Terms & Conditions

By using My Private Registration (MPR) for the purpose of private domain registration, you agree to all the terms and conditions set forth in this Agreement.

This Agreement is between MPR and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of our provision of services to you upon your request and consent. This Agreement sets forth the terms and conditions of Your relationship with MPR and Your use of MPR's services and represents the entire Agreement between You and MPR. By using MPR's Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:

1. You on Your behalf;
2. Anyone acting as Your agent; and
3. Anyone who uses the account You have established with MPR, whether or not the transactions were on Your behalf and/or authorised by You.

You agree to abide by the terms and conditions set forth by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") and the Registrar MPR uses to register your domain name(s) through.

You acknowledge that MPR may amend this Agreement at any time upon posting the amended terms on its Web site, and that any new, different or additional features changing the services provided by MPR will automatically be subject to this Agreement. Your use of MPR's services after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.

1. DESCRIPTION OF MPR'S PRIVATE REGISTRATION SERVICES

MPR protects Your right to privacy to the greatest extent possible. When You subscribe to MPR's private registration service, each domain name registration You designate will be registered in the name of MPR, as Registrant. In exchange for MPR becoming the Registrant of each domain name registration on Your behalf, MPR shall keep Your name, postal address, email address, phone and fax numbers confidential, as per Section 4 of this Agreement. When MPR becomes the Registrant of Your domain name registration, the following MPR information (and not Your personal information) will be made publicly available in the domain contacts in the "Whois" directory as determined by ICANN policy:

1. MPR's name and postal address as Registrant of the domain name;
2. MPR's email address, postal address and phone number for the domain name registration's technical contact;
3. MPR's email address, postal address and phone number for the domain name registration's administrative contact;
4. MPR's email address, postal address and phone number for the domain's name registration's billing contact;

2. ALL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU

Although MPR will be the Registrant of each domain name registration You designate, You will retain all benefits of domain name registration with respect to each such domain name registration, including:

1. The right to sell, transfer or assign each domain name registration, which shall require cancellation of Your account with MPR, subject to Section 4. below;
2. The right to control the use of each domain name registration, including designating any and all name servers to which each domain name points;
3. The right to cancel each domain name registration, and the right to cancel the privacy service, so that you become the Registrant;
4. The right to renew each domain name registration upon its expiration, subject to Your Registrar's applicable rules and policies; and
5. The right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving Your domain name registration, subject to MPR's Section 4 rights, which shall, in all events, supersede any and all of Your rights as set forth in this Section 2.

3. YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY

You agree that for each domain name for which MPR becomes the Registrant on Your behalf, You will provide accurate and current information in your Console account as to:

1. Your name and postal address;
2. The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
3. The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
4. The email address, postal address, phone and fax numbers for the domain name registration's billing contact;
5. The primary and secondary domain name servers to which each domain name points; and
6. The domain name's original date of registration and expiration date.

You agree to:

1. Notify MPR within five (5) business days when any of the personal information You provided upon subscribing to MPR's services, changes;
2. Respond within five (5) business days to any inquiries made by MPR to determine the validity of personal information provided by You if and as required by ICANN policy; and
3. Respond to email messages posted to Your MPR account regarding correspondence MPR has received that is either addressed to or involves Your domain name registration, as more fully set forth in Section 5(b) below.

It is Your responsibility to keep Your personal information current and accurate at all times.

You warrant that all information provided by You to MPR is truthful, complete, current and accurate. You also warrant that You are using MPR's private registration services in good faith and You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name being registered by MPR on Your behalf will not be used in connection with any illegal activity, either in the jurisdiction in which you reside or carry out your activities or as applicable in the state of New South Wales, Australia.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login and password ("Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify MPR immediately of any unauthorised use of Your account or any other breach of security. You agree MPR will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by MPR or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. MPR specifically disclaims liability for any activity in Your account, whether authorized by You or not.

4. MPR'S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND/OR TO DISCLOSE YOUR PERSONAL INFORMATION

You understand and agree that MPR has the absolute right in its sole discretion and without any liability to You whatsoever, to either:

1. Close Your account (which means You then become the Registrant of the domain name registration);
2. Reveal Your name and personal information that You provided to MPR when:
   1. Required by law;
   2. To comply with a legal process or instrument of a court in a competent jurisdiction served upon MPR; or
   3. In order to comply with ICANN rules, policies or procedures
3. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by MPR on Your behalf; or
4. Take any other action MPR deems necessary:
   1. In the event you breach any provision of this Agreement;
   2. To protect the integrity and stability of the applicable domain name Registry;
   3. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
   4. To comply with ICANN's Dispute Resolution Policy;
   5. To avoid any financial loss or legal liability (civil or criminal) on the part of MPR or any entity associated of MPR including parent companies, officers and employees;
   6. If the domain name MPR registers on Your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
   7. If it comes to MPR's attention that You are using MPR's services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or objectionable activities, including but not limited to, defame, embarrass, harm, abuse, threaten, or harass third parties. Involve hate crimes, terrorism and child pornography. May be deemed obscene, or otherwise objectionable. That impersonates the identity of another party, including companies, businesses and natural persons. Relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

You also acknowledge and agree that MPR may, in its sole discretion and without any liability to You whatsoever:

1. Cancel the registration of any domain name MPR has registered on Your behalf at any time;

You further understand and agree that if MPR is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of MPR's services, Your private domain name registration will automatically revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.

In the event:

1. MPR cancels your private registration for any reason due to Your breach of this agreement; or
2. You elect to cancel MPR's services for any reason,

MPR will not refund any fees paid by You whatsoever.

5. COMMUNICATIONS FORWARDING

1. Correspondence Forwarding
   MPR's name, postal address and phone number will be listed in the Whois directory, You agree MPR will review and forward communications addressed to Your domain name that are received via email or via either 'Registered' mail or 'Couriered mail delivery'. You specifically acknowledge MPR will not forward to You normal postal mail (other than legal notices), "junk" mail or other unsolicited communications (whether delivered through fax, postal mail or telephone), and You further authorise MPR to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by MPR.
2. Email Forwarding
   ICANN WHOIS policy requires an email address for every domain name registration. When You purchase a private domain registration, MPR creates a private email address for that domain, "@domainprivacyservice.com.au". Thereafter, when messages are sent to Your nominated private email address.
3. Forwarding Fees
   In consideration for:
   1. Handling and forwarding registered and/or and traceable courier mail and certain first class correspondence, and
   2. Responding to and dealing with complaining third parties, You agree to pay MPR at the time such services are provided.
   MPR may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in Australian Dollars. Payment shall be made by You providing a valid credit card for charge by MPR, and is non-refundable. If for any reason MPR is unable to charge Your credit card with the full amount of the service provided, or if MPR is charged back for any fee it previously charged to the credit card You provided, You agree MPR may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services MPR provides to You.
4. Additional Administrative Fees
   MPR reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled via email and require personal service, and disputes requiring legal services. You agree MPR will arrange these charges to the credit card You have on file. Administrative fees, once charged, will be non-refundable. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. Failure to do so could result in termination of MPR's services.

6. LIMITATIONS OF LIABILITY

Under no circumstances shall MPR be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your domain name registration, MPR's services, use or inability to use the MPR web site or the materials and content of the web site or any other web sites linked to the MPR web site or your provision of any personally identifiable information to MPR or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if MPR has been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, MPR's liability in such jurisdictions shall be limited to the smallest amount permitted by law.

You further understand and agree that MPR disclaims any loss or liability resulting from:

1. The inadvertent disclosure or theft of your personal information;
2. Access delays or interruptions to our web site or the web sites of our affiliated registrars;
3. Data non-delivery of mis-delivery between you and MPR;
4. The failure for whatever reason to renew a private domain name registration;
5. The unauthorised use of your MPR account or any of MPR's services;
6. Errors, omissions or misstatements by MPR;
7. Deletion of, failure to store, failure to process or act upon email messages forwarded to either you or your private domain name registration;
8. Processing of updated information regarding your MPR account; and/or
9. Any act or omission caused by you or your agents (whether authorised by you or not).

7. INDEMNITY

You agree to release, defend, indemnify and hold harmless MPR, its parent companies, directors, officers and employees and Your Domain Registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including legal fees, arising out of or related in any way to this Agreement, the services provided hereunder by MPR, the MPR web site, Your account with MPR, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.

8. MPR WARRANTY DISCLAIMER

MPR, its parent companies, directors, officers, and employees expressly disclaim all representations and warranties of any kind in connection with this agreement, the service provided hereunder, the MPR web site or any web sites linked to the MPR web site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. All MPR services, as well as the MPR web site, are provided "as is". Your subscription to and use of MPR's services and its web site are entirely at your risk.

9. MISCELLANEOUS PROVISIONS

1. Severability; Construction; Entire Agreement
   If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and MPR regarding the services contemplated herein.
2. Governing Law; Venue; Waiver Of Trial By Jury
   This Agreement shall be governed in all respects by the laws and judicial decisions of the state of New South Wales, Australia. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of New South Wales, Australia.
3. Notices
   All notices from MPR to You will be sent to the email address You provided to MPR. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by MPR, unless MPR receives notice that the email address is invalid, in which event MPR may give You notice via regular or registered mail. All notices from You to MPR shall be sent via registered or traceable mail:
   
   Legal Department
   My Private Registration:
   PO Box 270
   Broadway, 2007
   NSW, Australia
   
   Notices sent via registered mail or traceable courier shall be deemed effective five (5) days after the date of mailing.
4. Assignment
   Neither party may assign its rights or obligations under this Agreement without the consent of the other party (not to be unreasonably withheld or delayed), provided that MPR may novate this Agreement to any of our affiliates or assign this Agreement on any merger or acquisition. MPR are free to sub-contract any of our obligations under this Agreement, but such sub-contracting will not release us from our liabilities under the Agreement.
5. Term of Agreement; Survival
   The term of this Agreement shall continue in full force and effect as long as MPR is the Registrant for any domain name on Your behalf. Sections 5 (Communications Forwarding), 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer) and 9 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.