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1. These terms and conditions, together with the rules in the most recent com.au Domain Name Allocation Policy constitute the entire agreement between EziHosting and the Applicant for the registration of the Domain Name on the com.au Listing Service, and supersede all prior agreements, understandings and representations whether oral or written..

2. EziHosting's prices for its services are contained in the most recent EziHosting Pricing Structure.

3. The Applicant has read, understood and accepted the terms, conditions and rules in the documents referred to in clause 1.

4. If the Applicant uses an agent for the payment of fees, EziHosting will first seek payment from the agent; but if the agent does not pay the fees for whatever reason the Applicant is responsible for the fees.

5. The Applicant must:

5.1 obtain the consent of individuals whose personal data is to be publicly listed in the AUNIC registry as part of the Domain Name application;

5.2 pay the initial registration fee to EziHosting on-line or by cheque before being issued a Domain Name; 5.3 promptly notify EziHosting of any change to its registered details; and

5.4 promptly notify EziHosting of any actual or threatened proceedings brought in respect of the name used as a Domain Name whether by or against the Applicant.

6 EziHosting will:

6.1 process the application and consider whether to accept or reject it in accordance with the criteria laid down in the com.au Domain Name Allocation Policy in force at the time of the application;

6.2 (if the application is accepted) enter the Domain Name delegation details (if any) into the com.au zone file, and send notice to AUNIC to list the Domain Name in the AUNIC registry; and upon receipt of fee, issue a Domain Name Certificate;

6.3 (if the application is not accepted), notify the Applicant or their agent that the application was not successful, and the reasons why.

7. The initial licence period for use of the Domain Name on the Listing Service is two years from the date of the successful application for registration. Thereafter, the licence may be renewed indefinitely for periods of one or two years, on payment of renewal fees applicable from com.au time to time, and subject to the then current com.au Domain Name Allocation Policy and the then current EziHosting Pricing Structure.

8. The Applicant (or their agent) may surrender a licence of a Domain Name by notice in writing to EziHosting.

9. General:

9.1 EziHosting is entitled to register Domain Names on a first come, first served basis and there is no guarantee that any Domain Name applied for will be registered. Applicants are advised not to take any action in respect to the registration of a Domain Name until it a Domain Name certificate is issued.

9.2 Registration is not effective until EziHosting receives all application fees.

9.3 EziHosting may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances by notice in writing to the Applicant or agent. Exceptional circumstances include those set out in the com.au General (Naming) Policy.

9.4 EziHosting does not accept any responsibility for the registration or use of any com.au Domain Name and in particular for any conflict with trade marks (registered or unregistered), or with rights to names in other contexts. A Domain Name certificate is not evidence of ownership of the name used as a Domain Name.

9.5 EziHosting will use its reasonable endeavours to ensure that details supplied in the application are entered into and maintained in the com.au zone file and sent to AUNIC registry. EziHosting does not accept any responsibility for the performance of the AUNIC registry or the primary domain name server. All conditions and warranties that may be implied (by law or as a result of previous negotiations) in the contract between EziHosting and the Applicant are excluded to the extent permitted by law. In no circumstances will EziHosting be liable for any loss of profit, business or anticipated savings by the Applicant.

9.6 The Applicant warrants to EziHosting that the details submitted by the Applicant (or their agent) are true and correct, and that any future additions or alterations to those details will be true and correct.

9.7 The Applicant warrants to EziHosting that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes on the legal rights of a third party. EziHosting's remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender or cancellation of the Domain Name.

9.8 The Applicant indemnifies EziHosting 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 (except for claims arising from EziHosting's negligence or breach of the terms of the contract); and indemnifies EziHosting against the costs and expenses, however they may arise, incurred in defending or dealing with such a claim.

10. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.

11. The Domain Name may not be sold, lent or used by any party other than the Applicant, and the Domain Name may not be transferred from the Applicant to another party.

12. Any notice to be given under the contract shall be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.

13. The contract is governed by Australian law, and the Applicant and EziHosting submit to the exclusive jurisdiction of the Australian courts.