6. Your Statement to Us
6.1 You confirm and state to us and to auDA separately that:
* All the information set out in your Domain Name application, and all information you give us, are true and correct, and not misleading or deceptive, and
* You meet, and continue to meet, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and * You have not previously submitted for registration with another registrar, a domain name, which is the same as the Domain Name, in circumstances where:
o you are relying upon the same eligibility criteria for both domain names, and
o the Domain Name has previously been rejected by the other registrar, and
o your registration or use of the Domain Name does not infringe any person's legal rights.
6.2 You accept that if any of the above statements is found to be incorrect, then either auDA or we may cancel your Domain Name Licence.
6.3 You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.
6.4 By applying for an org.au domain, you warrant that you are a 'not for profit organisation'.
7. Our Obligations to You
7.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
7.2 We will give you immediate notice if:
* We are no longer an accredited registrar, or
* Our auDA Accreditation is suspended or terminated, or our registrar agreement with auDA is terminated by auDA.
7.3 auDA may post notice of:
* The fact that we are no longer an accredited registrar, or
* The suspension or termination of our auDA Accreditation, or
* The termination of our registrar agreement with auDA, on its web site, and may, if it considers appropriate, give such notice to you directly.
8. Your Obligations to Us
8.1 Throughout the period of your Domain Name Licence, you must:
* Comply with the Published Policies, and
* Give notice to the Registry Operator (through us) of any change to any information, which you have given us.
8.2 You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:
* Register a domain name for the purpose of selling it, or
* Register a domain name for the purpose of diverting trade from another business or web site, or
* Deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill, or
* Register a domain name and then passively hold a Domain Name Licence for the purpose of preventing another person from registering it.
8.3 You must not:
* Transfer or purport to transfer a proprietary right in any Domain Name registration, or
* Grant or purport to grant a registered Domain Name as security, or encumber or purport to encumber a Domain Name Licence.
9. Use of Your Information
9.1 You give to: auDA, the right to publicly disclose to third parties, all information relating to the registered Domain Name in accordance with the Published Policies;
9.2 Us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
9.3 The Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
10. WHOIS POLICY
10.1 Some of your personal information will be disclosed on the WHOIS service referred to in clause 9.3 above. You are required to promptly notify us of any changes to the personal information collected by us from you in order that we may update the WHOIS database on receipt of new information from you.
10.2 Amongst the information we require of you as referred to in clause 10.1 is an email address at which you can be contacted at any time. This email address will be disclosed on the public WHOIS service.
10.3 We undertake not to disclose your street address, telephone or facsimile numbers on the public WHOIS service.
10.4 We undertake not to use the information provided to us for purpose of the WHOIS service for purposes of allowing, enabling or otherwise supporting the transmission of unsolicited communications to any person, by any means, making the data available for an automated electronic query process, or providing bulk access to WHOIS data.
11. Dispute Resolution
11.1 auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
11.2 The auDRP binds you and us severally as if it were incorporated in this document.
11.3 You accept that:
* auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
* Such policies bind you and us severally as if they were incorporated in this document.
for all other terms of auDA and domain policy, please visit www.realtrack.com.au
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