Account Terms and Conditions
Date: June 2013

Please take time to read these terms and conditions carefully. It is important for both of us that you understand the important conditions and obligations contained in these terms and conditions, which apply in respect of the provisioning of, and access to, Florence Road’s My Account service.

1. I warrant that:

I am the licence holder of any domain names listed in My Account, whether added at the time of registration or subsequent to registration, and that I am not the agent for managing any of those domain names.

If I am not the licence holder of any of the domain names listed in My Account then I agree that Florence Road may in its sole discretion, on providing written notice to me:

  • de-activate My Account without refunding any fees paid by me in respect of My Account; and/or
  • require that I transfer any domain names listed in My Account out of My Account to the account of the licence holder of such domain names, or as otherwise agreed by the parties. I agree that where required to take such action by Florence Road I will promptly comply with such requirement, and/or
  • notify the regulator of the relevant domain or, if there has been a potential or actual breach of a legal requirement, notify the relevant law enforcement agency or regulator.

I am the legal and rightful owner of each product and service listed in My Account, whether added at the time of registration or subsequent to registration of any domain name listed in My Account (if applicable), and I am not the agent for managing any of those products and services.

If I am not the legal and rightful owner of any product and service listed in My Account then I agree that Florence Road may in its sole discretion, on providing written notice to me de-activate My Account without refunding any fees paid by me in respect of My Account.

All the information supplied by me to Florence Road in relation to My Account:

is true and correct and that any future additions or alterations to such information will be true and correct; and

will not infringe the rights of any third party.

I will keep the contact details of all domain names and products and services listed in My Account up to date.

I will comply with Florence Road’s reasonable requirements, procedures and processes in respect of my use of My Account.

2. I agree that:

If as reasonably determined by Florence Road in its sole discretion, I, or any other person, use the My Account service in connection with:

  • any activity that infringes the intellectual property rights or other rights of third parties;
  • any activity that defames or disparages any person;
  • any otherwise illegal or fraudulent activity, Florence Road may, on providing written notice to me:
  • suspend or de-activate My Account without refunding any fees paid by me in respect of My Account; and/or
  • require that I transfer any domain names listed in My Account out of My Account to the account of the licence holder of such domain names, or as otherwise agreed by the parties. I agree that where required to take such action by Florence Road I will promptly comply with such requirement, and/or
  • notify the regulator of the relevant domain or, if there has been a potential or actual breach of a legal requirement, notify the relevant law enforcement agency or regulator.

Florence Road may contact third parties as is reasonably necessary for Florence Road to verify that any information supplied by me to Florence Road in relation to My Account is true and correct.

Florence Road, its employees, officers, contractors or agents are not liable for any cost, loss or damage suffered or incurred by me arising from Florence Road’s provision of the My Account service to me or my use of the Florence Road My Account service.

The My Account service is essentially based on a self-service model. However, if I require additional assistance, I may contact Florence Road and seek assistance. Florence Road may, in its discretion, agree to provide this additional assistance but is not obligated to do so. Where Florence Road agrees to provide additional assistance, I acknowledge and further agree that Florence Road does not provide any legal opinions or advice in relation to assistance sought or additional assistance provided, and that to the maximum extent permitted by law, Florence Road’s aggregate liability to any party for damages (regardless of the legal basis on which they arise or are incurred) in respect of any such additional assistance is limited to the amount of AUD $100.

I indemnify Florence Road, its employees, officers, contractors or agents from any cost, loss or damage suffered or incurred by Florence Road arising from Florence Road’s provision of the My Account service to me or my use of the Florence Road My Account service, other than in respect of any cost, loss or damage incurred by Florence Road in respect of a claim arising directly in relation to clause 2(4) above.

If any legislation implies any terms or warranties into these terms and conditions, I agree that Florence Road’s liability under these terms and conditions for a breach of that term or warranty is limited to, in the sole discretion of Florence Road, the re-supply of the goods or services again, or the payment of the cost of having the goods repaired or replaced, or the services supplied again.

Florence Road will not be responsible for any failure to meet its obligation under these terms and conditions or any other failure to comply with these terms and conditions to the extent that failure is caused by any event beyond Florence Road’s reasonable control.