Our Policies

gTLD Domain Name Registration Agreement

TERMS AND CONDITIONS

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

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 Domainz Limited IA 830304, 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 .biz and .info domain name pre-registrations and registrations. If this Registration Agreement is accepted by Domainz, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any .com, .net, .org, .biz, or .info or domain name registrations submitted by Registrant to Domainz.

2. Terminology

Domainz 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 and .net domain name registry. Public Interest Registry is the registry administrator responsible for administering the .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 Domainz, that on successful registration of any domain name under this Agreement the Registrant is bound by Domainz’ 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 Domainz 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 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. http://www.domainz.net.nz/about/policies/uniform-dispute-resolution-policy. The UDRP Dispute Policy procedure can be viewed at http://www.domainz.net.nz/about/policies/uniform-dispute-resolution-policy-rules.

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 Domainz nor the registry administrator has any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with Domainz’ processing of this Registration Agreement, Domainz’ 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 Domainz under this Agreement for any matter exceed, in the sole option of Domainz, the re-supply of the services again or the fee paid to Domainz for the provision of the services.

7. Indemnity

Registrant agrees to indemnify, keep indemnified and hold both Domainz 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 may be considered by Domainz to be a material breach and that Domainz 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 Domainz, that it has not breached its obligations, then Domainz may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Domainz 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 Domainz

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.

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 that Domainz may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Domainz 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. Domainz, 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 Domainz to accept this Registration Agreement. Registrant agrees that Domainz is not liable for loss or damage that may result from Domainz’ 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 Domainz.

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:

14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;

14.2 for the resolution of disputes concerning the domain name; or

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 Domainz 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 Domainz to immediately transfer the relevant domain name from the Registrant to Domainz, at its sole discretion. Registrant acknowledges that Domainz will own all rights of the registered domain name holder in respect of any domain name transferred to Domainz under this clause 15, including the right to sell the domain name to a third party. Domainz 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 Domainz’ re-transfer fee of US$25 (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 is the complete and exclusive agreement between Registrant and Domainz 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 New Zealand. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of New Zealand and all courts hearing appeals from such Courts.

19. General

19.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.

19.2 Failure by Domainz 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.

19.3 Registrant acknowledges and agrees that some of the services to be provided by Domainz under this Registration Agreement, and any billing, invoicing, payment and related matters arising under this Registration Agreement, may, in Domainz’ absolute discretion, be provided by Domainz or such other entity notified from time to time by Domainz to the Registrant, for and on behalf of Domainz..com, .net, .org Domain Name Registrations.

20. Payment

20.1 The Registration fee is payable with the Application.

20.2 Registration is not effective until the Registration fee has been paid and cleared.

20.3 The Registration is for the full period of years selected and paid for at the time of Application or renewal.

20.4 All fees are non-refundable.

21. Application Details

Registrant must provide to Domainz 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 Domainz concerning the accuracy of compulsory Information.

22. Use of Information

22.1 Registrant acknowledges Information obtained from Registrant will be:

22.1.1 transmitted to the registry administrator for registry use;

22.1.2 publicly available as required by ICANN; and

22.1.3 used by Domainz for inclusion in registers and data bases produced by Domainz or its licensees

22.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a password to be provided by Domainz. Registrant may provide a written authorisation to an agent to hold and use the password. Registrant must inform Domainz of its current agent as required by Domainz.

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 may opt-out of the use of the Information for these purposes by providing written notice to Domainz at 102-112 Lambton Quay, Wellington, New Zealand 6001, or, by emailing Domainz at policy@domainz.net.nz.

22.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Domainz, 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.

22.5 Domainz will not process Information in a manner incompatible with the purposes and limitations set out in this clause 22. Domainz will process Information in accordance with the terms of its Privacy Policy, which can be viewed at http://www.domainz.net.nz/about/policies/privacy-policy.

22.6 Domainz will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction. .biz and .info Domain Name Pre-registrations and Registrations.

23. biz and .info Domain Names

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

23.1.1 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:

23.1.1.1 To exchange goods, services, or property of any kind;

23.1.1.2 In the ordinary course of trade or business; or

23.1.1.3 To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

23.1.2 BIZ CERTIFICATION. As a .biz domain name Registrant, you hereby certify that:

23.1.2.1 The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.biz/faqs/.

23.1.2.2 The domain name Registrant has the authority to enter into the registration agreement; and

23.1.2.3 The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

23.1.3 PROVISION OF REGISTRATION DATA

23.1.3.1 Provision of Registration Data. As part of the registration process, you are required to provide the registry administrator with certain information and to update this information to keep it current, complete and accurate. This information includes

1. your full name, postal address, e-mail address, voice telephone number, and fax number if available;
2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
3. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
4. the corresponding names of those nameservers;
5. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
6. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
7. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
8. 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.

23.1.3.2 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 administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail 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 administrator 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.

23.1.4 DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through the registry administrator, 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 Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.neulevel.biz/ardp/docs/rdrp.html, as this may be amended from time to time, which is hereby incorporated and made an integral part of this Agreement.

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 administrator. Registry administrator 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 UDRP process.

23.1.5 DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that the registry administrator, in its sole discretion, may modify its dispute policy. The registry administrator will post any such revised policy on its Web site 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.

23.1.6 RESERVATION OF RIGHTS. Domainz and the .biz registry administrator, 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 Domainz and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Domainz and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

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

23.2.1 Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry administrator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN.

23.2.2 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.

23.2.3 Registrar and the registry administrator 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 administrator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry administrator also reserve the right to freeze a domain name during resolution of a dispute.