Following are definitions of terms used in these Terms of Service:
Approved Domainz Provider – An organisation which provides registration services to Name Holders upon the terms of a Approved
Domainz Provider contract with Domainz.
AUP - has the meaning given to that term in clause 6.2
DNC – The Domain Name Commissioner appointed by InternetNZ to oversee the Domain Name registration and management system.
Domain Name – Any .nz domain name registered through Domainz as the Registrar of record.
Domain Name Services – Any Domain Name registration, renewal and other services associated with a Domain Name. Domainz – Domainz Limited.
Email Address – An email address provided by Domainz in accordance with these Terms of Service.
Hosted Website – A Name Holder’s website that is hosted by Domainz in accordance with these Terms of Service.
InternetNZ – The Internet Society of New Zealand Incorporated.
Moderated Domain Name – Is a second level Domain Name which is subject to the Moderation Policies. Moderated Domain Names are
currently govt, .iwi, .mil and .cri, and may be updated from time to time.
Moderation Policies – The policies that relate to Moderated Domain Names, as set out on the website located at www.dnc.org.nz (as this address may be updated from time to time).
Name Holder – An individual or organisation whose Domain Name is registered with Domainz. A Name Holder is also referred to as the “Registrant” of the Domain Name.
Name Holder ID – The unique eight-digit identification number issued to a Name Holder when a Domain Name is registered with Domainz. Together with the Name Holder Password, the Name Holder ID enables Name Holders to make basic contact detail changes to address or phone numbers and view transactions on their account with Domainz.
Name Holder Password – The unique password issued to a Name Holder when a Domain Name is registered with Domainz. Together with the Name Holder ID, the Name Holder Password enables Name Holders to make basic contact detail changes to address or phone numbers and view transactions or their account with Domainz.
.nz Policies – The policies of DNC that relate to Domain Names, as set out on the website located at www.dnc.org.nz (as this address may be updated from time to time).
Register – The central listing of Domain Names managed and maintained by Registry.
Registry – .nz Registry Services. The trading name of the New Zealand Domain Name Registry Limited, the entity that operates the Register.
Relevant Party - Includes each of the following parties:
(a) Domainz, InternetNZ, DNC, the Registry and any other entity with whom any of the preceding parties is in a business relationship;Services – Domain Name Services and/or Web and Email Services.
(b) every officer, employee, contractor, agent of any entity specified in paragraph (a); and
(c) anyone else that Domainz may procure to perform any obligations or duties of Domainz under any agreement you have with Domainz.
2.1 You agree that:
2.1.1 You have read and understand these Terms of Service and the .nz Policies, and agree to be bound by them.
2.1.2 You have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.
2.1.3 You will make sure all information you give Domainz is accurate and complete, keep Domainz informed of changes to any information you give us, and that you have the authority to enter in to this agreement.
2.1.4 You will only use the Services for lawful purposes.
2.1.5 You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.
2.1.6 You will comply with any orders of any authority having jurisdiction in relation to the Services.
2.1.7 All registered Domain Names must be hosted on two pre-configured domain name servers and you are responsible for at all times meeting this obligation.
2.1.8 You will keep the Name Holder ID, the UDAI and any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name (“Password Information”), confidential, safe and secure. Domainz is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of Domainz).
2.2 You warrant that:
2.2.1 You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation.
2.2.2 Any person or legal entity which uses the Domain Name complies with the obligations set out in clause 2.1 above.
2.2.3 In respect of a Moderated Domain Name, you meet and will continue to meet for the period of the Moderated Domain Name registration the eligibility criteria contained in the Moderation Policies. 2.3 You acknowledge that Domainz must adhere to the .nz Policies and any instructions received from time to time from the DNC and InternetNZ. Accordingly, you agree that Domainz is entitled to take all actions that may be reasonably necessary or prudent to comply with the .nz Policies or any such instructions received from time to time from the DNC and InternetNZ without incurring any liability to you or any person for whom you are responsible. 3. Registration of a Domain Name
3.1 You agree that:
3.1.1 Registration of a Domain Name by Domainz is carried out on a "first come, first served" basis.
3.1.2 Registration of a Domain Name confers no property or ownership rights to that Domain Name.
3.1.3 Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the nameservers for the Domain Name and Domainz’ name becomes publicly available to any member of the public.
3.1.4 The Domain Name is registered in your name only because no other person has it according to the records of the Register.
3.1.5 The entry of a domain name in the “whois” database will not be taken as evidence of anything other than the registration of the Domain Name.
3.1.6 Domainz will not become involved (whether directly or indirectly) in any dispute pertaining to the Domain Name and where a conflict arises between Name Holders or prospective Name Holders about the Domain Name registration, those parties must resolve the issue independently of Domainz.
3.1.7 The details held in the Register shall be treated as correct and as the authoritative record.
3.1.8 Domainz does not accept any responsibility for the content of a Name Holder’s website and Domainz shall not be obliged to enforce the removal of content from a website unless it has been instructed by a Court Order to do so.
4.1 When providing any Domain Name Services, Domainz will:
4.1.1 Comply with all .nz Policies and accurately represent these .nz Policies to you.
4.1.2 Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.
4.1.3 Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).
4.1.4 Process any .Domain Name registrations with the Register within 4 hours from the time that Domainz receives all the information required to complete the registration if such receipt is within Domainz’ advertised business hours of 8am to 5:30pm Monday to Friday, and otherwise within 48 hours.
4.1.5 Notify you of the registration of the Domain Name including the details of the Domain Name, your contact details, Domainz’ contact details, the registration period and the UDAI’s for the Domain Name.
4.1.6 Arrange for correction of any error in the information in the register about the registered Domain Name when requested by you.
4.1.7 Provide the UDAI for the Domain Name to you, or to someone that Domainz reasonably believes is acting on your behalf, when requested and at no charge. We agree to take reasonable care to satisfy ourselves that you have permitted that person to act on behalf of you.
4.1.8 Use your personal information only as authorised by you and otherwise, in accordance with these Terms of Service.
4.1.9 Take all reasonable commercial steps to safeguard and protect all information about you stored in Domainz’ databases and systems.
4.1.10 Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.
4.1.11 Use best endeavours to deal with any complaints you may have about the Domain Name Services.
6.1 You agree that:
6.1.1 You will perform all tasks and responsibilities requested of you by Domainz in respect of the Web and Email Services.
6.1.2 You will ensure that any Hosted Website and any email sent or received from or by an Email Address:
6.1.3 You will comply with the requirements of any restriction or exclusion relating to any Web and Email Service notified to you by Domainz from time to time.
- does not infringe any intellectual property rights of any person;
- does not contain any material which is obscene, offensive, defamatory, abusive or in any way unsuitable for persons under the age of 18 years;
- is not comprised or is not used for any unlawful purpose or activity.
6.1.4 Domainz may modify, enhance or withdraw any Web and Email Service by posting notice on the Domainz Website 30 days before the change is to take effect.
6.1.5 Domainz does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that Domainz accepts no responsibility for any deficiency or inaccuracy in any Hosted Website that is attributable to defects in that website.
6.2 You agree to comply with Domainz' Acceptable Use Policy located at AUP, as varied from time to time by Domainz in accordance with clause 6.3 ("AUP"), with respect to the Web and Email Services. If Domainz receive notice of, or otherwise become aware that you have failed to comply with any provision of the AUP, in addition to any other rights of Domainz under this agreement (including, for the avoidance of doubt, under the AUP), you agree that Domainz may immediately take corrective action, including suspension of any and all Web and Email Services or termination of this agreement, immediately, by written notice to you, with respect to any Web and Email Service to you. In the event that any such corrective action die to a violation of the AUP occurs, Domainz shall not refund to you any fees paid to Domainz with respect to such Web and Email Service prior to such corrective action.
6.3 Notwithstanding clause 6.1.4 and clause 13, Domainz may vary the terms of the AUP at any time by general notice on a page of the Internet referred to on the home page of our Web Site at www.doaminz.net.nz. If you use the Web and Email Service after publication of any change in accordance with this clause 6.3, your use will constitute acceptance of the amended terms.
6.4 In addition to any other rights under this agreement or the AUP, Domainz may from time to time without notice to you suspend a Web and Email Service, or disconnect or deny you access to any Web and Email Service, if you fail to comply with any provision in the AUP, or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Web and Email Service, until the breach (if capable of remedy) is remedied to the satisfaction of Domainz.
6.5 In addition to clause 6.4, and, in addition to any other rights of termination under this agreement, Domainz may terminate agreement in relation to the supply of Web and Email Hosting Services and cease providing the Web and Email Services to you at any time on written notice to you if Domainz has at any time suspended any Web and Email Service or disconnected or denied access to any Web and Email Service under the terms of clause 6.4, or otherwise taken any action under the AUP for violation of the AUP. 7. Fees
7.1.1 Where you have appointed an Approved Domainz Provider to manage your Domain Name, and the Approved Domainz Provider provides you with billing services, the fees payable for any Domain Name Service, and the payment terms for that Domain Name Service, will be as agreed between you and the Approved Domainz Provider; or
7.1.2 Where you have elected to manage your own Domain Name, or have appointed an Approved Domainz Provider to manage your Domain Name which does not supply billing services to you:
(i) the fees for any Domain Name Service or any Web and Email Service are as set out in the “Fee” section of the Domainz website under the “Info” menu (“Domainz Website”); and
(ii) if Domainz is required to incur additional charges in connection with the provision of any Domain Name Service or Web and Email Service to you, we will notify you prior to incurring any such additional charge;
(iii) you will pay the fees for any Domain Name Service or any Web and Email Service to Domainz in accordance with the payment terms set out on the Domainz Website at the time the Domain Name and/or Web and Email Service application is submitted to Domainz, or, as otherwise specified on the Domainz Website or these Terms of Service;
(iv) Domainz may alter any fees set out in this clause 7 at any time on 30 days prior written notice; and
(v) the payment terms related to any Domain Name Service and/or Domainz Service include the following:
- All fees are payable in advance unless specified otherwise.
- All fees are non-refundable.
- A renewal fee is payable in respect of the renewal of each Domain Name registration.
- Domainz has no obligation to record the registration of any Domain Name if Domainz has not received the applicable fees for that Domain Name.
- Failure to pay the domain name renewal fee in respect of a Domain Name registration will result in cancellation of that domain name registration
- vi. If you transfer the Domain Name to another entity or Registrar all charges owing to Domainz as at the date of the transfer are immediately due for payment.
- Fees for any Web and Email Services will be payable upon the registration date of the relevant Domain Name or in the anniversary month of that date. Where Domainz commences the provision of Web and Email Services on any date other than the registration date of a Domain Name or the anniversary of that date (an “effective date”), Domainz will charge the Name Holder such pro-rated amount as is relevant up to an including the next effective date. Thereafter, charges will be billed at the applicable annual rate. Any amounts payable by a Name Holder as a result of exceeding email or website limits will be charged monthly in arrears and will be due by the date specified on the invoice.
8.1.1 on receipt of such notice, Domainz will cancel the relevant Domain Name and/or cancel the relevant Web and Email Service; and
8.1.2 Domainz will have no liability to you whatsoever in relation to such deletion and/or cancellation.
8.2 Domainz may, in its sole discretion, cancel a Domain Name and any additional services such as Web and Email Services provided to you by Domainz in respect of that Domain Name upon 14 days’ notice where you fail to pay any fees that are due to Domainz.
8.3 In addition to any other rights of termination under this agreement, either party may terminate this agreement and cancel the Domain Name on one month’s written notice to the other party. You agree that the termination of the agreement under this clause 8.3 will automatically result in the cancellation of the Web and Email Services applicable to the Domain Name at the end of the notice period.
9.1 Where the Name Holder transfers its Domain Name from Domainz to another Registrar in accordance with the .nz Policies and these Terms of Service, the parties agree that these Terms of Service will terminate effective from the date of such transfer.
9.2 The parties agree that these Terms of Service will terminate on the effective date of the cancellation of the Name Holder’s Domain Name (and associated Web and Email Services) in accordance with the terms specified in the Cancellation of a Domain Name or a Web and/or Email Service Section of these Terms of Service.
9.3 The parties agree that these Terms of Service will expire where the Name Holder’s Domain Name licence expires and is not renewed by the Name Holder prior to the deletion of the Domain Name.
10.1 Domainz does not investigate whether or not any Name Holder is entitled to register or hold any rights in a Domain Name or request any Web and Email Services. By registering a Domain Name, Domainz is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorise any person to use the Domain Name in the course of trade.
10.2 You agree that no Relevant Party will have any liability to you for any claim arising from any breach of this agreement by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.
10.3 You agree that where a Relevant Party has acted in bad faith, or where Domainz has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to Domainz in the month immediately prior to the event of liability in respect of the Domain Name.
10.4 All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so. The above limitations and exclusions do not limit any rights a consumer may have under the Consumer Guarantees Act, except where goods or services are required for the purposes of a business, in which case the guarantees under the Consumer Guarantees Act 1993 shall not apply. You agree that this clause 10.4 is for the benefit of each Relevant Party.
11.1 You indemnify and hold harmless Domainz on its own behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:
(i) any claim or dispute pertaining to the registration of the Domain Name, whether in your name or in such name as you direct;
(ii) any claim that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party;
(iii) any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms of Service; or
(iv) any claim arising in relation to the content or operation of any Hosted Website (other than claims caused by Domainz’ breach of these Terms of Service); and provided that, you shall not be required to indemnify and hold harmless Domainz for any claims arising from Domainz’ negligence or bad faith.
Any notice to be given by Domainz under these Terms of Service or in relation to any services provided by Domainz will be in writing sent to the email address recorded in the Register in respect of the relevant domain name or by posting the relevant information on Domainz’ website. Such notice shall be deemed to have been given at the time it is sent by Domainz. 13. Changes to Terms of Service
Subject at all times to clause 6.3, Domainz reserves the right to amend these Terms of Service at any time by thirty days’ prior written notice to you (“Relevant Notice Period”). You agree that your use of any Domain Name or other Service following the expiry of the Relevant Notice Period will constitute your acceptance of the modified Terms of Service.
14.1 Unless otherwise agreed in writing, these Terms of Service contain all the terms of our relationship and continues to apply no matter where you are located at the time any of the Services are provided or where you reside, and shall continue to apply until these Terms of Service are cancelled or terminated, except as otherwise stated in these Terms of Service.
14.2 Domainz may transfer its rights and obligations under these Terms of Service to any third party upon prior written notice to you.
14.3 If any provision of these Terms of Service is held to be unenforceable in whole or in part all other provisions contained herein shall continue to be valid and enforceable.
14.4 Each provision of these Terms of Service is separately binding on Domainz. If, for any reason, you, any Relevant Party cannot rely on any applicable provision in these Terms of Service, all other applicable provisions in these Terms of Service shall nonetheless be binding.
14.5 These Terms of Service shall be governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms of Service.
14.6 To the extent permitted, the parties agree that:
(i) all the Services are provided under New Zealand law;14.7 The cancellation or termination of these Terms of Service will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Terms of Service, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.
(ii) any dispute or claim arising out of or in connection with these Terms of Service must be brought within 60 days from the date on which the event giving rise to the dispute or claim occurred;
(iii) where you or any Name Holder for whom you are acting as agent supplies incorrect information regarding a Domain Name and Domainz incurs costs in any matter concerning that Domain Name, Domainz may recover those costs from you.