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.
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, whois details and any other domain related information, 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 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 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.
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.
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.
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.
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.
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.
Abuse & Complaints Handling
The complaint should be submitted via our contact form, selecting the Complaint option: https://www.above.com/contact.html
Be sure to enter the domain name, your email address, your name and describe the whois inaccuracy with as much detail as possible.
Process for whois inaccuracy complaint handling:
The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to correct the whois details of their domain name within the 7 days.
If the Registrant fails to modify the whois details and/or fails to provide Above.com with sufficient proof that existing or modified whois details are accurate; the domain name will be suspended after the allotted 7 day period has elapsed.
Spam, Malware & Phishing
Above.com does not currently provide website or an email hosting service, so the hosting service provider should be contacted regarding any Spam, Malware or Phishing complaints. We are generally unable to action spam complaints regarding domains registered with Above.com or using our Parking Manager service.
Process for spam complaint handling:
If you believe the domain owner is actively sending spam emails, please contact the domain's website/email hosting provider regarding any spam complaints.
If the website/email hosting service is uncooperative, please contact us with as much information as possible, including the email message and headers via our contact form, selecting the Complaint option: https://www.above.com/contact.html
We will review the email message and headers to determine the origin and suggest how to proceed with reporting the complaint to the appropriate service(s).
If we determine that the domain owner is deliberately hosting malware, phishing or otherwise attempting to scam users in some way, their domain will be suspended immediately.
Fake Pharmaceutical Websites
Above.com understands the danger of websites selling fake pharmaceuticals and takes any such complaints very seriously. Any complaints should be submitted via our contact form, selecting the Complaint option: https://www.above.com/contact.html and should also be sent to the service hosting the website.
Process for fake pharmaceutical website complaint handling:
The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to provide copies of appropriate licenses and authorization to sell pharmaceuticals online, within the 7 days.
If Above.com Abuse team receives proof and copies of appropriate documents, we will take measures to determine the authenticity of these documents and if necessary ask for further proof and documents. If we are satisfied that the pharmaceutical website is genuine and legitimate, we may forward the documents and proof to the complainant if authorized by the Registrant.
If the Registrant fails to provide Above.com with sufficient proof that they are authorized to sell pharmaceuticals online, the domain name may be suspended after the allotted 7 day period has elapsed.
Feedback & Complaints Regarding Above.com's Services
Please feel free to submit any feedback via our contact form. We always welcome suggestions and feedback; it helps us improve our services.
If you have a complaint regarding our service, please chat to us via live chat (available during US and Australian business hours) or submit your complaint via our contact form. Complaints submitted via email or our contact form are replied to within 1 business day.
If you are unhappy with the outcome of your complaint, you can request it is escalated. Our senior staff will review the complaint and respond within 5 business days.