Domain/ Web-hosting services
RSAWEB registers domains, hosts websites and related material on its server(s) on behalf of clients (also known as Registrants). All domains are registered in compliance with the relevant governing bodies (also known as Domain Registrars). The following terms and conditions apply to the use and registration of domain names and the web-hosting services offered by RSAWEB.
Domain registration
- RSAWEB registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs) and reserves the right to use any approved registrar as it deems fit, including limiting the number of domains offered to clients based on the availability from the registrar concerned.
- The terms and conditions of the respective Domain Registrar and RSAWEB is binding on the client, depending on the relevant domain name space (e.g. .com or .co.za) under which the clients’ domain name is registered. It is the duty of the client to become familiar with all applicable terms and conditions. RSAWEB endeavours to affect domain registrations and subsequent DNS propagation within the shortest time frames. However, RSAWEB cannot be held liable where there are delays which are caused by reasons beyond its control during the registration process.
- Initial Setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges.
The following principles apply regarding Domain Name registrations:
- Domains Names are made available on a “first come, first served” basis and RSAWEB cannot guarantee that a specific Domain Name as requested by the client will be available at the time of registration.
- RSAWEB does not permit “cybersquatting” (also known as “domain squatting”): this refers to registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
- The client / Registrant / the client’s agent will retain control of the registered Domain Name. RSAWEB is responsible for maintaining the Domain Name for the client as part of the Service.
Disputes
- In the event of a dispute between the Registrant and a third party (including a client’s agent) regarding control of the Domain Name or RSAWEB account to which the Domain Name is linked, RSAWEB will only act upon the receipt of written instructions to change the name of the Registrant from:
- The liquidator of a business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
- A letter from the Executor, nominated and appointed by the Master of the High Court by virtue of the late Registrant’s estate, requesting that the Domain Name be transferred to a named entity.
- An order of Court in relation to any of the above; or
- An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa, or any similar proceedings in another ccTLD or gTLD to which the client is a party.
- In certain circumstances, the Domain Name might be “locked.” A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognized authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalized. Only the Administrator can lock and unlock a Domain Name.
- The Registrant/ client indemnifies RSAWEB against any loss or damage which may arise through RSAWEB preventing any unauthorised party from accessing or performing Domain Name updates through the RSAWEB Control Panel.
Domain Name Disputes process
- Where a dispute arises between the Client and any third party about registration or use of any Domain Name, this dispute may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
- The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.
- The Alternate Dispute Resolution Regulations applicable in South Africa and
- similar proceedings in other ccTLDs.
- RSAWEB will not participate in any way in any dispute resolution process where it is not a clear interested or affected party. Should RSAWEB be requested to join such a process between the client and a third party, RSAWEB reserves its rights and the client agrees to indemnify RSAWEB against any loss or damage that it may suffer or any expense that it may incur (including any potential legal costs it may incur (attorney and own client scale), the client will be liable to pay RSAWEB attorney’s fees).
- Note that the Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalized.
Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated, or released until they are unlocked.
Domain renewal
- RSAWEB will register a domain for a specified period of 12 (twelve) calendar months (generally one year).
- Thereafter, the client is solely responsible for renewing their domain at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client.
- This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify RSAWEB of the failure.
- Clients registering domains must take note of the registration date and ensure that renewal is affected.
Domain transfer
- RSAWEB will transfer existing (registered) domains from existing hosting providers to RSAWEB’s DNS and web servers.
- Upon requesting the transfer, and accepting the relevant service terms, the client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The client thereby indemnifies RSAWEB from any disputes regarding ownership of the domain and any claims as a result thereof.
Cancellation
- Cancellation, by the client or RSAWEB, will result in any data being permanently removed from RSAWEB’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space.
- RSAWEB will not be liable for loss of data or be obliged to provide any back-up/copy of such data once the hosting contract term has expired.
- Any backups made by RSAWEB will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients on request.
Hosting services
- RSAWEB reserves the right to move a website between web servers and Internet backbones, within South Africa and internationally as it deems necessary.
- RSAWEB reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives, or stores on an RSAWEB server to ensure compliance with this agreement, RSAWEB’s AUP, or any applicable laws, regulations, or codes of practice.
- The client must immediately and adequately respond to a denial-of-service attack (DOS / DDOS). If the client’s facilities are targeted by a DOS attack that affects other network users, the client’s service will be suspended.
Web Hosting (Shared Server)
- RSAWEB web hosting packages are made available on its Servers, where the Servers are shared with other Customers.
- Throughout web hosting (shared server) services the Server will (at all times) remain the property of RSAWEB. RSAWEB reserves the right to set up and maintain the Server according to its standard managed hosting Server configuration, at the Location on the client’s behalf. RSAWEB will not be responsible to the client for the type of software installed by the client (at the client’s discretion) especially in relation to any vulnerabilities that may result from the use of such software the client assumes all the risks thereof.
Backups
- Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their email, web content and information.
- Clients are solely responsible for backing up their data and RSAWEB strongly encourages ALL Hosting clients to do so as frequently and completely as possible. RSAWEB will not be liable for any data loss, or any other losses or damages related to backups or data recovery without exception.
Use at client’s risk
- RSAWEB will exercise no control whatsoever over the content of the material hosted on, or the information passing through the RSAWEB network and in no way moderates such content.
- Clients expressly agree that use of RSAWEB’s server(s) and services are at the client’s sole risk.
Spam / virus filtering
- RSAWEB provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that RSAWEB shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
- RSAWEB reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Webmail
- Webmail and other web-based email services made available by RSAWEB are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that RSAWEB shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of RSAWEB. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
Content Policy
- All services provided by RSAWEB are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless RSAWEB from any claims resulting from the use of the service which damages the subscriber or any other party.
- Also prohibited are sites that promote any illegal activity or present content that may be damaging to RSAWEB’s servers or any other server on the internet. Links to such materials are also prohibited.
- Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Fraudulent activities
- Adult sites
- Spellcaster activities
- Warez sites
- Any illegal activity, online gambling, spamming, or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.
- RSAWEB will be the sole arbiter as to what constitutes a violation of this provision.
- Disk space on shared hosting may only be used for Website Content, emails, and related system files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
- For shared hosting, RSAWEB will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at RSAWEB’s sole discretion. RSAWEB is under no obligation to affect such upgrades, or to rectify any impact such changes could potentially have to shared hosting customers.
Anti-SPAM Policy
- RSAWEB takes a zero-tolerance approach to any party sending Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of RSAWEB may not use or permit others to use our network to transact in UCE. Customers of RSAWEB may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
- Violations of this policy can carry severe penalties, including termination of service.
Security
- RSAWEB implements internal security measures in line with Good Industry Practice and the Protection of Personal Information Act (POPIA) to ensure the protection, integrity and security of its systems.
- RSAWEB, like others in the industry, cannot give its clients a guarantee that it may never experience a security breach but will continue through best efforts to ensure that this does not take place.
- If the client discovers a security breach or security violation, or thinks that a security violation is imminent, it must immediately notify RSAWEB in an appropriate way that does not further compromise security concerns.
- The Customer must not do anything that may prejudice, unintentionally target or compromise the security of the RSAWEB System, and must take all reasonable measures necessary to ensure that:
- It protects passwords and limits password sharing so that no unlawful access is gained to RSAWEB’s Systems, or the Customer’s own system;
- no Malicious Code is introduced into the RSAWEB System (for example, by accessing free/ unsecure Wi-Fi or clicking on SPAM/ unknown emails and links) and
- the Customer Data is safeguarded.
- If a security violation occurs, or RSAWEB is of the view that a security violation is imminent, RSAWEB may take whatever steps it considers necessary to maintain the proper functioning of the RSAWEB System including without limitation:
- changing the Customer’s access codes and passwords (or those of any user of the RSAWEB System), and
- preventing access to the RSAWEB System.
- RSAWEB endeavours to take all steps necessary to ensure that measures are put in place to provide disaster recovery; but does not warrant that recovery will be successful or that it will be completed within any time limit.
- The client agrees to cooperate fully with RSAWEB in any investigation that may be necessary regarding a security violation.
- If the Customer is providing any Service to third parties that makes use of the RSAWEB System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 5.
Takedown notice procedure
- In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”), the Internet Service Providers’ Association (ISPA) can instruct RSAWEB to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
- Any inquiries can be directed to ISPA at: Postal address: PO Box 518, Noordwyk, 1687, Midrand Tel: 010 500 1200 Email: [email protected]
- Should RSAWEB receive a takedown notice from ISPA, RSAWEB will endeavor to:
- Notify the client in good time of the takedown notice.
- Allow the client reasonable time to remove the disputed, illegal, or infringing content.
- Takedown any sites or services which are included in the ISPA takedown notice.
Retention of rights
- RSAWEB makes no claim to the intellectual property (such as data) of clients hosted on their servers. However, all equipment remains the property of RSAWEB and retention of data does not directly or indirectly give ownership of RSAWEB hardware to clients.
Intellectual Property Rights and Infringements
- All Intellectual Property rights from RSAWEB’s Software, Systems, procedures, and policies (including, without limitation, copyright, trademarks, designs, and patents) relating to or used in connection with the Service(s) provided under this Agreement shall belong to RSAWEB.
- In addition, all intellectual property rights from the Suppliers’ software, systems, procedures, and policies (including, without limitation, copyright, trademarks, designs, and patents) relating to or used in connection with the Service(s) provided under this Agreement and licensed to RSAWEB shall be made available to Customers in the sole discretion of RSAWEB and subject to RSAWEB’s agreement with such Suppliers.
- The Customer undertakes that it shall at no time, have any right, title, or interest in the Intellectual Property of RSAWEB or the applicable Suppliers and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the software systems, procedures and policies owned by RSAWEB, or any of its Suppliers.
- The Customer agrees to only make use of properly licensed third party software in connection with its use of the Services and agrees to indemnify and hold RSAWEB and any of its members, representatives, officers, or employees harmless against all losses, damages, liability, costs, and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any third party claims relating to its involvement in any copyright infringement or alleged copyright infringement.
- The Customer warrants that it shall not use the Service(s) to produce, host or present any content in contravention of any person’s Intellectual Property rights, and in particular warrants that it shall recognize, acknowledge, and use any content in accordance with any third party’s Intellectual Property rights. The Customer furthermore warrants that it has received all necessary permissions to make use of any Intellectual Property relating to third parties.
- Any specifications, descriptive matter, drawings, and other documents which may be furnished by RSAWEB to the Customer from time to time:
- do not form part of this Agreement and may not be relied upon unless they are agreed in writing by both parties hereto to form part of this Agreement; and
- shall remain the property of RSAWEB and shall be deemed to have been imparted by it in trust to the Customer for the sole use of the Customer. All copyright in such documents vest in RSAWEB and such documents shall be returned on demand.
Disclaimers, limitations, and indemnities
- RSAWEB will not be liable for any loss or damage, 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 which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY RSAWEB IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
- The client hereby indemnifies and holds harmless RSAWEB against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected domain name, even if RSAWEB has been advised of the possibility of such damages;
- RSAWEB will not be liable for any indirect or consequential loss, damage, cost, or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time, and goodwill.
- Neither RSAWEB, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that RSAWEB’s server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the RSAWEB server service, unless otherwise expressly stated in this agreement.
- RSAWEB is not responsible if an external company network and firewall is set up to block access to services RSAWEB provides. If a client’s network is set up to block certain ports or web addresses that compromise the services RSAWEB provides it is the client’s responsibility to ensure that their network configurations are changed, as necessary.
- The client indemnifies RSAWEB against any 3rd party claims brought against themselves as resellers or service providers to the public or privately.
- Clients will be solely liable to external parties for any losses and may, in no way, petition RSAWEB to share or cover such losses or liability, either directly or indirectly. RSAWEB is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.
Representations and Warranties
- RSAWEB warrants and represents that:
- it has the capacity and authority to enter into and perform in terms of this Agreement and to provide the Services to the Customer;
- it is the owner of or has the right to use any intellectual property employed by it during or as part of the Service(s);
- the Services shall be performed in compliance with South African Law, including the provisions of POPIA and the conditions for lawful processing of Personal Information;
- the Services shall be provided in accordance with the provisions of this Agreement;
- the Services will be performed in a professional manner and that it is and/or it shall use personnel that is suitably qualified and has sufficient knowledge, expertise and competence to perform the Service(s), in accordance with the standard of its industry.
- Save as expressly set out in clauses 1, RSAWEB does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service(s) and all warranties which are implied or residual at common law are hereby expressly excluded.
- RSAWEB does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service(s):
- will be preserved or sustained in its entirety;
- will be delivered to any or all of the intended recipients; or
- will be suitable for any purpose;
- will be free of inaccuracies or defects or bugs or viruses of any kind; or
- will be secured against intrusion by unauthorized third parties; and RSAWEB assumes no liability, responsibility, or obligations in regard to any of the exclusions set forth in this clause.
Force Majeure
- RSAWEB shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of RSAWEB.
- It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of RSAWEB:
- a Supplier’s fault of interruption that affects the Service(s);
- the non-performance, inability to perform or delay in performance by the upstream provider relating to the provisioning of equipment, services and/or facilities to RSAWEB that affects the Service(s);
- acts or omissions of any government, government agency, provincial or local authority (including disruption or suspension of the provision of municipal services) or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm, or fire;
- all telecommunications infrastructure and communication line faults;
- failure or unreasonable delay by the Customer to report faults/problems to RSAWEB; and/or
- the failure of any hardware, software programme, applications(s) or any other computer systems (or any component thereof) or product or service of any third party on whom the Customer relies (whether directly or indirectly) to use the Service(s).
- It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of RSAWEB:
Limitation of Liability and Indemnity
- RSAWEB shall not be liable for any loss (including but not limited to loss of data, profits, and goodwill), liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature and howsoever arising where RSAWEB’s negligence, failure, delay or inability to perform any of the Service(s), any defect or failure in the Equipment, or due to the occurrence of any of the following events:
- the Customer’s failure to perform, or delay in performing its obligations in terms of this Agreement, including non-payment of fees;
- circumstances that constitute an event of force majeure as contemplated in clause 12 hereof;
- compliance by RSAWEB with any applicable national and international legislation and laws;
- any alteration to the Software and Equipment by the Customer; and/or
- any defect and/or hazard in any third-party equipment required by the Customer to be used in the provision of the Services.
- The Customer shall indemnify and hold RSAWEB and any of its members, representatives, officers or employees as well as any third parties whose networks are connected to the RSAWEB System, harmless against all losses, damages, liability, costs and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any claim by any third party, arising out of the provisions of clauses 13
- From time to time, RSAWEB may deem it necessary to conduct maintenance, repair and/or improvement work on its technical infrastructure by means of which the Services are provided and in order to perform these activities, RSAWEB may have to suspend the Services. RSAWEB undertakes to provide reasonable notice to the Customer and the Customer agrees that all liability on the part of RSAWEB of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded.
- Use of the Services indicates that the Customer indemnifies and holds harmless RSAWEB in respect of any damages, loss or costs or claims instituted against RSAWEB arising from any application or subscription to or use of any Service or breach of the Agreement.
- Nothing contained in this clause 13 will limit the Customer’s liability in respect of charges incurred for ongoing Services.
- If the CPA is applicable to this Agreement, and any provision of this clause 13 is found by a court or tribunal with jurisdiction over RSAWEB to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 13 will have full force and effect.
- In the case of ambiguity, this clause 13 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
