|Terms and Conditions:
1. PROVISION OF SERVICES. WEB HOSTING WEB agrees
to provide web site hosting services to THE CLIENT, subject to the following
terms and conditions.
2. CONTENT LIABILITY AND INDEMNIFICATION. THE CLIENT acknowledges that
WEB HOSTING WEB does not regulate or take any responsibility for the
content of its page or for the security of THE CLIENT's password. THE
CLIENT warrants that it has all rights necessary to lawfully submit any
information or materials that it is passing on to WEB HOSTING WEB,
including all intellectual property rights. THE CLIENT agrees to indemnify
WEB HOSTING WEB against actions brought by a third party as a result
of such material or information, or as a result of THE CLIENT's use in
any way of the Services provided by WEB HOSTING WEB.
3. CONTRACT TERMINATION. In the event that WEB HOSTING WEB at any time
reasonably believes that THE CLIENT is in breach of any of the terms and
conditions contained in this agreement or is using WEB HOSTING WEB
services in an unacceptable manner, then WEB HOSTING WEB may immediately
terminate this agreement without liability. THE CLIENT may terminate this
contract at any time by notifying WEB HOSTING WEB. At the time of notification,
THE CLIENT shall be responsible for the entire amount of the most recent
statement and any excess usage charges at the time of termination. Should
THE CLIENT cancel the one year domain option service within the first
12 months, then THE CLIENT is immediately liable for a cancellation fee
of R450.00. Please note that there is a yearly renewal fee on all domain
4. WARRANTIES AND GUARANTEES. WEB HOSTING WEB makes no warranties or
guarantees of any kind, whether express or implied, for the services to
be provided. THE CLIENT agrees that WEB HOSTING WEB shall not be liable
for any losses or damages of any kind to Customer, including, but not
limited to, those that may result from service interruption delays or
non-deliveries. WEB HOSTING WEB makes no warranties regarding its ability
to recover any lost file, regardless of how or why the file was lost.
5. BILLING POLICY. Accounts 10 days past due may be subject to cancellation
which will result in deletion of all of THE CLIENT's files, including
email, backups, databases and domain name. WEB HOSTING WEB will issue
invoices by fax, email or conventional mail. WEB HOSTING WEB is not
a VAT vendor, so all prices are NETT.
6. PAYMENT VIA STOP ORDER. The monthly fee is payable in advance on the
28th day of each month.
7. CREDIT. Credit cards accepted.
8. SUSPENSION OF ACCOUNTS. No notice will be issued of WEB HOSTING WEB's
intent to suspend a site if THE CLIENT is in breach of any of the terms
of this agreement. WEB HOSTING WEB will not be held responsible for
any damages, losses or claims as a result of a site being suspended.
9. DATA RECOVERY AND ADDITIONAL SERVICES. THE CLIENT will be charged at
WEB HOSTING WEB's standard hourly fee of R160 per hour for the recovery
of data or the installation of, or re-installation of components. The
fee will be added to THE CLIENT's regular monthly invoice.
10. THE CLIENT's DATA. WEB HOSTING WEB shall make every reasonable
effort to protect and backup data for THE CLIENT on a regular basis. WEB HOSTING WEB is not responsible nor liable for THE CLIENT's files. THE
CLIENT is solely responsible for their independent backup of data stored
on WEB HOSTING WEB's server and network.
11. AMENDMENTS. WEB HOSTING WEB reserves the right to make amendments
or changes to this agreement with 15 days notice to THE CLIENT.
12. LITIGATION AND ATTORNEY'S FEES. In the event of any dispute arising
out of or relating to this agreement, such dispute shall be resolved in
CAPE TOWN, South Africa and the prevailing party in any such dispute shall
be entitled to reasonable costs, including collection costs, and attorney's
13. ACCEPTANCE OF TERMS. Use of WEB HOSTING WEB's services constitutes
acceptance of the terms and conditions contained in this agreement and
any amendments thereto.
14. WEB HOSTING WEB may provide aggregate statistics about our customers, sales,
traffic patterns and related site information to reputable third-party
vendors, but these statistics will include no personally identifying information.
WEB HOSTING WEB may release account information when we believe, in good faith,
that such release is reasonably necessary to (i) comply with law, (ii)
enforce or apply the terms of any of our user agreements or (iii) protect
the rights, property or safety of WEB HOSTING WEB, our users, or others.
15. WEB HOSTING WEB shall
not be responsible and disclaims all liability for any loss, liability,
damage (whether direct or consequential) or expense of any nature whatsoever
which may be suffered as a result of, or which may be attributable, directly
or indirectly, to the use of or reliance upon any information, links or
service provided through this web site."
16. Spam - Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of usenet groups, posting obscene or threatening
messages while using or referring to a WEB HOSTING WEB email address or web
site URL is prohibited. The use of WEB HOSTING WEB servers as a mail drop for
responses to activities described above is also prohibited. Security Attempts
to manipulate WEB HOSTING WEB servers or client web sites are prohibited. This
includes, but is not limited to, attempting to gain unauthorized access
to WEB HOSTING WEB servers, mail bombing, or other means of deliberately overloading
systems. WEB HOSTING WEB does not allow insecure passwords on the servers.
WEB HOSTING WEB will not replace a password with an "easy one"
17. System Abuse -
Includes, but is not limited to, excessive use of CPU resources or disk
space, installing IRC bots, CGI scripts sharing with domains outside of
WEB HOSTING WEB, or other CGI scripts that use a disproportionate amount of
system resources. WEB HOSTING WEB will determine what constitutes system abuse
18. Web Site Content Management - WEB HOSTING WEB isn't responsible for web
site management or files lost or damaged by users. Web site construction
and management is the responsibility of the client unless constructed
and maintained by agreement in writing between WEB HOSTING WEB and the client.
Client-maintained backup of all site files is recommended, and should
be maintained outside of WEB HOSTING WEB network.
- WEB HOSTING WEB doesn't guarantee that our services will be uninterrupted
and will not be held liable for any claims resulting from the use or the
inability to use WEB HOSTING WEB Services - including, but not limited to,
service interruptions, Internet connectivity problems, unauthorized access
to WEB HOSTING WEB servers, domain name registrar problems, DNS caching, Internet
bandwidth congestion, power failures, and natural disasters.
20. Adult Content and
Warez Sites - WEB HOSTING WEB reserves the right to terminate hosting agreements
should the client be found to be hosting illegal or unsuitable content.
WEB HOSTING WEB will determine what constitutes unsuitable content.
21. Policy Violation
- If an account is used unlawfully or is in violation of the Acceptable
User Policy, WEB HOSTING WEB reserves the right to terminate the account without
notice and without refunds. Files that violate the user policy are subject
to deletion without notice. Clients violating the Acceptable User Policy
will be held responsible for damages to WEB HOSTING WEB, including but not
limited to, WEB HOSTING WEB's systems, servers, connectivity, reputation, business,
service, network, operations, or equipment. All violations will be dealt
with severely to the full extent of the law at the cost of the client.
22. Amendments to the
Acceptable User Policy - The Acceptable User Policy may be updated from
time to time. The client is responsible for visiting WEB HOSTING WEB web site.
on a monthly basis, so that The client may be made aware of any changes
in this policy.
ENTIRE AGREEMENT. This represents the complete agreement and understanding
between WEB HOSTING WEB and THE CLIENT with respect to the subject
matter herein. In the event that any term or provision of this agreement
is held by a court to be unenforceable, then the remaining provisions
shall remain in full force and effect.