COM.AU Domain Name Administration General Policy

Version 3.0 24/2/97

Introduction
Melbourne IT (Melbourne Information Technologies Australia ACN 073 716 793) is the administrator for the COM.AU domain name space. This document contains the rules for the COM.AU domain name space.

The purpose of the COM.AU domain name space is to provide Australian commercial organisations with a domain name which is :

  • unique
  • identified with the organisation
  • not confused with other organisations' domain names

This policy applies from 24th February 1997. This policy replaces the previous COM.AU Domain Name Administration General Policy which applied from 1st November 1996. All existing registered domain names, including those which do not conform to this policy, will be honoured.

This policy governs only the third level domain name space immediately within COM.AU and does not govern any other domain name spaces.

Applicant Organisations
Any legal entity which is a commercial entity that trades in Australia can register a COM.AU domain name. For the purposes of this policy a commercial entity is considered to be one that exists to make a profit.

Examples include companies, statutory corporations or authorities, incorporated associations, partnerships and sole traders.

A commercial entity is allowed one COM.AU domain name. Where separate commercial entities exist within a parent entity (for example, separate business names within a parent company), both the parent company and the separate commercial entities can apply for a domain name.

Application Details
Full and correct details must be supplied with each and every application. Failing to supply information or incorrectly completing the application form are reasons for rejecting a domain name application.

In particular, the applicant must supply administrative contact ("admin contact") details for the organisation which is applying for the domain name. The admin contact is considered to be representative of the owner of the domain name. This person must be the owner, director, or an employee of the organisation.

Where a domain name is derived from a registered business name, the full legal name and status of the owner of the registered business name must be supplied. For example, a business name can be owned by a company, partnership, sole trader or statutory corporation and others.

Detailed help is available on the application form.

Domain Name Rules
Each domain name must be a unique. The system will not accept applications for domain names that already exist in the AUNIC registry.

To be acceptable, a domain name must:

  1. be at least two characters long
  2. contain only alphanumeric characters (i.e. a-z, A-Z, 0-9) and hyphens
  3. start and finish with an alphanumeric character
  4. be directly derived from the legal name of the commercial entity. This means that the domain name can only be derived from the characters in the full legal name of the commercial entity in the order in which they appear. Additional characters that do not appear in the full legal name of the commercial entity can not be used.
  5. not be a generic word describing products (goods or services), industries, industry sectors, or organisations. Examples of unacceptable domain names include: beer (product), banking (industry), industrial (industry), company (organisation type).Generic phrases comprising of two or more generic words are allowed.
  6. not be an unqualified Australian place name.

In addition, the applicant must ensure that the use of the domain name does not contravene any third party’s rights to the use of the name

Acknowledgement and Warranties
For the administration on the COM.AU Bureau, reliance is placed upon the information and warranties supplied by applicants. By applying for a domain name, applicants warrant that:

  • the information provided in the domain name application is true and correct, and
  • the name sought does not breach any third party's rights

It is an express condition that applications indemnify the Bureau to the full extent legally permitted against all claims and demands from third parties regarding registration and continued use of domain names.

Continuation of the registration process is an acknowledgement that applicants have read and understood these rules and proceed expressly on the basis that the rules are legally binding.

Licence Rules
Successful registration of a domain name results in a licence to use the domain name for a given period (two years initially and biennially or annually renewable). The successful applicant is then referred to as the licensee of the domain name.

The fee paid to have an application processed is not refundable, whether or not the application results in a successful domain name registration.

The domain name licence is non-transferrable.

The domain name licence may be revoked:

  • when a prescribed fee is not paid
  • for breach of an applicant warranty (for example, for misleading or incorrect information on the application form)
  • where a court of competent authority determines that the domain name should not be allocated to the applicant, or should be allocated to another party
  • where the commercial entity which owns the domain name ceases to exist, or the licence to use the company or business (or other) name is revoked or lapses
  • where the commercial entity which owns the domain name changes its name; or
  • where instructed by the current licensee of the domain name

If a domain name licence is revoked, the name will remain dormant for a period of three months. During this period the original licensee may address the issue which led to the revocation of the domain name licence. After this period, the domain name will cease to be allocated and can be applied for by another party.

Dispute Resolution
In the case of a dispute with the Bureau, the disputant(s) agrees to submit to and be bound by the dispute resolution process outlined here. This dispute resolution process provides for mediation and resolution by an industry-accepted arbitration process.

The dispute resolution process is:

  1. The originator of the dispute notifies the Bureau that there is a dispute.
  2. The originator, the Bureau and any third parties must attempt to settle the dispute by negotiation and conciliation;
  3. If the dispute is not settled by negotiation or conciliation, the dispute is referred to the Australian Commercial Disputes Centre. All parties agree to be bound by the ruling of the arbiter.