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| Please read
this agreement in its entirety. All users of our service
will be bound by this agreement. We may change this agreement
giving 30 days notice by sending a letter, facsimile or
e-mail message to you. If you continue to use our service
after we have notified you, then you agree to the changes
we have made. |
| 1.
The Registrar's Obligations |
We agree
that we will:
1.1 comply with all .nz policies and accurately represent
these to you;
1.2 disclose accurately and completely all our terms and
conditions associated with your use of our services to
register and maintain a domain name sought to be used
by you;
1.3 comply with your lawful directions in a diligent and
timely manner regarding your .nz domain name, (for example,
registration, cancellation, amendment, deletion, and associated
technical support and billing);
1.4 process any new .nz domain name registrations with
the registry within 24 hours from the time we receive
all the information required to complete a registration
if it is within our advertised business hours of 9am -
5pm Monday-Friday, and otherwise within 48 hours.
1.5 notify you of the registration of your domain name(s),
including the details of: the domain name, your contact
details, our contact details, the registration period,
the unique authentication ID for your domain name and
your obligations as a registrant;
1.6 arrange for correction of any error in the information
in the register about any domain name registered to you
when requested;
1.7 provide to you, or to someone we reasonably believe
to be acting on your behalf, the unique authentication
ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by
you;
1.9 take all reasonable steps to safeguard and protect
all information about you stored in our databases and
system(s);
1.10 comply with any order of any authority having jurisdiction
regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints
you may have about the services we provide for you. |
| 2.
The Registrant's Obligations |
| You agree
that you will: 2.1 comply with the .nz policies. You
agree that you have read and understood the current
policies;
2.2 make sure all information you give us is accurate
and complete, keep us informed of changes to any information
you give us, and that you have the authority to enter
into this agreement;
2.3 keep the unique authentication ID for your domain
name and any other security information that we give
to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name
will not infringe anybody's intellectual property rights
and protect us, and everybody we are in any business
relationship with to provide services to you, from any
such claim;
2.5 ensure that you only use our services for a lawful
purpose;
2.6 ensure that the use of any domain name registered
to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction
regarding any domain name registered to you is complied
with;
2.8 protect us, and everybody we have a business relationship
with, against any legal action taken against us because
of the receipt or use of our services by you or someone
you are responsible for, including reliance by us or
anybody we have a business relationship with, on information
supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible
for or who uses a domain name
registered to you also meets the above duties. |
| 3.
Registration of a Domain Name |
| When a domain
name in the .nz domain name space is registered to you,
or in your name as directed by you, then you agree: 3.1
that the following information becomes available to
any member of the public:
- your name,
- your contact details and
- the domain name, its commencement and expiry dates
and addresses/details of the
name servers for it, and our name.
3.2 the domain name is registered in your name only
because no other person has it according to the records
of the register; and
3.3 neither we nor anybody else is representing anything
else to anybody regarding that domain name. The entry
of a domain name in the "who is" database
shall not be taken as evidence of anything other than
such registration; and
3.4 that you protect us and everybody we have a business
relationship with to provide services to you, from any
claim arising out of the domain name being registered
in your name or as you direct. |
| 4.
Register is the Record |
| For all purposes
the details shown in the register shall be treated as
correct and the authoritative record. |
| 5.
Payment of Fees |
5.1 You agree
to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to
another registrant or to be managed by another registrar,
all charges owing to us shall become immediately due and
payable on the date of that transfer.
5.3 We may alter our fees from time to time. When we alter
them we will send you notice of the alteration 30 days
before the new fee takes effect.
5.4 Our usual fees are for registration of your domain
name and nameserver services if required. We may also
charge for other services provided by us. We will tell
you before any additional charge is incurred.
5.5 Our prices are stated in New Zealand dollars and exclude
GST. |
| 6.
Suspension And Refusal To Supply Services |
If you do
not pay our charges for a domain name registered to you
we may:
- cancel registration of that domain name; or
- refuse to provide a service you request. |
| 7.
Cancellation of a Domain Name |
| If we are
going to cancel the registration of a domain name registered
to you as a result of you not paying our charges relating
to that registration, we will give you fourteen days notice
before we initiate action to cancel that domain name. |
| 8.
Exclusion of Liability |
| We exclude
all liability we may have to you for any claim except
where we have acted in bad faith. This exclusion also
applies for the benefit of : 8.1 InternetNZ, the registry
and any other entity we are in any business relationship
with;
8.2 every officer, employee, contractor, agent of us
or any entity in clause 8.1;
8.3 anyone else we get to perform our duties under any
agreement you have with us.
None of the persons specified above is liable or has
to pay you for anything else in connection with or resulting
from anything any of us does or does not do, or delays
in doing, whether or not it is contemplated or authorised
by any agreement you have with us. This exclusion applies
whatever you are claiming for and in whatever way liability
might arise.
This exclusion does not prevent you getting a court
order requiring us to do anything we have agreed to
do for you and does not limit any rights you may have
under the Consumer Guarantees Act 1993. |
| 9.
Limitation of our Liability |
We have excluded
all other liability we or any of the persons specified
in clause 8 may have to you. If any of those persons is
ever liable to you and, for any reason, cannot rely on
the exclusion of liability set out in clause 8 then this
clause applies.
Where this clause applies, the maximum combined amount
the persons specified above (together) will have to pay
you and anyone else who uses the services we provide for
you (together) is the amount of the last month's fee paid
by you under this agreement. |
| 10.
Law and Jurisdiction Applying to this Agreement |
| Unless we
otherwise agree in writing, this agreement contains all
the terms of our relationship and continues to apply no
matter where you are located at the time any of the services
are provided or where you reside. This will be the case
until this agreement is cancelled except to the extent
clause 14 says otherwise. To the extent legally permitted:
10.1 all our services are provided under New Zealand
law;
10.2 any claim or dispute arising out of or in connection
with this agreement must be instituted within 60 days
from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action
against us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies
incorrect information regarding a domain name and we
incur cost in any matter concerning that name then we
may recover the costs incurred by us from you. |
| 11.
Cancelling the Agreement |
11.1 We may
cancel or suspend this agreement by giving you one month's
notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by
giving you one month's notice. |
| 12.
More Than One Person |
| You are responsible
for everybody who you permit to act for you as a registrant.
We will take reasonable care to satisfy ourselves that
you have permitted those persons to act for you. |
| 13.
Each Clause Separately Binding |
| Each clause
of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified
in clause 8 cannot rely on any clause, all other clauses
of it are binding. |
| 14.
Rights and Responsibilities that Continue |
| The cancelling
of any agreement you have with us does not affect any
rights and responsibilities, which are intended to continue
or come into force afterwards. These include the rights
and duties under 2, 4 - 10, 12 - 13, and this clause 14. |
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