Domain Dispute Resolution Policy

1. Overview & Statutory Framework

All domain registrations under second-level domains (including .co.za, .net.za, .org.za, and .web.za) managed by HostMyWebCloud South Africa (Pty) Ltd are subject to the Alternate Dispute Resolution (ADR) Regulations promulgated under Section 68 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).

For generic top-level domains (gTLDs such as .com, .net, .org, .cloud, etc.), registrants agree to be bound by the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Uniform Rapid Suspension (URS) System.

2. Role of ZADNA (.ZA Domain Name Authority)

ZADNA is the statutory regulator for the .ZA namespace appointed in terms of the ECT Act of 2002. ZADNA oversees the regulatory environment and maintains the statutory .ZA ADR Regulations governing abusive or offensive domain name registrations.

• Establishes statutory policies and regulations for .ZA domain dispute resolution.
• Accredits independent dispute resolution providers to adjudicate disputes.
• Publishes formal decisions rendered under the .ZA ADR framework.

3. Role of ZACR (ZA Central Registry)

ZACR operates as the registry infrastructure manager for .ZA domain names. As an accredited ZARC Registrar, HostMyWebCloud South Africa (Pty) Ltd interfaces directly with the ZACR registry system.

• Executes administrative instructions, domain locks, transfers, or deletions as ordered by accredited dispute resolution providers.
• Enforces administrative holds or status locks on domain names subject to active dispute proceedings.

4. Alternate Dispute Resolution via DomainDisputes.co.za

Disputes relating to abusive or offensive registrations under the .ZA namespace must be lodged through accredited ADR providers such as DomainDisputes.co.za (administered by the SAIIPL - South African Institute of Intellectual Property Law).

Grounds for lodging a dispute under the .ZA ADR regulations include demonstrating that the domain name is:

• Abusive Registration: A domain name which either took unfair advantage of or was unfairly detrimental to the Complainant's rights at the time of registration or acquisition, or has been used in a manner that takes unfair advantage or is detrimental.
• Offensive Registration: A domain name that advocates hatred based on race, ethnicity, gender, or religion, and constitutes incitement to cause harm.

5. ICANN Dispute Resolution (gTLDs)

For all non-country code top-level domains (gTLDs), HostMyWebCloud South Africa (Pty) Ltd and all registrants must abide by ICANN's administrative dispute resolution framework:

• Uniform Domain-Name Dispute-Resolution Policy (UDRP): Applies to allegations of trademark infringement or bad faith registration/use. Complaints are submitted through ICANN-approved providers such as the World Intellectual Property Organization (WIPO) or the Forum (formerly NAF).
• Uniform Rapid Suspension (URS): Provides a streamlined, lower-cost process for clear-cut trademark infringement matters across new gTLDs.
• Transfer Dispute Resolution Policy (TDRP): Governs disputes between registrars regarding domain transfer requests.

6. Dispute Submission & Enforcement Process

To lodge or respond to a dispute, parties must follow the official mechanisms set out by the respective authority:

• For .ZA domains, file a Complaint at DomainDisputes.co.za or review procedures on ZARC Disputes.
• For gTLDs, file directly with an accredited ICANN UDRP Provider.
• Upon formal notification of a dispute by a registry or dispute provider, HostMyWebCloud South Africa (Pty) Ltd will place the domain on administrative lock, preventing domain transfers, name server changes, or WHOIS modifications.
• HostMyWebCloud implements decisions (including domain cancellation or transfer) following the expiry of any allowed appeal period or upon order from a competent court.

7. Registrar Status & Indemnification

HostMyWebCloud South Africa (Pty) Ltd acts purely as a neutral registrar. We do not participate in, mediate, or decide the outcome of third-party domain disputes.

• We strictly execute formal decisions issued by accredited ZADNA/ICANN adjudicators or binding orders of a competent High Court.
• Registrants agree to defend, indemnify, and hold harmless HostMyWebCloud South Africa (Pty) Ltd against claims, liabilities, and legal fees resulting from domain disputes.