Definitions
- In this Policy, any word or expression to which a meaning has been assigned,
shall have the meaning so assigned and, unless the context otherwise indicates: –
“Complainant” means a person who lodges a dispute in terms of this Policy;
“determination” means a decision made in accordance with this Policy;
“Offensive registration” means a domain name in which the Complainant cannot
necessarily establish rights but the registration of which is contrary to law, or is
likely to be offensive to any class of persons;
“party” means a Complainant or Registrant;
“Procedure” means procedural rules in terms of which a dispute is to be conducted
as set out;
“Registrant” means a domain name holder;
“Registrar” means an entity that is authorized by the Registry to administer the
process of registration and modification of domain names;
“Registry” the entity responsible for managing the domain TLDs;
“Ownership Dispute” Competing Interest of a domain or a service;
“rights” include but are not limited to intellectual property rights protected under
the law;
“Rules” means the alternative dispute resolution rules;
“Whois Database” means a database of contact details relating to a domain name. - PURPOSE
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been
adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”),
is incorporated by reference into your Registration Agreement, and sets forth the
terms and conditions in connection with a dispute between you and any party other
than us (the registrar) over the registration and use of an Internet domain name
registered by you. - YOUR REPRESENTATIONS
By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that:
(a) the statements that you made in your Registration Agreement are complete and
accurate;
(b) to your knowledge, the registration of the domain name will not infringe upon
or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose; and
(d) you will not knowingly use the domain name in violation of any applicable laws
or regulations. It is your responsibility to determine whether your domain name
registration infringes or violates someone else’s rights. (Put a link to the abuse
policy) - CANCELLATIONS, TRANSFERS, AND CHANGES
We will cancel, transfer or otherwise make changes to domain name registrations
under the following circumstances:
a. our receipt of written or appropriate electronic instructions from you or your
authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any
administrative proceeding to which you were a party and which was conducted
under this Policy or a later version of this Policy adopted by ICANN.
We may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration Agreement or other
legal requirements.
Filing of a complaint
(1) A person may initiate a dispute by submitting a complaint provided (make an
online form)
(2) The Complainant shall: –
(a) provide the name, physical address, e-mail addresses and the telephone
numbers of the Complainant or of any representative authorized to act on
behalf of the Complainant in the dispute;
(b) provide details of the Registrant including the name and contact information
of the Registrant;
(c) specify the domain name that is the subject of the dispute;
(d) Confirm that the domain is actually registered with Truehost or any Truehost
subsidiaries
(e) specify, in detail, the rights on which the dispute is based and provide full
details of the right which the Complainant relies on, such as trademark, copyright,
patents or cultural rights;
(f) detail reasons why the domain name, in the hands of the Registrant, is an
abusive registration or an offensive registration or both or has ownership dispute.
(g) specify the remedies sought;
(h) identify any other legal proceedings that have been initiated or terminated
relating to the domain name that is the subject of the dispute;
(i) confirm that there is no pending dispute relating to the same complaint that
has been filed with any other entity that has jurisdiction to hear and
determine the dispute;
(j) annex any documentary or other evidence in support of the complaint,
together with a schedule indexing such evidence.
Compliance and service of complaint
(1) Upon receiving a complaint, the Registrar (Truehost) shall promptly check the
complaint for compliance with this Policy.
(2) Where the complaint complies with this Policy, the Registrar shall forward a
copy of the complaint together with any annexures to the Registrant requesting for
a response and setting out the consequences of default under this Policy.
(3) The Registrant shall be deemed to have been notified of the dispute when the
Registrar: –
(a) has sent the complaint in electronic format including annexures, to the extent
available in electronic form, to the e-mail addresses of the Registrant and their
technical, administrative, and billing contacts as displayed on the Whois database
or Truehost Database.
Response to complaint
(1) The Registrant shall respond within (24hr) 1 days of the date of commencement
of the dispute, in electronic format ([email protected] ) to the Registrar.
(2) The response shall, in clear and concise terms: –
(a) respond to the statements and allegations contained in the complaint and
detail any grounds to prove that the domain name is neither an abusive nor
offensive registration or is rightfully owned.
(b) annex any documentary or other evidence in support of the response,
together with a schedule indexing such evidence;
(3) Where the Registrant does not submit a response within the stipulated period,
the Registrar shall, within one day, notify both parties of such status and the
Complainant
shall be entitled to the decision that the Registrar will make.
Note
(1) No action (transfer, deletion, Epp generation, cancellation) shall be taken for
services with an active dispute. Such actions will be taken when the dispute is
settled.
(2) We shall not share registrant details with the complainant in the course or after
the dispute (Attach link to the privacy) unless we get an order from a legal
authority.
