[PRIVACY POLICY]: Click ->: http://www.hosting4us.co.za/misc/priv.htm
1. [COMMENCEMENT, TERM AND TERMINATION]
(a) This Agreement shall commence on the date that the provision of the Services are first made available to You, and shall endure for an indefinite period thereafter, on the same terms and conditions as set out in this Agreement, until terminated by either Party giving the other Party 30 days prior written notice.
(b) This Agreement shall be deemed to have been concluded in Cape Town, South Africa, by Hosting4Us's acceptance of Your offer on the terms and conditions as provided in this Agreement.
(c) Hosting4Us will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for a period of time (the Term) being monthly, quarterly, bi-annual and annual.
(d) Hosting4U is a web presence provider, and its services (the Services) are provided to its clients (You; Your) subject to compliance with the following terms and conditions (this Agreement).
(i) By making use of Hosting4Us's Services you indicate Your acknowledgement that You have read and understood this Agreement, and that You agree to be bound by it.
(ii) 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.
(iii) You must have all account information to cancel and send your notification via email to
cancellations@hosting4us.co.za. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on URL renewals.
(e) Hosting4Us's Services are provided on an 'as is', as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or
non-infringement.
(f) Hosting4Us expressly disclaims any representation or warranty that the Hosting4Us Services will be error-free, secure or uninterrupted. No oral advice or written information given by Hosting4Us, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
(g) 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.
(h) If an account holder charges back for services rendered, a R200 charge back fee will be added to the amount charged back by the customer.
(i) 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 a R200 collection fee added to the balance previously due.
2. [CHARGES]
Charges applicable:
(a) Hosting fees as determined by pre-selected packages or by special quote;
(b) Site set-up fees (Where applicable);
(c) Domain registration or domain registration renewal fees (Where applicable);
(d) Website support with regards to hosting problems, email support or the non-functioning of database access (where applicable) is provided at no cost;
(e) Support on doing website content updates, upgrades or changes to WebPages are charged @ R 100 per hour where not covered by development support agreements.
(f) Hosting4U charges for Services on a monthly, quarterly, bi-annual or annual basis with fees payable strictly in advance by You to Hosting4U.
A valid Stop Order must be submitted to your Bank within 7 days of Your placing an order for the Services. A non-payment of the selected basis will accrue an additional handling fee of R50 per occurrence.
(g) Should You choose to pay cash, the only method of payment available would be in advance by direct deposit into Hosting4Us's nominated bank account.
(h) Hosting4Us shall be entitled (without obligation) to suspend the Services on non-payment of applicable charges which are due and payable by You.
(*) To reconnect a suspended site will cost R 100 in addition to the oustanding balance;
(i) In the event of a legal dispute between the Parties, You will be obliged to continue paying the charges as they become due and payable in terms of this Agreement.
(j) Notwithstanding anything to the contrary, ownership of any goods or facilities installed or otherwise provided by Hosting4Us to You will vest in Hosting4Us or the supplier thereof, until such time as the full purchase price has been paid, without any form of deduction or set off.
(k) Hosting4Us reserves the right to adjust Service charges at their sole discretion. A change in charges will be effective immediately and will be recovered from you as soon as possible thereafter.
(l) VAT: We do not charge VAT. All amounts displayed are what the client pays.
3. [REFUND POLICY]
Guarantee. Hosting4U offers you a 30-day guarantee of satisfaction.
(a) If you choose to discontinue hosting with us during the first 30 days of service due to our failure to comply with our predetermined, high standards, a full refund will be made of the fees paid by the customer for those services up to the date of termination.
(b) Hosting4U will offer a refund for the Services if Your written request for termination is received within 7 days of its receipt of Your initial order. The onus is on You to ensure that Hosting4Us receives Your termination request.
(c) All costs, which Hosting4Us may have incurred directly or indirectly as a result of the initial order, are non-refundable. Such items include without limitation domain name(s) registrations, site set-up, man-hours, and traffic volume.
Refunds will be made by electronic bank transfer to a legitimate bank account.
4. [USE AND SECURITY OF YOUR ACCOUNT]
(a) You recognize and understand that the security of Your account is Your sole responsibility. You confirm by this Agreement that Hosting4Us shall be entitled to rely on the fact that any person that has access to the Services via Your account shall be deemed to do so in Your name and with Your consent.
(b) You undertake to notify Hosting4Us immediately in writing if You have cause to believe the security of Your account has been compromised.
You shall be held fully responsible for any misuse of or compromise to Your account of which Hosting4Us is not notified in writing.
(c) Hosting4Us reserves the right to suspend access to Your account, pending a full investigation and resolution thereof, if any security violations are reasonably believed to have occurred in association with Your account.
(d) Hosting4Us further reserves the right to cooperate with any lawful investigation regarding any aspect of Your use of the Services.
(e) Any use of the Services to engage in software piracy or other violations of law will result in account suspension, and will be immediately reported to the appropriate authorities.
5. [YOUR WARRANTIES]
(a) You undertake to only use the Services, any customer-premises hardware and any associated software (where applicable) in accordance with Hosting4Us or supplier instructions and/or software license in effect from time to time.
(b) You undertake to indemnify and keep Hosting4Us indemnified from any claim howsoever arising (lawful or otherwise), brought by any third party resulting from Your use of the Services. You undertake to pay all costs, damages, awards, fees (legal fees on an attorney-and-own-client scale, whether incurred prior to, during or after the institution of legal proceedings) and judgments finally awarded against Hosting4Us arising from such claims.
(c) You undertake at all times to acquaint Yourself with and abide by applicable legislation and regulation, and accordingly indemnify Hosting4Us against any and all damages or loss occasioned by Your non-compliance hereof.
6. [DOMAIN NAMES]
(a) You hereby confirm and warrant that You are the owner of, or are otherwise authorized or entitled to use a trade or service mark associated with any domain name(s) used or applied for and used in conjunction with the Services.
(b) You warrant that Your application for, and where applicable, use, of a domain name(s), in connection with the Services, will not infringe the rights of any other person(s), whether in statute or at common law.
(c) You indemnify Hosting4Us and hold it harmless against any and all claims or losses arising out of any action brought by a third party whose rights in respect of a logo, business name or trade mark have been infringed by You.
(d) Any fees and associated charges incurred in the process of applying for, renewal and maintenance of registration of the domain name(s), including any administrative work performed by Hosting4Us following a dispute to the domain name(s) are for Your account, and are non-refundable.
(e) Any Internet Protocol (IP) address allocated by Hosting4Us to You shall at all times remain the sole property of Hosting4Us, and You will have a non-exclusive, non-transferable license to use such IP address for the duration of this Agreement.
(f) If this Agreement is terminated, for whatever reason, Your license to use the IP address shall immediately, automatically, and without prejudice, terminate.
7. [DISCONTINUANCE OF SERVICES, MONITORING, NOTIFICATION]
(a) Hosting4Us reserves the right to refuse or discontinue all or part of the Services at its sole discretion if You engage in any conduct or activity that Hosting4Us in its sole discretion believes violates any of the terms and conditions in this Agreement, or is detrimental to its interests hereunder.
(b) You acknowledge that Hosting4Us has the right to monitor Your use of the Services from time to time in accordance with applicable legislation, and to disclose any information as is necessary in compliance with the law.
(c) Hosting4Us assumes no obligation to act as an information content monitor, but reserves the right to refuse to post, or to remove from publication, any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of law or of this Agreement.
(d) Hosting4Us shall have no obligation, on discontinuation of provision of the Services, to notify any third-party providers of services, merchandise or information, nor shall it be liable for any consequences resulting from such discontinuance or lack of notification.
8. [NO WARRANTIES]
(a) Other than as set out in this Agreement, Hosting4Us, its employees and agents make neither express nor implied warranties or representations of any kind in respect of the Services, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for any particular purpose. The Services are provided on an "as is" and "as available" basis. All warranties that are implied or residual in common law are hereby expressly excluded.
(b) Without limitation to the generality of the above clause, Hosting4Us does not warrant that the Services available to You:
(i) will be preserved or sustained in their entirety;
(ii) will be suitable for any purposes;
(iii) will be free of errors, defects, bugs or viruses of any kind;
and Hosting4Us assumes no liability, responsibility or obligation with regard to any of the exclusions as set out in this clause.
9. [EXCLUSION OF LIABILITY]
(a) Under no circumstances shall Hosting4Us be liable to You or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from Your use of or inability to use the Services, or for third parties' use of the Services, or Your or any third parties' reliance on or use of information, services, or products provided together with, on or through the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
(b) Subject to the above clause, the entire liability of Hosting4Us, and Your exclusive remedy for damages related to or arising from this Agreement, will not exceed the average aggregate of the charges paid by You to Hosting4Us during the 3 months directly preceding the claim.
(c) Hosting4Us reserves the right from time to time to suspend access to or provision of the Services for maintenance and repair work to its systems and infrastructure. In such instances and where possible, Hosting4Us shall endeavor to provide due notice in advance of any restriction of or limitation to the Services.
Any liability for any loss or damage arising from such restriction or limitation, whether direct or consequential, is hereby excluded, and the provisions of the first Exclusion of Liability clause above shall apply with the necessary changes to such restriction or limitation.
10. [INDEMNIFICATION]
(a) You agree, without limitation or exception, to indemnify, defend, and hold harmless Hosting4Us from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees (on an attorney-and-own-client costs scale basis), causes of action or claims caused by or otherwise resulting indirectly from Your use of the Services which causes damage, either to You, Hosting4Us, or any other third party.
(b) This indemnification extends to all issues associated with Your account, including but not limited to domain name(s) selection and web site content.
11. [CLIENT INFORMATION, FINANCIAL INFORMATION, RIGHT OF USE]
(a) You warrant that all information provided by You to Hosting4Us, including without limitation all Your identification and contact information, is true and correct, and that should such information change, You will notify Hosting4Us thereof within 30 days of such change.
(b) You further warrant that You are the authorized user of any financial information provided (including without limitation any current account or credit card information) provided to Hosting4Us, and that Hosting4Us has the right to investigate and pursue any possible fraudulent use thereof.
12. [VIRUS SCANNING, SPAM FILTERING, PERMANENT DELETION AND BACKUP OF DATA]
(a) Your use of the Services is at Your sole risk. Hosting4Us is not responsible for the security or integrity of any information stored with Hosting4Us and associated with Your account.
(b) You undertake full responsibility for the integrity of all files and information communicated via the Services, and You will ensure and maintain appropriate backup facilities of files and information stored on Hosting4Us servers.
(c) You acknowledge that, upon the termination of this Agreement for whatsoever purpose, Hosting4Us shall be entitled to permanently remove your information from its servers within a reasonable period, following notice to You.
If You have not made alternative arrangements acceptable to Hosting4Us for the safe transfer or further storage of Your information, Hosting4Us accepts no liability for the permanent deletion thereof.
(d) As a responsible party facilitating access to the Internet and associated protocols, Hosting4Us has a virus scanning and Spam filter activated by default. In the unlikely event that “false positives” (a legitimate message mistakenly marked as Spam) occur, Hosting4Us will not be held liable for any direct, indirect or consequential loss, should legitimate information incorrectly be identified as Spam or a virus, and filtered out, and the provisions set out in clause 1 of the Exclusion of Liability provision above will apply, with the necessary changes.
13. [INTELLECTUAL PROPERTY]
(a) You acknowledge that, by virtue of this Agreement, you acquire no interest or any other right in the Intellectual Property of Hosting4Us or its affiliates, and that all such Intellectual Property is and shall remain the exclusive property of the Party to which it belongs.
(b) If You become aware of any actual, threatened or suspected infringement of such Intellectual Property, You undertake to immediately notify Hosting4Us thereupon in writing.
14. [GENERAL]
(a) Choice of Law, Jurisdiction: This Agreement shall be governed in all respects by the laws of the Republic of South Africa. Both Parties consent to the
non-exclusive jurisdiction of the Magistrates Court, Cape Town, with regard to any proceedings in connection with the Agreement, but You acknowledge that Hosting4Us shall be entitled to institute proceedings in the High Court of South Africa.
15. [ACCEPTABLE USE POLICY (AUP)]
A. USER CODE OF CONDUCT AND PROHIBITED ACTIVITY
(a) The Services may only be used in accordance with this Agreement, and for lawful purposes.
Use of the Services, which violates this Agreement, or any applicable laws, is strictly prohibited.
(b) You understand and acknowledge that by using the Services to make information available via the Internet or any of its protocols, such information may become available to all Internet users, and that Hosting4Us assumes no obligation or liability in limiting or restricting access to such information, or protecting such information from infringement.
(c) You assume total responsibility and risk for Your use of the Services and the Internet. It is Your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, products and services, and any other information, and the quality of all merchandise provided through Hosting4Us or on the Internet generally.
(d) While using the Services, You may not (nor may You authorize or permit any third party to) knowingly and intentionally:
(i) Use the Services in any manner prohibited by relevant legislation, including the Electronic Communications and Transactions Act 25 of 2002;
(ii) Post, access or transmit any unlawful information (including without limitation abusive, defamatory, obscene, or like infringing information of any kind; any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws);
(iii) Post, publish, transmit, reproduce or distribute any information or software that contains a virus or other harmful component;
(iv) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
(v) Cause damage to or otherwise interfere with the proper operation of Hosting4Us’s systems, including without limitation the fraudulent use, falsification or other circumvention of identification procedures, the obtaining access beyond that which You are authorized for, or impairing the availability, reliability, or quality of Hosting4Us’s Services to other clients;
(vi) Cause damage to or otherwise interfere with the proper operation of any other information systems accessible via the Internet, including any attempt at unauthorized access of restricted forums or resources;
(vii) Avoid or contravene the Acceptable Use Policy of any network or service You connect to via the Internet; or
(viii) Make use of the Services for the transmission or facilitation of Spam (which may be declared so by Hosting4Us in its sole and unfettered discretion, following an investigation into Your use of the Services for qualities including the transmission or facilitation of the transmission of information which is characterized as being unsolicited (whether of not being of a commercial or promotional nature), or where a single or similar message is transmitted or facilitated in bulk, and considered to be an annoyance or hindrance to others), whether by email, Usenet postings, or any other communication mechanism relying on the Services.
(e) Any breach of this clause will constitute a material breach of this Agreement, and shall, without derogating from any other right of recourse available to it, entitle Hosting4Us to immediately suspend the Services.
B. Sending Unsolicited Commercial Email (UCE or “SPAM”)
(a) Hosting4Us takes a strong stand against those who would make use of the Hosting4Us infrastructure to send bulk unsolicited commercial email or other bulk email (known as "Spam").
(b) Most Internet users object strongly to being sent such mail, and it is clearly an abuse of resources to which the offender is not legally or ethically entitled.
(c) Users may maintain mailing lists only with the full prior permission and approval of the list members, and at the members' sole discretion. Mailing lists that contain addresses that are not deliverable or that contain addresses of unwilling recipients must have those addresses promptly removed.
(d) Clients are urged never to reply to SPAM, as this is often nothing more than confirmation that your email address is valid, and will result in more SPAM being sent.
(e) Additionally, it is strongly suggested that users do not purchase lists of email addresses for marketing or advertising purposes, as such lists are usually fraudulent and more often than not contain lists of email addresses obtained through devious, unethical means.
C. Denial of Service and Network Abuse
(a) Hosting4Us will not allow users of its infrastructure to disrupt the normal functioning of any part of the Internet, or to attempt to circumvent any security measures. This includes all manner of denial of service (DoS) attacks, usage of another user's Internet account without that user's permission, and any form of attempted circumvention of any network security measures ("cracking" or "hacking").
(b) Other prohibited activities include (but are not limited to): unauthorized probes ("scanning" or "nuking") of others' networks; the willful distribution of malicious software (viruses, Trojans, worms, etc); "mail bombing", and so forth. Any action that may be deemed harmful or invasive is strictly forbidden.
D. Possible Actions
(a) Hosting4Us reserves the right - at its sole discretion - to take action against all forms of abuse, such
as those listed herein, and other types of abuse not listed in this document.
(b) Upon receipt of a complaint, or having become aware of an incident, Hosting4Us reserves the right:
(i) In the case of networks connected to Hosting4Us, to:
(a) Inform the network's administrator of the incident;
(b) Require the network administrator or network owner to deal with the
incident according to Hosting4Us's AUP (this document);
(c) Charge the offending parties for machine and human time lost due to the
incident and costs for bandwidth and other resources;
(d) In severe cases, suspend the entire network's access permanently, or
until abuse can be prevented by appropriate means.
(ii) In the case of individual users, to:
(a) Warn the user;
(b) Suspend the user's account;
(c) Withdraw the user's network access privileges completely
(d) Charge the offending user for machine and human time lost due to the
incident;
(e) Share information concerning the incident with other Internet access
providers, or publish the information.
16. [IN CONCLUSION]
Hosting4Us firmly believes in the right to privacy, and it is not Hosting4Us’s policy to permit or deny communication on the basis of the content, except where forced to by law or where bound by the above policies.
Pre-Contractual Negotiations:
This Agreement supersedes any written, electronic, or oral communication You may have had prior to the conclusion of this Agreement with Hosting4Us, or any agent or representative thereof, and this Agreement constitutes the complete and total Agreement between the Parties.
Acting as Principal:
Each Party warrants that, in entering into this Agreement, it acts as a principal and not as an agent for any undisclosed principal.
Domicilium Citandi Et Executandi:
The Parties choose their addresses as provided for the purposes of this Agreement as their respective addresses for all purposes, including without limitation for the delivery of notices. Each Party shall be entitled to vary its address in writing to the other Party.
Any communication shall be deemed to have been received on the 7th day following dispatch thereof.
Notwithstanding anything to the contrary, a communication actually received by a Party shall be adequate notice, notwithstanding that it was not sent to the other Party’s chosen address.
Unilateral Amendment:
Hosting4Us shall be entitled to unilaterally amend the terms of this Agreement insofar as they relate to the applicable charges from time to time, which shall then become effective as from the date Hosting4Us notifies You thereof. Further, Hosting4Us shall be entitled to unilaterally vary the terms of this Agreement upon a change in the law as it applies to the telecommunications sector in general, in order to continue to offer its Services to all then current clients.
No Variation:
Subject to the foregoing provisions, no acceptance by You of information offered by Hosting4Us, its agents or employees, shall constitute an agreement expanding or diluting the terms and conditions of this Agreement, unless such offer and acceptance is explicitly intended to vary this Agreement in an addendum, and is signed by an authorized representative of Hosting4Us.
Indulgence:
An indulgence granted by either Party shall not constitute a waiver or abandonment of any of that Party’s rights in this Agreement, or that Party shall not be precluded from exercising any right against the other Party which may have arisen in the past, or which may arise in the future.
Waiver:
A waiver by either Party of any provision of this Agreement shall not be binding against that Party unless expressed in writing and signed by the Party giving it, and in that event such waiver will only be effective in that specific instance and for that specific purpose.
Severability:
If any provision of this Agreement is determined by a Court of competent jurisdiction to be invalid or unenforceable, all remaining provisions of this Agreement shall remain in full force and effect, said provision shall be performed to the maximum extent possible so as to obtain the intended result, and Hosting4Us shall be entitled to review, correct and communicate a reformed provision only to the extent necessary to give intended effect to the original provision.
Surviving Clauses:
Upon the termination or cancellation of this Agreement or any clauses hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation (including without limitation, the clause describing Intellectual Property provisions) shall so continue and survive.
Assignment:
You will not be entitled to cede or assign this Agreement or any part thereof without the prior written consent of Hosting4Us, and this Agreement shall be binding on Your respective successors and assigns. Hosting4Us shall be entitled to assign its rights and obligations without Your consent to an entity which acquires all or substantially all of the assets of Hosting4Us, provided that such assignment does not relieve such assignee of its obligations under this Agreement.
Representations:
Neither Party shall without the prior written consent of the other Party refer to itself as an authorized representative of the other Party, nor use the other Party’s logos, trade or service marks.
Notwithstanding the foregoing, Hosting4Us is hereby authorized to identify You as it’s customer for reasonable marketing and/or publicity announcements.
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