Australian and International Domain Name Registration Services Agreement - ConcordNet Australia

1.0 Introduction

1.1 This domain name registration agreement applies to all domain name registration services provided by Cascade iCOM Pty. Ltd. (trading as ConcordNet) and hereunder referred to as ConcordNet and the Customer who places an order for registration of a domain or otherwise utilizes ConcordNet’s domain registration services. (here under referred to as the Customer).

1.2 The purpose of this agreement is to explain ConcordNet’s obligations to the customer and also explains the Customer’s obligations to ConcordNet for various domain registration services.

2.0 Scope of the Agreement

2.1 This agreement is applicable to all domain registration services provided by ConcordNet, including the registration of Australian and International domain names.

2.2 By selecting the services provided by ConcordNet the Customer has agreed to establish an account with Concordnet for such Services. When the Customer uses the account or permits someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Services (even if Concordnet is not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, the Customer acknowledges that they have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

3.0 Terms of the Agreement

3.1 Selection of a Domain Name - ConcordNet cannot and do not check to see whether the domain name the Customer selects, or the use the Customer makes of the domain name, infringes legal rights of others. We urge the Customer to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest the Customer seeks competent legal advice. The Customer may wish to consider seeking one or more trademark registrations in connection with the domain name. The Customer should be aware that there is the possibility that Concordnet might be ordered by a Court to cancel, modify, or transfer the domain name. The Customer should be aware that if we are sued or threatened with a lawsuit in connection with the Customer’s domain name, Concordnet may turn to the Customer to hold ConcordNet harmless and also indemnify ConcordNet. 

3.2 Fees, payment and Term - As consideration for the services the Customer has selected, you agree to pay ConcordNet the applicable service(s) fees. All fees payable hereunder are non-refundable unless ConcordNet provides otherwise. As further consideration for the Services, the Customer agrees to: (1) provide certain current, complete and accurate information about the Customer as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant ConcordNet the right to disclose to third parties such Account Information. 

The Customer, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in the application are true and that the registration of the selected Domain Name, so far as the Customer (the Registrant) is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by ConcordNet) in connection with the payments of the registration fee for your domain name registration, the Customer agrees and acknowledges that the domain name registration shall be transferred to ConcordNet as the paying entity for that registration to the registry. ConcordNet will reinstate your domain name registration solely at ConcordNet’s discretion, and subject to the receipt of the initial registration or renewal fee and ConcordNet’s then-current reinstatement fee, currently set at AU$200. 

3.3 Modifications to the Agreement – The Customer agrees, during the period of this Agreement, that ConcordNet may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on ConcordNet’s web site, or on notification to you by email or regular mail as per the Notices section of this agreement The Customer agrees to review ConcordNet’s web site, including the Agreement, periodically to be aware of any such revisions. If the Customer does not agree with any revision to the Agreement, the Customer may terminate this Agreement at any time by providing ConcordNet with notice by email or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by ConcordNet. The Customer agrees that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), the Customer abides by any such revisions or changes. 

3.4 Domain Name Dispute Resolution – For Australian domains (.au) the Customers agrees to abide by the .au Dispute Resolution Policy and for International domains the ICANN Uniform Disputes Policy, where there are competing rights in a domain name. These policies form an integral part of the Domain Name Registration Agreement and Customers should familiarize themselves with such policies. In particular, the Customer agrees that if the registration or reservation of the Customer’s domain name is challenged by a third party, the Customer will be subject to the provisions specified in the Dispute Resolution Policies Policy in effect at the time of the dispute. The Customer agrees that in the event a domain name dispute arises with any third party, you will indemnify and hold ConcordNet harmless pursuant to the terms and conditions contained in the Dispute Policies. For any dispute, the Customer’s agrees to submit to the jurisdiction of the courts of the Customer’s domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the relevant federal or state courts located in Australia. 

3.5 Agents- The Customer agrees that if any agent of the Customer (for example, an Internet Service or Web Hosting Services provider) purchases ConcordNet’s Services on the Customer’s behalf, the Customer is bound by all terms and conditions herein, including the Dispute Resolution Policies. 

3.6 Announcements – ConcordNet reserves the right to distribute information to the Customer that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance the Customer’s identity on the Internet. 

3.7 Limitation to Liability – The Customer agrees that ConcordNet’s r entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). ConcordNet and our contractors and agents shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data misdirection; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The Customer (Registrant) agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred (AU$500.00) dollars. 

3.8 Indemnity - The customers agrees to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including legal fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or the Customer’s use of the Services, including without limitation infringement by the Customer, or someone else using the Email Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When ConcordNet is threatened with suit by a third party, ConcordNet may seek written assurances from the Customer concerning your promise to indemnify Concordnet; the Customer’s failure to provide those assurances may be considered by Concordnet to be a breach of this Agreement and may result in deactivation of the Customer’s domain name. 

3.9 Breech of this Agreement - The Customer agrees that failure to abide by any provision of this Agreement, any operating rule or policy provided by ConcordNet or the Dispute Resolution Policies, may be considered by ConcordNet to be a material breach and that we may provide a written notice, describing the breach, to the Customer. If within thirty (30) calendar days of the date of such notice, the Customer fails to provide evidence, which is reasonably satisfactory to ConcordNet, that the Customer has not breached your obligations under the Agreement, then ConcordNet may delete the registration or reservation of the Customer’s domain name or terminate your email account without further notice. Any such breach by the4 Customer shall not be deemed to be excused simply because ConcordNet did not act earlier in response to that, or any other breach by the Customer. 

3.10 No Guarantee of Registration – The customer agrees that the placement of a domain name registration order with ConcordNet does not guarantee that the domain name will be registered by the Domain Registrar. In particular, by registration or reservation of a chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name. 

3.11 Disclaimer of Warranties - The Customer agrees and warrants that the information that you provide to ConcordNet to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. The customer agrees that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ConcordNet makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor does ConcordNet make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our email service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ConcordNet’s email service is done at the Customer’s discretion and risk and that the Customer will be solely responsible for any damage to the Customer’s computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by the Customer from ConcordNet or through the email service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 

3.12 Revocation – The Customer agrees that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information ConcordNet would likely consider material to our decision to register or reserve the Customer’s domain name. 

3.13 Right of Refusal - ConcordNet, in our sole discretion, reserve the right to refuse to register or reserve the chosen domain name or register the Customer for other Services, or to delete your domain name within thirty (30) calendar days from receipt of the Customers’ your payment for such services. In the event ConcordNet do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services. 

3.14 Severability - The Customer agrees that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. 

3.15 Non-Agency - Nothing contained in this Agreement or the Dispute Resolution Policies shall be construed as creating any agency, partnership, or other form.