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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

4. Evidence of abusive or offensive registration

 

 

1) Factors, which may indicate that the domain name is an abusive registration includes –
a) Circumstances indicating that the registrant has registered or otherwise acquired the domain name primarily to–
i) sell, rent or otherwise transfer the domain name to a complainant or to a competitor of the complainant, or any third party, for valuable consideration in excess of the registrant's reasonable out-of-pocket expenses directly associated with acquiring or using the domain name;
ii) block intentionally the registration of a name or mark in which the complainant has rights;
iii) disrupt unfairly the business of the complainant; or
iv) prevent the complainant from exercising his, her or its rights;
b) circumstances indicating that the registrant is using, or has registered, the domain name in a way that leads people or businesses to believe that the domain name is registered to, operated or authorised by, or otherwise connected with the complainant;
c) evidence, in combination with other circumstances indicating that the domain name in dispute is an abusive registration, that the registrant is engaged in a pattern of making abusive registrations;
d) false or incomplete contact details provided by the registrant in the whois database; or
e) the circumstance that the domain name was registered as a result of a relationship between the complainant and the registrant, and the complainant has –
i) been using the domain name registration exclusively; and
ii) paid for the registration or renewal of the domain name registration.

 

2) An offensive registration may be indicated if the domain name advocates hatred that is based on race, ethnicity, gender or religion and/or that constitutes incitement to cause harm.

 

3) There shall be a rebuttable presumption of abusive registration if the complainant proves that the registrant has been found to have made an abusive registration in three or more disputes in the 12 months before the dispute was filed.