KUBUWEB

KubuWeb is responsible for assigning in hosing of Domain Names, Email and Web hosting in the .COM and .CO.ZA namespace of the Internet. Should you not accept these terms and conditions and agree to be bound by them in their entirety, do not make application for a domain name in the .COM and .CO.ZA namespace.

1. KubuWeb has been assigned the administrative function of registering domain names in the .COM and .CO.ZA namespace of the Internet. KubuWeb registers these Domain Names on a "first come, first served" basis. KubuWeb has neither the resources nor the legal obligation to screen requested Domain Names to determine if the use of a Domain Name by any applicant (hereafter referred to as "Applicant") may infringe upon the right(s) of a third party. Consequently, as an express condition of the grant of Applicant's request to register a Domain Name, Applicant represents, warrants and agrees as follows:

(a) Applicant's statements in the application are true and applicant has the right to use the Domain Name as requested in the Application;

(b) Applicant has a bona fide intention to use the Domain Name on a regular basis on the Internet;

(c) The use or registration of the Domain Name by Applicant does not interfere with nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right;

(d) Applicant is not seeking to use the Domain Name for any unlawful purpose, including, without limitation, delictual interference with contract or prospective business advantage, unfair competition, injuring the reputation of another, nor for the purpose of confusing or misleading any person, whether natural or incorporated.

2. Applicant acknowledges and agrees that these conditions prevailing on the registration and use of Domain Names may change from time to time and that, upon thirty (30) days’ notice KubuWeb may modify or amend such terms.

3. Applicant agrees to pay a registration fee for the registration of each new domain as quoted, including monthly account payments. If payment for a new domain has not been made within 30 days of a successful application, KubuWeb reserves the right in its sole and absolute discretion to remove the domain from .COM and .CO.ZA and make it available for re-registration. A penalty fee will be added for late payments which will be liable to the account holder. Applications for domain updates and deletions are free. All prices are subject to change, prior notice will be revealed in published writing.

4. Applicant agrees that if the application for a domain is made by a proxy agent for the Applicant, such as an Internet Service Provider (ISP) or Administrative Contact, the Applicant is nonetheless bound as a principal by all terms and conditions contained herein. At the time of the initial submission of the Domain Name request, the Applicant is required to have operational name service from at least two operational Internet servers for that domain name. Each server must be fully connected to the Internet and capable of receiving queries under that Domain Name and responding thereto.

5. Applicant is responsible for its selection of the Domain Name. Consequently, Applicant shall defend, indemnify and hold harmless KubuWeb, its officers, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the use or registration of the Domain Name, including attorneys fees on the attorney and own client scale. Such claims shall include, without limitation, those based upon trade name infringement, copyright infringement, dilution, delictual interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. KubuWeb agrees to give Applicant written notice of any such claim, action or demand within a reasonable time. Applicant agrees that KubuWeb shall be defended by attorneys of Internet Solutions' choice at Applicant's expense, and that Applicant shall advance the costs of such litigation, on the request by Internet Solutions' attorneys from time to time. The failure to abide by this provision shall be considered a material breach of these terms and conditions and permit KubuWeb, without limiting any other rights which it may have hereunder or in law, to immediately withdraw the use and registration of Domain Name from Applicant, without any liability whatsoever, including without limitation for damages whether direct or consequential for any loss of use, 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 or delict.

6. Applicant agrees that KubuWeb shall have the right to withdraw a Domain Name from use and registration on the Internet upon thirty (30) days prior written notice (or earlier if ordered by any Court) should KubuWeb receive an order by any competent court that the Domain Name in dispute rightfully belongs to a third party or infringes a third party's rights.

(a) In the event that the Applicant breaches any of its obligations under these terms, KubuWeb may request that Applicant relinquish the Domain Name by way of a written notice describing the alleged breach. If Applicant fails to provide evidence that it has not breached its obligations which is reasonably satisfactory to KubuWeb within 14 (fourteen) days of the date of receipt of such notice, then KubuWeb may terminate Applicant's use and registration of the Domain Name.

(b) Applicant acknowledges and agrees that KubuWeb cannot act as an arbiter of disputes arising out of the registration and use of Domain names. At the same time, Applicant acknowledges that KubuWeb may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. In such instance KubuWeb shall be allowed to provide a complainant with Applicant's name and address and all further communication will exclude KubuWeb will have no further obligations to the Applicant. In such instance Applicant shall be entitled to continue using the Domain Name registered for Applicant by KubuWeb until a court as described in 5 directs otherwise.

7. KubuWeb will not be liable for any loss of use, 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, even if KubuWeb has been advised of the possibility of such damages.

8. The Applicant consents to the jurisdiction of any competent South African Magistrate's court for the adjudication of any legal dispute between KubuWeb and the Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.

9. In the event that any of the terms of this Annexure are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

10. Applicant agrees that this registration agreement is the complete and exclusive agreement between the Applicant and KubuWeb regarding the registration of the Applicant's .COM and .CO.ZA domain. This registration agreement supersedes all prior such agreements.

11. Your privacy is very important to us. We are committed to earning your trust by safeguarding your personal information. All the information you provide to us is securely maintained and is kept strictly confidential. We do not, and will not, sell or rent our customer lists or private health information to other companies.

KubuWeb ONLY accepts applications via e-mail or FAX. Applications must be sent to: support@kubuweb.com or 086 632 0031

Should you need further assistance in filling in this form or meeting any of these requirements, please contact support@kubuweb.com. Questions about this form and the application process can be directed to KubuWeb at support@kubuweb.com or +27 84 788 5614.

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