This document contains the terms and conditions for registration, transfer and updates to domain names in the namespace. This Registrant Agreement forms part of the Universal Terms and Conditions of Hosted.com which is incorporated by reference.
Please note the following important clauses:
You consent to processing of personal information
If you submitted personal information from a third party, you warrant that you have obtained consent from that party
You exempt and indemnify the Registry / Registrar from all loss relating to your registration of a domain name
1. The Registry is responsible for delegating domain names in the Namespace.
1.2. These terms and conditions apply to all the domain names sponsored by the Registrar in the Namespace.
1.3. The Registrant also agrees to be bound by the Published Policies.
2. Status and Precedence
2.1. This document forms part of the Universal Terms and Conditions which are incorporated by reference into this document.
2.2. To the extent that any provision of this document conflicts with the provisions of the Universal Terms and Conditions, the provision of this document will prevail.
2.3. In providing the registry 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.
2.4. Hosted.com and its division Domains.Africa, is a reseller of various top-level domains (TLDs) through various ICANN accredited registrars. All references to a “Registrar” in this Registrant Agreement shall be a reference to any ICANN accredited registrar through whom the domain is purchased in the circumstances.
3.1. See the provisions of the Universal Terms and Conditions as they relate to fees, which are deemed to form part of this clause 3.
3.2. Should the Registrant 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 this Agreement or otherwise, and without notice, withdraw the Domain Name application or registration.
3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Registrant in terms of this clause 3.
4. Rights to Domain Name
4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Registrant to the Domain Name. Domain names are delegated on a "first-come-first served" basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Registrant's right to utilize such name.
4.2. 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.
4.3. 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.
4.4. Should a third party (the “Complainant”), in contemplation of legal action against the Registrant in court or as described in clause 4.5, 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 Registrant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Registrant or complainant.
4.5. The Registrant accepts the jurisdiction of any dispute resolution mechanism established in respect of the 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.
5. The Registrant’s Duties
5.1. The Registrant must provide to the 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:
5.1.1. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
5.1.2. name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation;
5.1.3. the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
5.1.4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
5.1.5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
5.2. The name and contact information provided by the Registrant must be in respect of the intended domain name holder (Registrant) and may not be in respect of a third party such as a service provider (apart from the requested technical contact). Note that where the Registrant is an existing Customer, the Customer’s account details will be used in this regard. Also note that where company details are entered, the company will be the Registrant.
5.3. The Registrant'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 Registrant's registration will constitute a material breach of the Registrant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.
5.4. Any Registrant that intends to license use of a Domain Name to a third party is nonetheless the Registrant 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. A Registrant 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 Registrant reasonable evidence of actionable harm.
6. The Registrant’s Warranties & Indemnity
6.1. The Registrant hereby irrevocably represents, warrants and agrees that:
6.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
6.1.2. it has the right without restriction to use and register the Domain Name;
6.1.3. 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 trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right and / or government institution;
6.1.4. 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;
6.1.5. 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
6.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
6.2. Pursuant to the above warranties, the Registrant 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 Registrant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Registrant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Registrant's expense, and that the Registrant will advance the costs incurred in such proceedings, to the respective parties on demand from time to time.
7. Suspension, Cancellation and Transfer
7.1. The Registrant 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):
7.1.1. in the circumstances contemplated in clause 3;
7.1.2. should the Registrant breach any warranty given under clause 6.1;
7.1.3. if the Registrant withdraws its consent for processing of Personal Information described in clause 8;
7.1.4. should the Registrant 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;
7.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
7.1.6. on receipt of an order by any competent court having jurisdiction; or
7.1.7. 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).
7.2. The Registrant agrees that its registration of the Domain Name may be suspended, cancelled, or transferred pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Domain Name.
7.3. 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.
7.4. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.
8. Personal Information
8.1. Personal Information provided by the Registrant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
8.1.1. 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;
8.1.2. 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;
8.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;
8.1.4. 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 The Republic of South Africa.
8.2. In processing the Personal Information as set out in clause 9.1 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.
8.3. THE REGISTRANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 8.1 AND 8.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
8.4. THE REGISTRANT 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 8.1 AND 8.2 RESPECTIVELY.
8.5. 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.
8.6. The Registrar will indicate to the Registrant how the Registrant or data subject can access and, if necessary, rectify the Personal Information held about them.
8.7. The Registrar will not process the Personal Information collected from the Registrant in any way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in terms of clause 8.1.
8.8. The Registrar must take reasonable appropriate, reasonable technical and organizational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction.
8.9. Provision of the Domain Name is dependent on the Registrant’s consent, and the Domain Name may be suspended or withdrawn if the Registrant withdraws such consent.
9. Exemption and Indemnity of the Registry
9.1. 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.
9.2. THE REGISTRANT 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 REGISTRANT’S DOMAIN NAME REGISTRATION.
10.1. Unless the contrary is stated otherwise in this Registrant Agreement, any disputes, claims or controversies arising out of this Registrant Agreement shall be dealt with by binding arbitration subject to the provisions of Section 26 of the Universal Terms and Conditions of Hosted.com, incorporated herein by reference.
10.2. The Registrant 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 the Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.
10.3. The Registrant 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 Registrant'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.
10.4. 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 favor. 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.
10.5. 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.
11. Transfer of Domain Ownership
11.1 The person named as Registrant on the Whois shall be the "Registered Name Holder." The person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee") Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by Hosted.com in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes Domains.Africa, a division of Hosted.com to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.