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

Alternative Dispute Resolution Regulations

Chapter II : Alternative Dispute Resolution Rules

12. Transfers during a dispute



1) A registrant may not transfer, or delete, or refuse to renew a domain name registration whilst proceedings under these Regulations are ongoing, except as a result of a written settlement agreement that the parties reached and after a copy of the settlement agreement, signed by both parties, has been delivered to the provider who must issue relevant instructions to the second level domain administrator after he or she confirmed the validity of the written settlement agreement between the parties.


2) A registrant may update technical information, such as name servers, for the domain name provided that such updates do not result in the transfer or deletion of a domain name subject to a dispute.


3) Where an update of technical information results in the transfer or deletion of the domain name, the registrant shall be liable for any damages that may arise as a result of such transfer or deletion, if the registrant was aware of a dispute lodged under these Regulations in respect of such domain name.


4) Where a second level domain administrator is informed of a domain name dispute, the second level domain administrator must take steps to ensure that the domain name is not transferred, or allowed to be deleted during the course of the dispute.