DomainName.edu.au - Policy 4: Guidelines for Applicants and Registrants on .edu.au Policy Rules

1. Purpose of Guidelines

The purpose of these guidelines is to provide information for applicants and registrants on the policy for the closed .edu.au 2LD. An entity granted a .edu.au domain name licence is subsequently referred to as a 'registrant'. It is the responsibility of all applicants and registrants, in accordance with their registration application and subsequent agreement, to ensure that they comply with the .edu.au domain Policy when submitting an application to register or renew a domain name in the .edu.au 2LD. To that end, applicants are required to warrant to the .edu.au Registrar that they satisfy the rules, as set out in the Warranty Statement at the end of this document.

2. Eligibility and Allocation Criteria

Policy 1, The .edu.au Policy and Governance Framework includes the eligibility and allocation criteria for registration in the .edu.au 2LD.
Policy 2, .edu.au Eligibility Policy includes a table listing the types of entities which will be considered.

3. Domain Name Applications

The .edu.au Registrar will provide an Application Form for applicants, which includes a Warranty Statement (provided at the end of this document).
The .edu.au Registrar and the .edu.au Registry operator are required to comply with the Information Privacy Principles outlined in the Privacy Act (Cth) 1988 in all dealings with registrants.

4. Rules for the closed 2LD, .edu.au

Before determining that a domain name application meets the Eligibility and Allocation criteria for the closed 2LD, .edu.au, the .edu.au Registrar will check that the application complies with edu.au policy.
1. Throughout the term of the Registrant Agreement, the Registrant must:
  1. comply with .edu.au policies;
  2. give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.
2. The Registrant must not, directly or indirectly, through registration or use of its .edu.au Domain Name or otherwise:
  1. register a .edu.au Domain Name for the purpose of selling it;
  2. register a .edu.au Domain Name for the purpose of diverting trade from another business or web site;
  3. deliberately register misspellings or another entity's company or brand name in order to trade on the reputation of another entity's goodwill: and
  4. register a .edu.au Domain Name and then passively hold a .edu.au Domain Name Licence for the purpose of preventing another registrant from registering it.
3. The Registrant must not in any way:
  1. transfer or purport to transfer a proprietary right in any domain name registration;
  2. grant or purport to grant a registered domain name as security; or
  3. encumber or purport to encumber a domain name registration.

5. Verification of Registrant Eligibility Criteria

Applicants must provide sufficient identification to demonstrate that they meet the eligibility criteria for the closed 2LD, .edu.au. The .edu.au Registrar will verify the applicant's identification details to confirm that the registrant meets the eligibility criteria. Policy 1: .edu.au Policy and Governance Framework, Section 7 sets out the reasons for revoking a .edu.au domain licence.
Where a person believes that a registrant is not eligible to hold a .edu.au domain name licence, that person may contact the .edu.au Registrar. Complaints about the eligibility of a registrant to hold a domain name licence in the .edu.au domain space will be dealt with according to the provisions listed in Policy 7: Complaints (Registrant Eligibility) Policy.

6. .edu.au Domain Name Renewals

Policy 1, Section 7 sets out the schedule and procedures for renewal payment, non-payment, expiry and deletion of .edu.au domain names. Policy 1, Section 7 also sets out the reasons for termination of the licence to use a .edu.au domain name. To obtain a .edu.au domain name renewal, the registrant must provide confirmation that their eligibility details are still current. If the registrant's details have not changed, the .edu.au Registrar will rely on the registrant's warranty that they still meet the relevant policy rules.

7. Complaints Policy

The .edu.au Complaints Policy (Policy 6) covers the handling of complaints made by registrants and other members of the public about the .edu.au Registrar.
If a domain name application is rejected by the .edu.au Registrar because it does not meet the relevant policy rules, the applicant has the right to seek an independent review of the .edu.au Registrar's decision.

8. Dispute Resolution Policy

auDA Policy 2002-22; .au Dispute Resolution Policy (auDRP) applies to the .edu.au domain space. The purpose of the auDRP is to provide a cheaper, speedier alternative to litigation for the resolution of disputes between the registrant of a .edu.au domain name and a party with competing rights in the domain name. The .edu.au Registrar's obligations in the auDRP are set out in auDA's Policy 2003-01: .au Dispute Resolution Policy (auDRP) - Clarification of Registrar Obligations

9. Review of Guideline Information for Applicants and Clients

From time to time, this document may be updated for the purposes of clarification or correction, or to maintain consistency with auDA published policies.

10. Registrant Warranty Statement

It is the responsibility of all registrants, in accordance with their registration application and subsequent agreement, to ensure that they satisfy the relevant policy rules. To that end, an applicant is required to warrant to the .edu.au Registrar that they satisfy the rules.

The .edu.au Registrar will use the warranty text provided below in their domain name application form:

By submitting this Application Form, you (the Applicant):

warrant that all the information contained in this Application Form, and all supporting documents provided to the Registrar, are true and accurate to the best of your knowledge;
give the Registrar permission to contact third parties, investigate, request and obtain additional information and documentation, and otherwise verify the information contained in this Application Form; and
waive liability on the part of the .edu.au Registrar for its actions in verifying the information provided in this Application Form, and on the part of any third parties who provide truthful, material, relevant information about you;
waive liability on the part of the .edu.au Registrar if your application is accepted or rejected on the basis of any false or misleading information contained in this Application Form;
warrant that if the application refers to an educational project or programme, you are the owner or principal administrator of that educational project or programme;
acknowledge that if your application is accepted on the basis of any false or misleading information contained in this Application Form, AICTEC reserves the right to cancel your domain name licence at any time; and
acknowledge that your entitlement to a .edu.au domain name may be challenged by a third party with legitimate rights in the .edu.au domain namespace.