TPP Wholesale Service Terms

A. Domain Names

The below clauses 1 – 4 form the registration agreement applicable to your domain name (Registration Agreement) 

1. Registration Agreement

1. This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
2. This Registration Agreement is submitted by you (being an individual or entity), the applicant for (and on registration) the licence holder of a domain name, for the purpose of becoming the licensee of a particular domain name. 

2. Rules of registration

1. A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.

2. We do not warrant or guarantee that any domain name applied for will be registered or is capable of being registered by you (or your end-customer). No action should be taken in respect of a requested domain name until notification has been provided of successful registration. You irrevocably waive any claims you may have against us in respect of the decision of a Registry to refuse to register a domain name and, without limitation, agree that any administration charges paid by you to us shall be non- refundable in any such event.

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.

4. We accept no responsibility for the use of a domain name by any party, and any disputes regarding a domain name must be resolved between the parties concerned. We will take no part in any such dispute. We reserve the right to, in our sole discretion and without providing any reason, on our becoming aware of such a dispute, either suspend or cancel the domain name, and/or to make appropriate representations and disclosures to the relevant Registry.

5. You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.

6. We may require the applicant of a domain name (who upon registration, would become the Registrant) to supply accepted photo identification (valid passport or drivers license) to verify their identity.

7. You agree to indemnify and hold harmless ICANN and the relevant Registry, and each parties’ officers, employees and agents from and against all liability to any third parties (including without limitation, any Registrants of yours) and associated costs in defending any action, claim, proceeding or demand by a third party to the extent to which liability or the claim arises from or in connection with access to our systems or use of our Services under the Agreement.

3. TLD Specific Terms

The following provision apply to this Registration Agreement depending on the TLD space of the domain name: 

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); 
2. .com.au, .org.au, .net.au and .au can also be registered using a valid Australian Trademark; 
3. .au 2TLD (second level domain name), a.k.a. “au Direct” can be registered by Australian citizens .In all cases, you will need to supply relevant information (e.g. business number if for a business) during the order process, noting that Domains can be two to 63 letters in length, and words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement 
4. .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 
5. .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 
6. .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement 
7. .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement 
8. New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. Premium domain names are also available, with the classification of “premium” determined by the Registries. View the New gTLD Domain Registration Agreement 
9. .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
10. .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
11. .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
12. .cn, .vn and .th domains can be registered in Australia but are of higher complexity so may incur delays. This information is for reference purposes only. View the .cn Domain Registrant Agreement
13. .ru and .by domains cannot be registered through, or transferred to, TPP Wholesale.

4. ICANN Mandated Terms and Materials

TPP Wholesale is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them: 

1. Mandated Provisions for gTLD Domain Name Registrations
2. Registrants Benefits and Responsibilities

5. Renewal / Expiration of the Domain Name License

1. TPP Wholesale will send certain domain expiration notices by email to you prior to and following (where applicable) the Expiry Date of the domain name license, as required by ICANN’s Expired Registration Recovery Policy. If you have selected the auto-renewal option, we will attempt to renew your domain name prior to its expiration. Where you have not elected to have your domain name automatically renewed, you may renew your domain name with TPP Wholesale at any time before the date 40 days after the Expiry Date (Renewal Deadline). You acknowledge that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to us the redemption fee.
2. Under certain circumstances it is a Registry or ICANN requirement for TPP Wholesale to contact Registrants directly. Such instances may include, but may not be limited to, renewal notifications and domain information compliance. For example, we are required to send 30-day and 5-day renewal notifications to the Registrant owner of a domain name per ICANN policy.

B. Web Hosting and Email

1. 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. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. We will provide an online interface allowing authorised users to monitor website data traffic.

2. 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.

3. Any site that uses greater than 750,000– 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. 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.

5. For any service plan which specifies UNLIMITED email accounts, should the mailboxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

6. All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited: This includes but is not limited to:

7. Running standalone, automated server-side processes including, but not limited to any daemon:

1. running any bit torrent application, tracker or client;
2. participating in file sharing or other peer to peer sharing activity;
3. executing any script for longer than 180 seconds;
4. executing any database query that takes longer than 30 seconds to complete;
5. specifying cron tasks that execute more frequently than every 300 seconds.

8. For any service plan that includes “Exchange Email” powered by Microsoft Office 365, the following terms apply:

1. Exchange Email comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service.
2. You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
3. We will setup and provision your Microsoft 365 Tenancy using the Supplied Domain Name and notify you once this has completed. You acknowledge and agree that due to technical limitations, the Supplied Domain Name will be configured to operate exclusively with this Service and cannot be used with any other email hosting facility. 
4. This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
5. We will provide you with technical support to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.
6. You acknowledge you have read and agree to be bound by:
   1. The Microsoft Cloud Agreement; and
   2. Any other terms by Microsoft related to this Service;
7. You warrant that:
   1. you have all necessary rights to any software, services or data you may use with this Service; and
   2. your access and use of this Service will not infringe any applicable laws or regulations or third party’s intellectual property rights.
8. You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
9. You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms.

C. Virtual Private Server

Acceptable Use

1. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service resulting from your failure to resolve issues that we have brought to your attention.

2. You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.

3. The following activities are expressly prohibited:

1. Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
2. Running standalone, automated server-side processes including but not limited to any daemon;
3. Running any bit torrent application, tracker or client;
4. Participating in file sharing or other peer to peer sharing activity
5. Executing any script for longer than 180 seconds;
6. Executing any database query that takes longer than 30 seconds to complete;
7. Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels

1. We warrant that your uptime availability will be at least 99.9% except where failure results from:

1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
2. Your act or omission or that of a person under your direction or control;
3. Scheduled maintenance completed within the notified maintenance window;
4. A requirement, direction or any other order issued by an authority with jurisdiction over the service;
5. Unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

2. As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

7. Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.

8. At your request, we will investigate any report of downtime and attempt to remedy any downtime expeditiously. If we reasonably determine that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

Support Services

1. Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.

2. Your obligations include:

1. Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
2. Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
3. Maintaining security of your network and applications;
4. Performing the role of “system administrator” which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

3. You acknowledge:

1. Microsoft Windows and Linux operating systems together with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
2. Technical support is limited to hardware and network failures, unless you have acquired VSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.

4. We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

D. SSL Certificates

1. Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

2. We provision digital certificates via the Certification Authorities, GeoTrust and DigiCert (for Rapid SSL). If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of either GeoTrust – which is located at http://www.geotrust.com/resources/repository/legal/– or DigiCert (Rapid SSL), which is located at https://www.digicert.com/legal-repository, according to whichever type of SSL you have purchased. Please also see this guide which applies to SSL certificates provisioned after 2019:  https://www.digicert.com/wp-content/uploads/2019/06/GT-CPS-v1.6-.pdf .

E. Other Products

1. We may provision other products and services powered by third parties. If you are purchasing or renewing these products and services, you agree to accept the relevant terms and conditions of the third-party supplier.

2. For any Brand Protection services powered by BrandShelter, you acknowledge you have read and agree to be bound by;

2. The Master Service Agreement of BrandShelter.
3. Any other terms by BrandShelter related to the service.