Terms & Conditions

1. Definitions

In order to become a reseller or ISP Partner of Netregistry, or user of any Netregistry services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or commencement of reseller of ISP activities or use of any Netregistry services, whichever occurs first

The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files back-up software, Search Engine Optimisation, Virtual Private Server (VPS) and associated services and Secure Web Page services to be provided by Netregistry to you from time to time, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by Netregistry to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.

2. Netregistry General Terms & Conditions

The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below. By utilising Netegistry's services you are deemed to have accepted these terms and conditions and are bound by them.

2.1 Service availability

2.1.1We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.

2.1.2In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

2.2 Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to Netregistry, and merchant services agreements between you and the relevant financial institutions.

2.3 Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

2.4 Termination

2.4.1We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.

2.4.2We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

2.4.3We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.

2.4.4On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

2.4.5On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.

2.4.6Without limiting the section below on our Exclusion and limitation of liability, Netregistry will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.

2.4.7If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Netregistry will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but Netregistry will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Netregistry.

2.4.8Netregistry shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.

2.4.9If you wish to terminate your account with Netregistry, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, Netregistry will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the console, select tab 'Service Administration' then click on 'Service Cancellation'. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by Netregistry.

2.4.10With the exception of items defined within clause 12, 14 Day Money Back Guarantee, Netregistry does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.

2.4.11In the event of customer requested cancellation of a renewed service, Netregistry will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.

2.4.1214 Day Money Back Guarantee

The below products are eligible to participate in the 14 day money back guarantee program. Any product or service that is not explicitly included in this Clause is exempt from this Clause. All requests for the Guarantee, including the exemptions listed and other relevant conditions, will be considered and granted at the sole discretion of Netregistry Pty Ltd.

Products and Services included in the Guarantee, are:

Domain Manager, Startup Cloud Hosting, Business Plus Cloud Hosting, Enterprise Cloud Hosting, Basic cPanel Hosting, Plus cPanel Hosting, Premium cPanel Hosting, Mailroom (Basic, Pro & Premium), VPS (VPS Cloud 1, VPS Cloud 2, VPS Cloud 4, VPS Cloud 8), and Traffic Accelerator Pro. All other products and services are explicitly excluded from the Guarantee.

In order to claim a refund:

2.4.12.a) A submission is required to be made within 14 days from the date that the service was provisioned as defined by the invoice creation date.

2.4.12.b) The sole method of requesting the Guarantee is by emailing us at; moneybackguarantee@netregistry.com.au. Upon receipt of the email, you will automatically be provided an acknowledgment receipt with a unique identification number. Should this not be issued or received, the matter is treated as Netregistry Pty Ltd having not received the request.

2.4.12.c)Upon receipt the client will be vetted for eligibility, clients found to be ineligible will be notified and sent the standard cancellation process.

2.4.12.d)Should a client be deemed eligible, the client agrees to provide us 10 working days to resolve any issue. Should at the end of the 10 days after consultation between both parties, the client remain unsatisfied with the outcome(s), Netregistry will provide a full refund on the purchase price.

2.4.12.e)Netregistry will only provide refunds to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.

Ineligibility - 14 Day Money Back Guarantee

2.4.12.f)Netregistry Pty Ltd will deem ineligible any request for the Guarantee, that we reasonably believe to be fraudulent; or

2.4.12.g) The customer does not respond to our communication after we contact them; or

2.4.12.h)The service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user); or

2.4.12.i)If the service has been discounted by greater than 20% from the normal published web prices.

2.4.12.j)If the service has been upgraded from a previous service within the past 3 months, irrespective of whether a pro-rata credit was applied or not.

Should the service purchased be part of a product and/or service bundle, that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee.

2.5 Payment

2.5.1All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within fourteen (14) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.

2.5.2The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

2.5.3If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection.

2.5.4Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

2.5.5Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.

2.6 Exclusion and limitation of liability

2.6.1TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

2.6.2Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

2.6.3In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.

2.6.4In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

2.7 Important note:

2.7.1If any goods or services supplied pursuant to this agreement are supplied to the customer as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Netregistry limits its liability (including any consequential losses sustained by you) to payment of an amount equal to:

2.7.1.a) in relation to goods

2.7.1.a.i)the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or

2.7.1.a.ii)the repair of the goods or payment of the cost of having the goods repaired;

2.7.1.b) in relation to services

2.7.1.b.i)the supplying of the services again; or

2.7.1.b.ii)The payment of the cost of having the services supplied again as in each case we may elect.

2.7.2Except as otherwise specified herein, Netregistry is not liable for default or failure in performance of its obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of Netregistry.

2.8 Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

2.9 Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

2.10 Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

2.11 Change to terms on renewal

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

2.12 Entire agreement, governing law

2.12.1These terms and conditions plus the Netregistry terms and conditions of supply (if any) for each specific type of service supplied by Netregistry constitute the entire agreement between Netregistry and you (“the Contract”), and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the Contract unless it is in writing and signed by authorised representatives of you and Netregistry.

2.12.2The Contract is to be interpreted in accordance with the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia (Sydney Registry) and appeal courts therefrom in relation to any dispute arising hereunder.

2.13 Joint liability

If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally.

2.14 Consent to communications

In addition to general Account, Billing and Service communications, Netregistry will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by visiting http://www.netregistry.com.au/manage-subscriptions/ or by following 'unsubscribe' instructions contained within the communications.

You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.

Please review our Privacy Statement for full details of our use of personal data.

3. Domain Name Registration

3.1 Rules of registration

3.1.1We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

3.1.2If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.

3.1.3Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

3.1.4We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

3.1.5Outbound domain transfers from Ziphosting to Netregistry incur a $16.50 AUD Administration charge invoiced to the gaining Account by the Netregistry Accounts team. This charge is not applicable for domains transferring for the purpose of ordering Netregistry provided services.

3.2 Registrant agreements

3.2.1.com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement.

3.2.2.org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents.View the .au Domain Registrant Agreement.

3.2.3.id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement.

3.2.4.au.com domain names are not restricted or regulated by .au policy rules and can be registered by anyone. View the .au.com Domain Registrant Agreement.

3.2.5.com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement.

3.2.6.biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement.

3.2.7.nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them - there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement.

3.2.8.uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them - there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement.

3.2.9.mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.

3.2.10.cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement.

3.2.11New gTLDs are registered through our accredited partner Melbourne IT. View the new gTLD Registrant Agreement.

3.3 ICANN mandated terms and materials

Netregistry is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions, referenced in this Clause 3.3. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to bound by them:

3.3.1 Mandated Provisions for gTLD Domain Name Registrations (ICANN RAA 2013 — Section 3.7.7)

3.3.2 Registrants Rights and Responsibilities

3.3.3 Educational Material by ICANN

3.4 Domain Privacy Services

All whois privacy applications are subject to the relevant requirements and policies of Domain Privacy Services Pty Ltd and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by Domain Privacy Services Pty Ltd.

3.5 Domain Backorder Services

A Domain Backorder service means a request by you to Netregistry for a domain name that is not available for public registration at the time the back order request is submitted, but which we will monitor and if and as the domain selected becomes available for public registration Netregistry will attempt to register it on your behalf.

3.5.1Domains will only become available if:

3.5.1.a They are not renewed within the specified policy framework for the relevant domain space and are purged by the Registry; or

3.5.1.b The registry is specifically instructed by the domain owner, or a relevant authority to delete the domain

3.5.2 By entering into a domain back order service on any domain you agree and understand that:

3.5.2.a The domain may never become available for public registration at any time in the future and that Netregistry has made no warranty or representation express or otherwise that we will be able to register your back order requested domain at any time; and

3.5.2.b You will not hold us liable in any way whatsoever if we are unable to register your back order requested domain name; and

3.5.2.c Domain back order fees are not refundable at any time, including should we not be able to register your back order requested domain name if and as it becomes available for registration; and

3.5.2.d A selected domain name shall be registered using the Registrant details supplied at the time the back order agreement is entered into by the respective parties. These Registrant details are not able to be subsequently modified or otherwise changed; and

3.5.2.e Should any domain name be registered via the back order service, the cost of that registration is included in the back order fees and charges that have been paid as part of the defined service; and

3.5.2.f Domain back orders are accepted on a first come, first served basis. Any duplicate (or multiple) applications will be prioritised in the chronological order of acceptance of those orders. Netregistry will not at any time disclose the acceptance of competing orders; and

3.5.2.g The domain back order service is an ongoing annual service commitment, and will incur a specified annual fee. Netregistry shall continue to monitor and otherwise attempt to register a back ordered domain until such time as you cancel this service using the prescribed method of service cancellation. You can terminate the agreement at any time, on the basis that prepaid service fees are non-refundable.

4. Web Hosting/Email/Secure Webpage/Virus Protection

4.1We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

4.1.1you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;

4.1.2you will not knowingly or recklessly post, link to or transmit any material:

4.1.2.athat is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or

4.1.2.bcontaining a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

4.1.3you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Netregistry reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.

4.2You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Netregistry reserves it right to terminate services without prior notification.

4.3You warrant, undertake and agree that:

4.3.1any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

4.3.2the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

4.3.3you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

4.4Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

4.5We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

4.6You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Netregistry will provide an online interface allowing authorised users to monitor website data traffic.

4.7The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.

Furthermore, you warrant to Netregistry Pty Ltd that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of Netregistry Pty Ltd.

Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

4.8For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

4.9For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

4.10All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:

4.10.1Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).

4.10.2Running standalone, automated server-side processes including, but not limited to any daemon.

4.10.3Running any bit torrent application, tracker or client.

4.10.4Participating in file sharing or other peer to peer sharing activity.

4.10.5Executing any script for longer than 180 seconds.

4.10.6Executing any database query that takes longer than 30 seconds to complete.

4.10.7Specifying cron tasks that execute more frequently than every 300 seconds.

5. Website Design Services

All standard developments are based on a 5 page design unless stipulated otherwise at the point of sale.

5.1You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

5.2You are responsible to keep a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Netregistry can provide an archival solution for the existing website at our standard commercial rates.

5.3We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. Netregistry is similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.

5.4All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, Netregistry reserves the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.

5.5You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, Netregistry reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $150 per hour or part thereof.

5.6You may request an Administrative Hold of your project for up to 6 months at a cost of $100. We will stop working on the project until you advise us that you are ready to move forward. If you exceed 6 months of the project being held, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

5.7If you are unhappy with your site design, you may request additional layout concepts, at a cost of $150 per layout, with full payment required upfront.

5.8You are responsible for the digital rights to any image that you supply to us in the course of a project.

5.9Once your website has been published, Netregistry will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $150 per hour or part thereof.

5.10 For website builds including open source third party CMS applications (such as Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. Netregistry will provide an on-demand upgrade service for any such application at $150 per hour per upgrade.

5.11 Netregistry warrants that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. Netregistry cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.

5.12 If training is required once the website is complete this is charged at $250 per hour for phone training or $350 per hour for face to face training in the Netregistry offices. Note: No off site training is provided.

5.13Additional conditions for Static Websites

5.13.1100% upfront payment is required for static website design services. If cancellation occurs before design is selected and site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.

5.14 Additional conditions for CMS & E-commerce Websites

5.14.150% upfront payment is required for CMS & E-commerce website design services, with the balance required after design selection before we place the project in production. If cancellation occurs before design is selected and site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.

5.14.2While providing assistance in the obtaining of a merchant facility, Netregistry provide no guarantees that a bank will provide a merchant facility for your online store.

5.14.3Netregistry warrant the software used as stable and secure at the time of delivery. Post delivery maintenance of the security of the site is the responsibility of the client or their agent, and not of Netregistry.

5.15Additional conditions for Template Based Design

5.15.1There are no refunds or credits available to Template Based Design services. Any Template Based Design service sold as part of a package deal is not transferable or redeemable for cash or other services. Nor is it able to be provided on an alternate domain name.

5.15.2Template Based Design services are only available on domain names holding an active Netregistry hosting service. The service level required for the product needs to be 'Business Hosting' or above.

5.15.3You will be able to select from a range of pre-existing website templates, and provide customised content (text and images) for population within the website. No alteration or modification to the design template is available.

5.15.41 round of feedback of up to 10 changes is permitted in the release process. If additional changes are requested, Netregistry can make these changes on your behalf at our standard commercial development rate of $150 per hour (or part thereof).

5.15.5After feedback has been implemented, the website will be published "as-is". All future changes and maintenance are the responsibility of the the site owner, who can edit via the content editing system via TheConsole.

6. Search Engine Optimisation Services

6.1Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.

6.2We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.

6.3By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our Link Building program. You are responsible for reviewing these changes and advising us to remove any which you deem are not suitable. We will endeavour to remove any links you nominate within 24 working hours.

6.4The sale of search engine optimisation services are final, and no refunds or credits are available upon commencement of the program.

6.5The Traffic Accelerator program can be placed on hold for up to a maximum of 3 months. Beyond this point billing will resume as per the original outlined billing period / fee. If you wish to place the program on hold for a period that exceeds 3 months, then you will need to cancel and re-subscribe at a later date.

6.6For The Traffic Accelerator Pro service, implementation of search engine optimisation recommendations are included in the service fee. Changes to the website that have not being recommended by an Online Marketing Consultant are not included in the service fee and may attracted an additional charge at our standard rate of $150 per hour.

7. Search Engine Advertising Services

7.1We will the best endeavours to use your monthly advertising budget responsibly. Fluctuations in search traffic mean we cannot guarantee it will always be spent in it's entirety. Underspend from one month will be rolled over into a future month.

7.2We do not offer refunds or credits for other services of your unspent monthly budget.

7.3The monthly Adspend budget you have agreed to will be charged each month in advance, regardless of actual Adspend in the previous month. You may vary this plan up or down in advance, without penalty, to suit your marketing needs. This cannot be varied after billing has commenced for the period.

7.4Whilst we follow best practice to bring qualified traffic to your website, we do not guarantee that search engine advertising services will increase third party traffic to your website or that such traffic will increase business sales or enquiries.

7.5Setup fees for PPC *Setup, *Management, *Adspend & *Landing Pages are payable in advance automatically, either by credit card or direct debit. Setups and Ads will not commence serving until the appropriate invoicing is paid in advance.

7.6Payment terms and payment plans are not available and invoicing is not retrospective.

7.7The customer authorises their credit card to be debited with Management Fees (initial contract period as a lump sum, then monthly, in advance) and Adspend each month, monthly in advance. The customer authorises Netregistry to debit their credit card with such account charges and fees as are due and payable at that time. Using this as authority until the agreed service is cancelled.

7.8Termination: should you wish to suspend the service after the initial contract period (3, 6 or 12 months), it must be cancelled via your Console account at least one (1) business day before the end of the current monthly billing cycle, otherwise this agreement will continue from month to month. The standard monthly billing cycle starts on the day that your Ads commenced serving and concludes one day prior in the following month. Instructions in relation to the operation of the Search Engine Advertising services, from the customer to Netregistry will be by way of logging in to your Console account at: https://theconsole.netregistry.com.au/ and no verbal instruction system will form an amendment, alteration, direction or consent in any matter. No refund or credit for other services will be provided for any outstanding days of Management or Adspend for the remainder of the current monthly billing cycle.

7.9We do not manage Google AdWords inside existing accounts. If you have an existing AdWords account, we will suspend it at the same time as your new account goes live. It can take Google some weeks for billing on your original account to be finalised.

7.10As a Google AdWords Premier SMB Partner, Netregistry will abide by Google AdWords Third Party Terms, thus ensuring the media spend will be spent on behalf of you the clients.

8. Virtual Private Server

8.1 General VPS service terms

8.1.1We specifically exclude any warranty as to the accuracy or quality of information received by any person via the VPS and in no event will we be liable for any loss or damage to any data stored on the VPS or it's virtualised storage device(s). You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the VPS and it's virtualised storage device(s). You warrant to us that you will only use your assigned VPS for lawful purposes. In particular, you further warrant and undertake to us that:

8.1.1.a)you will not, nor will you authorise or permit any other person to, use the VPS in violation of any law or regulation;

8.1.1.b)you will not knowingly or recklessly post, link to or transmit any material:

8.1.1.b.i)that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or

8.1.1.b.ii)containing a virus or other hostile computer program;

8.1.1.b.iii)that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

8.1.1.c)you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the VPS to our detriment or that of our other customers. Netregistry reserves the right to suspend your service at the time of service abuse prior to notification, and to terminate your account in the event of three (3) suspensions of the service as a result of ongoing lack of resolution of the issue.

8.1.2You shall defend, indemnify, and hold harmless Netregistry from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including legal fees and litigation expenses) arising out of or relating to any and all claims by any person relating to use of the VPS or associated services you have installed and configured on your VPS, including, but not limited to, use of the VPS without your explicit consent.

8.1.3You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. In the event of deliberate transmission of unsolicited commercial email (UCE) from your VPS, Netregistry reserves it right to terminate services without prior notification.

8.1.4You warrant, undertake and agree that:

8.1.4.a)any transactions within websites or application hosted on your VPS, which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

8.1.4.b)the information contained within websites or application hosted on your VPS, will comply with all applicable law, and codes of practice governing the use of web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

8.1.4.c)you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and VPS) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

8.1.5Whilst we shall use reasonable endeavours to ensure the integrity and security of the VPS, we do not guarantee that the VPS will be free from unauthorised users or hackers, including degraded network connectivity as a result of any type of malicious denial of service attack.

8.1.6We do not warrant whatsoever that any supplied virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

8.1.7You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any VPS plan. All excess data will be charged at the rate of $10 per GB to the nearest whole GB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Netregistry will provide an online interface allowing authorised users to monitor website data traffic.

8.1.8All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:

8.1.8.a)Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review.

8.1.8.b)This includes but is not limited to execution of scripts (PHP, ASP.NET, CGI/PERL, FTP, HTTP, database connections and the like).

8.1.8.c)Running standalone, automated server-side processes including, but not limited to any daemon.

8.1.8.d)Running any bit torrent application, tracker or client.

8.1.8.e)Participating in file sharing or other peer to peer sharing activity.

8.1.8.f)Executing any script for longer than 180 seconds.

8.1.8.g)Executing any database query that takes longer than 30 seconds to complete.

8.1.8.h)Specifying cron tasks that execute more frequently than every 300 seconds.

8.2 VPS Service Level Agreements

During the term of the VPS agreement, you shall have a Service Level Agreement
(SLA) for any downtime reported to Netregistry by you.

Other than as provided in this SLA, Netregistry shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government authority, war, sabotage, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Services.

8.2.199.9% Uptime Guarantee

In the event of Downtime as defined in Clause 8.2.2, Netregistry will at your request, credit your account for the failed service as described below.

If the total downtime in the calendar month is:

  • Greater than 0.7 hours but not exceeding 7.2 hours - 10% of the Monthly recurring fee
  • Greater than 7.2 hours but not exceeding 14.4 hours - 20% of the Monthly recurring fee
  • Greater than 14.4 hours but not exceeding 21.6 hours - 40% of the Monthly recurring fee
  • Greater than 21.6 hours but not exceeding 28.8 hours - 60% of the Monthly recurring fee
  • Greater than 28.8 hours - 80% of the Monthly recurring fee

8.2.2Downtime

All VPS products are sold in an unmanaged state unless otherwise specified.

For the purposes of this Clause, Downtime shall mean any interruption of ninety (90) seconds or greater in the connectivity of the network to the VPS, the VPS container to be running, and the connectivity of the container to the shared network storage and the failure is a result of:

8.2.2.1any failure by Netregistry so as to cause interruption in network availability (with the exclusion of network saturation by DOS/DDos), where downtime is defined as:

8.2.2.2router packet loss is in excess of fifty percent (50%) and is sustained for one hundred and twenty (120) seconds or more.

8.2.2.3if the latency across the Netregistry IP network exceeds one hundred twenty (120) milliseconds, for longer than 300 seconds, Netregistry will classify this as downtime.

8.2.2.4A fault in hardware by which the VPS services are provided (and in all cases Netregistry will in its sole discretion determine whether a service fault is due to hardware). If time between your formal indication of service fault and Netregistry's acknowledgement and response to begin resolution of the hardware fault exceeds four (4) hours, Netregistry will classify this as downtime (and resolution is either the replacement or the provision of new system).

8.2.2.5For purposes of this Clause, downtime as defined in Clause 2.2 begins at time the Customer reports service failure to Netregistry. If the Customer does not report service failure before Netregistry resolves problem, then downtime will not be accumulated or credited as per Clause 8.2.1.

8.2.3Maintenance Windows

In order to maintain and upgrade the Netregistry IP and network infrastructure, Netregistry performs scheduled maintenance on its equipment. Outages or performance degradation during scheduled maintenance windows as a result of router, switch or server maintenance, are not considered downtime for purposes of this section. Netregistry shall make all commercially reasonable efforts to provide the customer with reasonable prior notification of all scheduled and emergency maintenance procedures. All such notification shall be performed via email and/or publication of a service notification on the Netregistry web site.

8.2.4Investigation of Service Interruptions

At your request, Netregistry will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Netregistry reasonably determines that all facilities, systems and equipment furnished by Netregistry are functioning properly, and that downtime arose from some other cause, Netregistry can continue to investigate the downtime at your request and expense under Netregistry's Professional Services Agreement which shall occur at an agreed fixed hourly rate with a minimum requirement of one (1) hour.

8.2.5Sole Remedy

The terms and conditions of Section 2 shall be Customer's sole remedy and Netregistry's sole obligation for any downtime. This shall include, loss of: business, information, files, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any losses or damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the VPS Services.

8.2.6SLA Rebate

SLA Processing will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the incident it is being requested for.

8.3 VPS Support Services

8.3.1Unmanaged

Netregistry VPS solutions are provided unless otherwise specified as 'unmanaged'. Unmanaged is defined as a base installation of your specified operating system, network access and remote access via SSH or terminal services depending on the selected operating system. Past the initial deployment of the server, you are responsible for any updates, or additional software installations or integrations that are performed on the VPS.

8.3.2Your Obligations

8.3.2.a)You shall document and promptly report all errors or malfunctions of the hardware or software to Netregistry in a reasonable time frame.

8.3.2.b)You shall maintain a current archive copy of all software and data. In the event of a critical system failure that involves hardware replacement, Netregistry shall restore system to original configuration as at date of the service commencement and you shall be responsible for restoring all data.

8.3.2.c)You are responsible for network and application security measures and acknowledge that they may be vulnerable to network attacks should they not utilise TCP/IP packet filtering technologies which may or may not prevent system penetration.

8.3.2.d)You acknowledge that Microsoft Windows and Linux operating systems along with additional 3rd party software may contain bugs or may be dysfunctional. Netregistry provides no guarantee in regards to the stability or security or otherwise of an operating system for any particular function.

8.3.2.e)You sshall promptly report all changes in contact personnel us or other contact details via the Netregistry VPS support channel.

8.3.2.f)You shall follow support procedures as outlined on the Netregistry web site when support is required.

8.3.2.g)You are responsible for the role of 'system(s) administrator'. The system administrator as deemed by this agreement as the collection of tasks related to utilising system software. This includes maintaining users, maintaining websites, maintaining email setting, configuration of databases, uploading content and any and all associated programming.

8.3.2.h)You acknowledge that technical support is limited to hardware/network failures unless you take up our VSP Admin Services. Technical support relating to usage of software or code is a billable professional service at our published hourly rate(s), with a minimum of one (1) hour.

8.3.3IP Addresses

Netregistry may designate for your use on a temporary basis one or a number of Internet Protocol Addresses ("IP Addresses") from the address (IPv4 and/or IPv6) space allocated to Netregistry by APNIC. You accept that the IP addresses are the sole property of Netregistry and are designated to you to use on a temporary basis, more specifically these addresses are not portable.

Netregistry reserves the right to change the IP addresses allocated to you at any time but in doing so shall use reasonable commercial effort to minimise any inconvenience to you, and shall give you a reasonable notice of any changes. You agree that you will have no right to use any IP addresses assigned to you upon termination of this agreement, and that any change in IP addresses you may need to make after termination of this agreement shall be your sole responsibility.

9. Hosted Application

9.1Hosted Application means a software application or tool which is accessed and used, including the saving and retrieval of data, by logging onto the servers of the software provider via the Internet. In this section, the Supplier means the third-party supplier and host of the Hosted Application.

9.2You acknowledge that Netregistry is not the owner of the Hosted Application, but is an authorised reseller of it. By ordering this Service from us, you have confirmed your acceptance of the End User Agreement (the EUA) that comes with and is displayed in the Hosted Application, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Hosted Application, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and Netregistry has no liability or obligation to you apart from what is stated in these Netregistry terms and conditions (agreement).

9.3Netregistry hereby grants to you a non-exclusive, non-transferable right to use the Hosted Application for the duration of this agreement.

9.4Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.

9.5Netregistry does not represent, warrant or guarantee that the Hosted Application will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.

9.6You acknowledge that the Hosted Application is hosted by the server of a third-party supplier. Netregistry makes no representations, warranty, or guarantee as to the reliability of the Hosted Application or the ability to access the Hosted Application or retrieve data therefrom at all locations and at all times.

9.7Apart from technical support in relation to activating the Hosted Application, Netregistry will not provide any user support on managing the internal features of the Hosted Application.

9.8You hereby permit Netregistry's disclosure to the Supplier of information necessary to identify the Hosted Application purchased, the date of purchase, the duration of your right hereunder to use the Hosted Application and the amount (s) paid by you.

10. Downloadable Software

10.1Software means software downloadable by using the log-in details provided by Netregistry in relation to your current account with us relating to that software. In this section Supplier means the ultimate provider of the Software. Updates means new software releases made available by the Supplier containing security patches, bug fixes, enhancements or updates to Software.

10.2You acknowledge that Netregistry is not the owner of the Software, but is an authorised reseller of it. By ordering the Service from us, you have confirmed your acceptance of the End User Agreement (EUA) that is displayed at the bottom of this page, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Software, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and Netregistry has no liability or obligation to you apart from what is stated in these Netregistry terms and conditions (agreement).

10.3Netregistry hereby grants to you a non-exclusive, non-transferable right to use the Software for the duration of this agreement.

10.4Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.

10.5Netregistry does not represent, warrant or guarantee that the functioning of the Software will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.

10.6You must not remove or alter any copyright, trademark or proprietary notice in the Software. Nothing in this agreement gives you any rights to the Intellectual Property Rights (including without limitation, copyright, trademarks, patents and design) subsisting in the Software or any Updates or any component elements of them. You acknowledge that under the right of usage granted to you hereunder there is no transfer of title or ownership to the Software or to any modifications, updates and new releases thereto.

10.7Except to the extent specified to the contrary in this agreement, Netregistry shall not be obligated to support the Software, whether by providing advice, training, error-correction, modifications, new releases or enhancements or otherwise. Netregistry will however use reasonable endeavours to make available to you Updates as and when they become available from the Supplier.

10.8You hereby permit Netregistry's disclosure to the Supplier of information necessary to identify the Software purchased, the date of purchase, the duration of your right to use the Software and the amount (s) paid by you.

10.9You acknowledge that the Software cannot be guaranteed error-free and further acknowledge that the existence of any such errors will not constitute a breach of this agreement by Netregistry. If you believe there is a defect in the Software, this must be notified and dealt with direct to the Supplier within the Warranty Period provided in the EUA.

10.10 The Software may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software could lead to death, personal injury, or severe physical, property or environmental damage.

10.11 Netregistry is under no obligation under this agreement to provide new releases. If new releases are offered by Netregistry it will be at the then current Netregistry price but with any discount for upgrading from a previous version of the Software being passed onto you.

10.12 Without limiting any other provision of this agreement, Netregistry shall be under no liability to you in the event of loss or damage suffered as a result of your failure to download Updates as and when they become available from us.

11. Reseller & ISP Partner

11.1If you are or become a reseller of our Services you must ensure that you continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these.

11.2Resellers who transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within the Netregistry Reseller system, agree that in the event that a reseller has an unused prepaid balance, the funds cannot be held indefinitely. Therefore, any prepaid credit deposits will be forfeited if there is no activity on a reseller's account for a continious 12 month period.

11.3You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on us.

11.4We do not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.

11.5As a reseller of our Services, you are responsible for ensuring that any promotional, advertising or other material you distribute to your customers (whether in paper form or electronically):

11.5.1does not contain any misrepresentation relating to Netregistry or the nature of your relationship with Netregistry;

11.5.2is in accordance with all applicable advertising standards;

11.5.3does not contravene any law of the relevant jurisdiction;

11.5.4is appropriate in all the circumstances;
and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.

11.5.5retain the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable by reference to the criteria referred to at paragraph 4 above.

11.6You agree to indemnify, keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of our Services by you to your customers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us as a consequence of your breach or non-observance of the Reseller and ISP Terms.

11.7As a reseller of our Services, you are responsible for providing end user technical support to your wholesale customers. Netregistry will only provide information and support to an account holder; i.e. the Reseller and/or Affiliate Account Holder for the respective domain(s). In the event where a Reseller's client requests any domain information or support, Netregistry will direct the client to contact the reseller in the first instance, providing the client with a contact email address listed on the reseller account.

11.8You agree to ensure that end user domain registrations are applied for in the Entity name of your end user/customer unless otherwise agreed upon in writing.

11.9At the request and appropriate verification of an Affiliate account holder we will split an end user's account from the Reseller into its own Netregistry Retail account. Netregistry will then inform the Reseller accordingly.

11.10Domain registrants will be able to split away and manage their domain registrations and services directly via a Netregistry Retail account under the following conditions. If the conditions cannot be met, the domain registrant will be issued with a copy of the Authorisation Code(EPPDomain password) for transferal to another provider. Reseller Split request will be processed if submitted with specified documentation and:

11.10.1Reseller has explicitly confirmed acceptance following our notification;

11.10.2Reseller has not responded to our request for acceptance of the split within 48 hours of notification;

11.10.3Reseller account is listed as Suspended or Blacklisted for non-payment.

11.11In an event of a domain registrant splitting their service away from the Reseller, all associated services will be moved to the Retail account and will be the responsibility of the new account holder.

11.12In an event of a domain registrant transferring their domain registration away from Netregistry for service provisioning externally, the subscription of services and its cancellation is the responsibility of the Reseller account holder.

11.13Reseller Agreement with ICANN:

11.13.1Reseller is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN to do so.

11.13.2Any registration agreement used by reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service.

11.13.3Reseller shall identify the sponsoring registrar upon inquiry from the customer.

11.13.4Reseller shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by reseller in connection with each registration will be deposited with Registrar or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilise such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to registrar in the event reseller breaches the reseller agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and reseller meets any other criteria established by ICANN in accordance with its Bylaws, reseller shall be permitted to apply to ICANN for such recognition.

11.13.5To the extent that Registrar is obligated to provide a link to an ICANN webpage, Reseller also shall be under an obligation to provide such linkage.

11.13.6If Registrar becomes aware that such a Reseller is in breach of any of the provisions of this Agreement, Registrar shall take reasonable steps to notify the Reseller that it is in breach of the reseller agreement and that Registrar has the right to terminate such agreement.

12. The Web Security Product Suite

12.1 A web security product is defined as either "Website Security Service" or "Website Hardening Service".

12.1.1The Website Security Service will remotely review your website on a defined periodic basis and look for known signatures of misadventure, including but not limited to malware and virus infection, defacement, folder and directory insecurity. The Website Hardening Service will also monitor known databases available on the public Internet to identify any adverse reputational listing including listing in blacklists. The Website Security Service will attempt to where possible remove inserted code and restore your site to a compromised position without adversely affecting the core operation or content of the website, and will provide a report of both identified issue(s) and remedy.

12.1.2The Website Hardening Service will remotely monitor your website on a defined periodic basis and search for any both known exploits, and for signatures of unknown exploits. It will actively monitor installations of common open source CMS applications including Joomla!, Wordpress, Drupal and Django to ensure the base application is patched to the latest stable version and that common plugins for these applications are also secured to the latest patched versions, and that any other critical updates are identified and applied. The Website Hardening Service will finally monitor the .htaccess file on the website to identify any common exploits to this file.

12.2 Product Specific Terms of Service, Web Security Suite

12.2.1By entering into a Website Security Service products services agreement as offered by Netregistry you understand and agree that:

12.2.1.a)The product only identifies the results of a hack or other misadventure. It specifically does not identify the cause or vector by which the site was compromised. The product does not offer any patching or other modification to website code to prevent a subsequent event from occurring.

12.2.1.b)The product will attempt to remove any and all code identified as having been inserted into the site by an unauthorised party, however no guarantee is provided as to either the identification of all such inserted material, nor the removal of all material.

12.2.1.c)The product offers no guarantee or warranty either express or implied that once the site has been re-mediated either wholly or partially that subsequent hack will not occur at any point in the future.

12.2.1.d)The product offers no guarantee or warranty either express or implied that once the site has been re-mediated either wholly or partially that subsequent hack will not occur at any point in the future.

12.2.2By entering into a Website Hardening Service security products services agreement as offered by Netregistry you understand and agree that:

12.2.2.a)Netregistry will make every reasonable endeavour to identify any malicious code inserted into your website, however provides no guarantee that every possible hack can and will be identified.

12.2.2.b)Netregistry will make every reasonable endeavour to patch or otherwise re-mediate your site to a secure state, however Netregistry provides no guarantee or warranty either express or implied that your site will be completely safe from subsequent malicious activity, nor that any attempted remediation on our part will be successful.

General Terms of Service, Web Security Suite

12.3 Limited Warranty

Netregistry will use all reasonable endeavours to either identify, remedy, otherwise secure or take all remediative actions for your website depending on the product that you have subscribed to. In the event that Netregistry is unable for any reason to identify or clean, or re-mediate in any way a compromised or infected website, the sole remedy of Netregistry is the refund of the service fee paid by you to monitor or otherwise re-mediate your website for the current billing period.

12.3.1Netregistry offers no warranty either express or implied that:

12.3.1.a)Any Web Security Suite product offered will prevent your website from being hacked, compromised or otherwise accessed and/or modified by an unauthorised party.

12.3.1.b)That any remediation action taken will completely remove all material (malicious or otherwise) that has been inserted into your website.

12.3.1.c)That after any successful remediation and/or patching of core software, that the site will not again be compromised or accessed by an unauthorised party in any way.

12.3.1.d)That any defects or errors resulting from site remediation will will corrected.

12.3.2You understand and agree that you use the service at your own risk and that you will be solely responsible for any damage to your software, websites and data.

12.4 Limitation of Liability

As per general Netregistry terms of service, Clause 2.6 in its entirety.