com.au and net.au

ELIGIBILITY AND ALLOCATION RULES FOR COM.AU AND NET.AU

The com.au and 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 com.au and 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;

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 [Note 1]; 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 and net.au 2LD must be an:

a) exactly match, acronym or abbreviation of the registrant's company, business, trading, association or statutory body name; or

b) be otherwise closely and substantially connected to the registrant, because the domain name refers to:

(i) a product that the registrant manufactures or sells; or

(ii) a service that the registrant provides; or

(iii) an event that the registrant organises or sponsors; or

(iv) an activity that the registrant facilitates, teaches or trains; or

(v) a venue that the registrant operates; or

(vi) a profession that the registrant's employees practise.

Notes:
[1] Registrants should be aware that if the application for an Australian Registered Trade Mark has not been accepted by the time of the domain name licence renewal date, the domain name licence will not be renewed unless the registrant is able to demonstrate eligibility against one of the other listed criteria.

Please note that Local Contact Service is not available in Australia.

Service Level Agreement - 15 AUGUST 2006

Processing time: - Australian Domain names - turnaround time We endeavour to process all Australian Domain Name applications within 2 business days of receipt.

If your attempt to transfer your domain name to us fails for any reason, you will be fully refunded.

Ownership: You are the registered legal owner of the licence of the domains you buy - not us. This means that you have full control over your domain names and the domain names are yours to use as you wish. Although our service agreement states that they may not be used to Spam other users or engage in unlawful behavior.

No advertising: We will never put adverts or pop-up windows on your websites. Some competitors place unsightly advertisements for their company all over your website.

Efficient Complaints Handling: Safenames strives to provide the highest levels of customer support and customer service at all times. Should you become dissatisfied with any aspect of our service you are strongly encouraged to make use of our complaints handling procedure.

Privacy Policy: We will not pass or sell your private information to anyone else and it is stored securely. Our ordering process links securely with Optimal Payments which means that your credit card details are not stored in any form.

Up Time: We aim for 99.9% uptime We promise to aim at 100% uptime for your website in everything that we do. We constantly invest, where possible, into new equipment and innovations to ensure the smooth running of your domain name, website and other value added services.

Although we always aim for 99.9% server uptime, Safenames shall not be held liable for any loss or incidental or consequential damage you may incur arising out of or in connection with server downtime or human or software errors and mistakes.

Mandatory Terms and Conditions Applying to .au Domain Name Licences (2008-07)

PDF version

Policy No: 2008-07
Publication Date: 30/05/2008
Status: Current

1. BACKGROUND

1.1 This document sets out the mandatory terms and conditions that apply to all domain name licences in the open .au second level domains (2LDs). At the time of publication, the open 2LDs are asn.au, com.au, id.au, net.au and org.au.

1.2 This document is incorporated by reference (as an auDA Published Policy) in the Registrant Agreement between the registrant and the registrar, and has effect as if it formed part of the Registrant Agreement.

2. MANDATORY PROVISIONS

2.1 The mandatory terms and conditions are set out in Schedule A.

2.2 In the event that these mandatory terms and conditions are inconsistent with provisions in the Registrant Agreement, then to the extent of such inconsistency, these mandatory terms and conditions prevail.

3. CHANGES TO MANDATORY TERMS AND CONDITIONS

3.1 From time to time, auDA may update this document for the purposes of clarification or correction.

SCHEDULE A

MANDATORY TERMS AND CONDITIONS

1. REGISTRANT WARRANTIES

The registrant makes, and is taken to make, the following warranties to the registrar and to auDA, when applying to register or renew the registration of a domain name:

1.1 all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;

1.2 the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA Published Policies for the domain name for the duration of the domain name licence;

1.3 the registrant has not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;

1.4 the registrant is aware that even if the domain name is accepted for registration, the registrant’s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and

1.5 the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

2. CONSENT TO USE REGISTRANT INFORMATION

The registrant grants to:

2.1 auDA – the right to publicly disclose to third parties, all information relating to the registered domain name in accordance with auDA Published Policies;

2.2 the registrar – the right to disclose to the registry operator, all information which are reasonably required by the registry operator in order to register the domain name in the registry database; and

2.3 the registry operator – the right to publicly disclose to third parties, all information relating to the registered domain name to enable the registry operator to maintain a public WHOIS service,

provided that such disclosure is consistent with:

2.4 the National Privacy Principles; and

2.5 auDA Published Policies.

3. REGISTRANT DATA

3.1 Throughout the term of the domain name licence, the registrant must give notice to the registry operator, through the registrar, of any change to any information in the registrant data relating to the domain name.

3.2 The registrant accepts that its failure to comply with this requirement may lead to the cancellation of the domain name licence.

4. RENEWAL OF DOMAIN NAME LICENCE

4.1 The registrant may apply to renew the domain name licence when the licence period expires, provided that it:

4.1.1 pays the applicable renewal fees; and

4.1.2 continues to meet the eligibility criteria prescribed in the auDA Published Policies.

4.2 The registrant accepts that it has the responsibility for ensuring that the domain name licence is renewed before the expiry date.

5. auDA PUBLISHED POLICIES

The registrant must comply with all auDA Published Policies. In the event of any inconsistency between any auDA Published Policy and the Registrant Agreement (with its registrar), then the auDA Published Policy will prevail to the extent of such inconsistency.

6. REVOCATION OF LICENCE

auDA may, at its discretion, cancel the registration of a .au domain name, or revoke a licence to use a .au domain name:

6.1 if the registrant breaches any auDA Published Policy; or

6.2 in order to comply with a request of a law enforcement agency, or an order of a court, or under any applicable law, government rule or requirement, or under any dispute resolution process; or

6.3 to protect the integrity and stability of the domain name system or the .au registry.

7. LIMITATION OF LIABILITIES AND INDEMNITY

7.1 To the fullest extent permitted by law, auDA will not be liable to the registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.

7.2 The registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, the registrant’s registration or use of its .au domain name.

7.3 Nothing in this document is intended to exclude the operation of the Trade Practices Act 1974.

8. OUR AGENCY

8.1 We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.



Last Updated: 30/05/2008 11:40

.au Dispute Resolution Policy (auDRP) (2010-05)

PDF version

Policy No: 2010-05
Publication Date: 13/08/2010
Status: Current

1. BACKGROUND

1.1 This document sets out the .au Dispute Resolution Policy (auDRP) first adopted by the auDA Board on 13 August 2001, on the recommendation of auDA's Dispute Resolution Working Group. The auDRP and auDRP Rules are at Schedules A and B of this document.

1.2 The purpose of the auDRP is to provide a cheaper, speedier alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights in the domain name.

1.3 The auDRP is an adaptation of the Uniform Dispute Resolution Policy (UDRP) administered by the Internet Corporation for Assigned Names and Numbers (ICANN) with respect to the global Top Level Domains (gTLDs). The auDRP differs from the UDRP in two main respects:
a) to take account of the policy rules that apply to .au domain names, that do not apply to gTLD domain names; and
b) to address practical constraints that have become apparent since arbitrations under the UDRP began in 1999.

1.4 Please Note: Some parts of the auDRP are substantively different from the UDRP. Prospective complainants should not assume that principles derived from UDRP decisions will be applicable to auDRP disputes. For an explanation of the differences between the auDRP and the UDRP, see the report of the Dispute Resolution Working Group at http://www.auda.org.au/policy/audrp.

2. APPLICATION OF THE auDRP

2.1 All domain name licences issued or renewed in the open 2LDs from 1 August 2002 are subject to a mandatory administrative proceeding under the auDRP. At the time of publication, the open 2LDs are asn.au, com.au, id.au, net.au and org.au.

2.2 The auDRP does not apply to all types of domain name disputes. It only applies to disputes which meet the requirements set out in Paragraph 4(a) of the auDRP at Schedule A of this document.

2.3 The auDRP is an alternative dispute resolution mechanism. Complainants are not obliged to use the auDRP but may instead choose to pursue other means of resolving their dispute, such as litigation. Commencement of an administrative proceeding under the auDRP does not prevent either party from initiating legal proceedings at any time.

3. auDA APPROVED PROVIDERS

3.1 Each auDRP proceeding is administered by an independent, auDA-approved provider of dispute resolution services. A list of approved providers is available on auDA's website at http://www.auda.org.au/policy/audrp. Each provider must publish on its website a list of its panelists and its supplemental rules.

3.2 Each provider is wholly responsible for the appointment of its panelists according to its own accreditation procedures. Individual panelists are not approved or accredited by auDA, and auDA does not manage or supervise their activities in any way. Any queries or complaints about a panelist should be directed to the relevant provider in the first instance.

4. HOW TO FILE A COMPLAINT UNDER THE auDRP - SUMMARY OF REQUIREMENTS

4.1 To determine whether a complaint can be lodged in respect of a particular domain name, the complainant may apply to auDA (using the form on the auDA website at http://www.auda.org.au/policy/audrp) to find out the creation date of the domain name.

4.2 The complainant should ensure that they have read the entire auDRP and auDRP Rules at Schedules A and B of this document before filing their complaint. The complaint may be filed with any of the approved providers listed on auDA's website at http://www.auda.org.au/policy/audrp. The complaint must meet the requirements set out in Paragraph 3 of the auDRP Rules in Schedule B of this document, as well as any requirements detailed in the provider's supplemental rules (available from the provider's website).

4.3 The fee to be paid by the complainant to the provider under Paragraph 19 of the auDRP Rules in Schedule B of this document is:

a) AUD$2,000, in the case of a single member panel; and

b) AUD$4,500 in the case of a three member panel.

5. HOW TO FILE A RESPONSE UNDER THE auDRP - SUMMARY OF REQUIREMENTS

5.1 The respondent will receive notice of the complaint from the provider chosen by the complainant. The respondent may file a response no later than 20 days after they are notified of the complaint.

5.2 The respondent should ensure that they have read the entire auDRP and Rules at Schedules A and B of this document before filing a response. The response must meet the requirements set out in Paragraph 5 of the auDRP Rules in Schedule B of this document, as well as any requirements detailed in the provider's supplemental rules (available from the provider's website).

5.3 The respondent is not obliged to file a response. If no response is received, unless there are exceptional circumstances, the panel shall decide the dispute based on the information provided in the complaint.

5.4 There are no fees payable by the respondent unless they elect to have the dispute heard by a three member panel, in which case they must pay half the costs.

6. REMEDIES AVAILABLE TO COMPLAINANT

6.1 A complainant may seek to have the domain name licence:

a) cancelled, in which case the domain name will become available for registration in the normal way; or

b) transferred to themselves, but only if the registrar determines that they are eligible to hold the domain name under the relevant policy rules.

7. ENFORCEMENT OF auDRP DECISIONS

7.1 Panel decisions under the auDRP are binding on both parties. There is no appeals process.

7.2 If the unsuccessful party is not satisfied with the decision handed down by the panelist, they may decide to initiate legal proceedings against the other party. If the Panel decides that the domain name should be transferred or cancelled, the registrar is required to wait 10 business days before implementing the decision to allow for legal proceedings to be commenced.

7.3 If the unsuccessful party is not satisfied with the way in which the proceeding was administered by the provider, they should raise their concerns directly with the provider in the first instance. auDA may intervene in the administration of a proceeding in cases where there has been a clear and substantive procedural flaw.

8. PUBLICATION OF auDRP PROCEEDINGS AND DECISIONS

8.1 auDA will maintain a public index of all auDRP proceedings and panel decisions on the auDA website at http://www.auda.org.au/policy/audrp.

9. REVIEW OF POLICY

9.1 From time to time, auDA may update this document for the purposes of clarification or correction.