In order to become a user of any New Domain Registrar services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or use of any New Domain Registrar services, whichever occurs first.
The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection and associated services and Secure Web Page services to be provided by New Domain Registrar to you from time to time, as well as any goods or services provided by us under any reseller.
- Server means the computer server equipment operated by us in connection with the provision of the Services.
- Web Site means the area on the Server allocated by New Domain Registrar to you for use by you as a site on the Internet.
- Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted.
- Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.
2. New Domain Registrar General Terms & Conditions
The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below. By utilising New Domain Registrar’s services you are deemed to have accepted these terms and conditions and are bound by them.
2.1 Service availability
2.1.1 We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
2.1.2 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
2.2 Intellectual property rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to New Domain Registrar, and merchant services agreements between you and the relevant financial institutions.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
2.4.1 We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
2.4.2 We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
2.4.3 We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
2.4.4 On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
2.4.5 On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
2.4.6 Without limiting the section below on our Exclusion and limitation of liability, New Domain Registrar will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
2.4.7 If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, New Domain Registrar will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but New Domain Registrar will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of New Domain Registrar.
2.4.8 New Domain Registrar shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.
2.4.9 If you wish to terminate your account with New Domain Registrar, you must do so by completing the a request to the billing department via your client area, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, New Domain Registrar will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the client area, select tab ‘Support Tickets’ then create a new ticket to the billing department.
2.4.10 New Domain Registrar does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.
2.4.11 In the event of customer requested cancellation of a renewed service, New Domain Registrar will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.
2.5.1 All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
2.5.2 The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
2.5.3 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
2.5.4 Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
2.5.5 Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period.
2.6 Account fee
If you nominate that the good(s) or service(s) you have purchased to be invoiced, you will be charged a $4.40 account fee per invoice issued.
2.7 Late payment fee
If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
2.8 Exclusion and limitation of liability
2.8.1 TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2.8.2 Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2.8.3 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
2.8.4 In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
2.9 Important note:
2.9.1 If any goods or services supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation New Domain Registrar limits its liability (including any consequential losses sustained by you) to payment of an amount equal to:
2.9.1.a) in relation to goods
2.9.1.a.i)the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
2.9.1.a.ii)the repair of the goods or payment of the cost of having the goods repaired;
2.9.1.b) in relation to services 2.9.1.b.i)the supplying of the services again; or
2.9.1.b.ii)The payment of the cost of having the services supplied again as in each case we may elect.
2.9.2 Except as otherwise specified herein, New Domain Registrar is not liable for default or failure in performance of its obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of New Domain Registrar.
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you – to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
2.13 Change to terms on renewal
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
2.14 Entire agreement, governing law
2.14.1 These terms and conditions plus the New Domain Registrar terms and conditions of supply (if any) for each specific type of service supplied by New Domain Registrar constitute the entire agreement between New Domain Registrar and you (“the Contract”), and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the Contract unless it is in writing and signed by authorised representatives of you and New Domain Registrar.
2.14.2 The Contract is to be interpreted in accordance with the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia (Sydney Registry) and appeal courts therefrom in relation to any dispute arising hereunder.
2.15 Joint liability
If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally. 2.16 Consent to communications In addition to general Account, Billing and Service communications, New Domain Registrar will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by following ‘unsubscribe’ instructions contained within the communications. You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you. Please review our Privacy Statement for full details of our use of personal data.
3. Domain Name Registration
3.1 Rules of registration
3.1.1 We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
3.1.2 If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
3.1.3 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
3.1.4 We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
3.2 Registrant agreements
3.2.1 .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
3.2.2 .org.au and .asn.au can only be registered by a “non-commercial organisation”. The domain name you register needs to have a solid relationship to the organisation to which it represents.View the .au Domain Registrant Agreement
3.2.3 .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant’s personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
3.2.4 .au.com domain names are not restricted or regulated by .au policy rules and can be registered by anyone. View the .au.com Domain Registrant Agreement
3.2.5 .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
3.2.6 .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
3.2.7 .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them – there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
3.2.8 .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them – there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
3.2.9 .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
3.2.10.cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement
3.3 Registrants rights and responsibilities
All Registrars, including New Domain Registrar, are bound by the 2009 Registrar Accreditation Agreement (RAA) between ICANN and it’s accredited registrars. We encourage all domain registrants to read this document and understand your rights and responsibilities for domain registrations: Registrants Rights and Responsibilities.
3.4 Domain Privacy Services
All whois privacy applications are subject to the relevant requirements and policies and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by New Domain Registrar.
3.5 Domain Backorder Services
A Domain Backorder service means a request by you to New Domain Registrar for a domain name that is not available for public registration at the time the back order request is submitted, but which we will monitor and if and as the domain selected becomes available for public registration New Domain Registrar will attempt to register it on your behalf.
3.5.1 Domains will only become available if:
3.5.1.a They are not renewed within the specified policy framework for the relevant domain space and are purged by the Registry; or
3.5.1.b The registry is specifically instructed by the domain owner, or a relevant authority to delete the domain
3.5.2 By entering into a domain back order service on any domain you agree and understand that:
3.5.2.a The domain may never become available for public registration at any time in the future and that New Domain Registrar has made no warranty or representation express or otherwise that we will be able to register your back order requested domain at any time; and
3.5.2.b You will not hold us liable in any way whatsoever if we are unable to register your back order requested domain name; and
3.5.2.c Domain back order fees are not refundable at any time, including should we not be able to register your back order requested domain name if and as it becomes available for registration; and
3.5.2.d A selected domain name shall be registered using the Registrant details supplied at the time the back order agreement is entered into by the respective parties. These Registrant details are not able to be subsequently modified or otherwise changed; and
3.5.2.e Should any domain name be registered via the back order service, the cost of that registration is included in the back order fees and charges that have been paid as part of the defined service; and
3.5.2.f Domain back orders are accepted on a first come, first served basis. Any duplicate (or multiple) applications will be prioritised in the chronological order of acceptance of those orders. New Domain Registrar will not at any time disclose the acceptance of competing orders; and
3.5.2.g The domain back order service is an ongoing annual service commitment, and will incur a specified annual fee. New Domain Registrar shall continue to monitor and otherwise attempt to register a back ordered domain until such time as you cancel this service using the prescribed method of service cancellation. You can terminate the agreement at any time, on the basis that prepaid service fees are non-refundable.
3.6. .au Pre-Registration
On purchasing a .au pre-registration you confirm you are eligible to hold this au. domain according to the eligibility policy and agree to forfeit the domain pre-paid registration fee in the event you become ineligible to hold this .au domain
In the event you are ineligible to hold this .au domain as at the date you submit this application; or, fail to maintain eligibility to hold your .au domain, your pre-paid .au domain registration will not be refunded. It remains your responsibility to ensure that you are eligible to hold your .au domain.
4. Web Hosting/Email/Secure Webpage/Virus Protection
4.1 We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
4.1.1 you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
4.1.2 you will not knowingly or recklessly post, link to or transmit any material:
4.1.2.a that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
4.1.2.b containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
4.1.3 you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. New Domain Registrar reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
4.2 You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), New Domain Registrar reserves it right to terminate services without prior notification.
4.3You warrant, undertake and agree that:
4.3.1 any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
4.3.2 the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
4.3.3 you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
4.4 Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
4.5 We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
4.6 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. New Domain Registrar will provide an online interface allowing authorised users to monitor website data traffic.
4.7 The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository. Furthermore, you warrant to New Domain Registrar that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of New Domain Registrar. Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
4.8 For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
4.9 For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
4.10 All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
4.10.1 Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
4.10.2 Running standalone, automated server-side processes including, but not limited to any daemon.
4.10.3 Running any bit torrent application, tracker or client.
4.10.4 Participating in file sharing or other peer to peer sharing activity.
4.10.5 Executing any script for longer than 180 seconds.
4.10.6 Executing any database query that takes longer than 30 seconds to complete.
4.10.7 Specifying cron tasks that execute more frequently than every 300 seconds.
4.11 Software Hacks and Exploits: Exposed security vulnerabilities and website hacks are caused by malicious end users. Fixing a website that has been hacked and/or upgrading software to prevent known security vulnerabilities is your responsibility. If a site has been hacked or found to contain malicious code it will be immediately terminated until such vulnerability has been dealt with. Websites that have been hacked CANNOT be rolled back to a backup.
4.12 New Domain reserves the right, in its sole discretion, to close the your Account, without prior notice, for any one or all of the following:
(i) if you or any of your Account Contacts, whether intentional or unintentional, breaches any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of New Domain;
(ii) if we receive notice that you or your company will be or is subject to insolvency proceedings;
(iii) upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the Account;
(iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department;
(v) if, in our judgment, your use of the Service has the potential to pose any harm to New Domain, any of our affiliates, partners, service providers or customers;
(vi) if the Account becomes past due and is not paid within twenty days of becoming past due;
(vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you;
(viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources;
(ix) if you fail to cure any suspension of the Account or any individual Service, to our satisfaction, and within the time frame we specify; or
(x) if, in our judgment, we have received too many complaints about your Content. In the event of any such closure of your Account, you will NOT be eligible for a refund of any fees and you may be prohibited from reopening the Account, opening a new Account or accessing any existing Account. You agree that New Domain shall not be liable, in any way, for any closure pursuant to this section of this Agreement.
5. Data Management
It is the Customer’s sole responsibility to maintain regular offsite backups of their data. The Customer will not hold New Domain liable for incomplete, out of date or corrupt data recovered from backups and archives.
New Domain keeps backups of active accounts for archive purposes only. New Domain does not warrant that the backups will be current or usable for customer data recovery.
While New Domain offers daily backups, we cannot and do not warrant them to be fit or up to date. It is the customer’s sole responsibility to monitor and validate backups New Domain provides, and you agree that you will maintain your own set of backups independent of those we supply. This may be done by using the cPanel Backups feature within the hosting account. You agree that at no time will New Domain be held liable for faulty backups or data stored on our servers.
New Domain backup services are provided as-is and are subject to all limitations of liability set out in this Terms Of Service.
We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all of these communications from us by following the unsubscribe link, or setting your communication preferences in your client area.
7. AuDa Domain Renewal, Expiry and Deletion Policy