Legal Documentation

Abuse Policy - Onerserv

Onerserv is a ZACR accredited Registrar, should you wish to alert us of a violation of our Terms & Conditions, and, or report any abuse involving a Registered Domain Name on our oner.co.za network, please lodge the report as per the steps below. Illegal content that must be reported includes, but is not limited to, Child Pornography, Child Trafficking, Child-oriented Services (e.g. Grooming), Child Sex Tourism and other sexual offences, etc.

An ABUSE REPORT email must contain the following information:
URL of the where the abuse was found
NOTE: This must be clearly displayed at the beginning of the email;
Description of the abuse detected;
IP address on the oner.co.za network, if available.
The email address to report abuse is: abuse@oner.co.za and,
our 24/7 emergency number is: +27 11 568 4339.
Please note that Onerserv will respond within a 24-hour period and take the appropriate legal steps required.

Legal Information & Procedure
Onerserv is a registered South African company, and as such shall comply to those laws. Should any legal requests emanate from other countries’ agencies, they must be served via a South African Court of Law and its due processes.
Child Pornography: is covered under the South African Films Publications act, and the obligations of internet access and service providers is found under Clause 24C.
Child Trafficking: South Africa was a signatory of the United Nations Protocol to Prevent, Suppress and Punish Trafficking which was signed in 2000 and ratified in 2004. ... Clause 14 criminalised the act of trafficking of children and Clause 16 prohibited the prosecution of victims of trafficking. The South African Prevention and Combating of Trafficking in Persons Act 7 of 2013. Child Sex Tourism: After explaining the nature and extent of the problem of child sex tourism, this article identifies the relevant instruments of international law, before discussing the legal tools available in South Africa to deal with this issue.
Sexual Offences: as defined in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 Onerserv is a member of the South African ISPA (Internet Service Providers Association) and an Accredited ICANN Registrar, and is bound by their Codes of Conduct relative to protection of minors and vulnerable persons, consumer protection and privacy. (ISPA – ICANN) In terms of the Electronic Communications and Transactions Act (Act 25 of 2002) section 71, the South African Minister of Communications formerly recognised the ISPA in 2009 as an Industry Representative Body.

Regarding Information
Onerserv does not store any Credit Card information on their systems, and is therefore unable to provide same. All Credit Card information is stored via the 3rd Party Gateway supplier.
Onerserv does retain certain client information that is utilised for Billing purposes, as well as data that is required to run the client’s account, products and services. Data storage is dependent on:
the User, whom can delete their data and mails as they chose.
Expired or cancelled products and services may be deleted after 30-days.
Onerserv requires a signed warrant/subpoena issued via the South African Judiciary system as previously mentioned, where the site’s IP address and specific timeline are stated therein.

Onerserv protects the consumer under the POPI (Protection of Personal Information) Act 2013 and shall not distribute any information to a third party whatsoever, unless authorised to do so by a South African Court of Law.

On receipt of a valid request, Onerserv will supply WHOIS details for a domain registration and can supply account holder details as follows:
First & Last Names
Contact number
Physical address
Email addresses
IP Address (date-time stamped) from which the order was placed.

Takedown Information
The Takedown guidelines are set out in Electronic Communications and Transactions Act (Act 25 of 2002) and personal information is required on the form to validate a Takedown Notification. Details of this information may also be found on the ISPA (Internet Service Providers’ Association) website.

Onerserv can only assist in content that is hosted on their platform via a valid User Account. All Takedown Notices must be lodged in writing and can be sent to abuse@oner.co.za. Onerserv cannot assist in any content that is posted on a social media platform e.g. Twitter, Facebook, etc., please liaise directly with the provider. Likewise, Onerserv is unable to request removal of any content that is found on search engines that are not hosted on the oner.co.za platform.

The Electronic Communications and Transactions Act (Act 25 of 2002) provides immunity to South African ISPs (Internet Service Providers) from liability for content that is transited through, or hosted on their networks.

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