Terms & Conditions – Domain Registration
IMPORTANT NOTICE
This document contains the Terms and Conditions for registration,
transfer and updates to Domain Names in the .co.za,
.web.za, .org.za, .net.za, .africa, .capetown, .joburg and .durban namespaces. These terms are part of and incorporate
by reference the Biohost General Terms.
Please note the following important clauses:
·
You license a domain name to a 3rd party, you will be liable for harm
that arises as a result (clause 7.3)
·
You warrant that certain information given to us is correct and that you
will not use the domain name to infringe intellectual property or in unlawful
ways; you indemnify us and the registry if any loss results from a breach of
this warranty (clause 8).
·
You consent to processing of personal information as described in
clauses 10.1 and 10.2
·
If you submitted personal information from a third party, you warrant
that you have obtained consent from that party (clause 10.4)
·
You exempt and indemnify the registry from all loss relating to its
registration of a domain name (clause 11)
1
Definitions
The following definitions apply to these
Registrant Service Terms:
1.1. "Administration Sites" means
the Registry’s official administration website/s including, but not limited to: http://www.registry.net.za and the Registrar’s official
administration website/s including, but not limited to: http://www.biohost.co.za.
1.2. "Agreement" means the Application
read together with these Registrant Service Terms.
1.3. "Applicant" means the party
making application for the delegation, transfer or update of the Domain Name in
terms of this Agreement, and who will be identified as the Registrant in the
Application.
1.4. "Domain Name" means the Domain
Name in the Namespace, designated in the Application, and governed by the
Agreement.
1.5. "Effective Date" means, in
respect of the delegation of the Domain Name to the Applicant, the date on
which such delegation is registered by the Registry (as evidenced by an
electronic message from the Registrar to the Applicant confirming same).
1.6. “General Terms” means the Registrar’s (Biohost’s) General Terms
1.7. “ICANN” means the Internet Corporation
for Assigned Names and Numbers, a California non-profit, public benefit
corporation.
1.8. “Namespace” means the
.co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.
1.9. “Personal Information” means information
relating to an identifiable, living, natural person.
1.10. “Registrar” means Biohost.
1.11. “Registrar Accreditation Agreement”
means the agreement entered into between the Registrar
and ICANN in terms of which the Registrar is accredited by ICANN as a
registrar.
1.12. "Registry" means ZA Central
Registry NPC, a company registered in accordance with the laws of South Africa
with registration number 1988/004299/08, its successors or permitted assigns.
1.13. “Registry-Registrar Agreement” means the
agreement between the Registrar and the Registry in terms of which the
Registrar is accredited as a registrar for a Namespace.
1.14. “Published Policies” means those
specifications and policies established and published by the Registry from
time-to-time relating to the administration of a Namespace, and includes the
Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The
published policies can be found on the Administration Sites.
2
Applicability
2.1
The Registry is responsible for delegating (registering) domain names in
the Namespaces
2.2
These terms and conditions apply to all the above mentioned
domain names.
2.3
The Applicant also agrees to be bound by the Published Policies.
3
Status and Precedence
3.1
In addition to the General Terms, these
terms and conditions govern the use of the Biohost
registrar services. By contracting with Biohost for
the services a Client will be lawfully regarded as having agreed to their use
of the services specified being governed by this Agreement.
3.2
To the extent that any provision of this document conflicts with the
provisions of the General Terms, the provisions of this document will prevail.
3.3
In providing the registrar services the Registrar is bound by the provisions
of the Registrar Accreditation Agreement and the Registry-Registrar Agreement.
If the Registrar acts contrary to any provision of this Agreement as a result
of an obligation to either ICANN or the Registry set out in such agreements
(including compliance with the Published Policies or any mandatory ICANN
policy), such act or omission will not be a breach of this Agreement.
4
Registration, Transfer and Deletion
4.1
The Domain Name will be delegated (registered) once it has been accepted
and approved by the Registrar and the Registry and after payment of the
relevant fees.
4.2
The Domain Name registration will continue after the Effective Date for
the period described in the Application unless it is transferred or otherwise
deleted as described in this Agreement or one of the documents referred to in
it.
4.3
The Domain Name may be renewed upon payment of the relevant fees, and
this Agreement will be renewed upon each renewal or other extension of the
Domain Name’s registration period.
4.4
It the Applicant wishes to transfer the Domain Name to another
registrant (which is done by updating the domain name record), the Applicant
must ensure that the new registrant has agreed to the terms of this Agreement.
The Registrar will not give effect to the transfer until it has received
confirmation of such agreement.
4.5
The Registrar’s deletion and auto-renewal policy will not differ from
the parameters set out in the Published Policies by the Registry. The Registrar
will under no circumstances be liable if any Domain Name is deleted due to the
Applicant’s failure to renew the Domain Name registration.
5
Fees
5.1
See the provisions of the General Terms as they relate to fees, which
are deemed to form part of this clause 5.
5.2
Should the Applicant fail to pay any of the fees contemplated within the
periods stated, the Registrar may, without derogating from any other right
which it may have in terms of these Service Terms or the General Terms or
otherwise, and without notice, withdraw the Domain Name application or registration.
5.3
Under no circumstances whatsoever will the Registry or Registrar be
obliged to refund any fees paid by the Applicant in terms of this clause 5.
6
Rights to Domain Name
6.1
The Registry or the Registrar will under no circumstances whatsoever be
obliged to determine the right of the Applicant to the Domain Name. Domain
names are delegated on a "first-come-first served" basis (unless the
Application is made as part of a Namespace launch phase) and the
delegation of the Domain Name by the Registry will in no way constitute any
indication or warranty of the Applicant’s right to utilise such name.
6.2
The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use
thereof and hereby disclaim all such warranties, whether express or implied.
6.3
Under no circumstances whatsoever will the Registry or Registrar be
obliged to act as an arbiter of disputes arising out of the registration and
use of the Domain Name.
6.4
Should a third party (the “Complainant”), in contemplation of legal
action against the Applicant in court or as described in clause 6.5, present
the Registry or Registrar with prima facie evidence that indicates that the
Domain Name violates the rights of the Complainant, then the Registry will be
entitled to provide the Complainant with the Applicant’s name and contact
particulars. All further communication will exclude the Registry and the
Registrar, and who will have no further obligations to the Applicant or
complainant.
6.5
The Applicant accepts the jurisdiction of any dispute resolution
mechanism established in respect of a Namespace by the Registry, ICANN or by
applicable law, as the case may be, in disputes relating to the Domain Name,
including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the
Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that
may result.
7
The Applicant’s Duties
7.1
The Applicant must provide to Registrar accurate and reliable contact
details and correct and update them within seven (7) days of any change during
the term of the Domain Name registration, including:
7.1.1
the full name, postal address, email address, voice telephone number,
and fax number if available of the Applicant;
7.1.2
name of authorised person for contact purposes in the case of an
Applicant that is an organisation, association, or corporation;
7.1.3
the names of the primary nameserver and secondary nameserver(s) for the
Domain Name;
7.1.4
the name, postal address, email address, voice telephone number, and
(where available) fax number of the technical contact for the Domain Name; and
7.1.5
the name, postal address, email address, voice telephone number, and
(where available) fax number of the administrative contact for the Domain Name.
7.2
The Applicant’s willful provision of
inaccurate or unreliable information, its willful
failure to update information provided to Registrar within seven (7) days of
any change, or its failure to respond for over fifteen (15) days to inquiries
by Registrar concerning the accuracy of contact details associated with the
Applicant’s registration will constitute a material breach of the
Applicant-registrar contract and be a basis for suspension and/or cancellation
of the Domain Name registration.
7.3
Any Applicant that intends to license use of a Domain Name to a third
party is nonetheless the Applicant of record and is responsible for providing
its own full contact information and for providing and updating accurate
technical and administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the Domain Name. An
Applicant licensing use of a Domain Name according to this provision will
accept liability for harm caused by wrongful use of the Domain Name, unless it
discloses the current contact information provided by the licensee and the
identity of the licensee within seven (7) days to a party providing the
Applicant reasonable evidence of actionable harm.
8
The Applicant’s Warranties & Indemnity
8.1
The Applicant hereby irrevocably represents, warrants and agrees that:
8.1.1
the information provided in the Application is accurate and complete,
and that it will keep such information up to date at all
times;
8.1.2
it has the right without restriction to use and register the Domain
Name;
8.1.3
to the best of its knowledge and belief the registration of the Domain
Name or its use does not and will not directly or indirectly infringe any legal
right of any third party in any jurisdiction, including with respect to
trademark, service mark, trade name, company name, close corporation name,
copyright or any other intellectual property right;
8.1.4
will not use the Domain Name for any unlawful purpose whatsoever,
including, without limitation, distributing malware, abusively operating
botnets, defamation, unfair competition, passing off, phishing, piracy,
counterfeiting, fraudulent or deceptive practices or generally for the purpose
of confusing or misleading any person;
8.1.5
at the time of the initial submission of the Application, and at all
material times thereafter, it must have an operational name service from at
least two operational name servers for the Domain Name. Each server is and will
continue to be fully connected to the Internet and capable of receiving queries
relating to the Domain Name and responding thereto; and
8.1.6
it has selected the Domain Name without any input, influence or
assistance from the Registry and/or Registrar.
8.2
Pursuant to the above warranties, the Applicant hereby agrees that it
will defend, indemnify and hold harmless the Registrar and the Registry, their
directors, officers, members, employees and agents, for any loss, damage,
expense or liability resulting from any claim, action or demand arising out of
or related to a breach of the aforementioned warranties or the use or
registration of the Domain Name, including reasonable attorneys’ fees on an
attorney and own client basis. Such claims will include, without limitation,
those based upon trademark infringement, copyright infringement, dilution,
unfair competition, passing off, defamation or injury to reputation. The
Registrar agrees to give the Applicant written notice of any such claim, action
or demand within a reasonable time of becoming aware thereof. The
Applicant agrees that the Registry and /or the Registrar will be defended by
attorneys of their own respective choices at the Applicant’s expense, and that
the Applicant will advance the costs incurred in such litigation, to the
respective parties on demand from time to time.
9
Suspension, Cancellation and Transfer
9.1
The Applicant agrees that the Registry or Registrar will have the right
to withdraw the Domain Name delegation, suspend operation of the Domain Name,
or transfer the Domain Name (as the case may be):
9.1.1
in the circumstances contemplated in clause 5.2;
9.1.2
should the Applicant breach any warranty given under clause 8.1;
9.1.3
if the Applicant withdraws its consent for processing of Personal
Information described in clause 10;
9.1.4
should the Applicant breach any other provision of this Agreement, and
fail to remedy such breach within 14 (fourteen) days of receiving written
notice from the Registrar calling upon it to do so;
9.1.5
in order to correct mistakes by Registrar or the Registry in registering
the Domain Name pursuant to the Published Policies or ICANN policy applicable
to the Registrar;
9.1.6
on receipt of an order by any competent court having jurisdiction; or
9.1.7
on receipt of a decision by a dispute resolution provider appointed in
terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if
applicable).
9.2
In the event that the Registrar’s accreditation is
withdrawn by the Registry, the Registry may initiate a forced transfer of the
Domain Name to another registrar.
9.3
The Registrar’s deletion and auto-renewal policy will not differ from
the parameters set out in the Published Policies by the Registry.
10 Personal Information
10.1
Personal Information provided by the Applicant to the Registrar will be
used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
10.1.1
use of Personal Information by the Registrar and Registry in providing
the registrar and registry services respectively and in
particular providing a public WHOIS facility which may include the
Personal Information;
10.1.2
inclusion of Personal Information in escrow deposits by the Registrar
and Registry held by third parties located both inside and outside of the
respective countries in which they provide the services;
10.1.3
transfer of Personal Information to the Registry’s affiliates and
service providers for the purposes of providing registry services;
10.1.4
transfer of Personal Information to a third party replacing the Registry
in providing the Registry function in terms of the registry agreement between
ICANN and the Registry, whether located inside or outside of South Africa
10.2
In processing the Personal Information as set out in clause 10.1 the
Registrar and Registry may transfer such Personal Information to the parties
described therein. If the Registrar is a reseller of registrar services, then
the Personal Information will also be transmitted to the sponsoring registrar.
10.3
THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS
DESCRIBED IN CLAUSES 10.1 AND 10.2. AND ACKNOWLEDGES THAT REGISTRATION,
TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
10.4
THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION
OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH
EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 10.1 AND
10.2 RESPECTIVELY.
10.5
When collecting or confirming Personal Information the Registrar will
indicate in an appropriate manner which Personal Information is obligatory and
which, if any, is voluntary.
10.6
The Applicant can access and rectify the Personal Information submitted
to the Registrar by accessing ClientZone.
10.7
The Registrar will not process the Personal Information collected from
the Applicant in any way incompatible with the purposes and other limitations
about which it has provided notice to the Applicant in terms of clause 10.1.
10.8
The Registrar must take reasonable appropriate, reasonable technical and
organisational measures as required by applicable law to protect the Personal
Information from loss, misuse, unauthorised disclosure, alteration or
destruction.
10.9
Provision of the Domain Name is dependent on the Applicant’s consent,
and the Domain Name may be suspended or withdrawn if the Applicant withdraws
such consent.
11 Exemption and Indemnity of the Registry
11.1
THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER
NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST
PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR
OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
11.2
THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS,
DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND
EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME
REGISTRATION.
12 General
12.1
For adjudication of any legal disputes between the Applicant and the
Registry, the Applicant hereby consents to the jurisdiction of the High Court
of South Africa (Gauteng Division, Pretoria).
12.2
For adjudication of any legal disputes between the Applicant and the
Registrar, the Applicant hereby consents to the jurisdiction of the High Court
of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the
courts of the Applicant’s domicile.
12.3
The Agreement will be construed and interpreted in accordance with the
law of the Republic of South Africa.
12.4
The Applicant acknowledges that the Registry or ICANN may oblige the
Registrar to make changes to or supplement the Agreement or parts of the
Agreement (“amendments”) if these amendments are reasonably necessary for the
administration of a Namespace. In the case of amendments required by the
Registry these amendments will be published on the Administration Sites from
time to time.
12.5
The Applicant accepts that it is incumbent on it to monitor such changes
and it hereby agrees that should it fail to notify the Registrar of the
Applicant’s wish not to be bound by such amendments within 30 (thirty) days of
such amendment being published, it will conclusively be deemed to have acceded
and agreed to the amendments thus published.
12.6
To the extent that the Registry is granted rights, the relevant
provisions of this Agreement will constitute an agreement for the benefit of a
third party (stipulatio alteri)
in the Registry’s favour. Where the Registry has lawfully assigned its rights
and duties under its Registry-Registrar Agreement with the Registrar, the
assignee will be the beneficiary under this clause.
12.7
In the event that any of these terms are found to be
invalid, unlawful or unenforceable, such terms will be severable from the remaining
terms, which will continue to be valid and enforceable.
13 Revision History
These
terms were last updated 09/05/2019. You can view other versions below.