Thank you for using MaruSIP!
MaruSIP is a Maru Africa (Pty) Ltd brand for a whitelabelled version of Greydot Mobile (www.greydot.me) in the form of www.marusip.com (“MaruSIP”)
These terms of service (the “Terms”) govern your access to and use of MaruSIP (“we” or “our”) websites, software and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with MaruSIP and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Information & Your Privacy
By using our Services you provide us with information such as your name, contact number, email address and partial credit card information (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
By using our Service you give us your permission to do things with your stuff, for example, sending you product updates, system notifications and nagging you to subscribe. This includes product features visible to you, for example, text messages. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example our internet service provider (again, only to provide the Services).
You are solely responsible for your conduct and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that MaruSIP has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality, or any other information you may be able to access using the Services.
We plead with your to use our Service in a responsible manner and according with Acceptable Use Policy; You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Acceptable Use Policy.
You, and not MaruSIP, are responsible for maintaining and protecting all of your stuff. MaruSIP will not be liable for any loss or theft of your stuff or for any costs or expenses associated with the use of your stuff.
If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify MaruSIP of any unauthorized use of your account.
Software and Updates
Our Service requires you to download a software application freely distributed under the GNU General Public License, to your mobile device such as tablet or telephone (“Software”). We hereby reserve all rights not expressly granted under the provisions of the GNU General Public License, in these Terms. Our Services may update the Software on your device automatically when a new version is available.
MaruSIP Property and Feedback
These terms do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. Some of the technologies we use to provide the Services are protected by trademark, and other laws of both South Africa and foreign countries. These Terms do not grant you any rights to use the MaruSIP trademarks, logos, domain names, or other brand features.
Copyright, Patents & Trademarks
We will respond to notices of alleged copyright, patent or trademark infringement if they comply with South African law and are properly provided to us.
Our designated agent for notice of alleged infringement on the Services is:
Intellection Property Infringements
P.O Box 13721, Vorna Valley, Midrand, 1686
The Services may contain links to third-party websites or resources. MaruSIP does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against MaruSIP, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 14 days of submission, you or MaruSIP may bring a formal proceeding.
We Both Agree To Arbitrate. You and MaruSIP agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms.
Arbitration Procedures: The Association of Arbitrators (Southern Africa) will administer the arbitration. The arbitration will be held in South Africa, or any other location we agree to.
Arbitration Fees and Incentives: The Association of Arbitrators (Southern Africa) rules will govern payment of all arbitration fees. MaruSIP will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or MaruSIP may assert claims. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and MaruSIP agree that any judicial proceeding will be brought in the courts of the Republic of South Africa. Both you and MaruSIP consent to venue and personal jurisdiction there.
These Terms will be governed by the laws of the Republic of South Africa.
These Terms constitute the entire agreement between you and MaruSIP with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
MaruSIP’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MaruSIP may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
MaruSIP is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). MaruSIP will have no responsibility for any harm to your computer or system or mobile device, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MaruSIP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MaruSIP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF R20 (TWENTY SOUTH AFRICAN RAND) OR THE AMOUNTS PAID BY YOU TO MaruSIP FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY SOUTH AFRICAN LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE REPUBLIC OF SOUTH AFRICA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and MaruSIP with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. MaruSIP’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but MaruSIP may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. MaruSIP and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Government Data Request Principles
We understand that when you entrust us with your digital life, you expect us to keep your stuff safe. Although we have the technical ability to store and therefore provide the contents of your conversations, text and other messages, we don’t do so by default.
Our policy is that the less we know and by implication the less you give us of your digital life the less there is to provide to governments. Like most online services, we receive requests from governments seeking information about our users and under applicable law we might be forced to collect, store and share this information with law enforcement, without your knowledge or consent.
These principles describe how we deal with the requests we receive.
Be transparent: Online services should be allowed to report the exact number of government data requests received, the number of accounts affected by those requests, and the laws used to justify the requests.
Fight blanket requests: Government data requests should be limited to specific people and investigations. We’ll resist requests directed to large groups of people or that seek information unrelated to a specific investigation.
Protect all users: Laws authorising governments to request user data from online services shouldn’t treat people differently based on their citizenship or where they live.
Provide trusted services: Governments should never install backdoors into online services or compromise infrastructure to obtain user data.
Resist: We never simply hand over your information, we ask, we verify, we resist in a court of law, if need be, and if we are able to do so, more so if you paid us through subscriptions or other donations for the Services.
The Information We Collect and Store
We may collect and store the following information when running the MaruSIP Service:
Information You Provide: When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information and email address. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. When you invite others to join MaruSIP by using our referral page, we send them a one-time text message for that referral. You may also provide us with your contacts’ telephone numbers and email addresses when inviting them. We may also receive Personal Information (for example, your email address or telephone number) through other users, for example if they have tried to refer MaruSIP to you.
Log Data: When you use the Service, we automatically record information associated with your call: who you called and who called you, but not the contents of the conversation. We further record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your calls, and other interactions with the Service.
How We Use Personal Information
Personal Information: In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used:
to provide and improve our Service,
to administer your use of the Service,
to better understand your needs and interests,
to personalize and improve your experience, and
to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.
Geo-Location Information: Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps. Some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
Analytics: We also collect some information (ourselves or using third party services), which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyse use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
Information Sharing and Disclosure
Your Use: We will display your Personal Information in your account page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your account page and your desired level of anonymity. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.
Compliance with Laws and Law Enforcement Requests; Protection of MaruSIP’s Rights: We may disclose to parties outside MaruSIP information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of MaruSIP or its users; or (d) to protect MaruSIP’s property rights. If we provide your information to a law enforcement agency as set forth above.
Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
Changing or Deleting Your Information
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.
We will retain your information for as long as your account is active or as needed or as directed by law in order to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers call information that you have in common with other users.
Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.
Our Site includes links to other Web sites whose privacy practices may differ from those of MaruSIP. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission and contents of that information.
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Our Policy towards Children
Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files.
Address: 1 Mark Shuttleworth Street, The Innovation Hub, Innovation Centre Suite M55, Lynwood, Pretoria, 0087
Postal: P.O. Box 13721, Vorna Valley, Midrand, 1686
Fax: 086 218 8155
SECTION C: ACCEPTABLE USE POLICY
MaruSIP is used by many people, and we are proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the MaruSIP services. For example, you must not, and must not attempt to, use the services to do the following things.
– probe, scan, or test the vulnerability of any system or network;
– breach or otherwise circumvent any security or authentication measures;
– access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to,
MaruSIP (or our service providers’) computer systems;
– interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming,
or mail-bombing any part of the Services;
– plant malware or otherwise use the Services to distribute malware;
– access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
– send unsolicited communications, promotions or advertisements, or spam;
– send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
– publish anything that is fraudulent, misleading, or infringes another’s rights;
– promote or advertise products or services other than your own without appropriate authorization;
– impersonate or misrepresent your affiliation with any person or entity;
– abuse MaruSIP referrals to get more credit for referrals than deserved;
– publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious,
racial or ethnic hatred;
– violate the law in any way, or to violate the privacy of others, or to defame others.
This document contains the terms and conditions for registration, transfer and updates to domain names in the .za ccTLD, .africa, .capetown, .joburg and .durban namespaces. These terms are part of and incorporate by reference the maru.africa standard terms at https://www.maru.africa/legal/
Please note the following important clauses:
You consent to processing of personal information as described in clauses 9.1 and 9.2
If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 9.4)
You exempt and indemnify the registry / registrar from all loss relating to your registration of a domain name (clause 10)
1.1. “Administration Sites” means the Registry’s official administration website/s including, but not limited to: www.registry.net.za and the Registrars official administration website/s including, but not limited to: www.maru.africa
1.2. “Agreement” means the Application read together with these terms and conditions.
1.3. “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
1.4. “Application” means the application for the delegation, transfer or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
1.5. “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.
1.6. “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.
1.7. “Domain Name” means the domain name in the Namespace, designated in the Application, and governed by the Agreement.
1.8. “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).
1.9. “Namespace” means the .za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.
1.10. “Personal Information” means information relating to an identifiable, living, natural person.
1.11. “Registrar” means Maru Africa (Pty) Ltd, a close corporation registered in accordance with the laws of South Africa with registration number 2014/041403/07.
1.12. “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the registrar is accredited as a registrar for the Namespace.
1.13. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.
1.14. “Standard Terms” means the Registrar’s standard terms and conditions found at URL https://www.maru.africa/legal/
2.1. The Registry is responsible for delegating domain names in the Namespace.
2.2. These terms and conditions apply to all the domain names sponsored by the Registrar in the Namespace.
2.3. The Applicant also agrees to be bound by the Published Policies.
- Status and Precedence
3.1. This document forms part of the Standard Terms which are incorporated by reference into this document.
3.2. To the extent that any provision of this document conflicts with the provisions of the Standard Terms, the provision of this document will prevail.
3.3. 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.
4.1. See the provisions of the Standard Terms as they relate to fees, which are deemed to form part of this clause 4.
4.2. 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 this Agreement or otherwise, and without notice, withdraw the Domain Name application or registration.
4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 4.
- Rights to Domain Name
5.1. 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 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.
5.2. 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.
5.3. 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.
5.4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 5.5, 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.
5.5. 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
6.1. 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:
6.1.1. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Applicant;
6.1.2. name of authorized person for contact purposes in the case of an Applicant that is an organization, association, or corporation;
6.1.3. the names of the primary nameserver and secondary nameserver(s) for the Domain Name;
6.1.4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and
6.1.5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.
6.2. 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.
6.3. 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.
6.4. 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
7.1. The Applicant hereby irrevocably represents, warrants and agrees that:
7.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
7.1.2. it has the right without restriction to use and register the Domain Name;
7.1.3. 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;
7.1.4. 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;
7.1.5. 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
7.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
7.2. 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 trade mark 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 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.
- Suspension, Cancellation and Transfer
8.1. 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):
8.1.1. in the circumstances contemplated in clause 4;
8.1.2. should the Applicant breach any warranty given under clause 7.1;
8.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 9;
8.1.4. 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;
8.1.5. 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;
8.1.6. on receipt of an order by any competent court having jurisdiction; or
8.1.7. 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).
8.2. 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.
8.3. 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.
8.4. 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
9.1. 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:
9.1.1. 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;
9.1.2. 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;
9.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;
9.1.4. 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.
9.2. 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.
9.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 9.1 AND 9.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
9.4. 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 9.1 AND 9.2 RESPECTIVELY.
9.5. 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.
9.6. The Registrar will indicate to the Applicant how the Applicant or data subject can access and, if necessary, rectify the Personal Information held about them.
9.7. 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 9.1.
9.8. The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction.
9.9. 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.
- Exemption and Indemnity of the Registry
10.1. 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.
10.2. 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.
11.1. 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).
11.2. 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.
11.3. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
11.4. 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 the Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.
11.5. 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.
11.6. 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.
11.7. 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.