• a ‘general’ section, that applies to all our services and all your dealings with us; and
• a series of ‘specific’ sections that each apply only to certain kinds of domain name.

• We can arrange for domain name licences to be granted to you by various registry operators, subject to their rules and licence terms and the policies and requirements of.  
• We can carry out some limited functions on behalf of registry operators.
• We can serve as a ‘registrar of record’ i.e. the intermediary between a domain name licensee and a registry operator, as recognised by the registry operator.
• We can provide online facilities for you to administer your domain names. 
• We may also provide other, related services.

• If an expression is defined in the dictionary in clause 4.1 , that is what it means.
• If an expression is defined in the dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘ to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.)
• Headings are only for convenience.  They are to be ignored when interpreting these terms, except insofar as they indicate the number of a clause.
• A schedule to a document is part of that document.
• A reference to the singular includes the plural and vice versa.
• Where one thing is said to include one or more other things, it is not limited to those other things.
• There is no significance in the use of gender-specific language.
• A ‘person’ includes any entity that can sue and be sued.
• A ‘person’ includes any legal successor to or representative of that person.
• A reference to a law includes any amendment or replacement of that law.
• Anything that is unenforceable must be read down, to the point of severance if necessary.
• Anything we can do, we may do through an appropriately authorised representative.

• complete our application form;
• agree to these terms;
• submit the registration fee; and
• satisfy any other requirements we notify to you.

• you have paid the registration fee, and your payment has been honoured;
• your application complies with the requirements and policies of the applicable registry operator;
• the applicable registry operator approves your application and permits the registration; and
• we have notified you in writing that your application has been finally approved –

but subject to those requirements, the period of your domain name licence is taken to commence on the date you were not notified by us that your application was successful.

• we are never obliged to do so; and
• you have no claim against us if we do not do so, or if our notice does not reach you.
• you do not have to renew your registration, or pay any fee indicated by the reminder notice, unless you choose to do so.

• complete our renewal procedure;
• agree to these terms (as in force at the time of renewal);
• submit the renewal fee; and
• satisfy any other requirements we notify to you.

• you have paid the renewal fee, and your payment has been honoured;
• your renewal complies with the requirements and policies of the applicable registry operator;
• the applicable registry operator approves your renewal; and
• we have notified you in writing that your application has been finally approved –

but subject to those requirements, the period of your renewed domain name licence is taken to commence on the date your previous licence expired.

• a ‘member to member transfer’ – where we are registrar of record both before and after transfer;
• a ‘transfer in’ – where (a) there is a change of registrant and (b) we become the registrar of record as a result of the transfer;
• a ‘transfer out’ – where (a) there is a change of registrant and (b) we cease to be the registrar of record as a result of the transfer;
• a ‘registrar transfer in’ – where (a) there is no change of registrant and (b) we become the registrar of record as a result of the transfer;
• a ‘registrar transfer out’ – where (a) there is no change of registrant and (b) we cease to be the registrar of record as a result of the transfer.

• registry requirements, and
• this clause.

we may suspend or reverse the transfer – a ‘slip correction’.

• we may place the domain name on hold for 30 days; and
• if you have not paid within those 30 days, we may cancel your registration.

• hold you to the transaction, resist the chargeback and charge you our reasonable costs of doing so; or
• cancel your domain name registration or renewal.

If your domain name registration is cancelled under these terms or a registry requirement:

The charges payable under these terms are exclusive of all government charges, taxes, duties and levies and you must pay any and all such charge, taxes, duties and levies arising out of or in connection with these terms. In particular, you must pay to us any amount (VAT or GST or its equivalent) which we are obliged to pay as a result of any supply made or deemed to be made or other matter or thing under or in connection with these terms. 

You promise us that if you:

• apply to register a domain name;
• use a domain name;
• renew a domain name;
• transfer a domain name to another person; or
• take a transfer of a domain name from another person –

through our service, then:

You must never use your domain name, or allow anyone else to use it, to send unsolicited commercial email.

• http://www.primus.com.au/residential/privacy_statement.htm

and

• http://www.primus.com.au/residential/privacy_policy.pdf

respectively.

• warrant that all information that you provide to us is complete, accurate and up to date; and
• must promptly notify us if any of it changes.

Except where the laws of another jurisdiction are mandatorily applicable,these terms are to be construed in accordance with the law of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

These terms represent the entire agreement between us and you. Together, they supersede all prior agreements, arrangements and undertakings between the parties.  

The relationship of the parties is that of service provider and customer and not joint venturers, licensee and licensor, equity partners or principal and agent.

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

• in all cases: us;
• in relation to a gTLD: Verisign, Inc;
• in relation to a dotbiz:  NeuLevel, Inc;
• in relation to a dotinfo: Afilias Limited;
• in relation to a dotorg:  Public Interest Registry; and
• in relation to any other domain name: its registry operator (e.g. Neustar for a .us domain name, CentralNIC for .us.com, .eu.com and .uk.com domain names, and AusRegistry as applicable) –

and all directors, officers, employees, agents, and affiliates of any of them  from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration or your use of a domain name.

• in the case of goods:
• replacing the goods or supplying equivalent goods;
• repairing the goods;
• paying for the cost of replacing the goods or buying equivalent goods; or
• paying for the cost of repairing the goods, and
• in the case of services:
• supplying the services again, or
• paying for the cost of supplying the services again.

• all express or implied representations, conditions, warranties and remedies relating to our services are excluded;
• we are not liable for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings that you incur or suffer in any way, whether:
• we caused it by our negligence; or
• we knew or should have known of the  possibility of such loss or damage; and
• our maximum aggregate liability, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action or otherwise is the amount you paid to us for our services during the 30 day period immediately before the time your cause of action arose (but this does not apply in the case of a claim that we have caused injury to or the death of any person).

• by emailing the notice (or a hyperlink to a web page that contains the notice) to the most recent email address you supply to us;
• by fax to the most recent fax number you supply to us;
• by ordinary mail or hand delivery to the most recent postal address you supply to us, or (if you are a company) to your registered office;
• by hand delivery to you; or
• in any other way permitted by law.

• if it (or a hyperlink to it) is emailed:  one hour after it leaves our mail server;
• if it is faxed:  when our fax machine issues a successful delivery record;
• if it is mailed:  at 10 a.m. on the second business day after posting;
• if it is hand delivered to you or your postal address or (if you are a company) your registered office:  at the time of delivery;
• if it is delivered in another way permitted by law:  at the time when it would have been delivered in the normal course of that way of delivery.

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

You may not affect a transfer of a gTLD domain name within 60 days after you:

• you owe us any money;
• you appear to be insolvent;
• there is a dispute over the domain name; or
• there is some other reason that we consider sufficient.

and you acknowledge that your domain name licence is subject to these and any other registry requirements.

Clauses 43 to 51 only apply to dotbiz gTLDs.

• to exchange goods, services, or property of any kind;
• in the ordinary course of trade or business; or
• to facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business –

but registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a ‘bona fide business or commercial use’ of that domain name.

• exclusively for personal use; or
• solely for the purposes of
• selling, trading or leasing the domain name for compensation, or
• the unsolicited offering to sell, trade or lease the domain name for compensation.

• your full name, postal address, e-mail address, voice telephone number, and fax number if available;
• the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
• the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
• the corresponding names of those nameservers;
• the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
• the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
• the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
• any remark concerning the registered domain name that should appear in the Whois directory.

• you provide inaccurate or unreliable information;
• you fail to promptly update information provided to us;
• you fail to respond for over five calendar days to our inquiries (or those of NeuLevel, Inc) addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account –

you have breached of your registration agreement.

• to protect the integrity and stability of the registry;
• to comply with any applicable laws, government rules or requirements, requests of law enforcement;
• in compliance with any dispute resolution process; or
• to avoid any liability, civil or criminal, on the part of us and / or NeuLevel, Inc, or their affiliates, subsidiaries, officers, directors and employees.

• the Start-up Trademark Opposition Policy (“STOP”), at www.neulevel.com/countdown/stop.html; and
• the Restrictions Dispute Resolution Criteria and Rules, at www.neulevel.com/countdown/rdrp.html.

Other registry requirements for dot biz domain names include:

www.neulevel.com/countdown/registrationRestrictions.html;

and you acknowledge that your domain name licence is subject to these and any other registry requirements.

Clauses 53 to 54 only apply to dot org gTLDs.

and you acknowledge that your domain name licence is subject to these and any other registry requirements.

Clauses 56 to 61 only apply to dot info gTLDs.

Other registry requirements for dot info domain names include:

and you acknowledge that your domain name licence is subject to these and any other registry requirements.

Clauses 63 to 77 only apply to domain names that end in .au

The following is a summary of these terms and conditions, but does not limit the operation of the full terms and conditions in any way.

You are bound by these terms, even if you have entered into this document through an agent, and even if you licence the use of the domain name to another person.

• your application is accepted and approved by us and by the registry operator, and
• you have paid the applicable fees, unless it is cancelled earlier under these terms or under any published policies.

• pay the applicable renewal fees, and
• continue to meet the eligibility criteria prescribed in the published policies.

• all the information set out in your domain name application, and all information you give us, is true and correct, and not misleading or deceptive; and
• You make the warranties set out in auDA's Registrant Warranties Policy and any other policy introduced by auDA in substitution, replacement or amendment to that policy).  The warranties include, without limitation, that all information supplied to the registrar for the registration of the domain name are true, complete and correct.  The Registrant accepts that auDA or the registrar can cancel the registration of the domain name if any of the warranties are not true.
• you meet, and continue to meet, the eligibility criteria prescribed in the published policies for registering the domain name, and
• you have not previously submitted for registration with another registrar, a domain name which is the same as the domain name, in circumstances where:
• you are relying upon the same eligibility criteria for both domain names, and
• the domain name has previously been rejected by the other registrar, and
• your registration or use of the domain name does not infringe any person's legal rights.

• we are no longer an accredited registrar; or
• our auDA Accreditation is suspended or terminated; or
• our registrar agreement with auDA is terminated by auDA.

• the fact that we are no longer an accredited registrar; or
• the suspension or termination of our auDA Accreditation; or
• the termination of our registrar agreement with auDA –

on its web site, and may, if it considers appropriate, give such notice to you directly.

• comply with the published policies, and
• give notice to the registry operator (through us) of any change to any information which you have given us.

• register a domain name for the purpose of selling it, or
• register a domain name for the purpose of diverting trade from another business or web site, or
• deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or
• register a domain name and then passively hold a domain name licence for the purpose of preventing another person from registering it.

• transfer or purport to transfer a proprietary right in any domain name registration, or
• grant or purport to grant a registered domain name as security, or
• encumber or purport to encumber a domain name licence.

• auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us; and
• such policies bind you and us as if they were incorporated in these terms; and
• all such policies are registry requirements.