Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Regulations

Alternative Dispute Resolution Regulations

Chapter I : Definitions and application

1. Definitions
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In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—

 

"abusive registration"

means a domain name which either—

(a)was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the complainant’s rights; or
(b)has been used in a manner that takes unfair advantage of, or is unfairly detrimental to the complainant's rights;

 

"adjudicator"

means a dispute resolution adjudicator appointed by a provider to decide a dispute or appeal;

 

"complainant"

means a person who lodges a dispute in terms of these Regulations;

 

"day"

means, unless otherwise stated, any day other than Saturday, Sunday or any public holiday in the Republic, and "days" have a corresponding meaning;

 

"decision"

means a determination made by an adjudicator in accordance with these Regulations;

 

"informal mediation"

means impartial mediation which the Authority conducts to facilitate a resolution acceptable to both Parties;

[Definition inserted by regulation 2 of Notice No. 1246, GG 41237, dated 10 November 2017]

 

"offensive registration"

means a domain name in which the complainant cannot necessarily establish rights but the registration of which is contrary to law, contra bonos mores or is likely to give offence to any class of persons;

 

"party"

means a complainant or registrant and "parties" has a corresponding meaning;

 

"procedure"

means procedural rules in terms of which a dispute is to be conducted as set out in Chapter III;

 

"provider"

means a domain name dispute resolution service provider accredited, in terms of Chapter IV of these Regulations, by the Authority and whose name appears on the list of accredited providers published by the Authority on its website;

 

"reverse domain name Hijacking"

means using these Regulations in bad faith to attempt to deprive a registrant of a domain name;

 

"rights" and "registered rights"
include intellectual property rights, commercial, cultural, linguistic, religious and personal rights protected under South African law, but is not limited thereto;

 

"rules"

means the alternative dispute resolution rules provided for in Chapter II;

 

"second level domain administrator"

means an entity licensed, or to be licensed, by the Authority to operate a second level domain in the .za domain name space;

 

"supplementary procedure"

includes word and page limits, guidelines, the means for communicating with the provider and the adjudicator and the form of cover sheets adopted by a provider to supplement the procedure;

 

"the Act"

means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002); and

 

"whois database"

means a database of contact details relating to a domain name provided by a second level domain administrator.