Take-Down Procedure Policy

1. Statutory Basis (Section 77 ECT Act & ISPA)

In accordance with Section 77 of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), HostMyWebCloud South Africa (Pty) Ltd complies with South African statutory take-down notice procedures.

As a member-aligned provider operating under Internet Service Providers' Association (ISPA) guidelines, we maintain designated agents to receive notifications regarding unlawful activity or copyright infringements hosted on our infrastructure.

2. ISPA Take-Down Notice Requirements

To lodge a formal Take-Down Notice concerning content hosted on servers directly managed by HostMyWebCloud South Africa (Pty) Ltd, the notification must be submitted in writing to ISPA or our designated legal department, containing:

• Full Legal Name & Contact Info: The complainant's physical address, telephone number, and email address.
• Identification of Rightsholder: Confirmation of authorization to act on behalf of the owner of the right being infringed.
• Description of Infringing Material: Clear description and direct URL/location of the specific material to be disabled or removed.
• Grounds for Take-Down: Clear explanation of why the material is illegal, harmful, or infringing upon statutory rights.
• Good Faith Statement: A declaration that the information contained in the notice is accurate and submitted in good faith.

Take-down notices for South African hosted content should be submitted to the ISPA Take-Down Administrator at ispa.org.za/tdn or forwarded to takedown@ispa.org.za.

3. ZADNA & ZACR Domain Level Abuse

For domain-level abuse under second-level South African domains (.co.za, .net.za, .org.za, .web.za):

• ZADNA Governance: Matters involving domain name dispute claims, malicious registration, or statutory offensive content must follow the .ZA Alternate Dispute Resolution (ADR) regulations via accredited providers such as DomainDisputes.co.za.
• ZACR Registry Suspension: Court orders, law enforcement directives, or official registry mandates issued by ZACR requiring the lock, suspension, or deletion of a domain name will be executed immediately by HostMyWebCloud.

4. ICANN Abuse & gTLD Take-Down Compliance

For international generic Top-Level Domains (gTLDs such as .com, .net, .org, .cloud):

• ICANN Domain Abuse: HostMyWebCloud maintains a dedicated channel for reporting technical abuse, including phishing, malware distribution, botnet command and control, spam, and child sexual abuse material (CSAM).
• UDRP / URS Directives: Domain disputes governed by ICANN UDRP or URS decisions will be executed as ordered by approved dispute resolution providers.

5. Response & Action Protocol

Upon receipt of a valid statutory Take-Down Notice:

• HostMyWebCloud will promptly notify the affected client/registrant of the received notice.
• If deemed compliant with statutory requirements, access to the infringing material will be temporarily restricted or suspended.
• The client may submit a formal counter-notice if they dispute the claim, after which legal resolution mechanisms will apply.