Domain Registration Agreement

Domain Registration Agreement | Dispute Policy | Registrar Terms | Privacy Policy


This Domain Registration Agreement between Pty Ltd. (hereinafter referred to as "") AND you (hereinafter referred to as "Registrant"), of the Domain Name that you have registered or transferred to ( and the Registrant may be referred to individually as a "Party" and collectively as the "Parties").


WHEREAS provides various Products and Services;

AND WHEREAS the Registrant wishes to purchase Products and Services

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, and the Registrant, intending to be legally bound, hereby agree as follows:


"" has meaning as per Section 1.
"Agreement" refers to this Domain Registration Agreement along with all its appendices, extensions and amendments at any given point in time.
"Customer" refers the Registrant of Domain Name Services registered with
"Domain Name" refers to a unique website address registered with
"Product and Services" refers to the Products or Services which it has offered/provided/sold, or is offering/providing/selling.
"Registrant" refers to any Customer that has used to register a Domain Name.


The Customer shall comply with all terms or conditions established by and/or its Service Providers from time to time.

The Registrant agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Registrant in the Database.

The Registrant acknowledges that all information of the Registrant in the Database, including authentication information is accessible to and its Third Party Service Providers.


The Registrar Service relies on many Service Providers, including but not limited to: Verisign, Neustar, PIR, Afilias, Nominet and others. We can not accept liability for any cases of website functions, data skews and/or quality levels, or any other website issues that are due to third party faults.

We also warrant that will not violate any third party contractual obligations in relation to service providers.

6. RIGHTS OF ABOVE.COM AND SERVICE PROVIDERS may change any information, including Authentication Information of the Registrant upon receiving authorization from the Registrant in any form as maybe prescribed by from time to time. may provide/send any information, about the Customer, including Authentication information to (i) the Customer Contact Details, (ii) any authorised representative, agent, employee of the Customer upon receiving authorization in any form as maybe prescribed by from time to time and (iii) to the Service Providers. in its own discretion can at any point of time temporarily or permanently cease to sell Products and Services. reserves the right to change pricing, minimum order levels, and discounts of any Products and Services, at any time. in its sole discretion, without notice, expressly reserve the right to modify, upgrade, cancel, suspend the Products and Services offered/provided/sold on the Website.

7. PRICING / FEES / RENEWALS / REFUNDS / TRANSFERS will charge a non-refundable fee for Domain Registration Services unless stated otherwise. The applicable fees will be displayed on the website and during the Ordering Process. reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.

During the 30 days notice period, existing customers have the ability and right to cancel or unsubscribe Services before the new pricing is set. offers an optional automatic renew billing service, where ongoing Domain Name Registration Services are provided in exchange for yearly fees. You have the ability to unsubscribe or cancel Registrar Services provided at anytime. Cancellations need to be made at least 2 day before the current subscription expiry date to avoid renewal charges. agrees to refund within thirty (30) days from receipt of a refund request from Customer, of any positive balances, prepaid and unused, less direct Bank fees associated with making such refund payments. Refunds will be made in the same manner as payments were received by Customer and if possible in the same currency. will not be responsible for any differences in the reimbursement amount due to Fluctuation in International Currency rates. uses spot rates as set by the Banking institution used at the time. will credit all payments received to the Customers Account after deducting all bank charges, processing charges and any other finance charges incurred in the process of receiving payment from Customer.

In the event that the Customer charges back a payment made via Credit Card or the payment instrument sent by the Customer bounces due to Lack of Funds or any other Reason, then (i) may immediately suspend customers access to their account, (ii) has the right to terminate this agreement with immediate effect and without any notice, or (iii) may if a replacement payment has not been received within fourteen 14 days, in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed by the Customer, as well as stop / suspend / delete / transfer any Orders currently being processed.

Registrant acknowledges that it is the Customer's responsibility to keep records and maintain reminders regarding the expiry of any Domain Name. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Domain Names, via an email message sent to the contact information associated within the Customer account management section of the website. These emails are sent weekly for all domains expiring within 60 days. Should renewal fees go unpaid for a Domain Name, the Domain Name will expire. The ccTLDs .at, .pl, .de and .nl cannot be renewed explicitly and must have Autorenew or Renew Once enabled or the domains will be removed from the registrar 2 days prior to the expiration date at which point domains may only be renewed from the respective registry. Information on how to renew a domain can be found in the FAQ section.

Registrant acknowledges that after expiration of the term of a Domain Name, Registrant has no rights on such Domain Name, or any information associated with such Domain Name and that ownership of such Domain Name now passes on to may make any modifications to said Domain Name or any information associated with said Domain Name. may choose to monetize such Domain Names in any fashion at their sole discretion. may choose to delete said Domain Name at anytime after expiry upon their sole discretion. may choose to transfer the ownership of the Domain Name to any third party in their sole discretion. Registrant acknowledges that shall not liable to Registrant or any third party for any action performed under this clause. at its sole discretion may allow the renewal of the Domain Name after expiry, and such renewal term will start as on the date of expiry of the Domain Name, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Domain Name may not result in exact reinstatement of the Domain Name in the same form as it was prior to expiry. makes no guarantees about the number of days, after deletion of an Domain Name, after which the same Domain Name will once again become available for purchase. allows transfer out of a domain at no fee. Customers are able to transfer a domain out using our self-service system (see FAQ "Transfer" section). Note that some registries enforce a 60 day lock after registration or transfer of a domain, however this is out of's control.


General & Pricing's WHOIS Privacy Service ("Privacy Service") is a service privided at no cost to Registrar clients. reserves the right to make pricing change for this service without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. During the 30 days notice period, existing customers have the ability and right to cancel or unsubscribe Services before the new pricing is set.

A list of TLDs supporting our privacy service and domain pricing can be obtained here:'s Privacy Service consists of the display of alternate contact information in the public WHOIS database for the applicable domain name registration and provides for certain types of communication to be forwarded by us to you, the domain registrant. When you subscribe to the Privacy Service, you authorize Pty Ltd, to display alternate contact information in the public WHOIS database for the applicable domain name registration.

You remain in full and complete control of your domain name and retain the right to sell, transfer, convey, or assign your domain name registration, control the use of your domain name registration, and renew, cancel, or terminate your domain name registration. You also remain fully responsible for your domain name and remain liable under any disputes arising from your use of your domain name or your domain name registration. The purpose of the Privacy Service is to shield your personal information from the general public to prevent unwanted or unsolicited communications and other inquiries. The purpose of the Privacy Service is NOT to assist you in avoiding responsibility should your domain name registration infringe any third party's legal rights or in engaging or seeking to engage in any act or activities that are prohibited by law or this Agreement.

WHOIS Record Information

The following information will be provided in the WHOIS database for each domain name registration subject to the Privacy Service, and you hereby agree that such information be provided:

  1. The name and postal address in the registrant, administrative contact, billing contact, and technical contact will be that of Pty Ltd;
  2. The e-mail address, telephone number, and facsimile number in each of the administrative contact, billing contact, and technical contact will be that of Pty Ltd; and
You hereby acknowledge that your use of the Privacy Service may prevent Pty Ltd from archiving or escrowing your WHOIS data with third parties.

Communications Forwarding

By subscribing to the Privacy Service, you authorize and direct Pty Ltd to process communications directed to you at the contact information displayed in the public WHOIS database as follows:
  1. E-Mail Address. Messages received at the e-mail address posted in the public WHOIS database will be forwarded to the domain contact email address provided in your Domain Registrar account. This forwarding address is not filtered in any way, so we suggest a level of spam email filtering at the destination email address.
  2. Postal Address. You hereby authorize Pty Ltd to receive, sort, open, and destroy any and all mail sent to the address posted in the public WHOIS database at its sole discretion. Pty Ltd may in its sole discretion destroy all third class and "junk" mail upon receipt and will either discard all such other communications received or return the same to the sender unopened. No postal mail will be forwarded to you.
  3. Phone/Fax. The telephone and fax numbers posted in the public WHOIS database of the applicable domain name are answered and monitored by Pty Ltd. Third parties attempting to contact you using either of these means are informed that the domain name owner does not wish to receive communication in this manner and prefers e-mail. No messages or faxes will be forwarded to you.
You acknowledge and agree that in responding to communications received by Pty Ltd that constitute complaints with respect to any domain name registration which utilizes the Privacy Services, maycommunicate with the complainant and inform them that is not the true registrant of the domain name in question, that will forward a copy of the complaint or other communication to you and that if you do not respond within a certain period of time, your lack of response may constitute grounds for cancellation of the Privacy Service with respect to such domain name registration. may then, in its sole discretion, attach your default WHOIS information to the applicable domain name and display it on the public WHOIS database.

You acknowledge and agree that may decline to offer the Privacy Service on certain TLDs in order to comply with regulations specific to that TLD. You further agree that may terminate an existing Privacy Service subscription if it, in its sole discretion, determines that termination is necessary in order to comply with regulations specific to a TLD.

You hereby waive any and all claims arising from your failure to receive any type of communications — whether by e-mail or postal mail — directed to the domain name contact information posted in the public WHOIS database, but not forwarded to you by Pty Ltd. You hereby acknowledge that it is your sole obligation to respond to any and all legal inquiries or challenges made with respect to any of your domain names that utilize the Privacy Services. You hereby agree that Pty Ltd is not responsible for any loss or liability resulting from, any claim arising out of, or related to, a domain name that utilizes the Privacy Service by or before any judicial, administrative, or governmental body.


Domain name registrants using Privacy can be contacted via the WHOIS contact email address. All disputes, domain sales inquires and any other communications directed to the domain registrant should be sent via email. Postal mail, facsimiles and telephone calls are not forwarded to the domain registrant. Any emails sent to the WHOIS Privacy Service email address, eg. <domain> will be forwarded to the domain contact email as provided to us. WHOIS lookups can be performed at this link:

Our disputes policy and additional information can be obtained at this link:

Disclosure of Contact Data; Right to Terminate the Privacy Service

You acknowledge and agree that Pty Ltd has the absolute right, as it deems necessary in its sole discretion, to reveal to third parties, including to any UDRP or other official dispute arbitration provider, the Contact Data provided by you to Pty Ltd in connection with the applicable domain name and to suspend, cancel or terminate the Privacy Service if we reasonably perceive that:
  1. The domain name violates or infringes a third party's trademark, trade name, or other legal rights or that you are utilizing the domain name to engage in activities prohibited by this Agreement;
  2. The action is necessary to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, including UDRP and official dispute arbitration providers, subpoenas, court orders, requests of law enforcement or government agencies; or
  3. Any third party threatens legal action against Pty Ltd, or any of their affiliates that is related in any way to the domain name, or who claims that you are using the domain name registration in a manner that violates any law, rule or regulation, including the terms of this Agreement, or is otherwise infringing a third party's legal rights.
You acknowledge and agree that Pty Ltd may reveal the Contact Data as provided above without prior notice to you or to Pty Ltd, and that it will not be liable for any damages or loss that may result from such disclosure.


In accordance with your obligations to indemnify Pty Ltd, you hereby agree to release, indemnify, defend, and hold harmless Pty Ltd, from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys' fees and expenses, of third parties, relating to or arising out of your domain name registration or your use of the Privacy Services, including without limitation (i) infringement of or dilution by you, or someone else using our Privacy Services from your computer or on your behalf, of any intellectual property or other proprietary right of any person or entity; (ii) your failure to perform any of your obligations to us or others relating to the Privacy Services; or (iii) a violation of the terms of this Agreement or of policies and procedures incorporated herein. If we are threatened with lawsuit or are sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this Agreement providing us any and all remedies provided herein, including without limitation suspension or termination of your account with us and confiscation of your domain names


Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.
Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.


Domain Name Disputes will be subject to the Domain Dispute Policy as published on the website:


Above clients are encouraged to check in advance the various Naming Policies and Registration Restriction Policies as set by each respective domain registry before registering a domain name.

Additionally, ICANN has provided a Registrant Educational Information webpage which summarizes Registrant Rights and Responsibilities under the Registrar Accreditation Agreement (RAA) between ICANN and Pty Ltd:

  1. For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
  2. For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder further agrees that if it collects or maintains sensitive health and financial data that it will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
  1. For .AU domains, we are a reseller of YEXA.COM.AU PTY LTD (ABN) 84137606172. Note: and are both wholly owned by Trellian Pty Limited (ABN) 55098223048.


Governing Law - This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. will comply with all applicable laws under this jurisdiction.

Severability - If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms - The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Changes and Modifications - reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.

Service Levels and Access - We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability.

Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid user account.

Automated solutions, including tools, software applications and online systems used to access user accounts can only be used with permission. Please contact us to obtain permission.

We reserve the right to (i) refuse the provision of Registrar Services to any user, (ii) cancel user accounts and (iii) cancel, change and modify Registrar Services offered to users.


If for any reason we are held liable, liability is limited to the amount paid by the Registrant for applicable products and services concerned.

Release and Indemnification - customers releases and forever discharges and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above services. Confidentiality - Each party will treat all information received or gained from the other party in confidence. Only by way of mutual agreement between the parties can information about any aspect of the agreements, pricing, relationships, products, services, plans or details of the other party's business be divulged to a third party. Information shall not be deemed confidential for the purposes of this Agreement that (i) is already known to the non-disclosing party at the time of disclosure; (ii) is or becomes publicly known through no wrongful act of the non-disclosing party, including by public announcement by the disclosing party; (iii) is received from a third party without similar restrictions and without breach of this Agreement; (iv) is independently developed by the non-disclosing party; or (v) is lawfully required to be disclosed by any governmental agency or otherwise required to be disclosed by law. customers that register any domain extention that is governed by Verisign Inc. including but not limited to .com & .net, also agrees to release, indemnify, defend and hold harmless Verisign Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

Notices - Notices shall be in the form an email, system message alerts or as a post on the forum/blog.

By opening an account you agree to receive emails from and related entities. You have the ability to unsubscribe at anytime.

Taxes - The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and Products and Services.
Force Majeure - Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Right to Substitute Updated Agreement - During the period of this Agreement, the Registrant agrees that may (i) revise the terms and conditions of this Agreement; and (ii) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revision in the website. The Customer agrees to review the website, including the agreements, periodically, to be aware of any such revisions. If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section 8 of this Agreement. The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes.

Registrant - Registrant Transfer - may transfer the Domain Name of the Registrant to another Person, Organization or any other Legal entity under the following circumstances: (i) Authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by from time to time; or (ii) on receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body.


Headings - The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.