WHOIS.CO.NZ TERMS AND SERVICES

INTRODUCTION

These Terms and Conditions, together with the applicable country code Top Level Domain (ccTLD) Policies constitutes the entire agreement between whois.co.nz and domain name registrant (owner of the registration).

Prior to registration of a Domain Name or the transfer of any Domain Name to whois.co.nz as the Registrar of record, whois.co.nz requires you to have accepted these terms and the applicable ccTLD Policies.

TERMINOLOGY

Following are definitions of terms used in these Terms and Conditions.

  • APPROVED DISCOUNT DOMAINS PROVIDER

    An organisation which provides registration services to Registrants upon the terms of a Approved whois.co.nz Provider contract with whois.co.nz.

  • ACCEPTABLE USE POLICY

    Our Acceptable Use Policy is referred to as (AUP). Our Acceptable Use Policy may be found online at: whois.co.nz' AUP

  • DOMAIN NAME

    Any domain name registered through whois.co.nz as the Registrar of record.

  • DOMAIN NAME SERVICES

    Any Domain Name registration, renewal and other services associated with a Domain Name.

  • EMAIL ADDRESS

    An email address provided by whois.co.nz in accordance with these Terms and Conditions.

  • HOSTED WEBSITE

    A Registrant’s website that is hosted by whois.co.nz in accordance with these Terms and Conditions.

  • REGISTRANT

    An individual or organisation whose Domain Name is registered with whois.co.nz. A Registrant is also referred to as the “Name Holder” of the Domain Name.

  • REGISTER

    The central listing of Domain Names managed and maintained by Registry.

  • RELEVANT PARTY

    Includes each of the following parties:

    • whois.co.nz, the Registry and any other entity with whom any of the preceding parties is in a business relationship;
    • every officer, employee, contractor, agent of any entity specified above
    • anyone else that whois.co.nz may procure to perform any obligations or duties of whois.co.nz under any agreement you have with whois.co.nz.
  • SERVICES

    Domain Name Services and/or Web and Email Services.

  • SRS

    Shared Registry System. The system used by the Registry to receive and action Domain Name registration applications and other requests.

  • WEB AND EMAIL SERVICES

    Any web services or email services offered or provided by whois.co.nz in addition to Domain Name Services.

  • YOU

    The Registrant of the Domain Name.

YOUR OBLIGATIONS

You agree that:

  1. You have read and understand these Terms and Conditions and the relevant ccTLD Policies, and agree to be bound by them.
  2. You have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.
  3. You will make sure all information you give whois.co.nz is accurate and complete, keep whois.co.nz informed of changes to any information you give us, and that you have the authority to enter in to this agreement.
  4. You will only use the Services for lawful purposes.
  5. You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.
  6. You will comply with any orders of any authority having jurisdiction in relation to the Services.
  7. All registered Domain Names must be hosted on at least two pre-configured domain name servers and you are responsible for at all times meeting this obligation.
  8. You will keep the Registrant ID, and any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name (“Password Information”), confidential, safe and secure. whois.co.nz is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of whois.co.nz).
  9. The availability and price information we return for a given domain name is an indicator only, based on the information available to our systems at the time of checks and dependent on third-party systems. As such we cannot accept any responsibility for the accuracy or inaccuracy of availability and pricing checks.
  10. In the event a given domain name is unavailable for registration or has been assigned a higher ('premium') cost by the registry operator, we will contact you regarding your wishes and your options relating to any payment already made to us for this order.

You warrant that:

  1. You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation.
  2. Any person or legal entity which uses the Domain Name complies with the obligations set out in clause 1.1 above.
  3. In respect of a Restricted Domain Name, you meet and will continue to meet for the period of the Restricted Domain Name registration the eligibility criteria contained in the Restriction Policies.

You acknowledge that:

  1. whois.co.nz must adhere to the relevant registry Policies and any instructions received from time to time from the DNC and InternetNZ and from other respective regulatory authorities. Accordingly, you agree that whois.co.nz is entitled to take all actions that may be reasonably necessary or prudent to comply with the relevant ccTLD Policies or any such instructions received from time to time from the registries without incurring any liability to you or any person for whom you are responsible.
  2. whois.co.nz validates new customers for the purpose of filtering potential fraudulent orders. Accordingly, you agree that if you are a new customer, whois.co.nz is under no obligation fulfil your order until your account has passed our validation test. You also agree that we are not bound by our obligations to fulfil your order until your account has been successfully validated.

YOUR OBLIGATIONS REGARDING WEB AND EMAIL SERVICES

You agree that:

  1. You will perform all tasks and responsibilities requested of you by whois.co.nz in respect of the Web and Email Services.
  2. You will ensure that any Hosted Website and any email sent or received from or by an Email Address:
    1. does not infringe any intellectual property rights of any person;
    2. does not contain any material which is obscene, offensive, upsetting, defamatory, insulting, abusive or in any way unsuitable for persons under the age of 18 years;
    3. is not comprised or is not used for any unlawful purpose or activity.
  3. You will comply with the requirements of any restriction or exclusion relating to any Web and Email Service notified to you by whois.co.nz from time to time.
  4. whois.co.nz may modify, enhance or withdraw any Web and Email Service by posting notice on the whois.co.nz Website 30 days before the change is to take effect.
  5. whois.co.nz does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that whois.co.nz accepts no responsibility for any deficiency or inaccuracy in any Hosted Website that is attributable to defects in that website.
  6. You will read and agree to be bound by our AUP.

DISCOUNT DOMAINS’ OBLIGATIONS

When providing any Domain Name Services, whois.co.nz will:

  1. Comply with all relevant ccTLD Policies and accurately represent these Policies to you.
  2. Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.
  3. Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).
  4. Process any Domain Name registrations with the Register within 72 hours from the time that whois.co.nz receives all the information required to complete the registration.
  5. Notify you of the registration of the Domain Name including the details of the Domain Name, your contact details, whois.co.nz’ contact details, the registration period and the passwords for the Domain Name.
  6. Arrange for correction of any error in the information in the register about the registered Domain Name when requested by you.
  7. Provide the password for the Domain Name to you, or to someone that whois.co.nz reasonably believes is acting on your behalf, when requested and at no charge. We agree to take reasonable care to satisfy ourselves that you have permitted that person to act on behalf of you.
  8. Use your personal information only as authorised by you and otherwise, in accordance with these Terms and Conditions.
  9. Take all reasonable commercial steps to safeguard and protect all information about you stored in whois.co.nz’ databases and systems.
  10. Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.
  11. Use best endeavours to deal with any complaints you may have about the Domain Name Services.

REGISTRATION OF A DOMAIN NAME

You agree that:

  1. Registration of a Domain Name by whois.co.nz is carried out on a "first come, first served" basis.
  2. Registration of a Domain Name confers no property or ownership rights to that Domain Name.
  3. Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the nameservers for the Domain Name and whois.co.nz’ name becomes publicly available to any member of the public.
  4. The Domain Name is registered in your name only because no other person has it according to the records of the Register.
  5. The entry of a domain name in the “whois” database will not be taken as evidence of anything other than the registration of the Domain Name.
  6. whois.co.nz will not become involved (whether directly or indirectly) in any dispute pertaining to the Domain Name and where a conflict arises between Name Holders or prospective Registrants about the Domain Name registration, those parties must resolve the issue independently of whois.co.nz.
  7. The details held in the Register shall be treated as correct and as the authoritative record.
  8. whois.co.nz does not accept any responsibility for the content of a Name Holder’s website and whois.co.nz shall not be obliged to enforce the removal of content from a website unless it has been instructed by a Court Order to do so.
  9. Confirmation of your order does not guarantee that the domain name has been successfully registered. whois.co.nz will not accept any responsibility, nor provide any guarantee that the domain name has been successfully registered until we receive registration confirmation from the registry. When a domain name has been successfully registered, a confirmation email will be sent to you confirming the successful registration.

DOMAIN FREE PARKING

  1. whois.co.nz provides a free parking service to the owner of the domain in order to publicise the Domain name to third parties, and in no way endorses any meaning it may have for visitors. Any links that may appear on this page are provided by a third-party for advertising purposes and have not been chosen nor specifically approved by whois.co.nz. If you wish to remove this page please advise us.

WEB AND EMAIL SERVICES

  1. If whois.co.nz provides you with Hosting services, you may obtain any Web and Email Service from whois.co.nz in connection with the Domain Name. You agree on your own behalf, and on behalf of the Registrant if you are acting as the agent of the Registrant that the Web and Email Services are not available for Name Holders of Moderated Domain Names.
  2. whois.co.nz will endeavour to provide the Web and Email Services with due care and skill, however, whois.co.nz does not guarantee the availability of the Web and Email Services. whois.co.nz will remedy any unavailability of the Web and Email Services as soon as it is able but does not guarantee that any unavailability will be resolved outside whois.co.nz’ trading hours. In addition, whois.co.nz does not guarantee that any Web and Email Service will be:
    1. interruption or fault free or that any faults or errors will be corrected;
    2. available at any particular time or location; available, or available without change, for any minimum period of time;
    3. secure or private;
    4. free of viruses or other harmful features.

CANCELLATION OF A DOMAIN NAME OR A WEB AND/OR EMAIL SERVICE

  1. You may cancel a Domain Name or any Web and Email Service at any time by notifying whois.co.nz in writing. You agree that:
    1. on receipt of such notice, whois.co.nz will cancel the relevant Domain Name and/or cancel the relevant Web and Email Service; and
    2. whois.co.nz will have no liability to you whatsoever in relation to such deletion and/or cancellation.
  2. whois.co.nz may, in its sole discretion, cancel a Domain Name and any additional services such as Web and Email Services provided to you by whois.co.nz in respect of that Domain Name upon 14 days’ notice where you fail to pay any fees that are due to whois.co.nz.
  3. Either party may terminate this agreement and cancel the Domain Name on one month’s written notice to the other party.

FEES

You agree that:

  1. Where you have appointed an Approved whois.co.nz Provider to manage your Domain Name, and the Approved whois.co.nz Provider provides you with billing services, the fees payable for any Domain Name Service, and the payment terms for that Domain Name Service, will be as agreed between you and the Approved whois.co.nz Provider; or
  2. Where you have elected to manage your own Domain Name, or have appointed an Approved whois.co.nz Provider to manage your Domain Name which does not supply billing services to you:
    1. the fees for any Domain Name Service or any Web and Email Service are as set out in the relevant 'pricing' pages of the whois.co.nz website; and
    2. if whois.co.nz is required to incur additional charges in connection with the provision of any Domain Name Service or Web and Email Service to you, we will notify you prior to incurring any such additional charge;
    3. you will pay the fees for any Domain Name Service or any Web and Email Service to whois.co.nz in accordance with the payment terms set out on the whois.co.nz Website at the time the Domain Name and/or Web and Email Service application is submitted to whois.co.nz, or, as otherwise specified on the whois.co.nz Website or these Terms and Conditions;
    4. whois.co.nz may alter any fees set out in this clause at any time on 30 days prior written notice; and
    5. the payment terms related to any Domain Name Service and/or whois.co.nz Service include the following:
      1. All fees are payable in advance unless specified otherwise.
      2. All fees are non-refundable.
      3. A renewal fee is payable in respect of the renewal of each Domain Name registration.
      4. whois.co.nz has no obligation to record the registration of any Domain Name if whois.co.nz has not received the applicable fees for that Domain Name.
      5. Failure to pay the domain name renewal fee in respect of a Domain Name registration will result in cancellation of that domain name registration
      6. If you transfer the Domain Name to another entity or Registrar all charges owing to whois.co.nz as at the date of the transfer are immediately due for payment.
      7. Any amounts payable by a Registrant as a result of exceeding email or website limits will be charged monthly in arrears and will be due by the date specified on the invoice.
    6. whois.co.nz has the discretionary right to refund in part or in full any non-refundable fees where whois.co.nz has confirmed in writing the existence of such a billing irregularity, and
    7. whois.co.nz may require you to return signed documentation before exercising its discretionary right to process a refund

EXCLUSIONS AND LIMITATIONS OF LIABILITY

  1. whois.co.nz does not investigate whether or not any Registrant is entitled to register or hold any rights in a Domain Name or request any Web and Email Services, except for ccTLDs where such investigation is required by the policy set out by the relevant registry.
  2. By registering a Domain Name, whois.co.nz is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorise any person to use the Domain Name in the course of trade.
  3. You agree that no Relevant Party will have any liability to you for any claim arising from any breach of this agreement by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.
  4. You agree that where a Relevant Party has acted in bad faith, or where whois.co.nz has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to whois.co.nz in the month immediately prior to the event of liability in respect of the Domain Name.
  5. All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so. You agree that this clause 10.4 is for the benefit of each Relevant Party.

INDEMNITIES

  1. You indemnify and hold harmless whois.co.nz on its own behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:
    1. any claim or dispute pertaining to the registration of the Domain Name, whether in your name or in such name as you direct;
    2. any claim that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party;
    3. any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms and Conditions; or
    4. any claim arising in relation to the content or operation of any Hosted Website (other than claims caused by whois.co.nz’ breach of these Terms and Conditions); and provided that, you shall not be required to indemnify and hold harmless whois.co.nz for any claims arising from whois.co.nz’ negligence or bad faith.

NOTICES

  1. Any notice to be given by whois.co.nz under these Terms and Conditions or in relation to any services provided by whois.co.nz will be in writing sent to the email address recorded in the Register in respect of the relevant domain name or by posting the relevant information on whois.co.nz’ website. Such notice shall be deemed to have been given at the time it is sent by whois.co.nz.

GENERAL

  1. Unless otherwise agreed in writing, these Terms and Conditions contain 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, and shall continue to apply until these Terms and Conditions are cancelled or terminated, except as otherwise stated in these Terms and Conditions.
  2. whois.co.nz may transfer its rights and obligations under these Terms and Conditions to any third party upon prior written notice to you.
  3. If any provision of these Terms and Conditions is held to be unenforceable in whole or in part all other provisions contained herein shall continue to be valid and enforceable.
  4. Each provision of these Terms and Conditions is separately binding on whois.co.nz. If, for any reason, you, any Relevant Party cannot rely on any applicable provision in these Terms and Conditions, all other applicable provisions in these Terms and Conditions shall nonetheless be binding.
  5. To the extent permitted, the parties agree that:
    1. any dispute or claim arising out of or in connection with these Terms and Conditions must be brought within 60 days from the date on which the event giving rise to the dispute or claim occurred;
    2. where you or any Registrant for whom you are acting as agent supplies incorrect information regarding a Domain Name and whois.co.nz incurs costs in any matter concerning that Domain Name, whois.co.nz may recover those costs from you.
  6. The cancellation or termination of these Terms and Conditions will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Terms and Conditions, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.

CHANGES OF TERMS AND CONDITIONS

  1. whois.co.nz reserves the right to amend these Terms and Conditions at any time by thirty days’ prior written notice to you (“Relevant Notice Period”). You agree that your use of any Domain Name or other Service following the expiry of the Relevant Notice Period will constitute your acceptance of the modified Terms and Conditions.

TERMINATION OR EXPIRY OF THESE TERMS AND CONDITIONS

  1. Where the Registrant transfers its Domain Name from whois.co.nz to another Registrar in accordance with the relevant ccTLD Policies and these Terms and Conditions, the parties agree that these Terms and Conditions will terminate effective from the date of such transfer.
  2. The parties agree that these Terms and Conditions will terminate on the effective date of the cancellation of the Registrant’s Domain Name (and associated Web and Email Services) in accordance with the terms specified in the Cancellation of a Domain Name or a Web and/or Email Service Section of these Terms and Conditions.
  3. The parties agree that these Terms and Conditions will expire where the Registrant’s Domain Name licence expires and is not renewed by the Registrant prior to the deletion of the Domain Name.