Professional domain name management

Terms and Conditions of WebAddress Membership

Our Services and Guarantee to you
What we Provide to You
Your Obligation to Pay Us
Refunds
Your Use of our Services
Confidentiality
Use of Personal Infomation
Additional Rights of WebAddress as the Service Provider
Communications and Notices
Limits on our Liability
Indemnity
Force Majeure
Other Terms

1. Our Services and Guarantee to You

We agree to provide you with domain name management, registration and renewal services. We are a business orientated service. We will not be providing membership to the general public. We provide services related to domain names, we don't do hosting, and we will not contact your clients. The only contact we have is with you. Our system has been designed to be as anonymous as possible.

2. What we Provide to You

We agree to provide domain name management, registration and renewal services to you through our host computers but only on the following basis:

We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.
But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".
The reasons for these limits on our service levels are because:
- We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
- Our services may be used by you for purposes we do not know about and have no control over.

3. Your Obligation to Pay Us

In return for access to our service, you agree to pay the specified subscription and other charges (as notified on the WebAddress web pages).

In particular, you are aware of the following:

We do not provide credit. Services must be paid for at the time of order. The method of payment is either by credit card or you may utilise any account credit that you have. You may add funds to your account in order to maintain a credit balance.
In some circumstances, for example, if the minimum monthly fee is being incurred, your account may have a negative balance. You are required to deposit funds with seven days in order to achieve a positive balance. If the account is not paid by the due date you are liable for a fee equivalent to 15% of the overdue portion of your account, with a minimum fee of $10.00.
If your account is overdue for a period of two months, your account will be closed and your details referred to our debt collection agency or credit reference agency without notice to you.
You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.
Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
You agree to give us not less than 30 days written notice that your account is no longer required. Until we receive this notice your are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not.

4. Refunds

Our refund policy is as follows:

Members who close an account with a credit balance of $10.00 or more can have that credit carried over, should they choose to reopen that account within three months.
At our discretion, if we consider that you have received poor service from us we may provide a credit to you.
If you subsequently close your account, that credit will be carried over should you choose to reopen that account within three months.
With the exception of customers closing accounts within 30 days of becoming registered, there are no refunds for credit balances on accounts.

5. Your Use of our Services

We provide a domain name management, registration and renewal service.

In using our services you agree to the following:

You will maintain the security of your account login and password. You agree to change your password when requested to do so by us.
As we do not own or control all of the various facilities and communication lines through which access may be provided to you, we are not responsible for security.
You warrant and agree not to use the service to breach anyone else's rights or to break the law. This includes but is not linited to infringng fair trading legislation, breach of copyright, trademark, third party's contractual or tortious rights or other intellectual or industrial property right of any third party and WebAddress; or is otherwise in breach of any provision of any statute, regulation or rule of law. You must indemnify us against any claims or legal proceedings which are brought or threatened against us by any other person. We explain what this means in the section entitled "Indemnity".
You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
You agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. Any "one-to-many" Internet communications used for advertising purposes, whether IRC, email or other link or medium is a serious breach of these terms and conditions. If you do not comply with this requirement you will be immediately terminated from our service without warning. You agree to pay us upon demand any costs or losses incurred by us as a result of your using our service in those ways.

If you do not follow these rules and we are sued or suffer loss you agree that we can recover our costs and losses directly from you upon demand.

6. Confidentiality

We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that you use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.

7. Use of Personal Information

If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes.

You authorise us and our agents to supply and disclose personal information as to your credit-worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services.

Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.

8. Additional Rights of WebAddress as the Service Provider

We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.

Member use of our services may sometimes result in overload. We have the right to terminate any process that appears to be causing an overload on a server.

9. Communications and Notices

We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.

We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) on the world wide web on our home page or any other appropriate means.

Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.

10. Limits on our Liability

By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either express or implied.

In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.

11. Indemnity

You must indemnify us against any claims or legal proceedings arising from your use of the service under this Agreement (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement), which are brought or threatened against us by any other person.

12. Force Majeure

If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.

13. Other Terms

You also agree to abide by the specific terms that govern each registry. These include but are not limited to .nz Terms, gTLD Terms, .uk Terms, .tv Terms, .us Terms and the Nominet Terms.

WebAddress - professional domain name management