OK Showbiz devotees....all the stuff your agent usually takes care of is down below.
Check it out....nothing bad...just designed to protect you and yours and us too.
All's well that ends well ..............Enjoy!
Domain Name Transfer Contract (DNTC)
You will be asked to acknowledge and agree to a Buyer contract (Domain Name Transfer Contract) prior to the transfer of the domain name to you.
Below is an example of the type of buyer contract to expect.
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Purchase and Sale Contract
The following are the agreed upon terms and conditions for the purchase and sale DOMAIN NAME. This agreement is written between Seller and Buyer, collectively the “Parties”.
Seller
INFORMATION PROVIDED BY SHOWBIZDOMAINS.COM
Buyer
INFORMATION PROVIDED BY YOU
1. Definitions.
In this agreement the following words and phrases shall have the following meaning:
“DOMAIN NAME PURCHASE ITEM” means an Internet domain name offered for sale by the Seller via the ShowbizDomains.com website
AND PURCHASE PRICE
The Domain Name Purchase Item of this Purchase and Sale Agreement of (insert Date) is the Internet domain name (insert domain name) only. No website or other item is included.
The Purchase Price shall amount to (insert price) USD including any statutory tax that may be incurred (for instance GST).
3. Warranties and Representations
a) The Seller guarantees that they are the owner of the aforementioned Domain Name Purchase Item and may freely dispose of said Domain Name Purchase Item. Furthermore, the Seller warrants that the Domain Name Purchase Item is not encumbered by the rights of third parties and that to date, they have not received any warnings of potential litigation or preliminary injunctions against the Domain Name Purchase Item that have not been disclosed to Buyer.
b) The Buyer understands and agrees that it is their sole responsibility and duty to perform all necessary due diligence before entering into this agreement to buy the Domain Name Purchase Item, including research of fitness for particular intended uses, trademark clearance, or anything that could inhibit their future use and enjoyment of the Domain Name Purchase Item.
c) Buyer and Seller shall be liable to each other only for damages that are based upon their failure to perform the necessary steps to complete this transaction, intentional wrongdoing or gross negligence and shall not be liable for claims seeking consequential or punitive damages.
4. Processing the Transaction
a) The Parties agree that processing of payment of the Purchase Price and facilitating the transfer of control of the Domain Name Purchase Item shall be conducted by ShowbizDomains via one or other of it’s payment platforms, they being PAYPAL and ESCROW.COM.
b) In the event that either party fails to perform all reasonable steps necessary to submit payment, complete the transfer of control of the Domain Name Purchase Item, or otherwise fails to communicate with ShowbizDomains’s representatives in a timely manner, ShowbizDomains or ShowbizDomains shall have the permission of the Parties to cancel or temporarily suspend attempts to transfer said Domain Name Purchase Item and to demand the commission from the Party who has failed to complete all reasonable steps necessary to complete the transaction.
d) Seller and Buyer agree to immediately perform all necessary steps required to complete the transfer of Domain Name Purchase Item as soon as receiving related instructions from the assigned ShowbizDomains representative.
5. Disputes
a) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, in the state of New South Wales, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of New South Wales or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than New South Wales.
b) If any provision of this Agreement, or part thereof, shall be held to be unenforceable, void or contrary to law, such provision, or part thereof, shall be severed from this Agreement, with the other provisions remaining in full force and effect. The ineffective provision shall be replaced by a valid one that approaches the ineffective provision as closely as possible.
Forms of payment we accept
Payment is made through either PAYPAL or ESCROW.COM and payment terms and conditions are to be found on their websites.
In general however, payment may be able made through credit card, bank transfer or wire transfer .
Invoices/Receipts
Customers needing a printed invoice/receipt will be supplied with one delivered by email as a printable pdf if they request it by contacting us at
Chargebacks
Domain name purchases are final.
If a chargeback is submitted against a credit card or paypal account used to purchase a domain name and/or service, the account(s) in question will be suspended immediately. We will also immediately request the return of the domain name. Legal action may be commenced.
We reserve the right to cancel service at any time for any reason. Should we cancel service, prepaid monthly fees for service not rendered will be prorated and refunded.
Setup fees and domain registration fees are not refundable.
I Acknowledge that I have read and agreed to the Terms of Sale contained within The Domain Name Transfer Contract (DNTC) above, and confirm that I have read and understood the Terms and Conditions found on the Showbizdomains.com website.
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YOUR NAME------------------------------------
ADDRESS----------------------------------------
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SIGNATURE-------------------------------------
DATE:--------------------------------------------
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Please fill in your information and have your signature witnessed by another adult person. Thanks... --------------------------------------- |
WITNESS NAME---------------------------------
ADDRESS-----------------------------------------
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SIGNATURE--------------------------------------
DATE:---------------------------------------------
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Email or Fax this back to us at the contact address that will be provided to you in your email within 48 hrs of receiving it. We will acknowledge receipt via email once we get it.The sooner you get it back to us, the sooner you will get your Domain Name. YAY! Unfortunately, if we do not receive this DNTC back within 72 hrs we reserve the right to cancel the transaction.
Congratulations on your Purchase of a Showbiz Domain Name...
..................may you have many happy and prosperous years enjoying being "famous for what you do!"
All the Very Best,
The Showbiz Team
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1.1 Acceptance
Welcome to the ShowbizDomains.com web site. Please read the following terms and conditions with care. By visiting this site you are accepting these terms and conditions. ShowbizDomains.com retains the right to modify or amend these terms and conditions at any time, without notice. We may amend these terms and conditions by posting the amended terms on the Site. Unless otherwise stated, all amendments shall be effective immediately upon posting on the Site. You are responsible for regularly viewing the terms and conditions. Continued use of the web site after any such changes constitutes your consent to such changes. If at any time you choose not to accept these terms and conditions, you may not use this site.
In these terms and conditions you are sometimes referred to as "you", "the buyer", "the user" and we are referred to as "ShowbizDomains", "ShowbizDomains.com", "the seller", "we", "us". These terms and conditions apply to your use of all of the sites and services owned or operated by ShowbizDomains, and affiliated companies.
2.1 Users.
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this web site. You certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to fully honour those obligations that you undertake. In addition, you agree that, if you are using the services on behalf of or for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. And should it occur, you accept full liability for any harm caused by your wrongful use of the services. ShowbizDomains reserves the right to refuse, limit or restrict its services to anyone, for any reason, at any time and at its sole discretion.
3.1 Use of the Service and Site
you, or anyone using this service, agree to not use the Services to:
4.1 Content
The content available through the Site is the sole property of ShowbizDomains.com or its affiliated third parties, and is protected by copyright, trademark and other intellectual property laws. Content owned by ShowbizDomains.com affiliated third parties may be subject to additional provisions and restrictions. ShowbizDomains grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for lawful, non-commercial, personal use only, one copy of only the ShowbizDomains intellectual property, provided that you maintain all copyright and other notices contained in such intellectual property. You agree not to reproduce, distribute, disseminate, perform, retransmit, sell, publish, broadcast or circulate the content received through the Site to anyone without ShowbizDomains.com prior written consent.
5.1 Buyers/User Responsibilities
Nothing in this Agreement or appearing on the ShowbizDomains.com site shall be construed to imply that the seller possesses any rights to a domain name beyond those specified in the seller’s service agreement with the relevant domain name registrar or service provider.
The user understands that the purchase of a domain name does not guarantee that the domain name may be freely used by the purchaser. Among other things, trademark law, the rights of publicity and privacy, and other legal considerations may limit or even prohibit certain uses of the domain name. Buyers are advised to consult legal counsel prior to purchasing a domain name in order to determine whether it may be used for the buyer's intended purpose under applicable law.
Prior to the purchase and transfer of the domain name from seller to the buyer, it is the buyers sole responsibility to read, understand and agree to the following:
5.2 Domain name Transfer and Registration
ShowbizDomains makes no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your own risk.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant registrar and naming authority. You must ensure that you are aware of those terms and conditions and that you agree to comply with them. You shall have no right to bring any claim against ShowbizDomains in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority.
ShowbizDomains shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, prior to the completed transfer of the domain name from seller to buyer, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
ShowbizDomains gives no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
5.3. Transfer Process and Restrictions
ShowbizDomains will deliver a Domain Name Transfer Contract (DNTC) to the buyer for review via email or facsimile to the address provided by the buyer. A confirmation of receipt will be requested of the buyer by ShowbizDomains.
The Buyer will be asked to acknowledge and agree to the terms within the Domain Name Transfer Contract (DNTC) and scan and return it , signed, via email to contracts@showbizdomain.com
A confirmation of receipt will be delivered to the buyer by ShowbizDomains.
Should the contract be received after 3 days have elapsed, ShowbizDomains reserves the right to sell the domain name to another buyer.
Once it is acknowledged and agreed to, the Domain Name Transfer Contract will become a legally binding document subject to the following:
5.4 Denial of Transfer
The request to transfer a domain name registration from one Registrar to another may be denied:
(1) during the first 60 days after initial registration of the domain name with the original Registrar,
(2) in accordance with circumstances described in the Domain Name Dispute Policy,
(3) if there is a pending bankruptcy of the domain name holder,
(4) if there is a dispute over the identity of the domain name holder,
(5) by operation of law; or
(6) at the discretion of the then current Registrar.
A domain name transfer shall only take place when the owner confirms the intentions of the transferor by sending, where applicable, a reply email. If, for any reason, the owner fails to confirm any information contained in the email, the domain name transfer shall not occur.
Although all care is taken, ShowbizDomains is not liable for domains that become deactivated or lost during the transfer and/or renewal process.
5.5 Payments and charges
All payments must be in US Dollars, unless otherwise agreed by ShowbizDomains and the buyer.
If Payments are made in Australian Dollars by Australian Residents a 10% GST charge will apply, and the appropriate Tax Invoice will be issued.
Payments made via escrow.com are payable immediately upon signing the Domain Name Transfer Contact. Payments are made in advance of the transfer of the name, and once verified by escrow.com, or in the case of a local sale, ShowbizDomains, the seller will implement the transfer of ownership of the Domain name to the buyer. Once the transferral of ownership is completed and independently verified, the buyers funds will be released to the seller. All domain name sales will be deemed complete and final once transfer of the name from the seller to the buyer and receipt of full payment from escrow.com or from the buyer directly to the seller have been satisfactorily completed.
5.6 Registration Information You agree that ShowbizDomains may make domain name registration information provided by you and/or your agent available to the registry administrators, to ICANN, and to other third parties as applicable, including the public display of information in whois services. You consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by ShowbizDomains. Please refer also to our Privacy Statement the content of which is hereby included in this statement of terms and conditions.
5.7 Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(1) ICANNs Uniform Dispute Resolution Policy , (.COM,.NET.ORG.INFO.BIZ)
(2) Nominet's terms and conditions, and Nominet's Dispute Resolution Policy (.CO.UK)
(3) US terms and conditions (.US)
(4) Afilias terms and conditions (.INFO)
(5) AuDa terms and conditions (.COM.AU)
(6) NZ terms and conditions (CO.NZ)
(7) escrow.com (escrow services)
(8) paypal.com (payment services)
6.1 Warranties and Limitation of Liability
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
YOU REPRESENT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES IS ACCURATE AND CURRENT. THE MATERIALS AND INFORMATION YOU FIND ON THE SHOWBIZDOMAINS.COM WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SHOWBIZDOMAINS.COM WEB SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ACKNOWLEDGE AND AGREE THAT SHOWBIZDOMAINS.COM AND/OR ITS PARENT AND AFFILIATES WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR IN ANY MANNER, HOWEVER CAUSED, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS WHETHER THE ACTION IS IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT. IN PARTICULAR, ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED TO COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES BY COMPUTER VIRUSES, "WORMS", "TROJAN HORSES" OR OTHER ITEMS OR FORCES OF AN INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE NATURE IS DISCLAIMED. THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS BEHAVIOUR, OR ANY OTHER CAUSE OF ACTION. REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SHOWBIZDOMAINS.COM . HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHOWBIZDOMAINS.COM AND/OR ITS PARENT AND AFFILIATES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS (AD$100.00). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ADDITION THE PRODUCTS AND SERVICES CONTAINED, DESCRIBED OR FEATURED ON THIS WEBSITE ARE ONLY DEEMED TO BE OFFERED FOR SALE IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
6.2 Indemnification. You agree to defend, indemnify and hold ShowbizDomains and/or its Parent and associated third parties or affiliates harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees and court costs associated with third party claim, action, or demand brought against ShowbizDomains or its Parent arising from or otherwise related to your actions, including without limitation, for breach of any representation or warranty contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the purchase, sale, license, transfer or use of a Registration in accordance with this Agreement, or any other provision of this Agreement or under the escrow.com Agreement or terms and conditions.
If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” ShowbizDomains does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party.
7.1 No Agency. ShowbizDomains and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these agreed terms and conditions.
8.1 Important Note
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
in relation to goods: 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 the repair of the goods or payment of the cost of having the goods repaired;
in relation to services: the supplying of the services again; or The payment of the cost of having the services supplied again as in each case we may elect.
9.1 Jurisdiction Your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of the Commonwealth of Australia and the State of New South Wales as if the terms and conditions was a contract wholly entered into and wholly performed within the State of New South Wales.
If there is a determination that any provision of these terms and conditions is invalid or unenforceable, that determination will not affect the rest of the terms and conditions and the terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
10.1 Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between ShowbizDomains and you relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between Showbizdomains and you in relation to such matters. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.
Your privacy
Showbizdomains Privacy Policy 12 March 2014 updated 24 May 2018 to be GDPR Compliant
This privacy notice provides you with details of how we collect and process your personal data through your use of our sites, namely, Showbizdomains.com, Showbizdomains.com.au, Showbizdomains.net, showbizsites.com, showbizsupermarket.com
By providing us with your data, you warrant to us that you are over 18 years of age.
International Speech Consultants Pty Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below.
Contact Details
Our full details are:
Full name of legal entity: International Speech Consultants Pty Ltd T/A Showbizdomains
Data Protection Officer: The Data Controller
Email address: datacontroller(at)Showbizdomains.com
Postal address: P.O. Box 179, Crows Nest, NSW 1585, Australia
Why does Showbizdomains need your information?
Showbizdomains understands the importance of protecting your personal information and your right to privacy. Showbizdomains is committed to meeting the requirements of the Australian Privacy Principles which are privacy standards supporting the Privacy Act 1998 as well as the General Data Protection Regulation (GDPR) This document outlines the details Showbizdomains keeps about you and why it needs these details.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at dataupdate(at)Showbizdomains.com
What personal information will Showbizdomains keep about me?
WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
· Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
· Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
· User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
· Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
· Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
· We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
·
Sensitive Data
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Where does Showbizdomains get my personal information?
Where practicable, we will collect your personal information directly from you. However, we may sometimes need to collect personal information about you from your employer or agent to efficiently administer your account and provide our services to you.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at privacy(at)Showbizdomains.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this see Cookie Policy below
We may receive data from third parties such as analytics providers such as Google and Matomo based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
Why does Showbizdomains need my personal information?
In summary, Showbizdomains collects your personal information to administer your domain purchases and membership. Showbizdomains collects personal information about you to:
Showbizdomains may also use and disclose personal information about you to:
Where does Showbizdomains disclose my personal information?
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
IF TRANSFERS OUT OF EEA OCCUR
We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
What are the consequences of not providing personal information?
If you choose not to provide all or part of your personal information to Showbizdomains, the main consequences are that:
we may not be able to provide appropriate information and advice to you about the services and products offered by Showbizdomains.
If you have general questions about our services or products, our helpline will try to facilitate anonymous queries or use of a pseudonym. However, we may not be able to effectively assist you without knowing your personal circumstances. In addition, we are not able to discuss individual training or products without first identifying you.
How does Showbizdomains handle and store my personal information?
We store information in different ways, including in paper and electronic formats. The security of your personal information is important to us, and we take reasonable steps to protect it, including by:
Does Showbizdomains engage in direct marketing?
Yes, from time to time, we may contact you to let you know about promotions, products and services available to our members and clients. We may contact you via mail, telephone and SMS to let you know about these offers. We will always let you know that you can opt out from receiving our marketing offers. If you do not wish to receive communications of this kind, please contact our helpline on 1300 922 122.
.MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations,we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at moptout(at) showbizdomains.com at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
What does Showbizdomains do with government-related identifiers?
In certain circumstances we may be required to collect government-related identifiers such as your ABN or tax file number. For instance, if a corporate domain sale is made or if you are applying for a job as a broker. We will also be disclosing your information to the NSW Commission for Children and Young people should you seek employment with us. We will not use or disclose this information unless we are authorised by law.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see cookie policy below.
We use ‘cookies’ to collect information on user activity on our public websites, and on our secure member area. A cookie is a small text file that allows information (such as an IP address) to be retrieved from your computer by our webserver. The information collected by cookies does not include personal information. The cookies that Showbizdomains uses are temporary session cookies which expire when you close your internet browser. If your internet browser is set to reject cookies, you will be unable to access the online secure areas for members and clients on our websites.
Online web forms
We use online web forms on our public websites to collect information for members and clients who use particular offers and services. Where the online web forms require members or clients to submit personal information, the webpages hosting the forms are secured by encryption to protect your personal information. However, you should note that no data transmission over the internet can be guaranteed as 100% secure.
Secure portal area
You can log into the secure portal area on Showbizdomains.com to access your digital downloads. You will need to use your Showbizdomains member user name and a PIN to log in. The secure member area is hosted by our administrator. When you login, you will be requested to consent to the administrator’s terms of use before you can access your account information. In addition to viewing a summary of your account information, you can update, correct or supply further account information which we will use to update our record of your personal information.
Can I see the personal information Showbizdomains has about me?
You have a right to know what personal information Showbizdomains holds about you and to see this information to ensure it is correct – see ‘How can I obtain more information?’ below. If you discover that there is an error in the personal information held about you or that certain information is missing, please notify us and we will try to correct or add the information as soon as possible. There are limited circumstances set out by law in which some or all access to information may be denied. If any of those circumstances apply to you, Showbizdomains will explain this to you in our response to your request.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please email us at removedata(at)Showbizdomains.com
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
How can I obtain more information?
If you want further information on the personal details Showbizdomains holds for you or how Showbizdomains handles your personal information, please contact us at:
Showbizdomains
PO Box 179
Crows Nest NSW 2065
Phone: 1300 922 122
Email: privacy (at) Showbizdomains.com
You can also obtain information about your privacy rights from the Australian Government Office of the Australian Information Commissioner on 1300 363 992 or visit www.oaic.gov.au.
How will Showbizdomains handle privacy queries and complaints?
If you have an enquiry about our privacy policy, please contact our office (details above) and address your query to our ‘Privacy Administrator’. If you believe that Showbizdomains has breached your privacy rights in any way, or if you are not satisfied with the Privacy Administrator’s answer to your questions or concerns, please contact our office (details above) and address your query to our ‘Complaints Administrator’. All complaints will be acknowledged promptly and, in most cases, addressed within 30 days. You will receive a written reply detailing Showbizdomains’s decision. If you are unsatisfied with the resolution of any privacy-related complaints, you can refer the matter to the Australian Information Commissioner (Privacy Commissioner). The Australian Information Commissioner may be contacted at: Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Fax: (02) 9284 9666
Email: enquiries@oaic.gov.au
Changes to our privacy policy
We will let you know of any changes to Showbizdomains’ Privacy Policy and the Notice of Collection of Personal Information by posting a notice on our website.
Notice of Collection of Personal Information
Showbizdomains collects personal information, in order to: process applications for, and facilitate the provision of, its products and services; and to comply with its statutory obligations. Showbizdomains may also collect non-sensitive personal information in order to send information about other products or services which may be of interest to members. This information may be disclosed to third parties who assist Showbizdomains in providing its products and services, including mail houses, internet providers, and professional advisers, to which a benefit maybe paid. Some of these service providers maybe located overseas, in countries including the UK, USA, New Zealand, The Netherlands or India. For further details, including how to access or correct personal information or how to make a complaint about the way Showbizdomains deals with personal information, refer to Showbizdomains Privacy Policy, which is available at www.Showbizdomains.com/privacy or by phoning 1300 922 122.
Cookies are small text files that websites save locally to your computer, which allow sites to store and use information during your visit.They can improve your experience when using a website by:
None of our cookies used for our sites can be used to identify you personally. They are just used to help make the site better for you. To learn more about cookies and how to manage them, visit http://aboutcookies.org/. Read on to find out more about how we use cookies.
The primary site,Showbizdomains.com and associated microsites use cookies in several places, and we’ve listed them below with more details about why we use them and how long they will last.
You can set your browser to refuse all cookies or to indicate when a cookie is being sent, however some website features or services may not function properly without cookies.
We only use first-party Google Analytics cookies to track anonymous usage statistics and do not collect any personal information that can be used to identify you. This helps us analyse data about webpage usage and improve our website in order to tailor it to customer needs.
Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. We do not allow Google to use or share our analytics data.
Google Analytics sets the following first-party cookies:
| _Cookie | Content | Expires |
|---|---|---|
| _utma_ | Random Number | 2 years from now |
| _utmb | Random Number | 1 day from now |
| _utmc_ | Random Number | When you quit your browser |
| _utmz_ | Random Number | 6 months from now |
Google Analytics does not collect any personal information, as identified in their privacy policy. Google also offers a browser plugin that allows users to opt out of their analytics.
To run our sites we use "session cookies". These cookies are used to remember selections and preferences that you've already made or information that you've already given. Certain parts of our sites will not work if cookies cannot be set (for example if you set your browser to refuse all cookies).
| Primary site | Cookie | Content | Expires |
|---|---|---|---|
| showbizdomains.com | _JSESSIONID | Random number | When you quit your browser |
| db.showbizdomains.com | PHPSESSID | Random numbers/letters | When you quit your browser |
On our main site, blog and some of our micro sites, we use social media buttons to allow users to easily share pages and post them to social networks. These use third party cookies.
| Primary site | Third party | Cookie | Content | Expires |
|---|---|---|---|---|
| showbizdomains.com | www.appcat.com | |||
| showbizdomains.com | .youtube.com | VISITOR_INFO_LIVE | Random number/letters | 6 months from now |
| Db.showbizdomains.com | www.linkedin.com | X-LI-IDC | Random number/letters | When you quit your browser |
| Db.showbizdomains.com | www.twitter.com | pid | string | When you quit your browser |
There are many legitimate uses for cookies to enhance convenience and efficiency. However, some uses of cookies can lead to privacy concerns. These concerns typically emerge when a cookie holds personal information identifying you (e.g. a person's name, e-mail address, billing information, address or similar), or is used across multiple sites to track users and internet usage.
Showbizdomains.com does not use any of its first-party cookies to hold any personal information or track users across multiple sites. On some of our sites (ShowbizSites.com and ShowbizSupermarket.com) we use third party social sharing tools that set third-party cookies, which allow you to share content via social networks.
Other concerns some users have are around privacy, and in particular those third party cookies which are generated by advertisers which track browsing activity across different sites. For all cookies, there are steps that you can take to manage your user preferences on how these are set.
You can manage the cookies stored on your computer, or turn them off completely, through your browser settings. Be aware that this may affect your browsing experience or even prevent you from using certain services such as those with a secure login, which require cookies to be set in order to work.
All modern browsers will let you change your cookie settings to give you broad control over whether cookies can be set or not. For more information, visit the help section for the browser you use.
Here are a few of the most popular:
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Safari
If you are concerned about third party cookies generated by advertisers, you can visit theYour Online Choices website which allows you to turn these off.
The Network Advertising Initiative also provides opt-out controls for targeted advertising by NAI member ad networks.
Please bear in mind that there are many more networks listed on the Network Advertising Initative than those that we use at ShowbizDomains.
Digital Assets respects the rights of trademark holders. We also don't like reverse domain name hijackers.
Remember...there are many classes and countries that a trademark can be registered in too....so you may not have exclusive rights.
For those of you who feel you have a legitimate claim , please follow the instructions below.
http://www.icann.org/en/help/dndr/udrp/policy
(As Approved by ICANN on October 24, 1999)
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available athttp://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv)of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions ofParagraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant toParagraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at <URL> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration
http://www.icann.org/en/resources/registrars/transfers/name-holder-faqs
If I bought a name through one registrar, am I allowed to switch to a different registrar?
Yes. The Inter-Registrar Transfer Policy, applicable to all ICANN-accredited registrars, provides that registered name holders must be able to transfer their domain name registrations between registrars. You must wait 60 days after the initial registration or any previous transfers to initiate a transfer.
How do I transfer my domain name to a new registrar?
If you wish to move your domain name from one ICANN-accredited registrar to another, you may initiate the transfer process by contacting the registrar to which you wish to transfer the name. This registrar is required to confirm your intent to transfer your domain name using the Initial Authorization for Registrar Transfer form. If you do not respond or return the form to the registrar, your transfer request will not be processed.
Your current registrar may also choose to verify your intent to transfer using the Confirmation of Registrar Transfer Request form.
The registrar is asking me for a code. Where do I get this?
The Auth-Info Code is a unique code generated on a per-domain basis and is used for authorization or confirmation of a transfer request. Some registrars offer facilities for you to generate and manage your own Auth Info code. In other cases, you will need to contact the registrar directly to obtain it. The registrar must provide you with the Auth-Info code within 5 calendar days of your request.
The Auth-Info code is applicable to transfers of all gTLD names, with the exception of .gov, .edu, .mil, .museum, and .int names.
What if I don't know who my registrar is?
If you don't know who your current sponsoring registrar is, you can access information about your domain name by performing a Whois search at <http://www.internic.net/whois.html>.
My registrar is refusing to transfer my name. What do I do?
A registrar may legitimately deny a transfer request in certain limited circumstances, as follows:
Registrars are required to specify a reason when denying a transfer request. Contact either the current registrar or the registrar you wish to transfer to for assistance.
My registrar is charging me a fee to transfer to a new registrar. Is this allowed?
Yes. Registrars are allowed to set their own prices for this service.
My request was denied for a reason not listed above, or I do not agree with the reason they provided. What do I do?
If you believe that your transfer request was inappropriately denied by your current registrar, please contact the registrar to which you want to transfer for assistance. Disputes between registrars over alleged violations of the Inter-Registrar Transfer Policy may be initiated by any ICANN-accredited registrar.
My domain name was transferred without my authorization. What do I do?
If you believe that your domain name was transferred to a new registrar without your authorization or consent, please contact the original registrar. Disputes between registrars over alleged violations of the Inter-Registrar Transfer Policy may be initiated by any ICANN-accredited registrar.
How do I find out why my transfer request was denied?
If your current registrar denies a transfer request, they are required to provide you with the reason. Contact the registrar for assistance. See above for the circumstances in which a registrar may legitimately deny a transfer request.
My domain has been transferred to some other registrar without my knowledge, and now it shows someone else as the owner. What do I do?
A registrar may only initiate a transfer if it has obtained a completed Form of Authorization (FOA) from either 1) the registrant or 2) the administrative contact for the domain. The registrar must be able to produce a copy of this documentation when it is requested. Failure to do so is grounds for reversal of a transfer in the event that a complaint is filed under the Transfer Dispute Resolution Policy.
Thus, the first step should be for your previous registrar to request from the new registrar a copy of the form used for authorizing the transfer. The registrar can then proceed with initiating a dispute as appropriate. Contact your previous registrar for assistance.
My domain name has just expired. Can my registrar require me to pay for a renewal before I can transfer to a new registrar?
No. Your new registrar of choice can initiate a transfer request on an expired domain name once they receive the required authorization from you. Expiration or nonrenewal of a domain name is not a valid reason for denial of a transfer request.
Note that if the registrar has already begun the deletion process on the domain name and its status shows it to be within a 30-day Redemption Grace Period, the name must be restored. by your current registrar before it can be transferred.
My registrar is listed as the Administrative Contact for my domain name and this is preventing my transfer from going through. What do I do?
If you are listed as the Registrant for the domain name, you can ask your new registrar of choice to send the required Form of Authorization to you rather than the Administrative Contact.
You can also update the data associated with the domain name and name a different Administrative Contact. Some registrars offer an online interface tool for you to manage this data yourself; others can make these updates if you contact their customer service.
Where can I go if I have a question that is not answered above?
If you have questions about the transfer policy, please contact your registrar or you may file a complaint withICANN by going to http://reports.internic.net/cgi/registrars/problem-report.cgi.
Every domain name is covered by a Registration policy of some sort. We have noted several of them here on this site to make it easier for you to know about what's covered. However, as a potential registrant, the onus is on you to become fully aware of the Registration policy that directly relates to the domain name you are interested in buying, prior to buying it.
http://www.eurid.eu/files/reg_pol_EN.pdf
.eu domain names can only contain:
By registering a domain names ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK). The contract includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services.
Since these terms and conditions were written the words "agent", "registration agent" and "tag holder" have been replaced with the single term registrar. This has been done to standardise the terminology used across all of our communications. In the Terms and Conditions of Domain Name Registration below these original words are still used.
Warning:
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK) on the following conditions, which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uknames, see the rules on our website at www.nominet.org.uk
We are a not-for-profit company limited by guarantee, generally performing these services on a cost-recovery basis, and we cannot investigate what rights you have to register or use the domain name. So, we think it is reasonable for us to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.
This contract includes the DRS policy, the DRS procedure and the rules. You can get copies of these from our website or from us. Other policies we refer to do not form part of this contract and may change at any time.
1. The following words marked in bold will have specific meanings in this contract.
‘agent'– Someone who may act on your behalf to deal with us, which will be shown in theWHOIS. Only certain people qualify, and they are known as ‘tag-holders’. See our website for a list.
‘cancel’ – Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.
‘consumer' – You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.
‘correct’ – This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else, must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).
‘domain name’ – An internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.
‘DRS policy’, ‘DRS procedure’ – The policy and procedure of our dispute resolution service.
‘EEA’ – The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.
‘name servers’ – Computers that provide specific translation information in the domain name system.
‘notify’ – Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or us (see condition 36).
‘personal data’ – Any information about an identifiable living person (for example, your name, address or phone number).
‘PRSS’ – A service provided under strict contract to some people based in the EEA which allows them to search WHOIS data differently, but not to use it for marketing purposes.
‘register’ – Our record of domain names and details about you, your agent (if you have one) and other information we need.
‘registry’ – The single organisation which holds all records for domain names with the same ending (we run ‘.uk’) and operates the name servers for that domain.
‘rules’ – Our rules which explain which domain names can be registered and which cannot.
‘special status’ – Various special states your domain name may be in, such as suspended or ‘detagged’. See our website for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.
‘WHOIS’ – A system which provides public information about domain names. See our website for details and how to use the WHOIS.
2. Also in this contract, the following words have special meanings but will not be put in bold.
‘conditions’ – includes all parts of the contract, not just those that lawyers call conditions.
‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.
‘you’, ‘your’ - The person who is entering into this contract with us and who the domain name will be registered for.
3. We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should.
This includes (among other things):
3.1 processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;
3.2 maintaining overall ownership, control and responsibility for the register;
3.3 if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;
3.4 if the domain name is not in a special status, entering details about thedomain name into our name servers; and
3.5 publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name.
4. You have various responsibilities set out generally in this contract. You must also:
4.1 give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2). This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;
4.2 notify us at once about any court proceedings which involve the domain name; and
4.3 notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.
5. For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.
5.1 We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.
5.2 You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.
5.3 If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.
5.4 Your agent acts on your behalf in registering and maintaining the registration of thedomain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.
5.5 We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.
5.6 We will publish on our website from time to time certain activities which your agentis not allowed to do on your behalf or where we want to deal with you directly (or both).
6. We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:
6.1 may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a not-for-profit cost-recovery level only;
6.2 do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;
6.3 may cancel the domain name without further notice if any debt relating to thedomain name remains unpaid after the deadline we have set; and
6.4 unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds.
7. By entering into this contract you promise that:
7.1 you (or your agent) have the permission of any person whose personal datais to be held on the register in line with condition 11;
7.2 any identity and contact information you (either yourself or through youragent) send us must be correct;
7.3 you will send us the information needed under condition 7.2 as soon as possible, through your agent if possible, and you will keep them up to date;
7.4 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;
7.5 you are entitled to register the domain name; and
7.6 you have not registered the domain name in a way that fails to meet with any legal duty you have.
8. Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.
9. Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.
10. A domain name is not an item of property and has no ‘owner’. It is an entry on ourregister database reflected by our nameservers which we provide as part of this contract. As a result:
10.1 we will not be bound by, or record on the register, any mortgage-related obligations;
10.2 we own and keep all copyright and database rights in the register; and
10.3 you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and you confirm that your correct name is recorded in the register for the domain name.
11. We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:
11.1 include it on the register;
11.2 include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;
11.3 if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
11.4 give your personal data to your current or proposed agent (or both); and
11.5 use it as set out in the DRS policy and DRS procedure.
12. You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.
13. By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12.
14. You agree to be bound by:
14.1 the DRS policy and DRS procedure; and
14.2 if there is a dispute, the version of the DRS policy and DRS procedure(available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.
15. We (including in this case our directors, officers, staff of all types and any expert) will not:
15.1 be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and
15.2 be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.
16. We may cancel or put the domain name into a special status by notifying you if:
16.1 we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
16.2 you have broken any part of condition 7 or 8;
16.3 the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or
16.4 you have broken any of the conditions (including the rules, DRS policy andDRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.
17. We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:
17.1 on your instructions (including the absence of instructions to renew - see condition 20), or by someone apparently acting for you (see condition 5);
17.2 if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;
17.3 if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
17.4 if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);
17.5 to carry out the decision an expert has made under our dispute resolution service; or
17.6 if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.
18. If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name(either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).
19. If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.
20. Unless ended earlier under this contract or we are given different instructions, we will enter your domain name on the register for two years. Some agents are authorised to enter your domain name on the register for a number of years from one year to ten years. You can ask your agent for further details of this. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.
21. We may transfer our rights and responsibilities under this contract to anyone else.
22. If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:
22.1 use our current published transfer process; and
22.2 make sure that the person taking over the domain name accepts what remains of this contract in full.
23. If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.
24. If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them.
25. Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.
26. By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.
27. We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of ‘tort’) including negligence or otherwise, for:
27.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect);
27.2 loss of business or contracts;
27.3 loss of expected savings or goodwill; or
27.4 any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to:
27.4.1 any mistake or missing information in the register; and
27.4.2 loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.
28. The law normally implies terms into contracts, but you and we agree that, as far as the law allows, they do not apply to this contract.
29. Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.
30. If you are a consumer, conditions 27, 28 and 29 do not apply to you. Your statutory rights are not affected - for information contact your local authority Trading Standards . Department or your citizens advice bureau.
31. Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after this contract has ended, even if that happens because we or you end this contract wrongfully.
32. If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.
33. This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.
34. The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the DRS policy,DRS procedure and rules) at any time during the term of the contract. We will only do so when we have good reason. Unless we are acting because of a legal requirement or a court order, the change will only be made after we have consulted publicly. We will publish a notice in advance (ideally, 30 days in advance) on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In this case, we will give you a proportionate refund of the registration for the remaining period.
35. Our address is Nominet UK, Minerva House, Oxford Science Park, Edmund Halley Road, Oxford, OX4 4DQ, England (phone +44(0)1865 332211, fax +44(0)1865 332299,
e-mail: nominet@nominet.org.uk). Our offices are open from 9am to 5.30pm (UK local time) Monday to Friday, except for public holidays.
36. Except as set out in condition 5.4, or in the DRS policy and DRS procedure, any notice to be given under the contract will:
36.1 be considered to have been served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry (if to us, at any of the addresses above); and
36.2 apply from the date it was delivered, or if not delivered the date it was sent or posted.
37. This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.
38. We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal information or status. This means that sometimes we continue to list a domain name or accept instructions even after this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it, or acts to create a new contract.
39. This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant.
http://www.neustar.us/policies/
Registrants in the usTLD must be either:
1.A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1],
2.A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States) [Nexus Category 2], or
3.A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3].
Prospective Registrants will certify that they have a “bona fide presence in the United States” on the basis of real and substantial lawful connections with, or lawful activities in, the United States of America. This requirement is intended to ensure that only those individuals or organizations that have a substantive lawful connection to the United States are permitted to register for usTLD domain names.
It shall be a continuing requirement that all usTLD domain name Registrants remain in compliance with Nexus. To implement the Nexus requirement, NeuStar will:
Information Collected From Registrants
To register a name, Registrants (through their Registrars) will be required to provide basic registration information to the Registry. The minimum required information is:
In addition to the above information, Registrants will be required to provide certain additional Nexus information to their Registrars. Except where it is noted below that a registration will be rejected if information is missing, failure of a registration to satisfy the Nexus requirement will result in the name being placed upon a 30-day hold, during which time the Registrar will be
notified and given the opportunity to correct the information with the Registrant. If no action is taken by the Registrar within the 30-day period, the registration will be cancelled and the name will be returned to “available” status. The registration fee will not be refunded. If, on the other hand, the Registrar is able to demonstrate compliance with the requirement and the information
is corrected, the hold will be released and the name will be registered.
Certification that Registrant satisfies Nexus requirement – if not completed, then
registration will be rejected;
Basis for compliance (Nexus Category 1, 2, or 3) – if not completed, then registration will
be rejected
Certification that the listed name servers are located within the United States – if not
completed, then registration will be rejected
Nexus Category 1
A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions.
Nexus Category 2
A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or (including a federal, state, or local government
of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States).
Nexus Category 3
A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories.
Category 3 Nexus Certification
Prospective Registrants will certify compliance with Category 3 Nexus based upon substantial lawful contacts with, or lawful activities in, the United States.
Factors that should be considered in determining whether an entity or organization has a bona fide presence in the United States shall include, without limitation, whether such prospective usTLD domain name Registrant:
http://www.auda.org.au/policies/auda-2012-04/
Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs (2012-04)
Policy No: 2012-04
Publication Date: 17/12/2012
Status: Current
1. BACKGROUND
1.1 This document sets out the policy rules that govern the granting of domain name licences in the open second level domains (2LDs) in the .au domain.
1.2 The policy rules are based on the Domain Name Eligibility and Allocation Policy Rules for Open Second Level Domains (2LDs) (2008-05) and include the final recommendations of auDA’s 2010 Names Policy Panel.
1.3 The policy rules set out in this document do not have retrospective effect. Domain name licences that were granted before implementation of this policy will be ‘grandfathered’ and the registrant will be entitled to renew the licence provided that there has been no change in the registrant's circumstances that affects their eligibility to hold the domain name licence. For example, if the registrant of a com.au domain name no longer holds the registered business name that they used as a basis for licensing the domain name in the first place.
2. DOMAIN NAME LICENCES
2.1 There are no proprietary rights in the domain name system (DNS). A registrant does not “own” a domain name. Instead, the registrant holds a licence to use a domain name, for a specified period of time and under certain terms and conditions.
2.2 The terms and conditions of a domain name licence are set out in:
a) this document;
b) the Mandatory Terms and Conditions Applying to .au Domain Name Licences;
c) the registration application and subsequent agreement between a registrant and registrar; and
d) any other of auDA’s Published Policies that are applicable.
2.3 There is no hierarchy of rights in the DNS. For example, a registered trade mark does not confer any better entitlement to a domain name than a registered company or business name. Domain name licences are allocated on a ‘first come, first served’ basis. Provided the relevant eligibility and allocation rules are satisfied, the first registrant whose application for a particular domain name is submitted to the registry will be permitted to license it.
3. STRUCTURE OF .AU DOMAIN
3.1 The .au domain is sub-divided into a number of 2LDs (for example, com.au, edu.au, id.au). All .au domain names are registered as third level domains (3LDs). It is not possible to register domain names as 2LDs directly under .au.
3.2 Each 2LD has a purpose. For example, com.au is for commercial entities, gov.au is for government bodies and org.au is for non-commercial organisations. The purpose of each 2LD dictates the eligibility and allocation rules applicable in that 2LD.
3.3 The 2LDs are divided into 2 categories:
a) “open 2LDs” – those 2LDs that are basically open to all users, subject to some eligibility criteria; and
b) “closed 2LDs” – those 2LDs with a defined community of interest that are closed to the general public.
3.4 Schedule A of this document sets out the eligibility and allocation rules that apply to all open 2LDs. Schedules B-F of this document set out the eligibility and allocation rules that apply to each open 2LD.
3.5 The eligibility and allocation rules that apply to closed 2LDs are determined by the relevant 2LD Manager and approved by auDA.
4. APPLICATION OF POLICY RULES
4.1 It is the responsibility of auDA to preserve the integrity of the .au domain by ensuring that the policy rules are applied correctly and enforced as necessary. auDA reserves the right to revoke any domain name licence that has been granted, or subsequently held, in breach of the relevant policy rules.
4.2 It is the responsibility of all auDA accredited registrars, in accordance with the Registrar Agreement, to apply the policy rules set out in this document. Each domain name application must be checked for compliance with the relevant policy rules by the registrar before it is submitted to the registry for inclusion in the registry database.
4.3 It is the responsibility of all registrants, in accordance with their registration application and subsequent agreement, to ensure that they comply with the policy rules set out in this document when submitting an application to register or renew a domain name in any of the open 2LDs. To that end, a registrant is required to warrant to the registrar that they comply with the rules.
4.4 auDA has published Guidelines on the Interpretation of Policy Rules for the Open 2LDs, to assist registrars, registrants and other interested parties in interpreting the policy rules outlined in this document. The guidelines contain more detail and examples of how the policy rules are applied and enforced.
5. BREACHES OF POLICY
5.1 Where auDA considers on reasonable grounds that a registrant has made a false warranty to the registrar regarding their compliance with the policy rules, or otherwise acted in bad faith in order to obtain the domain name licence, auDA reserves the right to revoke the domain name licence.
5.2 Where auDA becomes aware that a registrar has approved a domain name application through misinterpretation of the relevant policy rules, auDA may issue a policy clarification to assist registrars in the interpretation of the policy rules. Under the terms and conditions of the Registrar Agreement, auDA reserves the right to take action against a registrar where it has reasonable grounds to believe that the registrar has acted negligently or recklessly in approving a domain name application in breach of the relevant policy rules.
6. REVIEW OF POLICY
6.1 From time to time, auDA may update this document for the purposes of clarification or correction (for example, if governments introduce a new type of business or other official identifier).
6.2 auDA will not make any major changes to this document without conducting an Advisory Panel process, as described in auDA’s Constitution.
SCHEDULE A
ELIGIBILITY AND ALLOCATION RULES FOR ALL OPEN 2LDS
First come, first served
1. Domain name licences are allocated on a ‘first come, first served’ basis. It is not possible to pre-register or otherwise reserve a domain name.
Registrants must be Australian
2. Domain name licences may only be allocated to a registrant who is Australian, as defined under the eligibility and allocation rules for each 2LD.
Composition of domain names
3. Domain names must:
a) be at least two characters long;
b) contain only letters (a-z), numbers (0-9) and hyphens (-), or a combination of these;
c) start and end with a number or a letter, not a hyphen; and
d) not contain hyphens in the third and fourth position (eg. ab--cd.com.au).
Domain name licence period
4. The domain name licence period is fixed at two years. It is not possible to license a domain name for a shorter or longer period.
5. Renewal of a domain name licence at the end of the two year period is dependent on the registrant continuing to meet the eligibility and allocation rules for the relevant 2LD.
Number of domain names
6. There is no restriction on the number of domain names that may be licensed by a registrant.
auDA’s Reserved List
7. auDA’s Reserved List contains names that may not be licensed. The list is available on auDA’s website.
Prohibition on registering domain names for sole purpose of resale
8. A registrant may not register a domain name for the sole purpose of resale or transfer to another entity.
SCHEDULE B
ELIGIBILITY AND ALLOCATION RULES FOR ASN.AU
The asn.au 2LD is for non-commercial organisations.
The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.
1. To be eligible for a domain name in the asn.au 2LD, registrants must be non-commercial organisations as follows:
a) an association incorporated in any Australian State or Territory; or
b) a political party registered with the Australian Electoral Commission; or
c) a trade union or other organisation registered under the Fair Work (Registered Organisations) Act 2009; or
d) a sporting or special interest club operating in Australia; or
e) a charity operating in Australia, as defined in the registrant’s constitution or other documents of incorporation; or
f) a non-profit organisation operating in Australia, as defined in the registrant’s constitution or other documents of incorporation.
2. Domain names in the asn.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant’s name; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
SCHEDULE C
ELIGIBILITY AND ALLOCATION RULES FOR COM.AU
The com.au 2LD is for commercial purposes.
The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.
1. To be eligible for a domain name in the com.au 2LD, registrants must be:
a) an Australian registered company; or
b) trading under a registered business name in any Australian State or Territory; or
c) an Australian partnership or sole trader; or
d) a foreign company licensed to trade in Australia; or
e) an owner of an Australian Registered Trade Mark; or
f) an applicant for an Australian Registered Trade Mark; or
g) an association incorporated in any Australian State or Territory; or
h) an Australian commercial statutory body.
2. Domain names in the com.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
3. A domain name may also be registered in the com.au 2LD under paragraph 2(b) for the purpose of domain monetisation, in accordance with the explanation of “domain monetisation” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs, provided that the following conditions are met:
a) the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name; and
b) the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered*.
* Definitions:
SCHEDULE D
ELIGIBILITY AND ALLOCATION RULES FOR ID.AU
The id.au 2LD is for individuals.
The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.
1. To be eligible for a domain name in the id.au 2LD, registrants must be:
a) an Australian citizen; or
b) an Australian resident.
2. Domain names in the id.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant’s personal name; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
3. A domain name may also be registered in the id.au 2LD under paragraph 2(b) if it refers to a personal interest or hobby of the registrant, but the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered*.
* Definitions:
SCHEDULE E
ELIGIBILITY AND ALLOCATION RULES FOR NET.AU
The net.au 2LD is for commercial purposes.
The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.
1. To be eligible for a domain name in the net.au 2LD, registrants must be:
a) an Australian registered company; or
b) trading under a registered business name in any Australian State or Territory; or
c) an Australian partnership or sole trader; or
d) a foreign company licensed to trade in Australia; or
e) an owner of an Australian Registered Trade Mark; or
f) an applicant for an Australian Registered Trade Mark; or
g) an association incorporated in any Australian State or Territory; or
h) an Australian commercial statutory body.
2. Domain names in the net.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant’s name or trademark; or
b) be otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs; or
3. A domain name may also be registered in the net.au 2LD under paragraph 2(b) for the purpose of domain monetisation, in accordance with the explanation of “domain monetisation” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs, provided that the following conditions are met:
a) the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name; and
b) the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered.
* Definitions:
SCHEDULE F
ELIGIBILITY AND ALLOCATION RULES FOR ORG.AU
The org.au 2LD is for non-commercial organisations.
The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.
1. To be eligible in the org.au 2LD, registrants must be non-commercial organisations as follows:
a) an association incorporated in any Australian State or Territory; or
b) a political party registered with the Australian Electoral Commission; or
c) a trade union or other organisation registered under the Fair Work (Registered Organisations) Act 2009; or
d) a sporting or special interest club operating in Australia; or
e) a charity operating in Australia, as defined in the registrant’s constitution or other documents of incorporation; or
f) a non-profit organisation operating in Australia, as defined in the registrant’s constitution or other documents of incorporation.
2. Domain names in the org.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant’s name; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
Last Updated: 17/12/2012 10:22
http://dnc.org.nz/story/summary-list-all-nz-policies-and-procedures
For Registration Policies relating to our Registrars, please follow links here.
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Phew! Isn't it great to have got through all that official stuff. Now ...go have some fun and buy your name!
