Above.com Pty Ltd Domain Registrar Terms of Service

This Agreement governs your use of Above.com Pty Ltd (Above.com) Domain Registrar Services (Registrar Services). By using the Registrar Services, you are agreeing to be bound by Above.com Domain Registrar Terms of Service, which agreement is achieved by creating and/or using an Above.com Domain Registrar user account.

Changes and Modifications

Above.com reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.

Pricing

Above.com reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.

During the 30 days notice period, existing customers have the ability and right to cancel or unsubscribe Services before the new pricing is set.

Above.com offers an optional automatic renew billing service, where ongoing Registrar Services are provided in exchange for yearly fees. You have the ability to unsubscribe or cancel Registrar Services provided at anytime. Cancellations need to be made at least 2 day before the current subscription expiry date to avoid renewal charges.

Service Levels and Access

We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability.

Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid Above.com user account.

Automated solutions, including tools, software applications and online systems used to access Above.com user accounts can only be used with permission. Please contact us to obtain permission.

We reserve the right to (i) refuse the provision of Registrar Services to any user, (ii) cancel user accounts and (iii) cancel, change and modify Registrar Services offered to users.

Notices

Notices shall be in the form an email, system message alerts or as a post on the Above.com forum/blog.

By opening an Above.com account you agree to receive emails from Above.com and related entities. You have the ability to unsubscribe at anytime.

Termination

Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

Warranty

The Above.com Registrar Service relies on many third party Domain Registries, including but not limited to: Verisign, Neustar, PIR, Afilias, Nominet and others.

Above can not be held liable for delays, data skews or inconsistencies provided by third party providers.

Above can not accept any liability for interruption of services due to third party service interruptions.

We also warrant that Above.com will not violate any third party contractual obligations in relation to third party providers.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable Registrar Services concerned.

Release and Indemnification

Above.com customers releases and forever discharges Above and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above services.

Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Governing Law

This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above will comply with all applicable laws under this jurisdiction.

Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Privacy Policy

Click here for our Privacy Policy.