1 Introduction & Definitions

Welcome to the Register-a-Domain.com.au website (this "Site") which is owned and operated by Websites Victoria.

These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site, but does not cover Services individually supplied by resellers.

In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to "we", "us", "our", and so on shall refer to and its number of trading names (including, in particular, ) except where explicitly specified as otherwise.

In these terms, references to "you", "customer", "user", "your" and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.

In these terms, references to "Services" include any product, license, package or account offered by us.

In these terms, references to "Days" shall refer to calendar days, unless specified otherwise.

In these terms, references to "Spam" shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet.

In these terms, references to "Supplier" or "Registry Operator" shall refer to any third party which provides a product/service which we resell/offer to you.

2 Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations;
• Respect the conventions of the newsgroups, lists and networks that you use;
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
• Respect the privacy of others;
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
• Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
• Ensure your use of our Services remains ethical and in accordance with accepted community standards.

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

• Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
• Illegally store, use or distribute software;
• Transmit threatening, obscene or offensive materials;
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
• Misrepresent or defame others;
• Commit fraud;
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
• Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
• Make an unauthorised transmission of confidential information or material protected by trade secrets;
• "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
• Post or transmit defamatory, harassing, abusive or threatening language;
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitate a violation of this clause and the relevant Acceptable Use Policy;
• Perform any other action through utilization of any service which we deem unsatisfactory;
• Run Proxy or any proxy related services; or
• Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.

You also agree not to attempt any of the following:

• Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc;
• Use more than 512MB of RAM;
• Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes;
• Use more than 1MB/s of disk IO;
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed;
• Run stand-alone, unattended/automated server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
• Run any software that interfaces with an IRC (Internet Relay Chat) network;
• Run any gaming servers/services;
• Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository;
• Store more than 1 full backup of your web space at any time. The oldest backup file/s will be automatically deleted from our servers after 1 month of creation if your account exceeds this limit. Only backups created using the hosting manager are acceptable, all other backup files will be deleted;
• Execute any script for longer than 180 seconds;
• Execute any database query that takes longer than 30 seconds to complete;
• Create or maintain in excess of 1,000 tables per database;
• Create or maintain in excess of 1GB of storage per database;
• Any activity which causes the server to crash / restart;
• Check their email more than every 3 minutes; or
• Enable error logging/debugging for more than 15 minutes at a time, create more than 500 debug/log files per day or use more than 1GB of disk space for debug/log files

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

3 Liability & indemnity

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

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

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:

• Loss of business, contracts, profits or anticipated savings;
• Other indirect or consequential or economic loss whatsoever;
• Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
• Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
• Negligence, misconduct, or breach of this agreement by you;
• Incomplete, inadequate or otherwise problematic use of any Services by you;
• Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
• Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
• Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
• Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, 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 either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

5 Payment

You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.

6 Payment Chargebacks

You irrevocably agree that:

• You cannot seek to reverse a payment (chargeback) in your favour.
• We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.
• We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.
• We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and
• You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.

7 General privacy policy

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

• You provide us with all information marked as compulsory on the relevant application forms
• You warrant that all information provided to us is complete, accurate and up to date at all times

Click here to view Privacy Policy

8 Notification

You irrevocably agree that we may provide notification or communication by:

• Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us;
• Faxing to or calling the most recent number supplied to us;
• Ordinary mail/hand delivery to the most recent postal address supplied to us; or
• Any other method permitted by law.

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

• If it (or hyperlink to it) is emailed: one hour after it leaves our mail server;
• If it is faxed: when issued successful delivery record from the machine;
• If it is mailed: at 10AM on the second business day after posting it;
• If it is hand delivered: at the time of delivery; or

In any other method: at the time by which it would have been delivered as per the normal course of the given method.

9 Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; or at the request of any law enforcement agency; or pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

10 Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. We will endeavour to provide notice to you of any such amendments that affect this Agreement and you, by email to the most recent electronic contact address supplied to us Account, or in whatever way we deem most effective. Such amendments shall be effective at the time specified in the notice or if no such time is indicated or otherwise, immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by any such changes or amendments, or this Agreement last revised, discontinue use of the Site and Service thereof.

Please refer to the latest revised version of this Agreement posted on our Site prior to the renewal of any services, and prior to purchasing, registering, applying for, or subscribing to any new Services offered by Us. The latest revised version will apply to any Services at the date of the renewal, or to any new services at the date of the application, registration, purchase, or transfer, whichever is earliest. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof, do not proceed with renewal of any existing Services, and/or do not take out any new Services, whichever is appropriate.

11 Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.

12 Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this greement.

13 Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

Refunds

We offer refunds under the following circumstances:

• The hosting package purchased doesn’t meet the customers’ requirements and Register a Domain is notified within 48 hours of the order.

How to submit a refund request:

• Click on “Refund Request” link in your confirmation of purchase email:
• You will then receive an auto-response email that includes a Case ID. You can use this to follow up on the case if you do not receive a response within seven days.
• If you are trying to reverse a domain name registered in error, we advise you to click the email link ASAP. This will enable us to process any domain name reversals immediately, and will increase your chances of obtaining a refund. We can NOT guarantee refunds on domain purchases.