Domains - Terms of Service

"Domain Name"means the domain name that is the subject of the Domain Service, as selected by Customer on the Application Form;

"Domain Service" means the services HostworX renders to Customer in accordance with Customer's selections, as indicated by Customer in the Application Form under such heading or description;

"Registrar" means the entities referred to in clause 4.5 below or any replacement thereof and/or any other entity who attends to the administration or registration of domain names.

Subject to the provisions of the General Terms and Conditions, this agreement will commence on the Activation Date and will endure for successive periods of 1 (one) year each. HostworX will automatically renew registration of your Domain Name annually. Either Party may terminate the Domain Service at the end of any 1 (one) year Period by giving the other Party 1 (one) calendar month's written notice of termination prior to the end of that 1 (one) year period. Any notice of termination given by Customer during any 1 (one) year period shall only become effective upon the expiry of that year.

In the event of a termination, Customer's use of the Domain Service shall be deemed terminated. However, in the event that Customer continuing to use the Domain Service following a termination, the terms and conditions of the Agreement will apply to Customer and Customer shall be liable to pay the full usage costs to HostworX. However, this shall in no way constitute a revival of the Agreement between the Parties and HostworX shall furthermore be entitled to terminate the Domain Service without notice to Customer.

To the extent that the Domain Service provided to Customer are suspended by HostworX in terms of the General Terms or for any other reason whatsoever, Customer acknowledges that it will forfeit its access to and/or use of the Domain Service, but Customer shall still be liable to pay any service fees during such suspension.

You indemnify us against any damage, loss, cost or claim which you may suffer or incur arising from the suspension or termination of the Domain Service.

Customer shall pay HostworX the services fees specified in the Application Form in accordance with the provisions set out in the General Terms.

HostworX shall use its reasonable efforts to attend to the registration of Domain Name or, where applicable, the transfer of the hosting of an existing Domain Name as soon as reasonable possible after the commencement of the Domain Service.

Customer authorises HostworX to use any of its particulars it deems fit to effectively manage the registration, transfer, renewal and/or hosting of Domain Name in terms of the Domain Service. For the avoidance of doubt, the Parties agree that Domain Name shall not become the property of HostworX.

Customer agrees:

to pay HostworX in addition to any service fees all reasonable expenses and/or charges relating to the registration, transfer or renewal of Domain Name; that HostworX shall, as part of the Domain Service host the Domain Name and HostworX shall be entitled to charge its normal fees related to the hosting of a Domain Name and such fees shall be deemed to be service fees, as contemplated in clause 3 above; that "domain squatting" shall not be allowed.

Should the Domain Service be terminated for any reason whatsoever HostworX shall, without incurring any liability of whatever nature and without limiting the generality of the General Terms, be entitled to notify the Registrar of such termination and to instruct such Registrar to remove HostworX and/or any of its systems as the host of such Domain Name even if no replacement is available.

Customer acknowledges that:

1) all domain names in the .co.za name space or sub-domain ending in .za, are administered by Uniforum SA, and are subject to the terms and conditions of Uniforum SA, as amended from time to time;
2) HostworX utilizes the services of ENOM, to register all international Domain Names subject to the terms and condition of ENOM, as amended from time to time;
3) registration, maintenance, transfer of a Domain Name is subject to the terms and conditions of the Registrars which allocate and govern such Domain Name, and that HostworX cannot guarantee the registration of Domain Name(s) selected by Customer;
4) Registrars may change or be replaced from time to time; and
5) HostworX may change its registration provider from time to time on written notice to Customer;
6) All Registrars' terms and conditions, mentioned above, are binding upon Customer by reason of Customer's acceptance of these Terms.

In the event that any of the Registrars amends, suspends or terminates its provision of a the Domain Service or any other aspect of its services upon which HostworX depends for the provision of the Domain Service to Customer, HostworX will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that HostworX is unable to ensure such continuance under any circumstances HostworX shall be entitled to terminate the Domain Service with immediate effect in which event, Customer agrees that HostworX will not be liable to Customer or any other third party for any loss or damages incurred by Customer or by any third party arising from, or in any way relating to, the termination of the Domain Service.

Customer hereby warrants in favour of HostworX that:

1) it is the lawfully entitled owner of Domain Name(s) or it has the consent of the owner to use such Domain Name(s); and
2) in using Domain Name(s) it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such Domain Name. Customer indemnifies HostworX against any third party or other claim that may be instituted against HostworX as a result of the breach of such party's intellectual property rights.

Customer acknowledges and agrees that HostworX has no interest in the Domain Name and agrees that nothing that HostworX does in the performance of its obligations in terms of the Domain Service shall be construed as an assumption of responsibility or liability by HostworX for attending to the Domain Service whether or not HostworX had knowledge of Domain Name or not.

Without limiting the generality of the Terms Customer hereby indemnifies HostworX and holds it harmless against any liability and/or any claim of whatever nature made by any person for any loss or damage suffered or arising directly or indirectly from the use, display and/or publication of such Domain Name.