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Legal FAQ

  1. I have discovered that someone has registered a domain name similar to mine and is now offering identical goods and/or service on the associated web site. What do I stand to do?
    The best possible solution would be to contact an attorney so that he/she may assess the merits of your case and provide you with a suitable course of action. Please note further that the ZA Central Registry cannot assist you in this regard as we are prevented from doing so due to our Terms & Conditions (specifically clause 9.1)

  2. I want to dispute the registration of a domain but cannot seem to reach the Registrant, no matter what I try. What now?
    The possibility exists that the domain name Registrant no longer exists or has provided inaccurate contact details, which would be contrary to the Terms & Conditions of Registration. If the situation warrants it and at the ZA Central Registry's sole discretion, the Registrant may be requested to provide new, accurate contact details.
    You may request the ZA Central Registry to do so by fax, by supplying detailed evidence of the steps you have taken in order to attempt to contact the Registrant, and how these attempts have proved unsuccessful. If the ZA Central Registry is satisfied that you have taken all reasonable steps to contact the Registrant but have been able to do so, notice will be given to the Registrant to provide updated and accurate contact details with a minimum 14 Days, failing which the domain name may (at the ZA Central Registry's sole discretion) be deleted or withdrawn.

  3. I have a specific interest in a domain name registered to someone else. It appears that the domain name is set to be suspended and subsequently deleted due to non payment. When will the domain name be deleted and can I reserve it should this happen?
    The ZA Central Registry expects all domain name Applicant's to settle outstanding registration fees within 30 days after registration (clause 3.1). Should the Applicant neglect to do so, he/she runs the risk of loosing the domain name due to deletion. Parties that are interested in obtaining the domain name are welcome to monitor its Billing Status, and to apply for the registration of the domain name as soon as it reverts back into the public domain due to deletion. These domain names will be allocated on a "first come first served" basis only, and the reservation of registered domain names is neither permitted nor possible. Domain names cannot and will not be deleted on request.
    Note: A table of the scheduled invoicing, suspension and deletion runs is available on our web site here

  4. A domain name Applicant has not associated his domain name with an Internet web site, nor does he have any plans to do so in the near future. Is this contrary to the ZA Central Registry Policy, and what do I stand to do?
    In accordance with clause 5.1.3 of the Terms and Conditions: "Applicant warrants that it has a bona fide intention to use the domain name on a regular basis on the Internet". The question is therefor not whether the domain name has actually been used on the Internet, but rather whether the Applicant has the intention to do so on a regular basis.

  5. I am interested in purchasing a domain name, but the current Applicant wants too much money for it. Is this illegal or contrary to the ZA Central Registry policy?
    The sale of descriptive or desirable domain names that do not infringe anyone else's rights due to their "generic" nature is not illegal. Although the ZA Central Registry does not condone the practice of domain name brokerage, it is not per se against the ZA Central Registry Policy.
    The above must however be differentiated from practices where proprietary names, such as trade marks and company names, are held at ransom for monetary or other reward. This constitutes cybersquatting and will in all likelihood amount to an illegal action. If this is indeed the case, you are urged to seek legal assistance and advice.

  6. My domain name was initially registered and administered by an ex-employee of mine. The problem is that since he is no longer here, and his email no longer exists I have no control over the domain name. To make matters worse I cannot track this ex-employee for assistance. What do I do?
    It is extremely important to keep your domain name particulars as up-to-date and accurate as possible, as they serve as the only point of contact that the ZA Central Registry has with you.
    The ZA Central Registry may consider intervening in this instance on receipt of a form 2 document available here.
    Please note that this does not apply if the employee has listed themselves as the registrant, in which case you should consult the next FAQ.

  7. I was alarmed to find out that my domain name has been registered in the name of my ISP and not my own. What is the ZA Central Registry's view on this, and what do I stand to do?
    We continually urge ISP's and other agents not to register domain names in their own names if they are acting on behalf of a client. The correct way would be for the "True" Applicant (The company instructing the ISP, and being the company who ultimately makes regular use the domain name) to be listed in the domain name particulars as the Registrant, and possibly the Administrative contact. The ISP's particulars can be included as the Technical Contact Person.
    Due to the registration process being largely automated, the ZA Central Registry does not (and cannot be expected to) examine the correctness of domain name applications. We must therefor respect that the listed Registrant of a particular domain name is the person or entity to whom the domain name service is owed. If the listed Registrant happens to be your ISP or agent, you are urged to approach them immediately requesting that they correct the domain name particulars reflecting you or your company as the Registrant.
    You may alternatively, if you wish to transfer the domain name yourself, request the current Registrant to provide you with authorization to transfer the domain name. In this regard it is extremely important to note that the ZA Central Registry will not consider the manual update of a domain name unless it receives written authority from the current Registrant. This authority must be given on a Form 2, as per the instructions on the form.

  8. Does the ZA Central Registry have a Domain Name Dispute Resolution Policy (DNDRP)?
    More on the current DNDRP policy can be found here.

  9. I recently submitted an electronic update for a particular domain name, but the Technical Contact denied the request and the update failed. I am the registrant of this domain what rights do I have?
    The domain name registration and administration process prescribes that the person ultimately responsible for a particular domain name (the person listed on line 2a.) should provide both administrative and technical contact details. These contact details serve as the elected address and point of contact for the ZA Central Registry to communicate both technical and administrative issues to the domain registrant.
    It is further a standard practice in the Internet industry, and therefore not uncommon, that the registrant of a domain name appoints representatives or agents to fulfill the administrative and technical functions. In particular, it is incumbent upon the Administrative contact to deal with all administrative issues relating to a particular domain name, and it is further incumbent on the ZA Central Registry to respect and give effect to the decision made by this representative.
    Without derogating from the above, should a conflict exist between the decisions of the registrant, administrative contact and the technical contact, the ZA Central Registry will respect the decision of the registrant (person listed on line 2a.). Should the identity of the registrant be disputed the decisions of the contact persons will be implemented as per standard ticket acceptance procedures.

  10. If you can't find the answer above, you can e-mail the ZA Central Registry Legal Department


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