2. Commencement and Term of registration

Registration of the domain name commences when we accept your application and continues for a term of one (1) to ten (10) years according to the registration term chosen by you and the type of domain name extension you are purchasing or renewing. Registrations and renewals are subject to payment of the applicable fees. All domain name registrations are not effective until we deliver the registration information you provide us to the relevant registry operator, and the registry operator puts into effect your domain name registration or renewal. The current registry operators are Verisign, Inc for .com and .net, Public Interest Registry for .org, Afilias Ltd for .info and Neulevel Inc for .biz.

3. Renewal of registration

We will email you a renewal notice thirty (30) days before the domain name registration term expires to the email address provided by you. You can renew the registration for another term of between one (1) to ten (10) years and there is no limit in the number of consecutive renewals you can make. Renewal of registration is subject to payment of the relevant fee at the time of renewal. Failure to renew your registration results in the suspension of the domain name and its release for use by others. Although every effort is made to ensure that you receive your email renewal notice, this is a courtesy reminder notice only and does not confer liability upon Sapphires Web Design for the cost of renewing your domain name or any other costs or damages if you fail to receive your email renewal notice.

4. Ownership of the domain name

4.1 In submitting this application you warrant that:

(a) You are the owner of the domain name; and
(b) The domain name does not infringe any legal rights of any third party. In addition, you agree not to use your domain name to spam or send unsolicited commercial email (UCE) to other internet users.

4.2 You remain the owner of the domain name even if you license use of the domain name to a third party.

5. Transfer of Domain Name
In order to transfer a domain name to another party you must be a Sapphires Web Design member and the transfer must be executed with another Sapphires Web Design member. The transfer of ownership is affected through our online application process and must be initiated by the registered user wishing to transfer their domain name to the other party. The parties to any transfer are referred to the policies contained in the Policy for Transfer of Domain Name ownership document.
To transfer the ownership of a domain name the current registrant must:

(a) Relinquish its registration of the domain name;
(b) Pay all outstanding fees;
(c) Accept the terms in the Policy for Transfer of Domain Name
(d) Agree to discharge the registrar from all obligations to you under this agreement at the effective date of the transfer;
(e) Follow the instructions contained in the Procedure for Transfer of Domain Name; and
(f) Submit the online Transfer form.

The transferee (new registrant) must also:
(a) Enter into a registration agreement (of a minimum of 1 year's duration) with the registrar;
(b) Reaffirm the accuracy, completeness and currency of the personal data in the agreement;
(c) Agree to be bound by the terms and conditions of the Domain Name Registration Service Agreement;
(d) Review the Policy for Transfer of Domain Name; and
(e) Follow the instructions contained in the Procedure for Transfer of Domain Name.

6. Fees

6.1 You agree to pay registration and renewal fees to the registrar at the current price at the time of the registration and renewal. Fees may be changed by registrar from time to time at its complete discretion and made without prior notice to the registrant. All fees paid are non-refundable.
6.2 In the event that you fail to pay the fees by the due date, the registrar may place the domain name on hold for a period of up to thirty (30) days. If the fees are outstanding at the end of the thirty (30) days, registrar may terminate or deactivate the registration. As a consequence, the registrant loses ownership of the domain name and in the event that it desires to regain the same domain name, must re-register for it.
6.3 Registration is not effective until the Registration fee has been paid and cleared into the account of the registrar. In the event of a charge back by the credit card company or other non-payment by you in connection with the payment of the fees, you agree that the registration will be transferred back to the registrar, and that the registrar reserves all rights regarding the domain name including, without limitation, the right to make the domain name available to other parties for purchase. Should you wish to have ownership of a domain name transferred back to you after you have initiated a chargeback, you agree to pay any costs, fees or charges associated with the chargeback.

7. Taxes
The fees payable under this agreement are exclusive of all government charges, taxes, duties and levies and the registrant agrees to pay any and all such charge, taxes, duties and levies arising out of or in connection with this agreement. In particular, you must pay to the registrar any amount (VAT or GST or its equivalent) which the registrar if 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 this agreement.

8. Personal data

8.1 You must provide to the registrar the information in the compulsory fields in order to obtain registration. You may provide the information in the voluntary fields.
8.2 You warrant that the data is accurate, complete and current. As the registrant you have a continuing obligation (during the term of this agreement) to the registrar to ensure that the information remains accurate, complete and current. You must notify the registrar immediately of any changes to the information.
8.3 The registrar may make public some or all of the information. You acknowledge and agree that:

(a) The information may be made available to and used by ICANN and Verisign Inc (or other registry administrator) for registry use;
(b) The information will be used by the registrar and its licensees for inclusion in any registries and databases that are produced; and
(c) The registrar may share the information stored in the registries and databases with its trusted business partners. These business partners are not authorized to use such information for purposes beyond those specified by the registrar and are required to preserve the confidentiality with which the registrar treats such information.

8.4 The registrar will not disclose the information to third parties, public or private, except where required by ICANN or AuDa policy or direction, as required by domestic or international law, or for other purposes as permitted by other laws.
8.5 The registrar will use its best efforts to protect the information from loss, alteration, unauthorised disclosure or access or misuse.

9. Transfer from another Registrar

9.1 The registrant may change its registrar whether to or from Sapphires Web Design for an existing domain name but only after having been registered with Sapphires Web Design for sixty (60) days after initial registration.
9.2 The registrar may, in its discretion, refuse to transfer the domain name to another registrar. Such instances include default in payment of fees, disputes over the identity of the domain name holder and bankruptcy or insolvency.
9.3 The parties to a change in registrar to Sapphires Web Design are referred to the policies contained in the Policy for Transfer to another Registrar and the Procedure for Transfer to another Registrar.

10. Minimum Term
As the registrant (includes a transferee) you agree not to transfer a domain name within sixty (60) days from the date when you first registered that name with the registrar. Applications for renewal of the domain name are not treated as first registrations and do not fall within this qualification.

11. Dispute policy

11.1 In relation to gTLDs (being .com, .net, .org, info and biz) you agree to be bound by the ICANN "Uniform Domain Name Dispute Resolution Policy as amended from time to time. The policy is an integral part of this agreement and reference should be made to the terms of that policy in relation to disputes. The terms of the policy can be found by following the links on the ICANN website found at: http://www.icann.org/udrp/udrp-policy-24oct99.htm.
11.2 This agreement is to be construed according to the laws of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in that State.
11.3 The registrant hereby indemnifies and holds the registrar harmless against any claims by a third party in the event of a dispute between the registrant and a third party.

12. Ownership of data
The registrar owns all the databases, compilations and similar rights title and interest worldwide in its database and all information derived or produced from that database.

13. Indemnity

13.1 The registrant indemnifies the registrar as well as Verisign Inc, Public Interest Registry, Nominet UK, Denic, CentralNic, auDA, Afilias Ltd, Neulevel Inc (or other registry administrator) and its officers, directors, employees and agents against all expenses, losses, claims, damages and costs (including reasonable legal costs) incurred by those indemnified arising out of or in connection with the registration or the registrant's use of the domain name.
13.2 The registrant further agrees to release, indemnify and hold registrar harmless from all liabilities, claims, damages, costs and expenses of third parties relating to or arising under this agreement or the registrant's use of the services.

14. Limitation of liability

14.1 To the extent permitted by law, registrant agrees that neither the registrar nor the relevant registry operator) shall be liable for any loss or incidental or consequential damage the registrant may incur arising out of or in connection with errors, mistakes or any other result of domain name registration by the registrar.
14.2 The registrant agrees that in no event shall the liability of the registrar exceed the re-supply of the services or the fees paid by the registrant under this agreement.

15. Termination for breach
The registrant agrees that if it breaches any term in this agreement or dispute policy, then registrar may notify the registrant of the breach. If the registrant fails to provide a satisfactory explanation to the register, then registrar may deactivate or cancel the domain name.

16. Notices
All notices that are required to be given under this agreement must be in writing and sent to the address of the owner of the domain name and may be given by e-mail or facsimile if the recipient confirms receipt. Any notice sent shall be deemed to have been received instantly upon transmission or 1 week after posting if sent by mail. Any email sent to the address shall be deemed to have been received by the owner of the domain name.

17. Governing law
This agreement together with all rights, obligations and all actions contemplated by this agreement shall be governed by the laws of Australia. In particular, the parties submit to the law of Victoria and to the Courts exercising jurisdiction in that State.

18. Severance
If any part of this agreement is found to be unenforceable, void or invalid, then that part of the agreement shall be served. The severance of the part shall not affect the validity of the remaining parts of the agreement.

19. Entire agreement
The registrant agrees that this agreement and the dispute policy of ICANN represent the entire agreement between the registrar and the registrant. Together, they supersede all prior agreements, arrangements and undertakings between the parties. This agreement may only be amended in writing agreed between the parties.

20. Waiver

20.1 A waiver by Sapphires Web Design of a provision or right under this agreement is binding on it only if it is given in writing and signed by the authorised officer of Sapphires Web Design granting the waiver.
20.2 A waiver is effective only in the specific instance and for the specific purpose for which it is given.
20.3 Failure by Sapphires Web Design to exercise or delay in exercising a right under this agreement does not prevent its exercise or operate as a waiver.

21. Relationship
The relationship of the parties is that of registrant and registrar and not joint venturers, licensee and licensor, equity partners, principal and agent.

22. Further assurance
The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.

22. Further assurance
The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.
Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:

1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

a. To exchange goods, services, or property of any kind;
b. In the ordinary course of trade or business; or
c. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

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.

2. BIZ CERTIFICATION. As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:

• The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html 
• The domain name Registrant has the authority to enter into the registration agreement; and
• The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
  
  3.PROVISION OF REGISTRATION DATA
  
  3.1 Provision of Registration Data. As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.
  
  3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an 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, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
  
  DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
  
  The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
  The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
  
  A.

1. The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.


2. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.

3. RESERVATION OF RIGHTS. Sapphires Web Design and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 Sapphires Web Design and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Sapphires Web Design and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

B.

Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:

1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/ 

2. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period (an explanation of which can be found at http://www.afilias.info/faq/sunrise.html), including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html. These policies are subject to modification by the registry operator.

3. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.

4. Registrant acknowledges that the registry operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period (an explanation of which can be found at http://www.afilias.info/faq/start-up.html), including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.

5. Registrar and the registry operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.