This DOMAIN NAME REGISTRATION SERVICE AGREEMENT (“Agreement“) is made by and between Visual Marketing Australia Pty Ltd (“VMA“) and you and your heirs, agents, successors and assigns (collectively, “Customer“), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of VMA’s domain name registration services (“Services“).
Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable VMA agreements which are incorporated herein by reference.
The terms “we”, “us”, or “our” shall refer to VMA. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
VMA reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to this website (“Site“). If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services or the Site. VMA may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. VMA is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
- Generic Top Level Domain Name Registration
VMA is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN“) for generic top level domain names (“gTLDs“) such as .com, .net, .org, .info, biz, .jobs, and more and various sponsored top-level domain names (“sTLDs“). VMA may, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more (“Internationalised Domain Names” or “IDNs“). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like VMA. You acknowledge and agree that your rights to any domain names registered or renewed through VMA are subject to the policies and regulations of ICANN, the related registry and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration of renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“) or the Uniform Rapid Suspension Policy (“URS”) as well as all current and future policies related to those domain names including any WHOIS data policies.
Domain name registrations are not effective until the registry administrator (“Registry“) puts them into effect. For a list of Registries and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.
- Country Code Top Level Domain Name Registration
In additional to gTLDs, sTLDS, and IDNs, VMA also registers country code top-level domain names (“ccTLDs“). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different than those promulgated by ICANN and WHOIS data policies which also may vary from ICANN’s WHOIS policies.
Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.
When you register a ccTLD with VMA or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry’s rules, regulations, policies and procedures.
VMA may publish portions of each ccTLD Registry’s policies on the Site, or portions thereof, including information on requirements, renewal policies, redemption policies, and other information from time to time. VMA is not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.
- Premium Domain Name Registration
You acknowledge that VMA provides premium domain name registration services (“Premium Domains“) on the Site under separate agreements with 3rd parties unrelated to VMA (“3rd Party Services“). VMA acts as an intermediary for the purchase of Premium Domains and VMA is not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services.
- Domain Name Recovery & Acquisition
VMA may, from time to time, offer domain name recovery and acquisition services including, but not limited to, drop-catching, backordering, UDRP filing services, and anonymous acquisition negotiation (“Recovery Services“). You acknowledge that Recovery Services are non-refundable, at your own risk, and VMA does not guarantee the success of any Recovery Services.
- Pre-registration, Sunrise, and Landrush
In the event that VMA makes pre-registration available for a gTLD, sTLD, IDN, or ccTLD whether in a sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. VMA may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.
- No Guarantee of Registration or Renewal
No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and activates your domain name registration or renewal. Submitting your application to VMA, and VMA accepting Fees for your application, by itself does not constitute a successfully registered application or renewal.
You acknowledge that VMA can never guarantee, and is in no way responsible, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry’s WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. VMA may elect to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions with VMA contained in this Agreement or other agreements. You also acknowledge and agree that VMA is not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
- Your Obligations
You acknowledge that VMA does not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by VMA or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.
You represent to VMA that:
(i) You are at least 18 years of age and are legally capable of entering into this Agreement with VMA;
(ii) You will not violate this Agreement and will comply with all local, state, national and international laws;
(iii) You will not use the Site or the Services for any unlawful purpose.
(iv) You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
(v) You will not provide false, inaccurate, or incomplete information in your application for the Services;
(vi) You will maintain complete and accurate information with VMA at all times in relation to the Services;
(vii) You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
(viii) Your use of the Services does not result in excess use of VMA resources or overloading of VMA DNS, server or network resources;
(ix) You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
(x) You will not conduct server hacking or promote hacking, cracking, or other cybercrimes or activities;
(xi) You will not deploy software or scripts to run on VMA servers that cause overload of resources or threaten the stability of the network;
(xii) You will not disseminate or transmit SPAM email in violation of VMA’s SPAM policy;
(xiii) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material, or content that otherwise violates the intellectual property rights of others;
VMA may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with VMA. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
- Domain Name Registrant
When applying for and registering a domain name with VMA, you will be asked to designate a registrant for the domain name (“Registrant“). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from 101domian in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the Services, or obtain additional services in relation to the domain name.
The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.
If you, acting as the Account holder, are providing Registrant information on Registrant’s behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.
- Administrative Contact
When applying for and registering a domain name with VMA, you will be asked to designate an administrative contact for the domain name (“Administrative Contact“) to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.
- Trustee Services
VMA may, from time to time, offer administrative, registrant, agent, or local presence services to you (“Trustee Services“) in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee (“Trustee“) with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL, .SY). In these cases, the Site will clearly state this requirement.
By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to VMA through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.
- Private Registration
VMA may, from time to time, make available private registration services (“Private Registration Services“). Private Registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the Private Domain Registration Agreement, which is incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such Private Registration Service without notice by submitting a request in writing to VMA through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.
- IDNs, Accuracy and Functionality of non-Latin Characters
You acknowledge and agree that VMA cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more (“Internationalised Domain Names” or “IDNs“). VMA cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, VMA makes available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with VMA. VMA will in no way be liable for the use of 3rd Party Services used for translation. VMA will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force (“IETF“) rules, regulations, or technical standards that apply to IDN registrations or renewals.
- Website forwarding
VMA offers website forwarding services (“Website Forwarding“) which allow you to forward visitor traffic intended for your domain name to another destination on the internet. You acknowledge that you may not use Website Forwarding for unlawful purposes or for any purpose which violates the terms of this Agreement or any other agreement with VMA.
- Parking Pages
By default, VMA activates domain names to point to our default parking page (“Site Announcement Page“). We may modify the Site Announcement Page at any time, without prior notice and may include on the page advertisements, links to additional VMA services, or 3rd Party Services, or other pages. If you do not want your domain name pointed to our Site Announcement Page, you may change the DNS settings of your domain name at any time.
- Hosting and Email Services
VMA offers hosting and email services for domain names registered under this Agreement which give you the ability to publish a website on your domain name and/or use its email systems for sending and receiving email messages. By ordering Hosting or Email Services, you agree to be bound by the terms of the Unified Hosting Agreement and/or the Unified Email Services Agreement, which are incorporated herein and made part of this Agreement by reference.
- SSL Certificates
VMA offers SSL Certificates which are secure socket layer certificates for use with your domain name. These SSL Certificates are issued by 3rd Parties and are considered 3rd Party Services under your agreements with VMA. VMA is not a Certificate Authority with respect to SSL Certificates. By ordering SSL Certificates through VMA, you agree to be bound by the terms of the SSL Certificate Service Agreement, which are incorporated herein and made part of this Agreement by reference.
You are able to transfer domain names to or from VMA according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which VMA adheres to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that VMA is required to follow for all TLDs under ICANN sponsorship here:
In order to determine who the sponsoring registrar currently is for your domain name, please visit:http://www.internic.net/whois.html
In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.
If you purchased Trustee Services or Private Registration Services from VMA when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee’s information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.
You acknowledge that when cancelling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.
In no event, shall VMA be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the Fees for the Service remain unpaid or are in dispute, or any other reason outlined in ICANN or the Registry’s transfer policies.
All Services under this Agreement are provided on a pre-paid or advanced basis.
The fees imposed by VMA under this Agreement are subject to change at any time, without notice, at the sole discretion of VMA. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.
All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons, regardless of whether the domain name is suspended, terminated, cancelled, or transferred:
(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry’s policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;
(b) Requirements to register the domain name imposed by the Registry or VMA are not able to be met by you; or
(c) the TLD in which the domain name belongs has been discontinued, restricted due to OFAC or other government regulations or is no longer offered by VMA.
VMA reserves the right to charge a processing fee or setup fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or VMA which cause your application to be incomplete or rejected.
Additionally, VMA reserves the right to charge processing fees for modifications (“Modification Fees“) to your domain name, including, but not limited to, DNS changes, Contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs, sTLDs, and IDNs under ICANN sponsorship. Modification Fees are common in relation to many ccTLDs and VMA will confirm the amount of the Modification Fees with you prior to making any modifications
- Renewal and Expiration of Services
You acknowledge that, even though VMA may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.
With respect to domain name registration services, VMA will send at least two expiration notices to the primary email address of the Account holder and the Registrant email address on record prior to expiration beginning 60 days in advance of expiration. In addition, if the domain name expires, VMA will send a final expiration notice within five (5) days after expiration.
If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from VMA in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by VMA regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry’s respective policy.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
VMA is not liable for your failure to pay the Renewal Fees prior to the due date specified by VMA.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry’s database, you acknowledge that VMA may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.
Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 44 days after the expiration of the term of your domain name, you acknowledge that VMA may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that VMA may, but is not obligated to, offer this process, called the Renewal Period (“RP“). You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time.
After the RP, you acknowledge that:
all gTLD registries, with the exception of sponsored gTLD registries, must provide a 30 day Redemption Grace Period (“RGP“) immediately following the RP during which you may pay VMA a redemption fee to redeem and renew your domain name. The RGP fee charged by VMA is $197 plus any applicable registration or renewal fees. You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay this fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry’s policies and procedures. In any case, VMA may or may not provide access to these processes, at its sole and absolute discretion. In any case, the fee charged by VMA is $197 plus any applicable registration or renewal fees for all ccTLDs paid after the due date if any Redemption Period, Redemption Grace Period, reactivation or restoration process is available from the ccTLD Registry.
You acknowledge that, even though VMA may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with VMA. VMA is in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.
- Dispute Policies
As a condition to entering into this Agreement with VMA, you must agree to the Registry’s policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.
By entering into this Agreement by submitting an application to us for any TLD under ICANN’s sponsorship, you agree to be bound by the terms of ICANN’s UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.
- Up to Date Information and its Use
You agree to provide current, complete, and accurate information about you, both with respect to your account information with VMA (“Account“) and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of any change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.
You further agree that VMA shall publish a public WHOIS database, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. Our WHOIS database (https://www.visualmarketing.com.au/billing/domainchecker.php) may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; VMA’s public WHOIS database does not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.
You agree that your wilful submission of inaccurate or unreliable information, your failure to update your information within seven (7) days or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.
You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.
- Ownership of Information and Data
You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our databases, and all information and derivative works generated from the databases.
In regards to the Services, you agree and acknowledge that VMA and each respective Registry who provide the Services, owns the following information for those Services: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
- Term and Termination
This Agreement shall commence on the first day that Services are paid and applied for and shall remain in force continuously and uninterrupted so long as your Services are active.
You may terminate this Agreement at any time without written notice. To terminate this Agreement, you must contact support and request termination. Upon termination, VMA shall terminate the Services. You acknowledge that VMA is required to retain certain records and information related to your Services according to local, state, country and international laws and will archive the information only as it is legally required to do so for this limited purpose.
VMA reserves the right to stop offering registration or renewal Services for any gTLD, sTLD, IDN, or ccTLD offered under this Agreement at any time. In such case that VMA stops offering the Services, you shall have the right to transfer the domain name to another registrar if this option is available. VMA shall not be liable in any way for its decision to stop offering the registration and renewal Services.
You agree that your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including cancellation and deletion of the domain name, under this Agreement.
- Additional Rights
VMA expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify the Services provided under this Agreement, including cancellation and deletion of the domain name, or any other agreement with VMA for any reason, at its sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and VMA’s systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; or (vii) to avoid any civil or criminal liability.
You agree to release, defend, indemnify and hold harmless VMA, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, the Services provided hereunder by VMA, the Site or your account manager, your Account with VMA, your use of the Services, and/or disputes arising in connection with the Services.
If we are sued or threatened with legal action in connection with Services provided to you under this Agreement, you agree to release, defend, indemnify and hold harmless VMA and under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter. Such deposit will be held in trust with a licensed attorney and will be drawn down as expenses are incurred, with all account notices sent to the primary contact information provided in your Account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to deposit such funds. We will return any unused deposit upon the later of one year from deposit or the legal conclusion of the matter.
You further agree to indemnify, defend, and hold harmless applicable Registry operators (including, but not limited to, VeriSign Inc., Neustar, Inc., Public Interest Registry, Afilias Limited, Cocca, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages, and reasonable legal fees and expenses) arising out of, or related to, the Services you are obtaining from us.
- Warranty Disclaimer
VMA, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO, AND USE OF, VMA’S SERVICES AND ITS SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY VMA, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- Limitations of Liability
YOU AGREE THAT VMA WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT VMA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without the prior written consent of VMA. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
VMA reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. VMA may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. VMA is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or WHOIS information you have provided.
- Contact Information
If you have any questions or concerns about anything found in this Agreement or other agreements with VMA, please contact us by regular mail, courier, or email to the following address:
Domain Support/Customer Service:
Visual Marketing Australia Pty Ltd
PO Box 564 Sanctuary Cove
1300 158 708
enquiries (at) visualmarketing.com.au
- Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of Queensland Australia without regard to conflict of laws and principles contained therein with the exception of disputes related to this Domain Name Registration Agreement which fall under UDRP, URS or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.
Last Revised: February 19th 2015