| 1.
Our Obligations
We
agree that we will:
1.1
comply with all policies and
accurately represent these to
you;
1.2
disclose accurately and completely
all our terms and conditions
associated with your use of
our services to register and
maintain a domain name sought
to be used by you, including
priceand billing information;
1.3
comply with your lawful directions
in a diligent and timely manner
regarding your domain name,
(for example, registration,
cancellation, amendment, deletion,
and associated technical support
and billing);
1.4
process any new domain name
registrations with the registry
within *5 minutes* from the
time we receive all the information
required to complete a registration.
1.5
notify you of the registration
of your domain name(s), including
the details of: the domain name,
your contact details, our contact
details, the registration period,
the unique authentication ID
for your domain name and your
obligations as a registrant;
1.6
arrange for correction of any
error in the information in
the register about any domain
name registered to you when
requested;
1.7
provide to you, or to someone
we reasonably believe to be
acting on your behalf, the unique
authentication ID for your domain
name when requested and for
no charge;
1.8
use your personal information
only as authorised by you;
1.9
take all reasonable steps to
safeguard and protect all information
about you stored in our databases
and system(s);
1.10
comply with any order of any
authority having jurisdiction
regarding any domain name registered
to you;
1.11
use our best endeavours to deal
with any complaints you may
have about the services we provide
for you.
2. Your
Obligations
You
agree that you will:
2.1
comply with the policies. You
agree that you have read and
understood the current policies;
2.2
make sure all information you
give us is accurate and complete,
keep us informed of changes
to any information you give
us, and that you have the authority
to enter into this agreement;
2.3
keep the unique authentication
ID for your domain name and
any other security information
that we give to you confidential,
safe and secure;
2.4
satisfy yourself that your use
of a domain name will not infringe
anybody’s intellectual property
rights and protect us, and everybody
we are in any business relationship
with to provide services to
you, from any such claim;
2.5
ensure that you only use our
services for a lawful purpose;
2.6
ensure that the use of any domain
name registered to you does
not interfere with other users
of the Internet;
2.7
ensure that any order of any
authority having jurisdiction
regarding any domain name registered
to you is complied with;
2.8
protect us, and everybody we
have a business relationship
with, against any legal action
taken against us because of
the receipt or use of our services
by you or someone you are responsible
for, including reliance by us
or anybody we have a business
relationship with, on information
supplied by you.
Duties
of Other Persons
2.9
You agree to make sure everyone
you are responsible for or who
uses a domain name registered
to you also meets the above
duties.
3. Registration
of a Domain Name
When
a domain name in the domain name
space is registered to you, or
in your name as directed by you,
then you agree:
3.1
that the following information
becomes available to any member
of the public:
- your name,
- your contact details and
- the domain name, its commencement
and expiry dates and addresses/details
of thename servers for it, and
our name.
3.2
the domain name is registered
in your name only because no
other person has it according
to the records of the register;
and
3.3
neither we nor anybody else
is representing anything else
to anybody regarding that domain
name. The entry of a domain
name in the "who is" database
shall not be taken as evidence
of anything other than such
registration; and
3.4
that you protect us and everybody
we have a business relationship
with to provide services to
you, from any claim arising
out of the domain name being
registered in your name or as
you direct.
4. Register
is the Record
For
all purposes the details shown
in the register shall be treated
as correct and the authoritative
record.
5. Payment
of fees
5.1
You agree to pay for the services
we provide for you.
5.2
If you transfer a domain name
registered to you to another
registrant or to be managed
by another registrar, all charges
owing to us shall become immediately
due and payable on the date
of that transfer.
5.3
We may alter our fees from time
to time. When we alter them
we will send you notice of the
alteration 30 days before the
new fee takes effect.
5.4
Our usual fees are for domain
name registration and domain
name renewal. We may also
charge for any other related
services provided by us. We
will tell you before any additional
charge is incurred.
5.5
Our prices are stated in New
Zealand dollars.
6. Suspension
And Refusal To Supply Services
If
you do not pay our charges for
a domain name registered to
you we may:
•
cancel registration of that
domain name; or
•
refuse to provide a service
you request.
7. Cancellation
of a Domain Name
If
we are going to cancel the registration
of a domain name registered
to you as a result of you not
paying our charges relating
to that registration, we will
give you seven days notice before
we initiate action to cancel
that domain name.
8. Exclusion
of Liability
We
exclude all liability we may
have to you for any claim except
where we have acted in bad faith.
This
exclusion also applies for the
benefit of :
8.1
the registry and any other entity
we are in any business relationship
with;
8.2
every officer, employee, contractor,
agent of us or any entity in
clause 8.1;
8.3
anyone else we get to perform
our duties under any agreement
you have with us.
None
of the persons specified above
is liable or has to pay you
for anything else in connection
with or resulting from anything
any of us does or does not do,
or delays in doing, whether
or not it is contemplated or
authorised by any agreement
you have with us.
This
exclusion applies whatever you
are claiming for and in whatever
way liability might arise.
This
exclusion does not prevent you
getting a court order requiring
us to do anything we have agreed
to do for you and does not limit
any rights you may have under
Consumer protection legislation.
9. Limitation
of our Liability
We
have excluded all other liability
we or any of the persons specified
in clause 8 may have to you.
If any of those persons is ever
liable to you and, for any reason,
cannot rely on the exclusion
of liability set out in clause
8 then this clause applies.
Where
this clause applies, the maximum
combined amount the persons
specified above (together) will
have to pay you and anyone else
who uses the services we provide
for you (together) is the amount
of the last month's fee paid
by you under this agreement.
10.
Law and Jurisdiction Applying
to this Agreement
Unless
we otherwise agree in writing,
this agreement contains 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.
This will be the case until
this agreement is cancelled
except to the extent clause
14 says otherwise.
To
the extent legally permitted:
10.1
all our services are provided
under New Zealand law;
10.2
any claim or dispute arising
out of or in connection with
this agreement must be instituted
within 60 days from the date
the relevant service was supplied
to you;
10.3
except as otherwise stated,
you may take action against
us only in a New Zealand court;
10.4
where you or any registrant
for whom you act supplies incorrect
information regarding a domain
name and we incur cost in any
matter concerning that name
then we may recover thecosts
incurred by us from you.
11.
Cancelling the Agreement
11.1
We may cancel or suspend this
agreement by giving you one
months notice if you do not
meet your duties to us.
11.2
We may end the agreement for
any other reason by giving you
one month's notice.
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