Domains Terms of Service

Fastmail Domain Terms of Service

These Fastmail Domain Terms of Service (the “Domain Terms“) describe your rights and responsibilities when purchasing, managing and renewing a domain name through us. Please read them carefully.

Definitions
1. Parties & Relationships

“We,” “our“, “us” and “Fastmail” refers to Fastmail Pty Ltd, ACN 142 646 580, PO Box 234, Collins St West 8007, Australia and “you,” “your,” and “Registrant” refers to the individual, company or legal entity that you represent.

The following documents form part of the binding “Contract” between you and us.

The ICANN standards, policies, procedures and regulations incorporated into this document by reference. These ICANN documents may be read by you by following the links included in the Schedule to this document;
Registry Documents;
These Domain Terms; and
Fastmail’s Terms of Service.

In the event and to the extent of any inconsistency between the Domain Terms and the Fastmail Terms of Service, the provisions in the Domain Terms will prevail to the extent of the inconsistency.

After you have received a copy of these Domain Terms, if you place an order or otherwise make a request for the Domain Services you will be deemed to have accepted the Contract and the terms of the Contract will apply to the exclusion of all other written agreements with us in relation to the Domain Services.

You can read more about the information that we collect about you and the way we use that information in Fastmail’s privacy policy. This Contract is also subject to Whois privacy policies.

The Contract does not grant you any right to access or use our application programming interfaces (APIs) including any of our non-public APIs, which will be governed by a separate agreement with us (e.g., our Fastmail API Terms of Service).

Definitions

Unless the context otherwise requires, the following words shall have the meaning given to them:

“ACL” means Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“ccTLD” means a country code top level domain of the Internet domain system, e.g. .nz, .us, .ca.

“Domain Services” means the domain name registration services available through the Website.

“Fees” means the fees payable by you to us for the Domain Services. “gTLD” means a generic top level domain of the Internet domain system, e.g. .com, .org.

“Personal Information” means any information about an identifiable individual.

“Registry” a provider of domain names and related services, whose domain names are made available through us, and includes the operator of a registry and/or the registrar.

“Registry Document” means a standard, procedure, policy, agreement, terms of use, and rule that is published by a Registry whose domains and services are made available through the Website and that apply to the applicable domain or service (as the case may be).

“Registered Name” means any domain name registered by you through us.

“Registered Name Holder” means the holder of a Registered Name.

“TDRP” means ICANN’s Transfer Dispute Resolution Policy, as amended from time to time, which applies to transactions in which a domain-name holder transfers or attempts to transfer a domain name to a new registrar.

“Third Party Dispute Policy” means any ICANN policy that applies to the resolution of third party disputes in relation to domain names including but not limited to UDRP, URS and TDRP.

“UDRP” means ICANN’s Uniform Domain Name Dispute Resolution Policy, as amended from time to time, that applies internationally to the resolution of disputes relating to domain names.

“URS” means ICANN’s Uniform Rapid Suspension System, as amended from time to time, that applies internationally to the resolution of disputes relating to domain names and the suspension of registrations.

“Website” means www.fastmail.com or app.fastmail.com or any other website owned by us hosted at fastmail.com

2. Member Conduct

In order to access the Domain Services, you must first set up an account with us. The Fastmail Terms of Service contain a number of provisions concerning the use of your account which apply to the Domain Services including but not limited to clause 1 (Member account, password and security), clause 2 (Message storage, file storage, outbound messages and other limitations) and clause 3 (Member conduct). You acknowledge and agree to be bound by the terms of these clauses in relation to the Domain Services.

If you breach the terms of the Fastmail Terms of Services, including and especially clause 3 (Member conduct), among other things, we may immediately suspend or terminate some or all of your access and use of the Website (or any part of the Website, including your registration of a Registered Name), your account, and/or this Contract.

3. Fees

You must pay the Fees for the provision of the Domain Services.

We will provide you with a tax invoice for Fees payable at our discretion.

Unless we tell you in writing otherwise at the time you place an order, Fees are payable at the time of purchasing the relevant service e.g. at the time of registration or renewal of a domain name.

Subject to your rights under the ACL, all Fees are non-refundable unless we otherwise advise you in writing at the time of payment.

If we do not receive payment on the due date (e.g. if your account is subject to a chargeback and the payment is disputed) or your subscription is in arrears, or if any requested identification or authorisation document is not provided to us for the purposes of managing your Registered Name on your behalf, without limiting any right or remedy of Fastmail, Fastmail may immediately and without notice take any one or more of the following actions, we may:

cancel the relevant Domain Services;
immediately suspend or terminate some or all of your access and use of the Website (or any part of the Website, including your registration of a Registered Name), your account and/or this Contract.
assume full control of all of your Registered Names.
transfer some or all of your Registered Names to Fastmail or its nominee, in partial or total satisfaction of any amount owed to Fastmail.

You agree that if Fastmail exercises its rights on a delinquent account as outlined above, Fastmail has all rights as the official registrant of the relevant domain name, including the right to sell the domain name to a third party.

We reserve the right to change the Fees from time to time. However, we will not change any Fees for an existing order, and the changes will only apply to the next payment due from you after we have provided you with reasonable notice.

Our Fees don’t include (unless specified) any statutory tax, including any GST, levied in respect of the Domain Services and not allowed for by us in calculating the Fees.

4. Termination

1. Termination through Registry changes

Where a Registry ceases to provide services on terms that are acceptable to Fastmail (including where a Registry Document is changed), Fastmail may cease to make available that service. This may mean that you are unable to renew a Registered Name.

In accordance with a Registry Document, a Registry may (or may require Fastmail to) deny, cancel, transfer, or alter a registration or transaction, or lock or suspend a Registered Name, at its discretion, including:

to correct any errors in the registration process for the Registered Name, including any mistakes made by the Registry;
to facilitate the transfer of domains from one Registry to another;
as a result of the non-payment or reversal of fees;
to protect the integrity and stability of the Registry;
to comply with applicable laws, government rules and requirements, requests of law enforcement agencies, and any dispute resolution process;
to comply with applicable ICANN rules and regulations; or
to avoid liability (civil or criminal).

2. Termination for cause

Without prejudice to any other right or remedy available to Fastmail or to any right or remedy available to a Registry under a Registry Document, Fastmail may immediately suspend or terminate some or all of your access and use of the Website (or any part of the Website, including your registration of a Registered Name), your account, and/or this Contract:

if Fastmail considers that you have breached any term of this Contract;
at the direction of a Court or other judicial body having authority over Fastmail;
at the request or direction of a Registry; or
if you have acquired a Registered Name or used any service through fraudulent means or for any fraudulent or illegal purpose.

On suspension or termination, you must immediately cease accessing and using the affected services.

3. Termination by you

We are unable to assist with transferring a Registered Name if an account is closed. Ensure you transfer your Registered Name prior to cancelling your account.

If a Registered Name is not renewed in a timely manner by you, it will lapse and we cannot guarantee you will be able to reclaim ownership of it.

Fastmail is unable to provide a refund for unused time on a Registered Name subscription.

5. Updates to these Domain Terms

1. Changes by Fastmail

Fastmail may change these Domain Terms by updating it on the Website. If there is a material change to these Domain Terms, we will provide you with notice of the change unless the change concerns a new service or feature, or unless we are required to respond urgently e.g. to comply with a legal requirement. For minor changes to these Domain Terms, unless stated otherwise, a change takes effect immediately. You are responsible for ensuring you are familiar with the latest Domain Terms. By continuing to access and use our Website and Domain Services, you agree to be bound by the changed Domain Terms. If you do not agree to the changes, you can transfer out your Registered Name in accordance with clause 7 of these Domain Terms and stop using the Domain Services.

For the avoidance of doubt, this clause 5.1 governs changes to the Domain Terms, rather than clause 11 of the Fastmail Terms of Service (Changes to these Terms of Service).

2. Registry changes

Without limiting the previous clause, the Registry may change its Registry Documents in accordance with the terms of those documents. As a result, we may need to change these Domain Terms to account for such changes.

3. Updates to Domain Services

From time to time, we may update or modify the Domain Services, for example, to add new features and functionality, or to comply with changes to the law. If we make material changes to the Domain Services that may adversely affect your enjoyment of the Domain Services, we will provide you with reasonable notice of the change except in urgent situations such as to prevent abuse or comply with the law. Depending on the nature of the update or modification, we will let you know if you have the right to end this Contract and/or transfer your Registered Name to another registrar.

4. Transfers

If you wish to transfer your Registered Name to another registrar, the transfer will be subject to the terms of the ICANN Transfer Policy, the TDRP and the UDRP.

5. Licensing to Third Parties

If you choose to licence your Registered Name to a third party, you continue to be the deemed Registered Name Holder of record and you must provide us with your own contact, administrative and technical information (as set out in clause 11.1) rather than the details of the licencee.

You, as the Registered Name Holder, will be liable and responsible for the use of the Registered Name by the third party.

6. Disputes

1. Disputes between us

Subject to the remaining provisions of this clause, these Domain Terms and any dispute under these terms, is governed by and must be interpreted in accordance with the laws of the State of Victoria, and Australia. Each party submits to the non-exclusive jurisdiction of the Courts sitting in the State of Victoria, Australia.

2. Action under UDRP

You agree that where Fastmail is required to comply with UDRP, it may take all action that the UDRP’s Administrative Panel requires in respect of a Registered Name, including locking, cancelling or transferring the Registered Name to a third party

3. Registered Name disputes

You agree that where a dispute arises in respect of a domain name (including a Registered Name) or a Registry Document, or its use, you:

must follow and be bound by the dispute resolution policy of the relevant Registry or ICANN (as applicable). ICANN’s policies, as at the date of this Contract include the URS and UDRP; and
the dispute will be governed by the laws set out in the Third Party Dispute Policy and you submit to the non-exclusive jurisdiction of the Courts that may hear disputes under the Third Party Dispute Policy, which may include the Courts in the other party’s domicile or the Courts where the Registry is physically located.4. Transfer Restriction

Where you have started a dispute or action against a third party in respect of a domain name (including a Registered Name) or a Registry Document, or its use, or a third party has started a dispute or action against you, you must not transfer the applicable Registered Name to another person unless that person agrees to be bound by the decision of the Court or arbitrator (as the case may be). This clause continues to apply until 15 days after the dispute or action is concluded.

5. Service

1. No guarantee

Fastmail registers domain names on a “first come, first served” basis and does not guarantee or warrant that any domain name applied for by you (including a renewal application) will be available or able to be registered or renewed, even if a preliminary search or inquiry indicates that the domain name is available. Reasons for a domain name being or becoming unavailable include:

the simultaneous attempted registration of the domain name by another person; or
inaccuracies or errors in the domain name registration or renewal process or related databases, including the various Whois databases and directories, and similar databases and directories.

You agree that we are not liable for any loss or damage suffered by you as a result of a domain name being or becoming unavailable.

2. Application and renewal

You acknowledge and agree to abide by the policies of the relevant Registry for your desired domain. It is your responsibility to know what these are.

Without limiting the discretion available to the relevant Registry, Fastmail may in its sole and absolute discretion, accept or reject your application for the registration or renewal of a particular domain name, including where:

the domain name is on, or is added to, Fastmail’s, a Registry’s or ICANN’s list of prohibited domains; or
You have failed to pay all or any part of a fee associated with the Domain Services.

You agree that we are not liable for any errors, inaccuracies, omissions or actions of a third party in relation to your application for the registration or renewal of a domain name.

3. Domain auto renew service

If you subscribe for an auto-renew service for a Registered Name (which may not be available for all domain names), your Registered Name will be automatically renewed for a period of time equivalent to the current period or for a period of one (1) year until you cancel the auto-renewal service for the Registered Name on prior notice to Fastmail. Auto-renewal is subject to:

Your continued compliance with this Contract; and

You maintaining sufficient credits in your account for the then current renewal fees (noting that those fees may increase from time to time).

4. We are your Designated Agent

Any change to the Registered Name Holder’s name, organization or contact details is governed by ICANN’s Transfer Policy, as updated from time to time (ICANN’s Transfer Policy).
Under the ICANN Transfer Policy:
1. “Change of Registrant” means a Material Change to any of the following:
  1. Prior Registrant name
  2. Prior Registrant organization
  3. Prior Registrant email address
  4. Administrative Contact email address, if there is no Prior Registrant email address.
2. “Designated Agent” means an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.
3. “Material Change” means a change which is not a typographical correction. The following will be considered material changes:
  1. A change to the Registered Name Holder’s name or organization that does not appear to be merely a typographical correction;
  2. Any change to the Registered Name Holder’s name or organization that is accompanied by a change of address or phone number;
  3. Any change to the Registered Name Holder’s email address.
4. “Prior Registrant” means the Registered Name Holder at the time a Change of Registrant is initiated.
5. “New Registrant” means the entity or person to whom the Prior Registrant proposes to transfer its domain name registration.
You explicitly authorize Fastmail to act as your Designated Agent to approve a Change of Registrant on your behalf when you are the Prior Registrant and/or the New Registrant in respect of any Material Change, consistent with the requirements of ICANN’s Transfer Policy. As your Designated Agent, Fastmail will have the right to approve requests to modify registrant information and changes in domain ownership.
You acknowledge and agree that:
1. as between you and Fastmail, Fastmail is solely responsible for processing any requested Material Change;
2. You are solely responsible for ensuring that you have the right to request any Material Change, and that any Material Change complies with all applicable laws and regulations and does not breach any third party rights. To the extent permitted by law, Fastmail and its related parties have no liability or responsibility to you or any other person for any act or omission undertaken as your Designated Agent;
3. in accordance with ICANN’s Transfer Policy, you may not transfer your domain registration to another domain registrar for 60 days following any Material Change, unless you opt out of that transfer lock when you request a Material Change; and
4. You must comply with any actions required by you to complete any Material Change within the time limits imposed by ICANN, and failure to do so will adversely affect the processing and completion of any requested Material Change.

6. Collection and use of personal information

1. 1. Public directories

You agree you must provide the following information for the purpose of documenting ownership and other authorizations and acknowledge that this may be made publicly available on the Whois Directory or any other public directories (collectively, Directory) with which Fastmail, ICANN or an applicable Registry is associated:

1. the applicable domain name;
2. your name and postal address;
3. the name, email address, postal address, voice and fax numbers for technical and administrative contacts;
4. the Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers);
5. the original date of the domain name registration and the domain name expiration date; and
6. the identity of the registrar.

Use of the above information by the Directory operator will be subject to the terms of trade for that Directory. Failure to provide accurate information may result in your domain being suspended.

We will use and retain the above information in accordance with our privacy policy, the Whois privacy policies, and any relevant Registry Documents or ICANN policies or procedures.

If you disclose any third party’s Personal Information to us, you warrant that you have obtained their consent to providing us with their Personal Information, you have obtained their consent to their Personal Information being made publicly available as outlined above and (if required) have provided your privacy policy to that person.

Fastmail makes use of a Whois privacy service offered by WhoisProxy.com which, where possible, is designed to act as a proxy between you and the Directory so that your Personal Information is kept confidential. The Whois privacy service retains the above information in order to act as your proxy, but does not publish or share this information. Your use of the Whois privacy service will be subject to the terms and conditions of WhoisProxy.com.

2. Use of publicly available information

You agree that the information outlined in clause 11.1 above may be shared with a Registry, in accordance with our obligations under relevant Registry Documents. This information may then be used, copied, distributed, published and/or modified by the Registry in accordance with the terms of the relevant Registry Documents. In addition, the Registry may archive the information with a reputable third party escrow agent. Where you have elected to use the Whois privacy service, your Personal Information is shielded from this disclosure, and it is the information of WhoisProxy.com that may be shared with the Registry instead.

If there is any change to the information outlined in clause 11.1 above, you must update that information within 5 business days of the change. If you fail to update the information, that will constitute a breach of this Contract, and we may exercise our rights under clause 4.2 of these Domain Terms.

DISCLAIMERS

To the extent permitted by law, Fastmail and its Related Parties have no liability or responsibility to you or any other person in connection with:

1. a particular domain name not being, and not continuing to be, available for registration or renewal;
2. the action or inaction of a Registry arising out of or in connection with your application for registration or renewal of a particular domain name, a failure to register or renew a particular domain name, or any Service provided by that Registry;
3. any action that a Registry requires Fastmail to take in respect of a Registered Name;
4. any fraudulent, illegal or inappropriate activity or content on or related to a website using a Registered Name.

INDEMNITY

To the maximum extent permitted by applicable law, you indemnify and will keep indemnified Fastmail, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, arising out of or in connection with:

1. any breach of this Contract by you, by a person acting on your behalf, or by a person using your username;
2. Your use of the Services, including your application to register or renew a particular domain name, or your failure to register or renew that domain name;
3. Your registration or use of any Registered Name, including any fraudulent, illegal or inappropriate activity or content on or related to any website associated with the Registered Name;
4. Your violation of any third party right, including any intellectual property or other proprietary rights; or
5. any legal or administrative proceeding about a Registered Name, whether initiated by you or by a third party (including the Registry), including any URS or UDRP dispute or proceeding.

General
1. No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fastmail as a result of these Domain Terms or use of the Domain Services.

1. Entire Agreement

This Contract (including, to avoid doubt, all applicable Registry Documents) constitutes the entire agreement between you and Fastmail regarding the provision of the Domain Services and supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Each party has not relied on any representation, warranty or agreement relating to the Domain Services that is not expressly set out in this Contract, and no such representation, warranty or agreement has any effect from the date of this Contract.

1. Severability

Notwithstanding that any provision of this Contract may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of this Contract shall continue in full force and effect.

1. Force Majeure

We shall be released from our obligations (and shall not be in default of this Contract or otherwise liable or responsible for any delay, breach of this Contract or failure in our performance under this Contract) in the event of an act of God, strike, lockout or other industrial disturbance or labour difficulty, national emergency, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, pandemic, lightning, storm, flood, fire, earthquake, explosion, embargo, unavailability of any essential equipment or materials, failure of the Internet, computer hacking, unavoidable accident, lack of transportation, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties renders provision of the Domain Services impractical, where all money due to us shall be paid immediately and, unless prohibited by law, we may elect to terminate the Contract.

1. Assignment

You must not assign any part of this Contract without our prior written consent.

1. Failure to Act

Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in this Contract, or our failure to exercise any right or remedy available under this Contract or at law, or our failure to insist upon timely payment of monies when due or to demand payment of any charges or Fees which accrue or any extension of creditor forbearance under this Contract shall not constitute a waiver of any subsequent default or a waiver of our right to demand timely payment of future obligations or strict compliance with the Contract.

1. Notices

All notices given by a party under this Contract must be sent by email as follows:

1. contact Fastmail at [email protected]
2. Fastmail will contact you at your Fastmail account.

Any notice sent is deemed to have been received at the time and date logged by the sender’s email server of confirmation of delivery of the email message to the recipient’s email server. You agree that the sending of notices under this Contract satisfies all legal requirements in relation to written communications.

Schedule A: ICANN Policies

By registering any domain governed by ICANN you understand and agree to abide with the following policies that govern all gTLDs at Fastmail: