1. HOSTING AND EMAIL SERVICES

The iTrn (Pty) Limited Hosting and Email environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

iTrn (Pty) Limited will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s or Resellers selected domain names. iTrn (Pty) Limited do not give any warranty or guarantee of email or email delivery it is the responsibility of the client or reseller to monitor and backup emails. Emails is a best effort services, iTrn (Pty) Limited will not be liable for any indirect or consequential loss, damage, cost or expense of any kind due to any email problems, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

The Client or Resellers hereby indemnifies and holds harmless iTrn (Pty) Limited against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s or Resellers use and registration of its selected Domain Name, even if iTrn (Pty) Limited has been advised of the possibility of such damages;

iTrn (Pty) Limited will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Clients or Resellers also hereby indemnify iTrn (Pty) Limited against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients or Resellers will be solely liable to external parties for losses and may, in no way, petition iTrn (Pty) Limited to share or cover such losses or liability, either directly or indirectly. iTrn (Pty) Limited is also indemnified from direct claims from Clients or Resellers for losses incurred due to 3rd party actions or claims.

Neither iTrn (Pty) Limited, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that iTrn (Pty) Limited Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the iTrn (Pty) Limited Server service, unless otherwise expressly stated in this Agreement.

iTrn (Pty) Limited expressly limits its damages to the Client or Resellers for any non-accessibility time or other down time during the system unavailability. iTrn (Pty) Limited specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client/user or Resellers indemnifies iTrn (Pty) Limited against any loss or damage whatsoever, which may arise from the use of any third party software, add-ons or plugins available through our hosting services or platforms.

iTrn (Pty) Limited is not responsible if an external company network and firewall is setup to block access to services iTrn (Pty) Limited provides. If a client’s or Resellers network is setup to block certain ports or web addresses that compromise the services iTrn (Pty) Limited provides it is the client’s or Resellers responsibility to ensure that their network configurations are changed as necessary. iTrn (Pty) Limited. It is the clients or Resellers responsibility to keep a backup of the domain iTrn (Pty) Limited will in no way be held responsible for any loss of content whatsoever.

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s or Resellers responsibility to ensure that the transfer request from iTrn (Pty) Limited is accepted and to advise iTrn (Pty) Limited of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

iTrn (Pty) Limited may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.

By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

2. SPAM/VIRUS FILTERING

iTrn (Pty) Limited provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that iTrn (Pty) Limited shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

3. CLOUD HOSTING AND EMAIL

Cloud Hosting services are fully managed by the client and iTrn (Pty) Limited does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

4. ZACR REGISTRANT AGREEMENT

1. Definitions

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.iteron.web.za.

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 or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.

1.5. “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.

1.6. “Domain Name” means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.

1.7. “Namespace” means the .za domain namespace of the Internet.

1.8. “Personal Information” means information relating to an identifiable, living, natural person.

1.9. “Registrar” means iTrn (Pty) Limited.

1.10. “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.

2. Applicability

2.1. The Registry is responsible for delegating domain names in the .za domain / gTLD namespace of the Internet.

2.2. These terms and conditions apply to all the .za domain / gTLD domain names.

2.3. The Applicant also agrees to be bound by the Published Policies.

3. Fees

3.1. Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card.

3.2. Should the Applicant fail to pay any of the fees contemplated in this clause within the periods stated herein, 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 delegation.

3.3. 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

4.1. 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.

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 Applicant 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 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.

4.5. 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.

5. The Applicant’s Warranties & Indemnity

5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. 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;
5.1.4. 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;
5.1.5. 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 5.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

5.2. 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.

6. Withdrawals and Transfers

6.1. 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):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
6.1.4. 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;
6.1.5. 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;
6.1.6. on receipt of an order by any competent court having jurisdiction; or 6.1.7. 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). 6.2. 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.

7. Personal Information

7.1. 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: 
7.1.1. 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;
7.1.2. 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;
7.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;
7.1.4. 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, wherever in the world such third party may be located.

7.2. In processing the Personal Information as set out in clause 7.1 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.

7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

7.4. 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.

8. Exemption and Indemnity of the Registry

8.1. 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. 8.2. 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.

9. General

9.1. 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).

9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

9.3. The Applicant acknowledges that the Registry 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. These amendments will be published on the Administration Sites from time to time.

9.4. 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.

9.5. 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.

9.6. 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.

10. Spamming

1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

2. It is contrary to iTrn (Pty) Limited policy for customers to use our servers to effect or participate in any of the following activities: o To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list; o To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients; o To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a iTrn (Pty) Limited provided server, or using a iTrn (Pty) Limited provided server as a maildrop for responses; o To falsify user information provided to iTrn (Pty) Limited or to other users of the service in connection with use of a iTrn (Pty) Limited service.