Domain Name Registrant Agreement

Applicability

The Registry is responsible for delegating domain names in the Namespace. These terms and conditions apply to all the domain names sponsored by the Registrar in the Namespace. The Applicant also agrees to be bound by the Published Policies. (See https://www.icann.org/resources/pages/agreements-policies-2012-02-25-en)

Status and Precedence

This document forms part of the Universal Terms and Conditions of Service which are incorporated by reference into this document. To the extent that any provision of this document conflicts with the provisions of the Universal Terms and Conditions of Service, the provision of this document will prevail. In providing the registry services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement.(Published Policies) 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.

Fees

Should the Applicant fail to pay any/ full outstanding fees contemplated within the periods stated, the Registrar may, at its sole discretion, 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. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant. Customer is solely responsible for ensuring the timely receipt of the fees applicable or for the functioning of the chosen payment. If Customer fails to pay to renew one or more domain names on or before the renewal date Registrar may, at its sole discretion, itself pay to renew the domain name and thus allow Registrar’s parent corporation take over the ownership of the domain name(s).

RENEWAL fees are not refundable; should a domain be renewed for any reason including but not limited to the auto-renew of the domain these fees are not refundable by the company.

Rights to Domain Name

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 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 Applicant's right to utilise such name. 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. 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. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court, 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, but is not obligated to, provide the Complainant with the Applicant's name and contact particulars. Applicant specifically waives all rights in association with any rights of privacy provided to it by any statute or rule making solely as pertaining to the latter circumstances. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant. The Applicant 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.

The Applicant’s Duties

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: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Applicant; name of authorized person for contact purposes in the case of an Applicant that is an organization, association, or corporation; the names of the primary nameserver and secondary nameserver(s) for the Domain Name; the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.

The name and contact information provided by the Applicant 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 Applicant 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 Applicant. The Applicant's wilful provision of inaccurate or unreliable information, its wilful 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.

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.

The Applicant’s Warranties & Indemnity

The Applicant hereby irrevocably represents, warrants and agrees that:

a) the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;

b) it has the right without restriction to use and register the Domain Name;

c) 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;

d) 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;

e) 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

f) it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Provider, 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 reasonable time of becoming aware thereof. The Applicant agrees that the Registry, Registrar and /or the Provider 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.

Suspension, Cancellation and Transfer

The Applicant agrees that the Registry, Registrar or the Provider 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):

a) should the Applicant breach any warranty

b) if the Applicant withdraws its consent for processing of Personal Information

c) 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

d) in order to correct mistakes by the Provider, Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar

e) on receipt of an order by any competent court having jurisdiction; or

f) 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).

The Applicant 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.

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.

The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.

Personal Information

Personal Information provided by the Applicant to the Provider and Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:

a) use of Personal Information by the Provider, 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

b) 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

c) transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services

d) 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

In processing the Personal Information the Provider, 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.

THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED ABOVE AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE PROVIDER/REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT.

When collecting or confirming Personal Information the Provider or Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.

The Provider or Registrar will indicate to the Applicant how the Applicant or data subject can access and, if necessary, rectify the Personal Information held about them.

The Provider or 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.

The Provider or Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction.

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.

Exemption and Indemnity of the Registry

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.

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.

General

The Applicant acknowledges that the Registry or ICANN may oblige the Registrar or Provider to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) in their sole discretion. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.

The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Provider or 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.

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 and Provider, the assignee will be the beneficiary under this clause.

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.

Transfer of Domain Ownership

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 to the terms and conditions in this Agreement, any such transfer will be null and void.