2005-03 - Registrant Warranties Policy

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Policy No: 2005-03
Publication Date: 15/03/2005
Status: Replaced by Policy No 2008-07
 

1. BACKGROUND

1.1 This document sets out auDA's policy on:

a) the warranties that a registrant must make when applying to register or renew the registration of a domain name; and

b) the way in which registrars must bring such warranties to the attention of a registrant when the registrant applies to register a domain name.

2. PURPOSE OF POLICY

2.1 auDA''s Registrar Agreement requires all Registrant Agreements to contain a statement by the registrant that the registrant meets, and will continue to meet, the eligibility criteria for a domain name. If a registrant ceases to meet such criteria, then the domain name can be cancelled by either the Registrar or auDA.

2.2 In November 2004, auDA accepted a recommendation by the Name Policy Review Panel that the registrant warranty statement should be strengthened, and should include a more explicit warning about the consequence of false warranty.

3. MANDATORY WARRANTIES

3.1 By making an application to register a domain name or to renew the registration of a domain name, a registrant makes, and will be taken to have made, the warranties set out in Schedule A. The warranties are made to the relevant registrar and to auDA.

3.2 The warranties are continuing warranties, and they continue to apply for the duration of the domain name licence. They are not affected by the registration or renewal of the domain name.

4. REGISTRANT WARRANTY STATEMENT IN ALL APPLICATION FORMS

4.1 Domain Name Suppliers (that is, a Registrar or a Reseller) must ensure that the registrant warranty statement set out in Schedule B (or in a form substantially similar to that set out in Schedule B) appears prominently on all domain name applications or renewal forms.

4.2 If applications for domain names are submitted:

a) electronically, the registrant warranty statement must appear prominently immediately above the button to be used to submit the application; or

b) on paper, the registrant warranty statement must appear prominently immediately above the signature panel for the registrant.

4.3 The registrant warranty statement must appear in bold, in a font size of at least 10 point, in a strong contrasting colour to the background colour.

5. AMENDMENT TO MANDATORY PROVISION – REGISTRANT AGREEMENT

5.1 In addition to the registrant warranties set out in the mandatory provisions for Registrant Agreements (see Schedule B of the Registrar Agreement – clause 8), all Registrant Agreements must also contain the mandatory provision set out in Schedule C below.

SCHEDULE A

REGISTRANT WARRANTIES ON REGISTRATION OR RENEWAL OF DOMAIN NAME

The registrant makes, and is taken to have made, the following warranties, when applying to register or renewal the registration of a domain name:

a) all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;

b) the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA''s published policies for the domain name for the duration of the domain name licence;

c) the registrant has not previously submitted an application to apply for the same domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;

d) the registrant is aware that even if the domain name is accepted for registration, the registrant''s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name;

e) the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

SCHEDULE B

REGISTRANT WARRANTY STATEMENT ON DOMAIN NAME APPLICATION FORM

IMPORTANT NOTICE: By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name.

SCHEDULE C

REGISTRANT WARRANTY IN REGISTRANT AGREEMENT

The Registrant makes the warranties set out in auDA''s Registrant Warranties Policy (2005-03, and any other policy introduced by auDA in substitution, replacement or amendment to that policy). The warranties include, without limitation, that all information supplied to the registrar for the registration of the domain name are true, complete and correct. The Registrant accepts that auDA or the registrar can cancel the registration of the domain name if any of the warranties are not true.