Policy & Terms

Private Registry Authority Agreement

The Private Registry Authority Agreement ("Agreement") governs the terms and conditions which apply to the use of the services, data and website ("Services") provided by the Private Registry Authority ("PRA"). By using the services/website provided by PRA you (as defined below) acknowledge that you have read, understand and agree to all the terms and conditions set forth herein as well to any referred conditions, agreements or policies.

You further agree to be bound by the terms of this Agreement for transactions entered into by:

• You on Your behalf.
• Anyone acting as Your agent.
• Anyone who uses the account You have established with PRA, whether or not the transactions were on Your behalf and/or authorized by You.

You also agree to be bound by any representations made by third parties You use to purchase the services provided by PRA. You further agree to abide by the terms set out by any associated entities with relation to the services you use in conjunction with PRA Services.

Services provided by PRA

PRA’s primary objective in the provision of Services is to maximise Your right to privacy whilst you maintain valid domain license registration.

By subscribing to PRA Services through an affiliated Registrar You will be placing any designated domain name registration’s under the care of PRA. On Your behalf PRA shall keep your name, postal address, email address, phone and fax numbers confidential, subject to terms contained herein. PRA information will be made publicly available in the WHOIS directory as determined by ICANN (and other relevant entity) policy. Whilst every effort will be made to maintain normal domain name registration benefits, it is Your responsibility to ensure the cancellation of PRA Services should they be required to restore full benefits.

Any reports of abuse or infringement of trademarks or other rights of third parties may be reported through the Registrar directly in accordance with the Registrar’s relevant terms. Any circumstances under which communications will be relayed, services will be terminated, identity and/or contact data shall be revealed and/or published, and any support services will be in accordance with the terms and conditions of the relevant Registrar.

Domain name registration benefits

Although PRA will be maintained as the listed Registrant, Admin, Billing and Technical contact for the duration on Service maintenance to the designated domain name registrations, PRA will endeavour to maintain full benefits of domain registration, subject to applicable registry (and related entity) requirements.

This includes:

• The right to sell, transfer or assign each name registration.
• The right to control the use of domain name registration (name server delegation).
• The right to cancel domain name registration.
• The right to cancel PRA Services, restoring Your details as listed registrant on WHOIS.
• The right to renew domain registration, subject to applicable domain Registry policy.
• The right to respond and resolve any dispute or claim arising with connection to Your domain name registration. Subject to terms contained herein, PRA shall in all events supersede any and all rights set forth.

Obligations, Representation & Warranties

You agree to provide to us Your accurate and current information as to:

• Your name and postal address.
• The email address, postal address, phone and fax numvers for the domain registrations;
• Registrant Contact
• Admin Contact
• Billing Contact
• Technical Contact
• The primary, secondary and any tertiary name servers to which the domain points.
• The domain names original date of registration and expiration date.

You agree to:

• Notify PRA within five (5) business days of any change to personal information You provided on subscription to PRA’s Services.
• Respond within five (5) business days to any query made by PRA to determine validity of personal information provided by You.
• Respond to any communication to you from PRA regarding correspondence PRA has received that is either addressed to or involves Your domain name registration.

It is Your responsibility to ensure the accuracy of information provided with relation to Your domain name. You will maintain all liability should any action, legal or otherwise arise as a result of incorrect information. Likewise it is Your responsibility to ensure Your domain name registration remains active with the nominated Registrar. PRA Service subscription is valid and active whether or not the domain is in active state. No refund, full or pro rata will be provided if a domain name registration expires, is deleted or cancelled during the PRA subscription term.

You understand and agree that PRA has absolute power, in its sole discretion, without any liability whatsoever to:

• Close Your PRA account (reverting You as the listed Registrant)
• Disclose Your name and personal information when:
• Required to do so by law.
• To comply with legal process served upon PRA.
• To comply with rules, policies or procedures maintained by the registries and their governing bodies (e.g. ICANN).
• Take any action PRA deems necessary to:
• Protect the integrity of the registrar, registry and associated parties.
• Comply with applicable laws, rules, requirements, subpoenas, court orders or requests of law enforcement.
• Comply with applicable rules, polices and dispute resolution processes relating to Your domain name registration.
• Avoid legal liability on the part of PRA, its parent companies, subsidiaries, affiliates, shareholders, agents, offices, directors and employees.

It is not acceptable to use our service(s) to:

• Violate copyright or other intellectual property rights.
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials.
• Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language.
• Misrepresent or defame others.
• Commit fraud.
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet.
• Damage, modify or destroy the files, data, passwords, devices or resources of PRA, other users or third parties.
• Engage in misleading or deceptive on-line marketing practices.
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law.
• Make an unauthorised transmission of confidential information or material protected by trade secrets.
• "Spam" or engage in "spamming" activities as defined in clause 4.
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material.
• Post or transmit defamatory, harassing, abusive or threatening language.
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks.
• Facilitating a violation of this policy.
• Perform any other action through utilization of any service which we deem unsatisfactory.
• Attempt to do any of the above.

In the event of any action being taken on your PRA Services, whether authorised or actioned by Yourself or by PRA, neither PRA nor your Registrar will refund any fees paid by You whatsoever.

Correspondence

Correspondence will occasionally made directed to you as the domain name registrant issued to PRA via PRA’s contact details as per PRA Service. You agree to waive all liability claims arising from Your failure to receive all such correspondence.

Privacy Policy

Below is our privacy policy. This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

• You provide us with all information marked as compulsory on the relevant application forms.
• You warrant that all information provided to us is complete, accurate and up to date at all times.

Information that is collected

We collect or maintain the following personal information about our users:

• Name.
• Address.
• Telephone Number.
• Email Address.
• Username & Password.
• Credit Card details (if applicable).

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously.

Cookies

Our website may track user access sessions using cookies, without your specific knowledge or participation, by automated means in the course of your use of our network. Cookies are a Web browser technology that is used to improve your experience of using our website, but are not used to record any personal information. You may disable cookies in your Web browser at the cost of some possible loss of functionality in your use of our website.

Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.
The personal information we collect may be used for the following purposes:

• To administer our network.
• For billing purposes.
• For any other purpose for which you would reasonably expect your personal information to be used.
• For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988.

Disclosure of your personal information

Your personal information may be disclosed in the following circumstances:

• To authorised officers of PRA and our agents for the purpose of administering our network or for billing or credit collection purposes.
• Under compulsion of law, for example if a warrant or court order is received.
• To lessen or prevent a serious and imminent threat to an individual's life or health.
• To you or with your consent.
• For any other purpose authorised by the National Privacy Principles set out in the Privacy Act of 1988.

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at ceo@privateregistryauthority.com. The Privacy Officer shall attend to your request on a confidential basis within 14 days of the request being received.

Fees for access to personal information

No fee will be levied for access to information described in above clause.

Refusal of access

Access of your personal information may be refused if:

• Providing access would pose a serious and imminent threat to life or health of a person
• Providing access would create an unreasonable impact on the privacy of others
• The request is frivolous and vexatious
• Denial of access is authorised or required by law
• For any other reason authorised by the National Privacy Principles set out in the Privacy Act of 1988

Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention which you may do by email to the Privacy Officer at ceo@privateregistryauthority.com.

Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

Amendments to privacy policy

We may amend the terms applying to the use of your personal information at any time, subject to informing you of the amendments by publishing the revised policy on our website.

Liability & Indemnity

This agreement does not exclude some laws, particularly the Trade Practices Act 1974. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement.

• PRA excludes all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition")
• The liability of PRA to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of PRA, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of PRA is not limited under this Agreement)
• PRA is not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to PRA
• You shall not hold PRA liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit
• You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve PRA from any such legal responsibility in this regard
• You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of PRA. PRA exercises no control whatsoever over the content of the information passing through the Services

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators’ policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.
You must indemnify, defend and hold harmless:

• PRA in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)
• All directors, offices, employees, agents and affiliates of the above from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services.

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

Amendment & General

We may amend this policy at any time. It is your responsibility to review our website periodically to ascertain whether this policy has been changed. The amended policy will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments.

This policy is governed by the law of Western Australia.

Each party submits to the exclusive jurisdiction of the courts of Western Australia.

This policy embodies the entire understanding and agreement between the parties as to the subject matter of this policy.