This is an agreement between you and ’the service provider’ regarding your use of ’the service providers’ computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which ’the service provider’ makes the services offered by ’the service provider’ available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with ’the service provider’ web hosting or similar services. Under this Agreement, you must comply with ’the service providers’ then current “Acceptable Use Policy,” as updated from time to time by ’the service provider’.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. ’The service provider’ will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to email@example.com If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services.
2. ’The service provider’ reserves the right to cancel services at any time. In such an event, you will be notified of the cancelation and when possible allowed 30 days after notice to move service to another provider. ’The service provider’ reserves the right to waive outstanding amounts on the account.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by ’the service provider’, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of ’the service provider’ based upon the severity of the violation. ’The service provider’ reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of ’the service providers’ then current Acceptable Use Policy, in the sole and absolute opinion of ’the service provider’. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless ’the service provider’ from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by ’the service provider’, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that ’the service provider’ reserves the right to change the specified rates and charges from time to time. 5. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. ’The service provider’ will not change passwords to any account without proof of identification, which is satisfactory to ’the service provider’, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that ’the service provider’ will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will ’the service provider’ be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless ’the service provider’ from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm ’the service provider’, its reputation, computer systems, programming, and/or other persons using ’the service providers’ services. ’The service provider’ reserves the right to select the server for the Account Holder’s website for best performance. The Account Holder understands that the services provided by ’the service provider’ are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers and will need to relocate its website. ’The service provider’ will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then ’the service provider’ has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless ’the service provider’ and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by ’the service provider’ The terms of this Section will survive any termination of this Agreement.
7. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of ’the service provider’.
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. ’The service provider’ has the absolute right to reject any advertising or other third party content that is illegal, offensive, or otherwise in breach of the then-current ’service providers’ Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by ’the service provider’, ’the service provider’ may terminate the services being provided to the Account Holder.
9. ’The service provider’ will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall ’the service provider’ be liable to the Account Holder for any damages resulting from or related to any failure or delay of ’the service provider’ in providing access to the Internet under this Agreement. In no event shall ’the service provider’ be liable to the Account Holder for any indirect, special, or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of ’the service provider’ under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person and for ensuring full compliance with this Agreement by all users of that account. A ’the service provider’ account may not be transferred without prior written approval from ’the service provider’. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of ’the service provider’ services, including any damages resulting therefrom, until the Account Holder notifies ’the service providers’ customer service.
11. If ’the service provider assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the ’the service provider’s services, the right to use that Internet Protocol address will remain with and belong only to ’the service provider’, and the Account Holder will have no right to use that Internet Protocol address except as allowed by ’the service provider’ in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and ’the service provider’ with respect to the ’the service provider’ services and supersedes all prior agreements between the Account Holder and ’the service provider’. ’the service providers’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. The arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold ’the service provider’ harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and ’the service provider’ will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. ’The service provider’ may include the Account Holder’s name and contact information in directories of ’the service providers’ service subscribers for the purpose of promoting the use of the services by additional potential clients. However, ’the service provider’ is not authorized to print the Account Holder’s name, trademarks, or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of ’the service provider’ services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult-related material. This being said, there are still several reasons why ’the service provider’ has been forced to create its no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund if an account is canceled within the initial 30 days after signing up. Reseller account holders can receive a refund if an account is canceled within the initial 7 days after signing up. If the account holder cancels after the time period specified, there will be no refund given.
20. Once your account has exceeded its allotted resource limits (such as, but not limited to bandwidth or disk space) additional fee’s will be applied. Full responsibility for any excess resources generated by an account is assumed by the account holder. Temporary closure of accounts after resource exhaustion will not be applied automatically unless specified by the account holder.
NB: please view our ’hosting package’ pages within our website for current pricing and general information regarding this.
21. If an account holder’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a R200 chargeback fee will be added to the amount charged back by the customer.
23. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur an R200 collection fee added to the balance previously due.
24. All accounts are subject to verification.
25. You agree that ’the service provider’ may establish limits concerning the use of any of ’the service provider’ services offered on any of ’the service provider’s websites, including without limitation the maximum number of days that e-mail messages will be retained by any of ’the service provider’s services, the maximum number of e-mail messages that may be sent from or received by an account on any of ’the service provider’s services, the maximum size of an e-mail message that may be sent from or received by an account on any of ’the service provider’s services, the maximum disk space that will be allotted on ’the service providers’ servers on your behalf either cumulatively or for any particular service. You agree that ’the service provider’ has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any of ’the service provider’ services. You acknowledge that the features, parameters (for example, the amount of storage available to users), or the existence of any of ’the service provider’ services may change at any time.
26. In the event of 30 days of non-payment, you agree to ’the service providers’ right to place a “non-payment” page on your domain. Furthermore, you agree that the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by ’the service provider’.
27. ’The service provider’ may temporarily deny service or terminate this Agreement upon the failure of the Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
28. The responsibility of all passwords and other related sensitive information is assumed by the account holder, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on ’the service provider’.
29. Limitation of liability – You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement, is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed two thousand (R2000) rand.
What does ’the service provider’ consider “Adult Material?”
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites that violate policy #1.
Why does ’the service provider’ have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high-traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option. ’The service provider’ reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.
Web Hosting Acceptable Use Policy
By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality In any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. ’The service provider’ reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
’The service providers’ servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising, or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
It is contrary to ’the service providers’ policy for customers to use our servers to effect or participate in any of the following activities:
– To post to any Usenet or other newsgroup, forum, e-mail mailing list, or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
– To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
– To engage in any of the foregoing activities using the service of another provider, but channeling such activities through ’the service providers’ provided server, or using ’the service provider’ provided server as a maildrop for responses;
– To falsify user information provided to ’the service provider’ or to other users of the service in connection with use of a ’the service providers’ service.
When ’the service provider’ becomes aware of an alleged violation of its AUP (Acceptable Use Policy), ’the service provider’ will initiate an investigation (within 24 – 48 hours).
During the investigation ’the service provider’ may restrict the Customer’s access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, ’the service provider’ may, at its sole discretion, restrict, suspend, or terminate the Customer’s account and/or pursue other civil remedies. Also, ’the service provider’ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, ’the service provider’ will notify the appropriate law enforcement department of such violation.
’The service provider’ does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by ’the service provider’ as a result of the customer’s violation of these terms and conditions. This is including but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of R 1,500.00 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in a Cleanup Fee of R 3,500.00 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R 1,500.00 per hour that ’the service provider’ personnel must spend to investigate any violations.
’The service provider’ reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations the service providers’ policy may contact via e-mail: firstname.lastname@example.org