8.1 Right to use the domain name
Tertiary Education Network ("TENET") is
responsible for assigning domain names in the .AC.ZA namespace of the
Internet. These terms and conditions apply to the registration and use of
domain names in the AC.ZA namespace of the Internet, and the provision of
the domain name service for such domains.
| The Registrant represents,
warrants and agrees as follows: |
| (a) |
The Registrant's statements
in this Application are true and accurate; |
| (b) |
The Registrant intends to
use the Domain Name on a regular basis on the Internet; |
| (c) |
to the best of the
Registrant's knowledge and belief, neither the registration of the
Domain Name nor the manner in which it is to be directly or indirectly
used infringes the right of any other party in any jurisdiction with
respect to trademark, service mark, trade name, company name, close
corporation name, copyright nor any other intellectual property right; |
| (d) |
The Registrant is not
seeking to use the Domain Name for any unlawful purpose, including,
without limitation, delictual interference with contract or
prospective business advantage, unfair competition, injuring the
reputation of another, nor for the purpose of confusing or misleading
a person, whether natural or incorporated. |
8.2. The Whois Service and the maintenance
of up-to-date Contact Details
In accordance with established Internet practice, TENET
operates a Whois Service for the ac.za domain, the purpose of which is to
make the contact details of all Domain Name Holders readily available at any
time to any interested party.
The Registrant authorises TENET to publish the
Registrant's Contact Details, as recorded in the Whois database, and to make
these Contact Details available to any third party through the Whois Service
or by any other means.
The Registrant undertakes to review the Contact Details as
published in the Whois Service, to alter and/or augment them as may be
necessary to ensure that they remain true and accurate for the duration of
the period within which the Domain Name is in use.
The Registrant undertakes to provide complete and accurate
Contact Details to TENET within fourteen (14) days of being requested to do
so by TENET. The Registrant agrees that TENET may make such requests by
means of email addressed to the Administrative Contact as then recorded in
the Whois database, if any, and to the email address specified in the
Start of Authority (SOA) record of the Domain.
The Registrant acknowledges that failure to keep the
Registrant's Contact Details up to date constitutes a material breach of the
registration agreement and a basis for the cancellation of the Domain Name
registration by TENET.
8.3. Right to register sub-domains of the
Domain Name
The Registrant is entitled to define and use sub-domain
names under the Domain Name as names for hosts or as domain names for use by
faculties, departments, research units or other entities that form part of
the Institution or are closely associated with it and that are not
themselves juristic persons independently of the Institution.
The Registrant may not define a sub-domain name of the
Domain Name and allocate it for use by an entity that is a juristic person
different from the Institution without the written permission of TENET.
8.4. Provision of Domain Name Service for the
Domain and sub-domains of the Domain
The Registrant is required to ensure the provision of
Domain Name Services for the Domain and for each sub-domain of the Domain
according to the standards published from time to time in the RFCs of the
Internet.
The Registrant undertakes to maintain the Domain and all
sub-domains of the Domain in good order according to the standards published
from time to time in the RFCs of the Internet.
8.5. Termination of the allocation of the
Domain Name to the Registrant
In the event that Registrant does not make regular use of
its assigned Domain Name for any a period of 90 days or more, Registrant
agrees that Registrant shall, upon request of TENET, relinquish that Domain
Name. The Registrant agrees that it is sufficient that such request be given
by email addressed to the Administrative Contact as then recorded in the
Whois database, if any, and to the email address specified in the
Start of Authority (SOA) record of the Domain. The Registrant agrees that if
TENET receives no response to such request within thirty (30) days, then
TENET may terminate the registration of the Domain Name without further
notice or communication with the Registrant.
The Registrant agrees that TENET may withdraw the Domain
summarily and without notice if false or misleading statements have been
made in this application.
The Registrant agrees that TENET shall have the right to
withdraw a Domain Name from use and registration on the Internet upon thirty
(30) days prior written notice (or earlier if ordered by the court) should
TENET receive an order by any competent court having jurisdiction that the
Domain Name in dispute rightfully belongs to a third party or infringes a
third party's rights.
In the event that the Registrant breaches any of its
obligations under these terms, TENET may demand that the Registrant
relinquish the Domain Name by way of a written notice describing the alleged
breach. If the Registrant fails to provide evidence that it has not breached
its obligations that is reasonably satisfactory to TENET within thirty (30)
days of the date of receipt of such notice, then TENET may terminate the
Registrant's use and registration of the Domain Name.
8.6. Indemnification of TENET
The Registrant acknowledges that TENET has no legal
obligation to screen proposed domain names to determine whether the use
thereof by the Registrant may infringe upon the right(s) of a third party.
The Registrant accepts sole responsibility for its
selection of the Domain Name and for all domain names that it creates as
sub-domains of the Domain Name. The Registrant shall defend, indemnify and
hold harmless TENET, its principals, officers, employees and agents, for any
loss, damage, expense or liability resulting from any claim, action or
demand arising out of or related to the use or registration of the Domain
Name or sub-domain names of the Domain Name, including reasonable attorneys
fees. Such claims shall include, without limitation, those based upon
trademark or service mark infringement, trade name infringement, copyright
infringement, infringement of intellectual property rights, dilution,
delictual interference with contract or prospective business advantage,
unfair competition, defamation or injury to business reputation. TENET will give the Registrant written notice of any such claim, action or
demand that is made to TENET within a reasonable time. The Registrant agrees
that TENET shall be defended by attorneys of TENET's choice at the
Registrant's expense, and that the Registrant shall advance the costs of
such litigation, in a reasonable fashion, from time to time. The failure to
abide by this provision shall be considered a material breach of this
Agreement and permit TENET to immediately withdraw the use and registration
of the Domain Name from Registrant.
The Registrant acknowledges and agrees that TENET cannot
act as an arbiter of disputes arising out of the registration and use of the
Domain Name or sub-domain names of the Domain Name. At the same time, the
Registrant acknowledges that TENET may be presented with claims that a
Domain Name registered by the Registrant violates the rights of a third
party. In such instance TENET shall be allowed to provide a complainant with
the Registrant's name and address and all further communication will exclude
TENET and TENET will have no further obligations to the Registrant.
In such instance the Registrant shall be entitled to
continue using the Domain Name until a court directs otherwise.
TENET will not be liable for any loss of use, 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, even if TENET has been advised of
the possibility of such damages.
8.7. Modification of these Terms and
Conditions
The Registrant acknowledges and agrees that these Terms
and Conditions prevailing on the registration and use of Domain Names may
change from time to time and that, upon thirty (30) days posting on the
Internet at http:/www.tenet.ac.za/, TENET may modify or amend such Terms and
Conditions.
8.8. Applicable Law
The Registrant consents to the jurisdiction of any
competent South African Magistrate's court for the adjudication of any legal
dispute between TENET and the Registrant and these terms and conditions will
be construed and interpreted in accordance with the law of the Republic of
South Africa.