Terms and Conditions of application for a domain name and web hosting.

Please find below our Terms & Conditions of acceptance of your domain name registration(s) and/or web hosting and value-added services.

Definitions:

"The Agent" includes Nitro Digital Communications of 30A Florence Ave, Blair Athol, S.A. 5084, Australia, or any party acting on Nitro Digital Communications implicit instructions. "The Registrant" includes the person applying for the domain name or any party acting on the Registrant´s instructions. "The Registry" includes the relevant domain name Registry.

The Agent agrees as follows:

To consider applications received for a domain name registration and/or web hosting from the Registrant.

To accept or reject the application for a domain name registration and web hosting subject to the rules and regulations of the relevant Registry who administer name applications under that domain and under the current laws applicable to that country.

If the application is accepted by the Agent on receipt of the full fees the Agent will register the relevant details with the Registry to effect a full domain name registration.

Once the Domain Name and the Registrant´s details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by the Agent.

The Agent is entitled to register domain names on a first come, first served basis, whether or not it has received payment for their registration.

Until the agent has confirmed the registration, there is no guarantee that the domain name applied for will be entered in the Register as such. The Registrant is advised not to take any action in respect of the registration of a domain name before it becomes a full registration.

The Agent will supply DNS service to host the domain name either on servers owned and operated by the Agent or on other third party owned and operated servers.

The Agent accepts no responsibility for the use of any domain name on the register of domain names and in particular for any conflict with trademarks, registered or unregistered, or with rights to names in other contexts.

The Agent will use its reasonable endeavours to ensure that the appropriate details of the Registrant´s registration are correctly entered and maintained in the register of domain names. In no circumstances will the Agent be liable for any loss of profit, business suffered by the Registrant.

The Agents liability to the Registrant under the contract or otherwise for proved liability for negligence is limited to 125% of the registration fees paid in respect of a particular period of registration or web hosting.

All registrations remain the property of the Agent until payment has been made in full. The Agent reserves the right to withhold DNS service until all monies owed by the applicant have been received.

The Agent will not register domain names considered by the Agent and at the Agent´s sole discretion to be of an explicit sexual or indecent or racist nature.

The Registrant agrees as follows:

The Registrant warrants to the Agent that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party.

The Registrant warrants to the Agent that the details submitted by the Registrant to the Agent are true and correct, and that future additions or alterations to those details will be true and correct.

The Registrant indemnifies the Agent against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.

The Registrant indemnifies the Agent against any claim that the contents, information, data, images, sounds or multimedia, of the web site hosted by the Agent, directly or indirectly infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.

The Registrant agrees to place only legal and legally acquired content, information, data and images on the Registrant's web site hosted by the Agent, and agrees to remove any material when requested by the Agent where in the Agent's considered opinion the publication on that site of such material may constitute an illegal or libellous act.

The Registrant accepts that the Registry records of the domain name applied for will show some of the details supplied by the Registrant in respect of this domain name application. The Registry may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name. The actual detail made available by the Registry to a third party is at the discretion of the Registry and no liability for how this information is made use of by a third party is accepted by the Agent.

Cancellation of Registration of a Domain Name and/or Web Hosting:

A charge of US$55.00 will be made for the cancellation of any domain name registration or web hosting service being provided. This includes requests by the registrant before the registrants' card has been debited.

Once a domain name has been registered, no cancellation is possible.

Once a new hosting period has commenced, no refund is possible.

Period of Registration of a Domain Name:

The initial registration period is two years from the date of the application for registration. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable at the time of renewal and as shown on the Agents web site.

All transfers and renewals will be made on the Agents Terms and Conditions and Prices current at the time of the transfer or renewal.

Transfer and/or Release of a Domain Name to another Agent:

The Agent agrees to transfer and/or release all domains names at any time, with the exception of PARKED domains.

Hosting renewals must be paid in full 30 days in advance of hosting period expiry date.
Parked domains will cost US$55.00 to transfer or release.

Nameserver Changes:

The Agent agrees to nameserver changes at any time, with the exception of PARKED domains.

Parked domains will cost US$55.00 for a nameserver change.

Anti-Spam Policies:

The Agent reserves the right to to terminate without notice the contract with any Registrant who commits spam or sends spam (otherwise known as "Unsolicited Commercial Email") or who uses the Agents' servers for spam, spamdexing or bulk emailing.

This termination will be at the sole discretion of the Agent.

 

Client Responsibility:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Agent will not be held liable for any successful hacking/cracking intrusions. Any intrusions that require correction will be carried out with the cost carried by the client. The client is responsible for securing their username/password. Use of Agents Hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. html web publishing: knowledge of the html tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. Client agrees that it is not the responsibility of the Agent to provide this knowledge or support outside matters non specific to the Agents servers.

Period of Web Hosting:

The initial period for web hosting and other related services, is two years from the date of the application for those services. Thereafter, the services may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable at the time of renewal and as shown on the Agents web site.

All renewals will be made on the Agents Terms and Conditions and Prices current at the time of the renewal.

It is hereby agreed by all parties that:

These terms and conditions constitute the entire agreement between the Agent and the Registrant. All domain names ordered by the Registrant by either electronic or written means are only accepted by the Agent under the terms of this agreement.

This contract may be assigned by the Agent.

The Agent may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name and/or web hosting.

The Agent may not be held liable for the contents, information, data, images, sounds or multimedia, placed on a web site hosted by the Agent.

Disclaimer:

The Agent will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Agent and its employees. The Agent's financial liability is restricted to the price paid for the service provided. The Agent reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.

The above does not affect your rights and obligations under the consumer protection laws currently in force.

Dated: 1st Jan 2009