ZA CENTRAL REGISTRY NPC
TERMS AND CONDITIONS
For Domains Delegated in the www.pf677.com Domain Name Space

As at Mon Jan 19 12:00:00 SAST 2015

1. Definitions
1.1 "Agreement" means the Application read together with these terms and conditions;
1.2 "Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who shall be identified on line 2a of the Application;
1.3 "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;
1.4 "Domain Name" means the domain name in the ".www.pf677.com" namespace of the Internet, designated by the Applicant in the Application, and governed by the Agreement.
1.5 "Effective Date" means, in respect of the registration of the Domain Name to the Applicant, the date on which such registration is allocated by ZACR (as evidenced by an electronic message from ZACR to Applicant confirming same);
1.6 "ZACR" means ZA CENTRAL REGISTRY NPC, Registration No 1988\004299\08;
1.7 "Administration Sites": means ZACR's official administration websites including, but not limited to: http://www.coza.net.za and https://www.registry.net.za
2. ZACR is responsible for delegating domain names in the ".www.pf677.com" namespace of the Internet. These terms and conditions apply to all www.pf677.com domain names.
3. Fees
3.1 Applicant shall, within 30 (thirty) days of the Effective Date, pay the then current fee in respect thereof, as determined by ZACR from time to time. In addition, Applicant shall, within 30 (thirty) days of the anniversary of the Effective Date pay an annual renewal fee, as determined and published by ZACR from time to time, in respect of the Domain Name registration.
3.2 Should applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, ZACR 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 registration in whole or in part.
4. ZACR shall under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are registered on a "first-come-first-served" basis and the registration of the Domain Name by ZACR shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
5. Applicant's Warranties & Indemnity
5.1 Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1 its statements in the Application are accurate and complete;
5.1.2 it has the right without restriction to use and register the Domain Name;
5.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
5.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
5.1.6 at the time of the initial submission of the Application, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and be capable of receiving queries relating to the Domain Name and responding thereto;
5.1.7 it has selected the Domain Name without any input, influence or assistance from ZACR.
5.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless ZACR, its 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 shall include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. ZACR agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that ZACR shall be defended by attorneys of ZACR's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to ZACR on demand from time to time.
6. ZACR gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
7. Applicant agrees that ZACR shall have the right to withdraw the Domain Name registration (in whole or in part) or transfer the Domain Name (as the case may be):-
7.1 in the circumstances contemplated in clause 3;
7.2 should ZACR receive an order by any competent court having jurisdiction;
7.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from ZACR calling upon it to do so;
7.4 should ZACR receive 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 ZACR.
8. Applicant acknowledges that all information provided to ZACR in the Application may be disseminated and/or published by ZACR in a manner generally accepted in the domain name industry, including but not limited to publication of such information on ZACR's Administration Sites, and Applicant hereby irrevocably and without limitation consents to the dissemination and/or publication of such information.
9. Under no circumstances whatsoever shall ZACR be obliged to:-
9.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name;
9.2 refund any fees paid by the Applicant in terms of clause 3.
10. Should ZACR be presented with evidence that indicates that the Domain Name violates the rights of a third party, ZACR shall be entitled to provide the complainant with Applicant's name and contact particulars and all further communication will exclude ZACR and ZACR will have no further obligations to the Applicant or complainant.
11. ZACR WILL UNDER NO CIRCUMSTANCES WHATSOEVER AND HOWSOEVER ARISING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (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 ZACR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE AFOREGOING, ZACR's LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE REGISTRATION OR AMENDMENT FEE, AS THE CASE MAY BE, PAYABLE BY APPLICANT.
12. The Applicant hereby consents to the jurisdiction of the High Court of South Africa sitting at Pretoria for the adjudication of any legal dispute between ZACR and Applicant and the Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
13. The Agreement may only be varied or cancelled with the express written consent of ZACR.
14. Without derogating from the aforegoing, Applicant hereby acknowledges that ZACR may alter, delete or supplement ("amend") the Agreement, or parts of the Agreement, by publishing such amendments on ZACR's Administration Sites from time to time. Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify ZACR of Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it shall conclusively be deemed to have acceded and agreed to the amendments thus published.
15. 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.

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