Our Policies

TrafficSite Product Terms

These additional terms apply to the TrafficSite website ("TrafficSite") and the TrafficSite Plus website ("TrafficSite Plus") services.

1. Services

1.1 You shall at all times keep your password and log-in details secure. You agree that Domainz cannot and does not know whether you have given access to the Services to other people (whether knowingly or not). You therefore agree that you are totally responsible for:

1.1.1 when and how the Services with Domainz are used (including, without limitation, if the Services are terminated pursuant to clause 7 (if applicable)); and

1.1.2 the actions of the people (if any) you allow to access, or transmit information through the systems of Domainz, or otherwise utilise the Services.

1.2 You agree that you are solely responsible for any of your content residing on Domainz's servers.

1.3 You agree that you are solely responsible for the back-up of your content and any other files (including, without limitation, email files, if applicable) unless otherwise agreed with Domainz.

1.4 Domainz shall monitor your usage of the Services. If Domainz considers that your data transfer bandwidth becomes excessive, Domainz may charge you additional fees with respect to the additional data transfer bandwidth megabytes used by you, suspend any and all Services, or, terminate this agreement. In the event that any such action is taken by Domainz, for the avoidance of doubt, Domainz shall not refund to you any fees paid to Domainz prior to such corrective action.

1.5 You agree that Domainz may be required to perform maintenance to maintain the continuous operation of Domainz's servers, which maintenance may affect the operation or functioning of the Services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Domainz prevent us from doing so. You also agree that Domainz may also be required to suspend the Services, or disconnect or deny you access to the Services, in accordance with clause 7.1.2.

1.6 In addition to clause 1.5, you acknowledge and agree that Domainz reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. Domainz shall use reasonable efforts to notify you of any planned changes to Domainz's network or facilities that may adversely affect the Services. If the modifications result in Domainz altering the "look and feel" of the Services, Domainz shall not be required to provide you with any notice concerning the modification.

1.7 You agree that if at any time you elect to enable the Parked Page Service, such Parked Page Service may include (without limitation) any of the following content: a statement to the effect that the Website/domain name is registered/powered by Domainz and 'under construction', links to Domainz's homepage, and, the advertising and promotion of Domainz's products and services. In addition to any other rights under this agreement, you may at any time subsequently elect to disable the Parked Page Service by the mechanism notified from time to time by Domainz.

1.8 You acknowledge and agree that each Service shall contain a Domainz logo embedded into the Service. Domainz hereby grants you a non exclusive, non transferable licence (with no right to sub license) to continue to display the Domainz logo on your Service for so long as you obtain the relevant Service from Domainz, and, subject at all times to you complying with the terms and conditions of this agreement. In consideration of Domainz granting you the preceding licence, you:

1.8.1 will not hold out or represent that you are in any way acting with any authority on behalf of Domainz;

1.8.2 will not hold out or represent that any Relevant Party (as defined in clause 5 below) is a 'partner', 'joint venturer', 'agent' or 'principal' of you, or any person, firm or entity connected to you (whether by using those words alone or in conjunction with any other words);

1.8.3 will not grant, or purport to grant, to any third party any right to use or deal with the Domainz logo whatsoever;

1.8.4 will not use the Domainz logo in any manner that may prejudice, or would be likely to prejudice, Domainz's rights in the Domainz logo;

1.8.5 will protect the reputation and goodwill of the Domainz logo and not act in any way that may adversely reflect upon such reputation, or be contrary to good business practice or any applicable law; and

1.8.6 will not treat the Domainz logo as your own or use or seek to register at any time whether during or after termination of the licence granted to you under this clause 1.8, or, this agreement, for any reason whatsoever any trade mark or design or company, business or domain name that is substantially identical or deceptively or confusingly similar to the Domainz logo.

1.9 You acknowledge and agree that if at the time of obtaining any Service, the relevant domain name to which that Service will be connected is delegated to nameservers other than Domainz's default nameservers, you shall be responsible for the performance of any re-delegation that you may require from time to time in relation to that domain name. You further acknowledge and agree that such re-delegation may require a process of authentication by you, as determined by the relevant supplier of the domain name.

1.10 You agree to take all necessary or desirable steps to ensure that any content (including, without limitation, any content pertaining to Your Products and Services (as that term is defined in clause 4.4)) that is or could be unsuitable for children is labeled appropriately.

1.11 The following additional terms and conditions apply to TrafficSite or TrafficSite Plus:

1.11.1 You agree to provide Domainz with any information, material, excerpts of or links from or to any content on any website you own or operate a web site as of the Commencement Date ("Your Existing Web Site") and/or as otherwise reasonably requested by Domainz (which is hereafter referred to as "Your Information"), to assist Domainz with providing TrafficSite or TrafficSite Plus to you (as the context requires)

1.11.2 You agree that Domainz may from time to time during the term of this agreement, propose content deployment to your TrafficSite website or TrafficSite Plus website (each respectively referred to as "Your TrafficSite Web Site"). Such content deployment may include, without limitation, content deployment to assist with Your TrafficSite Web Site containing appropriate search engine algorithms, and which Domainz considers might assist you in improving the ranking of Your TrafficSite Web Site (each a "Content Deployment", collectively, "Content Deployments").

1.11.3 Domainz agrees not to make any Content Deployments to Your TrafficSite Web Site, without your prior written consent to such Content Deployments.

1.11.4 You hereby authorise Domainz to develop a link exchange program whereby links to and from Your TrafficSite Web Site, and other websites (including Your Existing Web Site) and/or industry guides and/or directories, are established, and you hereby appoint Domainz as your agent for this purpose. Domainz agrees to use all reasonable commercial endeavours to ensure that Domainz does not insert links to and from Your TrafficSite Web Site to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.

1.11.5 Your use of the Services is also subject to the Domainz Website Promotion Services Terms and Conditions located here.

2 Cancellation

2.1 You agree that if, for whatever reason, you or Domainz terminates any Service or this agreement, you will not be entitled to a refund of any fees that you have paid Domainz in connection with any Service unless otherwise notified by Domainz from time to time.

2.2 In this clause 2, "domain name licence" means the domain name licence purchased by you from Domainz at the same time that you purchased TrafficSite Plus from Domainz, but does not include any other domain name licence obtained by you before or after the Commencement Date that you may elect to use with TrafficSite Plus.

2.3 You may cancel:

2.3.1 TrafficSite;

2.3.2 TrafficSite Plus (including any domain name licence, which is subject to separate additional terms and conditions); or

2.3.3 TrafficSite Plus but retain the domain name licence, which is subject to separate additional terms and conditions, respectively, within two business days of the Commencement Date, in accordance with the process notified to you by Domainz from time to time.

2.3.4 Where you have cancelled TrafficSite or TrafficSite Plus pursuant to clause 2.3, Domainz will refund you any payments you have previously paid to Domainz with respect to TrafficSite or TrafficSite Plus (as applicable, including or excluding the domain name licence, which is subject to separate additional terms and conditions)), and this agreement shall automatically terminate.

3. Agreements and Licences

3.1 You agree that Domainz shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Domainz. You also agree that Domainz may, in its sole discretion, change or remove any and all such IP numbers and addresses.

3.2 You expressly grant to Domainz a licence to cache the entirety of any of your Services, including data and content supplied by you and/or third parties, hosted by Domainz under this agreement. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Domainz. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4. Your Warranties

You warrant that:

4.1 you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from the Server of Domainz by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Domainz);

4.2 you will otherwise at all times use the Services in accordance with this agreement (including, for the avoidance of doubt, the AUP or the Privacy Policy).

In addition to these and any other warranties, where you have obtained either TrafficSite or TrafficSite Plus from Domainz, you warrant in connection with TrafficSite or TrafficSite Plus (as the context requires) that:

4.3 you have the right to provide us with Your Information;

4.4 neither Your Existing WebSite, Your TrafficSite Web Site nor any of the content of Your Existing Web Site or Your TrafficSite Web Site (including, without limitation, in connection with any products and/or services that you may determine to offer for supply, or supply via Your Existing Web Site or Your TrafficSite Web Site, the Internet or otherwise ("Your Products and Services"), Your Information, and any Content Deployments implemented by Domainz in accordance with clause 1.11.3 or, by you or anyone on behalf of you)(collectively, "Your Web Site Property") will infringe the rights (including, but not limited to, the intellectual property rights) of any third party; and

4.5 Your Information, Your Existing Web Site, Your TrafficSite Web Site and Your Web Site Property will at all times comply with all laws required to be complied with by you.

5. Our Disclaimer of Warranties

5.1 In this clause 5, and hereafter, "Relevant Party" means:

5.1.1 Domainz;

5.1.2 each related bodies corporate (as the term "related body corporate" is defined by the Corporations Act 2001 (Cth), as amended or replaced from time to time) of Domainz;

5.1.3 the respective officers, employees, agents or contractors of Domainz and each related bodies corporate (as the term "related body corporate" is defined by the Corporations Act 2001 (Cth), as amended or replaced from time to time) of Domainz.

5.2 You acknowledge and agree that Domainz exercises any control over, and accepts no responsibility for, the content of the information passing through Domainz's host computers, network hubs and points of presence or the Internet, nor, for Your Products and Services (as that term is defined in clause 4.4).

5.3 To the extent permitted by law, no Relevant Party makes any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

5.4 In addition to clause 5.3, to the extent permitted by law, no Relevant Party:

5.4.1 warrants that the Services will be uninterrupted or error free; and/or

5.4.2 warrants that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Domainz; and/or

5.4.3 makes any warranty concerning the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Domainz in any advice, report or communication to you or any other party.

5.5 In addition to clauses 5.2, 5.3 and 5.4 above, in the event that you have obtained either TrafficSite or TrafficSite Plus from Domainz, Domainz agrees to use all reasonable efforts to provide TrafficSite or TrafficSite Plus to you (as applicable). However, you acknowledge to, and agree with, Domainz, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party:

5.5.1 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using TrafficSite or TrafficSite Plus, as the context requires, including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with Your Products and Services (if applicable); and/or

5.5.2 that the provision of TrafficSite or TrafficSite Plus, as the context requires, will result in the ranking of Your Existing Web Site and/or Your TrafficSite Web Site improving; and/or

5.5.3 that the provision of TrafficSite or TrafficSite Plus, as the context requires, will result in an increased amount of traffic or users to Your Existing Web Site and/or Your TrafficSite Web Site; and/or

5.5.4 that any market conditions (whether favourable or not) that may be in existence at the Commencement Date will continue; and/or

5.5.5 that the provision of TrafficSite or TrafficSite Plus, as the context requires, generally, or any software utilised by Domainz to provide TrafficSite or TrafficSite Plus, as the context requires, will not be subject to, or result in, either errors and/or delays.

5.6 You acknowledge that although Domainz may suggest Content Deployments to you in connection with providing TrafficSite or TrafficSite Plus, as the context requires, to you, Domainz cannot and does not, nor does any Relevant Party, take any responsibility for Your Information, Your Existing Web Site, Your TrafficSite Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Information, Your Existing Web Site, Your TrafficSite Web Site and Your Web Site Property notwithstanding the provision of TrafficSite or TrafficSite Plus, as the context requires, to you byDomainz.

5.7 Domainz shall not be liable for the content or loss of any content, data or files (including, without limitation, email files, if applicable) transferred either to or from you or stored or backed-up by you.

6. Indemnification

In addition to any other indemnities, you will indemnify and defend each Relevant Party from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Relevant Party arising out of, or relating to:

6.1 Your Products and Services (if applicable); and/or

6.2 Your Information, Your Existing Web Site and/or Your TrafficSite Web Site and/or Your Web Site Property and/or Domainz's role as your agent (and any action or inaction by Domainz as part of that role) if you are obtaining TrafficSite from Domainz; and/or

6.3 the implementation of the AUP by Domainz, any action taken by Domainz in accordance with the AUP, or, any breach or violation of the AUP.

Such claims, damages, losses, liabilities, suits, actions, demands, proceedings and expenses shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

7. Suspension or Termination of this agreement

7.1 In addition to any other rights of suspension Domainz may have, Domainz may from time to time without notice to you suspend a Service, or disconnect or deny you access to any Service:

7.1.1 you otherwise do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service; or

7.1.2 during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Service as soon as reasonably practicable.

Notwithstanding any suspension of any Service under this clause 7.1, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension (to the extent applicable).

7.2 In addition to any other rights Domainz may have, you agree that Domainz may without notice to you remove, amend or alter your data upon being made aware of:

7.2.1 any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights;

7.2.2 if directed to do so by the Australian Broadcasting Authority under a "take down notice", in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 (as amended or replaced from time to time) if we determine (acting reasonably) that such Act applies to you; or

7.2.3 an outside party or outside device disrupting or attempting to disrupt the Services.

7.3 In addition to any other rights of termination Domainz may have, Domainz may terminate and cease providing the Services to you at any time on 30 days written notice to you. You may terminate this agreement and cease obtaining any Services from Domainz, or, terminate any Service/s being provided by Domainz to you, on 30 days' written notice to Domainz in accordance with the process specified in the Payment Confirmation.

7.4 In addition to clause 7.3, and, in addition to any other rights of termination under this agreement, Domainz may terminate agreement and cease providing the Services to you at any time on written notice to you if Domainz has at any time suspended any Service or disconnected or denied access to any Service under clause  or 7.1.2.

7.5 In addition to any other obligation under this agreement, if you terminate any Service or, either Domainz or you terminate this agreement:

7.5.1 you must pay all outstanding charges (including, without limitation, data transfer bandwidth over-usage charges and/or disk space over-usage charges) to Domainz immediately;

7.5.2 any licence issued to or by you in relation to the Services will cease from the date of termination; and

7.5.3 Domainz may delete all data from any storage media.