. If you signed up for Yahoo Store, Yahoo Web Hosting, or Yahoo Mail Business Edition before September 23, 2003, and have not agreed to these Terms of Service, the pre-September 23, 2003, respective Terms of Services govern your use, which are located at: Yahoo Store, Yahoo Web Hosting, or Yahoo Mail Business Edition.

1.0 ACCEPTANCE OF YAHOO TERMS

  1. 1.1 These Yahoo Merchant Solutions, Yahoo Web Hosting, and Yahoo Mail Business Edition Terms of Service ("TOS") are between you ("You" or "Your") and Yahoo Inc. and its affiliates ("Yahoo") and consists of the most recent versions of the terms and conditions of the TOS, the Yahoo Terms of Service, the Yahoo Site Guidelines, the Yahoo Privacy Policy, the Yahoo Small Business Privacy Policy, and any other Yahoo applicable policies and guidelines ("Guidelines") (all together, the "Terms"). Any person or entity acting on Your behalf shall also be bound by these Terms and You agree to be responsible for such person's or entity's actions. Any capitalized terms used herein but not otherwise defined herein shall have the meanings set forth in the Terms.
  2. 1.2 Yahoo reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4.1. You can review the most current version of these Terms at any time at /tos/smallbiz-tos and the most recent version of the Yahoo Terms of Service at http://docs.yahoo.com/info/terms. Regardless of whether Yahoo has provided You notice, Your continued use of the Service (as defined below) following Yahoo's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to Yahoo is updated and correct.
  3. 1.3 Certain of the services that You purchase or receive from Yahoo may be provided by one or more vendors, contractors, or affiliates selected by Yahoo in its sole discretion. If You are registering a new domain name in conjunction with the Service, Your use of the domain name is also subject to the Melbourne IT Domain Name Registration Agreement .com, .net, .org, .biz and .info or Melbourne IT Domain Name Registration Agreement .us, which is an agreement between You and Melbourne IT, and not with Yahoo.
  4. 1.4 BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU: (a) agree to be bound by these Terms, and if applicable, the Melbourne IT Domain Name Registration Agreement; (b) represent and warrant that You are 18 years old or older; (c) agree to provide true, accurate, current, and complete information in the Service registration form, Your Yahoo Wallet (including billing and credit card related information), and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; and (d) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service.

2.0 DESCRIPTION OF SERVICE

The complete list of services (the "Service") governed by these Terms is as follows:

  1. 1. Yahoo Merchant Solutions: Merchant Starter, Merchant Standard, and Merchant Professional
  2. 2. Yahoo Web Hosting: Web Hosting Starter, Web Hosting Standard, Web Hosting Professional
  3. 3. Yahoo Mail Business Edition ("Business Mail")

If You are a Merchant Solutions customer, Your Service includes E-Commerce (Store) functionality, Web Hosting, and Business Mail. Except for Section 12 (Personal Mail), these entire Terms apply to You.

If You are a Web Hosting Starter customer, Your Service includes Web Hosting and Yahoo Mail Personal Address. Except for Sections 9-11 (Content, Merchant Solutions, Business Mail) these entire Terms apply to You.

If You are a Web Hosting Standard or Professional customer, Your Service includes Web Hosting and Business Mail. Except for Sections 10 and 12 (Merchant Solutions and Personal Mail), these entire Terms apply to You.

If You are a Business Mail customer, Your Service includes Business Mail and Domain Name features. Except for Sections 9, 10, and 12 (Merchant Solutions and Personal Mail), these entire Terms apply to You.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.

3.0 YAHOO ID AND YAHOO WALLET REQUIREMENT

In order to use the Service, You must have a valid Yahoo ID and have agreed to the Yahoo Terms of Service found at http://info.yahoo.com/legal/us/yahoo/utos/en-us/. You must also have a Yahoo Wallet, which will save Your credit card, billing, and shipping information and other information.

4.0 PAYMENT

4.1 Payment Terms

The credit card that You provide for Yahoo Wallet will be automatically billed. All fees are cumulative and payable in U.S. dollars. All fees are non-refundable, regardless of whether the Service is cancelled or terminated by You or Yahoo, at any time, unless expressly stated as otherwise in these Terms. You will be charged for any extra fee features or add-ons that You subscribe to or use during each applicable billing cycle. If Your credit card is invalid or you are otherwise past-due in your payments for any reason, the Service may be terminated and removed from Yahoo's servers by Yahoo, and all the information contained within deleted permanently. Yahoo accepts no liability for information or content that is deleted due to an invalid credit card or where your payments are past-due. Please note: If you have received an offer for a specific number of free days of hosting in connection with signing up for a Service, then you will not be charged for the first time for hosting until after your free time period has ended. Subsequent billing dates will be on the monthly anniversary of the day you were first charged. For example, if you purchase a monthly subscription on October 15th and you get the first 30 days free, then you will not be charged at all until November 14th (there are 31 days in October). You would be charged again on December 14th, January 14th, and so on, until you decide to cancel. Yahoo in its discretion may offer discounts or special offers from time to time. Yahoo may, upon 30 days prior notice to You, alter any fees or terms of payment for Service at any time for any reason.

4.2 Merchant Solutions

If You are a Merchant Solutions customer, You will be charged (a) a one-time setup fee, (b) a monthly hosting fee at the beginning of each month, and (c) monthly transaction fee equal to a percentage of the Total Revenue, with payments due on the 6th day of the month after the calendar month to which the transaction fee applies. Go to https://smallbusiness.yahoo.com/ecommerce/compare-plans for current fee terms.

"Total Revenue" means the total dollar amount, excluding shipping and handling charges and any applicable taxes, of all transactions conducted through Your Store. You will be entitled to identify, and exclude from Total Revenue, those transactions conducted through Your Store that are cancelled or for which no products are shipped to the purchaser ("Excluded Transactions"), except that You must identify a transaction as an Excluded Transaction within 90 days from the date on which the transaction was originally conducted. Yahoo shall be entitled to audit, at a mutually agreed upon time during normal business hours, those records of Yours relating to Total Revenue, including Excluded Transactions, and otherwise to investigate Total Revenue, including Excluded Transactions, which might include contacting the purchaser to confirm that a transaction at issue is an Excluded Transaction.

Yahoo will calculate all fees and, in its discretion, may either (a) charge fees to the credit card that You designated, or (b) invoice You for the fees, to be paid by You within ten (10) days after the invoice date. Late payments shall bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). If You fail to make timely payment, You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Yahoo in collecting such amounts.

4.3 Web Hosting

If You are a Web Hosting customer, You will be charged (a) a one-time setup fee, and (b) a monthly hosting fee at the beginning of each month. Yahoo will calculate all fees. Go to https://smallbusiness.yahoo.com/webhosting for current fee terms

4.4 Business Mail

If You are a Business Mail customer, You will be charged (a) a one-time setup fee, and (b) a monthly service fee at the beginning of each month. Yahoo will calculate all fees. Go to https://smallbusiness.yahoo.com/email for current fee terms.

4.5 Data Transfer Fee

For Merchant Solutions and Web Hosting customers, if You choose the automatic billing option for extra data transfer for the Service and You go over Your package allotment, You will be billed automatically for each extra transfer rate increment. You will not be refunded for the extra data transfer in that increment that You did not use. If You do not choose automatic billing at registration, and You use up all Your data transfer capability in any given month, You can go back to Your options settings and opt in to automatic billing. You may opt out of automatic billing for extra data transfer at any time.

4.6 Upgrades and Downgrades

You can upgrade or downgrade between the plans and products listed in Section 1 above at any time. Such upgrade or downgrade will take effect immediately. For any upgrade in plan level or product, the credit card that You provided will automatically be refunded a pro-rata amount for the lower level Service and charged a pro-rata amount for the higher level Service. The refund and charge will both be based on the number of days remaining in the monthly term. The anniversary date of service will not change. For any downgrade, Your credit card will be refunded a pro-rata amount for the days remaining in the monthly term. Fees may not be credited towards other services.

5.0 TERM AND TERMINATION

5.1 Term

The initial term of these Terms will be for a period of one (1) month commencing on the date that You click the "I AGREE" button to these Terms and will automatically renew for successive monthly periods at renewal rates applicable at the time, unless terminated by either party according to these Terms (the "Term").

5.2 Cancellation/Termination by You

You may cancel Your Service and terminate these Terms at any time. If You wish to terminate the Services at the end of the Initial Term or any subsequent term to which you have agreed ("Renewal Term"), You must sign in to your account, access the control panel at https://smallbusiness.yahoo.com/services, and follow the instructions on the link labeled "Cancel Plan." If You cancel the Service before the end of the monthly term, Your Service and access to the Service will be discontinued immediately, and no refund will be provided for the remainder of the monthly term.

If You registered for a new domain name in conjunction with Your Service, and cancel before You have paid your second monthly term payment without disputing such charge with either your credit card company or Yahoo, Yahoo reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to Yahoo. You acknowledge that where Yahoo transfers such domain name to Yahoo under this Section 5.2, Yahoo will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name). Additionally, Your domain name will cease working with Your email and no longer point to Your website. After cancellation and when the monthly term ends, You will no longer have access to Your website and all information contained therein may be deleted by Yahoo.

If You did not register for a new domain name in conjunction with the Service, or did register for a new domain name but cancel Your Service after You have paid Your second monthly term payment without disputing such charge with either your credit card company or Yahoo, Your domain name will remain registered for its current term. However, Your domain name will cease working with Your email and no longer point to Your website. After cancellation and when the monthly term ends, You will no longer have access to Your website and all information contained therein may be deleted by Yahoo.

5.3 Termination by Yahoo

Yahoo may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, Yahoo may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from Yahoo servers, or remove any Content within the Service, if Yahoo concludes that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable Yahoo policy or Guideline or any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (d) are engaged in activities or sales that may damage the rights of Yahoo or others (each "Termination for Cause"). Any Termination for Cause by Yahoo will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your Yahoo ID is terminated for any reason, these Terms and Your access to the Service will also be terminated. Additionally, if You registered a new domain name in conjunction with Your Service, and Yahoo terminates Your Service due to a Termination for Cause before You have paid your second monthly term payment without disputing such charge with either your credit card company or Yahoo, then Yahoo reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to Yahoo. You acknowledge that where Yahoo transfers such domain name to Yahoo under this Section 5.3, Yahoo will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name).

5.4 Deletion of Content

Upon any termination of the Service, Yahoo reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including but not limited to order processing information, mailing lists, files, email, and any web pages generated by You or the Service. Yahoo accepts no liability for such deleted information or content.

5.5 Waiver

You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.

6.0 COMMUNICATIONS

As part of the Service, You agree to receive the first of an ongoing series of product update communications related to the Service ("Business Services Product Updates"). Business Services Product Updates may include informationabout Merchant Solutions, Business Mail, Web Hosting, and Domains, in addition to other related products and services. Upon receipt of this first Business Services Product Update, You will have the opportunity to opt-out of future Business Services Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication. Please note that You may also visit your Yahoo Marketing Preferences page at any time to manage Your communication preferences for other optional communication categories.

7.0 PRIVACY AND ACCEPTABLE USE

7.1 Yahoo Policies

You agree that you have received, read and understand the Yahoo Privacy Policy, the Small Business Mail Guidelines, and the Yahoo Site Guidelines (collectively, "Yahoo Policies"). The Yahoo Policies contain restrictions on Your online conduct (including prohibitions against unsolicited commercial email). Yahoo may change the Yahoo Policies upon notice to You, which notice may be provided by posting such new Yahoo Policies at the Yahoo website.

As part of Your Registration Process, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service, and updates to the Service. In order to opt out of receiving such communications, You must cancel the Service. You also understand and agree that the Service may include certain communications from Yahoo, such as service announcements and administrative messages, that these communications are considered part of Yahoo membership, and that You will not be able to opt out of receiving them.

7.2 Advertising and Promotions

Yahoo runs advertisements and promotions on Dormant Domains. A Dormant Domain is any domain name that uses Yahoo's name servers and is not being used by You to display Your content. A domain may become dormant by, including without limitation, (i) not setting up the bonus Starter Web Page offered by Yahoo Domains, Yahoo Custom Mailbox, or Yahoo Business Mail upon purchase of any of these products, (ii) not modifying the default "Under Construction" page provided with your Yahoo Web Hosting, Yahoo Store, or Yahoo Merchant Solutions product, (iii) cancellation or expiration of the Yahoo Domains service without redelegating or transferring the domain to another provider, (iv) canceling your Custom Mailbox, Business Mail, Web Hosting, Store, or Merchant Solutions service without redelegating or transferring the domain to another provider. By allowing Your domain name to become a Dormant Domain, you agree that Yahoo has the right to run such advertisements and promotions. In the event you would like Yahoo to cease running advertisements and promotions on your Dormant Domain, you may contact Yahoo as set forth at https://smallbusiness.yahoo.com/contactus/. The manner, mode, and extent of advertising by Yahoo on your Dormant Domain is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7.3 Abusive User Behavior

Yahoo uses certain confidential internal and third-party tools and techniques to protect users from abusive and other harmful behavior on the Internet and on the Yahoo servers. Yahoo reserves the right to take any action it deems necessary at its sole discretion, including, without limitation, account termination or suspension, to protect against such abusive or harmful behavior. Yahoo updates these tools, techniques, and practices from time to time as the abusive practices and industry standards change. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred by You, or any third party, as the result of Yahoo taking or not taking any actions in response to any actual or perceived abusive user behavior.

7.4 Interference

  1. (a) You may not spam our system and/or impose an unreasonably or disproportionately large load on our system. You may not put any material on a Yahoo Site that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  2. (b) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  3. (c) market Your business through multiple submissions in public forums that are identical.

8.0 OWNERSHIP AND SECURITY

You will receive a password from Yahoo to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password, and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals ("Domain Email Users"). You agree to immediately notify Yahoo of any unauthorized uses of the Service or any other breaches of security. Yahoo cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Yahoo be liable, in any way, for any acts or omissions, of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.

9.0 CONTENT AND SOFTWARE - THIS SECTION ONLY APPLIES TO MERCHANT SOLUTIONS AND WEB HOSTING CUSTOMERS

9.1 Content and Conduct Rules

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Yahoo, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via the Service. The Content must comply with these Terms, which specifically include the content terms in the Yahoo Terms of Service and any applicable Yahoo policy or Guideline, and any applicable law or regulation.

9.2 Content Ownership

Yahoo does not claim ownership of the Content You place on Your Service. By submitting Content to Yahoo for inclusion on Your Service, You grant Yahoo and its successors and assigns, the world-wide, royalty-free, and non-exclusive license under Your copyrights and other intellectual property rights, if any, in all material and content displayed in Your website to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Yahoo property the results of search queries and comparisons conducted on Yahoo, including, without limitation, searches conducted on Yahoo Shopping and the Service. You also grant Yahoo the right to maintain such content on Yahoo's servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as You continue to be a Service customer and terminates when Your Service is terminated.

You acknowledge that Yahoo does not pre-screen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Yahoo and its designees shall have the right to remove any Content that violates these Terms, including any applicable Yahoo policy or Guideline, is illegal, or is otherwise objectionable as determined in Yahoo's sole discretion. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9.3 Yahoo Proprietary Rights and Software

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available from Yahoo for the Service, or contained in sponsor advertisements or information presented to You through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Yahoo or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such Content, the Service, or the Software, in whole or in part

Yahoo grants to You a personal, non-transferable, and non-exclusive right and license to use the object code of its Software only on a server controlled by Yahoo for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by Yahoo for use in accessing the Service.

You may not use web pages or parts of web pages generated by means of the Software, other than content that originates from and is proprietary to You, on any server other than the servers controlled by Yahoo without Yahoo's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Yahoo does not commit to support any particular browsing platform. Yahoo reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.

With respect to any elective, additional software that may be made available by Yahoo in connection with the Service, if You elect to download or access such additional software, You understand that You may have to agree to additional terms and conditions before You use such software.

9.4 Yahoo Small Business Account Function

You acknowledge that the web hosting service is offered as a platform to host and serve web pages and websites and is not offered for other purposes, such as remote disk space storage. Accordingly, You understand and agree to use the web hosting service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Yahoo Small Business is designed to serve the web hosting needs of small, independently owned and operated businesses in the United States. It is not intended to support the greater web hosting needs of large enterprises or internationally based businesses. Yahoo Small Business is also a shared web hosting service, which means a number of customers' websites are hosted from the same server. To ensure that Yahoo Small Business is reliable and available for the greatest number of users, a customer's website usage cannot adversely affect the performance of other customers' sites.

Additionally, the purpose of Yahoo web hosting is to host websites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at Yahoo's sole discretion, You are deemed to have violated this section, or if Yahoo, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Yahoo's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Yahoo may suspend or terminate Your account without notice to You and with no liability to Yahoo.

10.0 MERCHANT SOLUTIONS - THIS SECTION ONLY APPLIES TO MERCHANT SOLUTIONS CUSTOMERS

10.1 E-Commerce (Store)

With Merchant Solutions, You can use the Service to facilitate the creation and maintenance of an interactive online store ("Store") for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password. Certain Stores may be subject to additional requirements. You agree that Your use of the Service and Your Store will be in compliance with the Yahoo Site Guidelines and any applicable laws and regulations at all times. You agree to display in Your Store, Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete.

10.2 Representations and Warranties

You represent and warrant that You have full power and authority under all relevant laws and regulations: (a) to offer and sell the goods and services offered at the Store, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Store; (b) to copy and display the materials used or displayed at the Store; and (c) to provide for credit card payment and delivery of goods or services as specified at the Store.

10.3 Suspension or Termination of Store

In addition to that set forth in 5.3, Yahoo reserves the right terminate Your Service, or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; or (b) has become the subject of a government complaint or investigation. Additionally, Yahoo reserves the right to review and remove any Store at any time for non-compliance with these Terms.

10.4 Merchant Information

Yahoo maintains information about You and the Store on Yahoo servers, including but not limited to Your Account Information, Your customer order information, sales information, and clickstream data ("Merchant Information"). You grant to Yahoo a non-exclusive, worldwide, royalty-free, perpetual license to use Merchant Information in aggregate form (i.e., in a form that is not individually attributable to You) for research, marketing, and other promotional purposes. You agree that Yahoo may disclose Merchant Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce these Terms; (d) to respond to claims that You or the Store is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Yahoo, Yahoo Store or others; provided, however, that nothing in this Section shall impose a duty on Yahoo to make any such disclosures.

10.5 PCI Compliance

To the extent that Your Store is in possession of cardholder data, Yahoo acknowledges that it is responsible for the security of that data and is compliant with the Payment Card Industry Data Security Standard ("PCI DSS"). For the most recent assessment of Yahoo completed by a PCI-approved Qualified Security Assessor ("QSA"), please contact us.

10.6 Deletion of Merchant Information

You agree that Yahoo may delete customer credit card information from Yahoo servers 14 days after You retrieve such information, and may delete all other Merchant Information from Yahoo servers at the end of each calendar year.

10.7 Technical Access

You acknowledge and agree that technical processing of Merchant Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that Yahoo may access Your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

10.8 Your Privacy Policy

You agree (a) to post a privacy policy in Your Store that, at a minimum, discloses any and all uses of personal information that You collect from users; (b) to include in Your privacy policy a paragraph provided or approved by Yahoo that describes Yahoo's collection and use of Your customer's information, (c) to provide a hypertext link to Your privacy policy on the home page of Your Store and on all pages where You collect personal information from users, including but not limited to all check out pages; and (d) to use personal information only as expressly permitted by Your privacy policy.

10.9 Public Announcements

You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Yahoo and You, including the method and timing of such announcements, must be approved in advance by Yahoo in writing. Yahoo reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.

10.10 Sale and Assignment of Stores

Notwithstanding Section 17 below, You are permitted to sell Your Store to a third party, provided that all of the following occur: (a) You assign all rights and obligations under these Terms to such third party receiving the Store, (b) give prior notice to Yahoo, (c) provide to Yahoo evidence that such third party has agreed to these Terms as a permitted assignee, and (d) such third party assignee has provided Yahoo with all information requested by Yahoo, and such information is complete and accurate. Any attempt to sell a Store or assign these Terms in violation of this Section 10.9 will be null end void, and You will remain responsible for all obligations and liabilities under these Terms, Your Store, and the Service.

11.0 BUSINESS MAIL - THIS SECTION DOES NOT APPLY TO WEB HOSTING STARTER CUSTOMERS. SEE SECTION 12 BELOW

11.1 Service Description

Business Mail allows You to register a domain name and to create web-based or pop email accounts for the purpose of sending and receiving email at the domain name registered by You. You can create email sub-accounts for Domain Email Users so that they may send and receive email with selected email addresses. You expressly agree that any violation of these Terms may result in termination of any and all email accounts, as determined in Yahoo's sole discretion. Yahoo expressly assumes no liability for any losses incurred due to Domain Email User activities.

11.2 Domain Email Users

If You are a Domain Email User, Your use of Your email subaccount is also subject to these Terms, and that Your violation of these Terms may result in termination of Your subaccount, or the entire Service, as determined in Yahoo's sole discretion.

Please note that all Domain Email Users who are assigned web-based email subaccounts must have Yahoo IDs and are subject to the Yahoo Terms of Service. Yahoo expressly assumes no liability for any losses incurred by the company due to Domain Email User activities.

Domain Email Users who are assigned web-based email sub-accounts may use their Yahoo ID's to access Yahoo Calendar, Address Book, Briefcase, and Notepad (collectively "PIM") in conjunction with their Business Mail email account. Information residing in a Domain Email User's PIM belongs to the Domain Email User. Information residing in the separate Business Mail account belongs to You. You may edit preferences, settings, add or delete email addresses, read or send email, monitor Domain Email User behavior, and control access to certain areas on the Business Mail account.

12.0 DOMAIN REGISTRATION

12.1 New Domain Registration

If You register a new domain name in conjunction with the Service, the following terms also apply:

  1. (a) Yahoo has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar for .com, .net, .org, .biz, .info, and .us domain names, to provide domain name registration services. You hereby authorize Yahoo to acquire Your selected domain name from INWW. In order to receive a domain name, You must agree to INWW's terms and conditions, which is at the bottom of these Terms and also located at http://www.melbourneit.com.au/policies/tldtermcond.php3 for .com, .net, .org, .biz, and .info domain names and http://www.melbourneit.com.au/policies/uspolicy.php3 for .us domain names, as may be amended. You understand that You are creating a separate contractual relationship between You and INWW, and that You, and not Yahoo, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is cancelled or otherwise terminated, Yahoo will pay on Your behalf the domain registration/renewal fees as part of the Service. You agree that Your obligations to indemnify under "Indemnity" in these Terms includes any claim or demand associated with Your domain name, any domain name pre-registration services provided through the Service, or the INWW terms and conditions.
  2. (b) You will be listed as the registrant and administrative contact in connection with Your domain name, unless You choose another registrant and administrative contact. If You choose a registrant and administrative contact other than Yourself, such person(s) must enter into an agreement directly with the INWW and, additionally, will be bound by this Agreement in addition to You. You hereby authorize Yahoo to list Yahoo as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions Yahoo deems appropriate in those capacities. However, upon termination of the Service, Yahoo may immediately cease acting in those capacities and reserves the right to transfer Your account to INWW for collection of past-due amounts. In the event of such transfer, You authorize INWW to serve as the billing contact, technical contact, and name server in connection with Your domain name, and to take any actions the INWW deems appropriate in those capacities. Upon termination of the Service, Yahoo will not be responsible for forwarding any notices, emails, or other correspondence to You or taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing Yahoo as the billing, technical contact, and name servers in connection with Your domain name, unless Yahoo notifies You otherwise.

12.2 Using a Preexisting Domain Name

If You have previously registered a domain name with another provider and want to use it with the Service, You must request that the existing registrar change the name servers for the domain name as designated by Yahoo, on Your behalf.

PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE REGISTRAR FOR THAT DOMAIN AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING RENEWAL FEES. THE FEES PAYABLE TO YAHOO FOR THE SERVICE DO NOT INCLUDE REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.

12.3 Transferring to Yahoo's Registrar of Record

INWW is Yahoo's current registrar of record. If Yahoo switches to another registrar of record, Yahoo may at any time request in writing that You transfer the domain name registered for the Service to the new registrar of record. If You do not agree to this request within 30 days, You agree that Yahoo will continue to provide the Service to You, but may, in its sole discretion, either:

  • (a) require You to pay an additional fee to Yahoo for the Service in order to renew and maintain Your domain name with the prior registrar of record; or
  • (b) require You to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which case You authorize Yahoo to cease to pay for the domain name fees as part of the Service, and change the billing contact details for the domain name from Yahoo to You by providing Your applicable Account Information to the prior registrar of record.

12.4 Verifying Your Domain Name Information

In compliance with ICANN regulation and the INWW gTLD Terms and Conditions or the INWW .us Terms and Conditions, as applicable ("Required Information") and in order to minimize the risk of fraud, Yahoo may at any time request You to verify any information required to be supplied by a registrant. If You fail to respond to any such request or fail to verify any Required Information to Yahoo's reasonable satisfaction, within 15 days of any such request from Yahoo, Yahoo may, in its sole discretion, immediately terminate Your Service and remove any of Your materials, including Your domain name, from Yahoo servers.

12.5 Expired Domains

Should Your Service be terminated, and You let Your domain registration lapse, Your registration will expire and Yahoo may, at our discretion, elect to assume the registration for our own account, delete it, or sell it to a third party. You acknowledge and agree that Your right and interest in a domain name ceases upon its expiration, and that any expired domain name may be made available for registration by a third party.

13.0 COMPLIANCE

You agree to comply with the export, re-export, and import laws and regulations of the United States and other applicable countries where you operate or do business, including but not limited to the United States Export Administration Regulations, the antiboycott rules, and the Office of Foreign Assets Control regulations. Specifically, but without limitation, you represent and warrant that you:

  1. (a) will not use the Service to directly or indirectly conduct, promote, or facilitate business in countries and with nationals that are prohibited by U.S. embargoes or trade sanctions (these embargoed and sanctioned countries are: Cuba, North Korea, Iran, Sudan, and Syria; You are responsible for complying with any updates and revisions that the U.S. government makes to this list of prohibited export destinations);
  2. (b) are not a party identified on any government export exclusion lists nor using the Service to conduct business with a party identified on such lists, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists;
  3. (c) will not use the Service to export items, Content, or materials to or for military, nuclear, missile, chemical, or biological weaponry end users or end uses; and
  4. (d) will defend, indemnify, and hold Yahoo harmless against any liability (including attorneys fees) arising out of or related to your failure to comply with applicable export, re-export, and import laws and regulations.

You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations, and orders, including, but not limited to, tax and intellectual property, including copyright, content, sales, mail-order, commerce, and ecommerce laws and regulations. You shall be responsible for determining which laws or regulations are applicable to Your use of the Services. You shall, upon the request of Yahoo, provide Yahoo assurance of Your compliance with those laws. You acknowledge that Yahoo exercises no control whatsoever over the content of the information passing through Your site(s) and that it is Your sole responsibility to ensure that the information You and Your users transmit and receive complies with all applicable laws and regulations and the Yahoo Policies.

14.0 SUPPORT

Yahoo reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.

15.0 INDEMNITY

You agree to indemnify and hold harmless Yahoo, and its parents, subsidiaries, affiliates, cobranders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, including any applicable Yahoo Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. Yahoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

16.0 RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Yahoo.

17.0 GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Yahoo may establish general practices and limits concerning use of the Service.

18.0 MODIFICATIONS TO AND DISCONTINUATION OF SERVICE

Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

19.0 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. (a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. (b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
  3. (c) THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
  4. (d) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  5. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  6. (f) YAHOO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

20.0 LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, CO-BRANDERS OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; (vi) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

YAHOO'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO YAHOO OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21.0 NOTICE

Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Yahoo, such notices shall be addressed to Yahoo Small Business, 701 First Avenue, Sunnyvale, CA 94089, USA. If to You, such notices shall be addressed to the electronic or mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. Yahoo may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Service.

22.0 CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)

These Terms and the relationship between You and Yahoo shall be governed by the laws of the State of California without regard to its conflict of law provisions, and specifically excluding from application to these Terms that law known as the United Nations Convention on the International Sale of Goods. You and Yahoo agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California. The failure of Yahoo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.0 INTEGRATION AND SEVERABILITY

These Terms constitute the entire agreement between You and Yahoo and govern Your use of the Service, superceding any prior agreements between You and Yahoo, Yahoo Store, Yahoo Web Hosting, or Yahoo Business Mail (including, but not limited to, any prior versions of this TOS). You also may be subject to additional terms and conditions that may apply when You use affiliate or other Yahoo services, third-party content, or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

24.0 SURVIVAL

The provisions of Sections 4, 5.4, 5.5, 7, 8, 9, 10.1, 10.2, 10.4, 10.5, 10.9, and 11 through this Section 24 will survive any termination or expiration of these Terms.

MELBOURNE IT DOMAIN NAME REGISTRATION AGREEMENT

.com, .net, .org, .biz, and .info registrations only

TERMS AND CONDITIONS

General

1. Introduction

This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the "Registrant") to Melbourne IT Limited ACN 073 716 793 ('Melbourne IT') for the purpose of registering a domain name on the Internet. Clauses 1-19 set out the general provisions governing all domain name registrations under this Registration Agreement. Clauses 20 . 22 set out the additional provisions specific to .com, .net, and .org domain name registrations. Clause 23 sets out the additional provisions specific to multi-lingual domain name registrations. Clause 24 sets out the additional provisions specific to .biz and .info domain name pre-registrations and registrations. If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any .com, .net, .org, .biz, or .info domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.

2. Terminology

Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers ('ICANN'). Verisign Global Registry Services is the registry administrator responsible for administering the .com, .net, .org domain name registry. NeuLevel, Inc., is the registry administrator responsible for administering the .biz domain name registry. Afilias Ltd. is the registry administrator responsible for administering the .info domain name registry.

3. Licensing of Domain Name

Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.

4. Dispute Policy

Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT, that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT's current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of .biz and .info domain names, other dispute policies may apply as specified by the registry administrator of those domain names from time to time, as described in more detail in clause 24A(4) for .biz, and in clause 24B(2) for .info (the "Other Dispute Policies"). Registrant agrees that Melbourne IT may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed at www.inww.com/policies/gtlddispute.php3. The UDRP Dispute Policy procedure can be viewed at www.inww.com/policies/gtldrules.php3

5. Agents

Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.

6. Limitation of Liability

To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the registry administrator has any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with Melbourne IT's processing of this Registration Agreement, Melbourne IT's processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the services.

7. Indemnity

Registrant agrees to indemnify, keep indemnified, and hold both Melbourne IT and the registry administrator, their directors, officers, employees, and agents harmless from and against all and any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or pre-registration, or to the Registrant's use of the domain name.

8. Breach

Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not breached its obligations, then Melbourne IT may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, or electronic means.

9. No Warranty by Melbourne IT

Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the pre-registration, registration, or use of the domain name.

10. Warranty

Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.

11. Revocation

Registrant agrees to keep all information required to be supplied by Registrant under this Registration Agreement ("Required Information") true, complete, and accurate at all times and to respond in writing to all requests from Melbourne IT to verify any Required Information within 15 days of any such request ("Required Time Period"). Registrant agrees that Melbourne IT may delete a Registrant's domain name if Registrant fails to respond to any request to verify any Required Information within the Required Time Period or fails to verify any Required Information to Melbourne IT's [reasonable] satisfaction, as required by this clause 12, or, if any Required Information, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Registration Agreement.

12. Right of Refusal

Registrant acknowledges that the registry administrator or ICANN policy may provide that registration of certain domain names is prohibited. Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees that Melbourne IT is not liable for loss or damage that may result from Melbourne IT's refusal to accept this Registration Agreement.

13. Change in Registrar

Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy. Registrant agrees it may not change its Registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT.

14. Suspension, Cancellation, Transfer

Registrant agrees that registration of its domain name shall be subject to suspension, cancellation, or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:

  1. 14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
  2. 14.2 for the resolution of disputes concerning the domain name; or
  3. 14.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.

15. Non payment

Registrant agrees that failure to pay any Registration fee when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card has been declined) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 15, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Melbourne IT's re-transfer fee of US (exclusive of local taxes).

16. Severability

Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

17. Entirety

Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

18. Governing Law

Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Victoria (including the Victorian Registry of the Federal Court of Australia) and all courts hearing appeals from such Courts.

19. General

  1. 19.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
  2. 19.2 Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right torequire any provision to performed at any time thereafter.

.com, .net, .org Domain Name Registrations

20. Payment

  1. 20.1 The Registration fee is payable with the Application.
  2. 20.2 Registration is not effective until the Registration fee has been paid and cleared.
  3. 20.3 The Registration is for the full period of years selected and paid for at the time of Application or renewal.
  4. 20.4 All fees are non-refundable.

21. Application Details

Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration period and to respond within fifteen (15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.

22. Use of Information

  1. 22.1 Registrant acknowledges Information obtained from Registrant will be:
    1. 22.1.1 transmitted to the registry administrator for registry use.
    2. 22.1.2 publicly available as required by ICANN.
    3. 22.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
  2. 22.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by Melbourne IT. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Melbourne IT of its current agent as required by Melbourne IT.
  3. 22.3 Registrant consents to the use of the Information for the purposes set out in clauses 22.1.1 to 22.1.3. If Registrant does not consent to the use of the Information for the purposes set out in clause 22.1.3, then the Registrant is required to provide non consent verification stating name, address, date, and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, 120 King Street, Melbourne 3000 Australia.
  4. 22.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Melbourne IT, the same information about use of those details as are set out in this clause 22, and that the third parties individually have consented to use of their personal data.
  5. 22.5 Melbourne IT will not process Information in a manner incompatible with the purposes and limitations set out in this clause 22
  6. 22.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access, or disclosure, alteration, or destruction.

Multilingual Registrations

23. Special Provisions for ML.Registrations

Registrants who register a multilingual domain name [hereafter referred to as 'ML Registrations'] acknowledge that the system is currently in a testbed phase, is subject to change and that future changes to standards by the Internet Engineering Task Force (IETF) may cause the registrant's domain name registration to become invalid and be deleted or may require changes to the internal representation of a domain name, or may require a change to the period of the licence.

The registrant's ML.Registration is stored in the Registry's database in an ASCII-compatible representation as defined by the RACE Internet-Draft. The Internet Engineering Task Force (IETF) has not finalized multilingual standards. In the future, revisions to the Internet draft documents may cause:

  1. 1. The Registrant's ML.Registration to become invalid and be deleted.
  2. 2. Modification to the Registry's internal representation of the domain name.

Such occurrences will be resolved on a case-by-case basis, as they occur.

REGISTRANTS WHO REGISTER AN ML.REGISTRATION DO SO AT THEIR OWN RISK AND RELEASE, DISCHARGE AND HOLD HARMLESS MELBOURNE IT, ITS EMPLOYEES, AND AGENTS AND THE REGISTRY FROM AND AGAINST ALL CLAIMS, LOSS, OR DEMANDS FROM REGISTRANT AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF AN ML.REGISTRATION, 0R ANY CHANGE OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE AN ML.REGISTRATION. NO REFUND OF ANY PART 0F REGISTRATION FEES PAID OR PAYABLE WILL BE MADE IF AN ML.REGISTRATION IS CHANGED, DELETED OR IS NOT ABLE TO BE USED.

24. .biz and .info Domain Name Pre-registrations and Registrations

A. Should you seek to register a .BIZ second-level domain name, you must contractually agree to the following terms:

1. BIZ RESTRICTIONS

Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "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. a. To exchange goods, services, or property of any kind;
  2. b. In the ordinary course of trade or business; or
  3. c. 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.

2. BIZ CERTIFICATION

As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:

  1. a. 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
  2. b. The domain name Registrant has the authority to enter into the registration agreement; and
  3. c. The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

3. PROVISION OF REGISTRATION DATA

  1. 3.1 Provision of Registration Data. As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, email address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement, available at http://www.icann.org/registrars/ra-agreement-12may99.htm. For bulk services in respect of the registration data which are provided by Melbourne IT, if the Registrant does not consent to the use of such information for inclusion in registers and data bases produced by Melbourne IT or its licensees, then the Registrant is required to provide non consent verification stating name, address, date, and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, 120 King Street, Melbourne 3000 Australia.
  2. 3.2 Inaccurate or Unreliable Data.You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date, and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the email address of the administrative, billing, or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

4. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree 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. (i) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
  2. (ii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS

You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.

6. RESERVATION OF RIGHTS

Melbourne IT and the .biz registry operator, NeuLevel, Inc., expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Melbourne IT and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors, and employees. Melbourne IT and NeuLevel, Inc., also reserve the right to freeze a domain name during resolution of a dispute.

B. Should you seek to register a .INFO second-level domain name, you must contractually agree to the following terms:

  1. 1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant.s Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/
  2. 2. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period (an explanation of which can be found at http://www.afilias.info/faq/sunrise.html), including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html. These policies are subject to modification by the registry operator.
  3. 3. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.
  4. 4. Registrant acknowledges 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 (an explanation of which can be found at http://www.afilias.info/faq/start-up.html), including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
  5. 5. Registrar and the registry operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors, and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.

.us registrations only

TERMS AND CONDITIONS

1. Introduction

This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the licence holder of a domain name (the 'Registrant') to Melbourne IT Limited ACN 073 716 793 ('Melbourne IT') for the purpose of registering a .us domain name on the Internet.

2. Terminology

Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers ('ICANN') and an accredited Registrar of .us domain names by NeuStar, Inc., the registry administrator responsible for administering the .us domain name registry (the 'registry administrator').

3. Licensing of Domain Name

Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.

4. Non Payment

Registrant agrees that failure to pay any Registration fee when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 15, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Melbourne IT's re-transfer fee of US (exclusive of local taxes).

5. Dispute Policy

  1. 1. Registrant agrees that its .us domain name registration is subject to the terms of the registry administrator's current domain name dispute policy for .us domain name disputes located at www.neustar.us. Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the policy of the registry administrator as documented on its website www.neustar.us as amended from time to time by the registry administrator.
  2. 2. Registrant agrees that registry administrator may modify its .us domain name dispute policy as described in paragraph (a) by posting any revisions to the policy with 30 days prior written notice. Registrant agrees that by maintaining the reservation or registration of its .us domain name after modifications to the dispute policy become effective, it has agreed to the modifications.
  3. 3. Registrant agrees that if use of its .us domain name registration is challenged by a third party, it will be subject to the provisions of the .us domain name dispute policy as described in paragraph (a) (as updated), including any .us registry policies incorporated by reference (if any). Registrant agrees that if the registry administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a .us domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the registry administrator. Registry administrator may not allow Registrant to make changes to such domain name record until:
    1. 1. directed to do so by the judicial or administrative body, or
    2. 2. it receives notification by Registrant and the other party contesting the registration that the dispute has been settled. Registrant agrees that if it is subject to litigation regarding registration and use of its .us domain name registration, registry administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the registry administrator.

6. Agents

Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.

7. Limitation of Liability

To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the registry administrator has any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with Melbourne IT's processing of this Registration Agreement, Melbourne IT's processing of any application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the services.

8. Indemnity

Registrant agrees to indemnify, keep indemnified, and hold both Melbourne IT and the registry administrator, their directors, officers, employees, and agents harmless from and against all and any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration, or to the Registrant's use of the domain name.

9. Breach

Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not breached its obligations, then Melbourne IT may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, or electronic means.

10. No Warranty by Melbourne IT

Registrant agrees that a registration of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the, registration or use of the domain name.

11. Warranty

Registrant warrants that, to the best of Registrant's knowledge and belief

  1. 1. neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;
  2. 2. it has and will continue to have for the term of this Agreement a lawful bone fide .US Nexus as that term is defined in the '.US TLD Nexus Requirements' document on the .us TLD website located at www.neustar.us, as may be modified from time to time by the Registry Administrator, and that Registrant qualifies to register to use a .us domain name;,/li>
  3. 3. Registrant is of legal age to enter into this Agreement; and
  4. 4. Registrant agrees to comply with all applicable laws, regulations, and policies of the registry administrator as updated from time to time on the US TLD website located at www.neustar.us in respect of its .us domain names.

12. Revocation

Registrant agrees to keep all information required to be supplied by Registrant under this Registration Agreement ("Required Information") true, complete, and accurate at all times and to respond in writing to all requests from Melbourne IT to verify any Required Information within 15 days of any such request ("Required Time Period"). Registrant agrees that Melbourne IT may delete a Registrant's domain name if Registrant fails to respond to any request to verify any Required Information within the Required Time Period or fails to verify any Required Information to Melbourne IT's [reasonable] satisfaction, as required by this clause 12, or, if any Required information, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Registration Agreement.

13. Right of Refusal

Registrant acknowledges that the registry administrator policy may provide that registration of certain domain names is prohibited. Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees that Melbourne IT is not liable for loss or damage that may result from Melbourne IT's refusal to accept this Registration Agreement.

14. Change in Registrar

Registrant agrees that it can change its registrar for an existing domain name only in accordance with registry administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT.

15. Suspension, Cancellation, Transfer

Registrant agrees that registration of its domain name shall be subject to suspension, cancellation, or transfer by any registry administrator procedure:

  1. 1. to correct mistakes by Melbourne IT or the registry administrator in registering the domain name;
  2. 2. for the resolution of disputes concerning the domain name; or
  3. 3. in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.

16. Provision of registration data

Registrant agrees that as part of the registration process for .us domain names, it is required to provide the registry administrator with certain information and to update the information to keep it current, complete, and accurate. This information includes

  1. 1. the Registered Name;
  2. 2. the names of the Registrant's primary nameserver and secondary nameserver(s) for the Registered Name;
  3. 3. Registrant's name and postal address;
  4. 4. the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
  5. 5. the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
  6. 6. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the Registered Name;
  7. 7. any remark concerning the registered domain name that should appear in the Whois directory; and
  8. 8. any other information which the registry administrator requires to be submitted to it including, without limitation, information relating to the primary purpose for which a .us domain name is registered (e.g., business, education, etc.).
  9. 9. the Registrant acknowledges and agrees that the registration data described above will be made publicly available by the registry administrator on the WHOIS directory. Any information submitted to the registry administrator concerning an identified or identifiable natural person ('Personal Data') will be used by the registry administrator in connection with the registration of the Registrant's domain names and as required or permitted by the Department of Commerce's contract with the registry administrator or any registry administrator/Department of Commerce policy.

17. Inaccurate information

The Registrant warrants that any data provided in its .us domain name registration application is true, correct, up to date, and complete and that the Registrant will continue to keep all the information provided up to date. Registrant agrees that:

  1. 1. its wilful provision of inaccurate or unreliable information;
  2. 2. its wilful failure to promptly update information provided to Melbourne IT or the registry administrator; or
  3. 3. any failure to respond for over five (5) calendar days to enquiries from the registry administrator addressed to the email address of the administrative, billing or technical contact then appearing in the WHOIS directory concerning the accuracy of contact details associated with any .us domain name registration, will constitute a breach of this Agreement.

18. Government use of data

Registrant agrees that the U.S. Government has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, perform publicly, and display publicly in any manner and for any purpose whatsoever and to have or permit others to do so, all data provided by Registrant. 'Data' means any recorded information and includes, without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

19. Reservation by registry administrator

Registrant agrees that Melbourne IT and registry administrator reserves the right to deny, cancel, or transfer any .us domain name registration which either party deems necessary in its discretion:

  1. 1. to protect the integrity and stability of the registry;
  2. 2. to comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process;
  3. 3. to avoid any liability, civil or criminal, on the part of Melbourne IT or registry administrator, their directors, officers, employees, and agents;
  4. 4. where there is a breach of this Agreement;
  5. 5. to correct mistakes made by Melbourne IT or the registry administrator in connection with a .us domain name registration. Melbourne IT and registry administrator also reserve the right to freeze a domain name during resolution of a dispute.

20. Severability

Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

21. Entirety

Registrant agrees that this Registration Agreement and the relevant domain name dispute policy is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant's .us domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

22. Governing Law

Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Victoria, Australia. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Victoria (including the Victorian Registry of the Federal Court of Australia) and all courts hearing appeals from such Courts.

23. General

  1. 1. Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
  2. 2. Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.