DISCLAIMER
Thank you for taking the time to read our disclaimer.
Hosting4us at its sole discretion, may choose to change the terms,conditions and operation of this Web site at anytime.
By using this service the user waives any rights or claims it may have
against Hosting4Us, regarding any changes made.
Without limiting the foregoing, Hosting4Us shall not be liable to you or
your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any
goods or services provided, whether for breach of warranty or any obligation
arising therefrom or otherwise, whether liability is asserted in contract or
or not (including negligence and strict product liability) and irrespective
of whether you have been advised of the possibility of any such loss or damage.
Each party hereby waives any claims that these exclusions deprive such party
of an adequate remedy. You acknowledge that a third party may advertise their
products and services on the Hosting4Us web site.
Hosting4Us forms partnerships or alliances with some of these vendors from time
to time in order to facilitate the provision of these products and services to you.
However, you acknowledge and agree that at no time is Hosting4Us making any representation
or warranty regarding any third party's products or services, nor will Hosting4Us be
liable to you or any third party for any claims arising from or in connection with
such third party products and services.
You hereby disclaim and waive any rights and claims you may have against Hosting4Us
with respect to third party products and services, to the maximum extent permitted
by law.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
* 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 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 Cancellations
If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on URL renewals.
* 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.
* 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.
* 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.
* 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.
* 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.
* All accounts are subject to verification.
ACCEPTABLE USE POLICY
This Acceptable Use Policy ("AUP") specifies the actions prohibited to users of
our network "infrastructure" and is intended to enhance the use of the Internet
by preventing unacceptable use.
Users are required to adhere to all the policies specified in this AUP without
exception.
LAWFUL USAGE
Our "infrastructure" may be used only for lawful purposes. Users may not violate
any applicable laws or regulations of South Africa within the territory of South Africa.
Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
Transmission, distribution or storage of any material on or through the infrastructure
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 authorisation, and material that is
obscene, defamatory, constitutes an illegal threat, or violates export control laws.
THE NETWORK
The user acknowledges that Hosting4us is unable to exercise control over the content
of the information passing over the infrastructure and the Internet, including any
websites, electronic mail transmissions, news groups or other material created or
accessible over its infrastructure.
Therefore, Hosting4Us is not responsible for the content of any messages or other
information transmitted over its infrastructure.
Our infrastructure are linked into other networks worldwide and the user agrees to
conform to the acceptable use policies of these networks.
The user may obtain and download any materials marked as available for download off
the Internet but is not permitted to use its Internet access to distribute any
copyrighted materials unless permission for such distribution is granted to the
user by the owner of these materials.
The user is prohibited from obtaining and or disseminating any unlawful materials,
including but not limited to stolen intellectual property, child pornography, and/or
any unlawful hate-speech materials downloaded from the Internet.
SYSTEM AND NETWORK SECURITY
All references to systems and networks under this section includes the Internet
(and all those systems and/or networks to which user is granted access through
Hosting4Us) and includes but is not limited to the infrastructure of Hosting4Us itself.
The user may not circumvent user authentication or security of any host, network, or
account (referred to as "cracking" or "hacking"), nor interfere with service to any
user, host, or network (referred to as "denial of service attacks").
Violations of system or network security by the user are prohibited, and may result
in civil or criminal liability. Hosting4Us will investigate incidents involving such
violations and will involve and will co-operate with law enforcement officials if a
criminal violation is suspected.
Examples of system or network security violations include, without limitation,
the following:
* Unauthorised access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of any system or network
or to breach security or authentication measures without the express
authorisation of Hosting4Us.
* Unauthorised monitoring of data or traffic on the network or systems
without express authorisation of Hosting4Us.
* Interference with service to any user, host or network including, without
limitation, mailbombing, flooding, deliberate attempts to overload a
system and broadcast attacks.
* Forging of any TCP-IP packet header (spoofing) or any part of the header
information in an email or a newsgroup posting.
eMAIL USE
It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or
"spam") of any kind (commercial advertising, political tracts, announcements, etc). This
is strongly objected to by most Internet users and the repercussions against the
offending party and Hosting4Us can often result in disruption of service to other
users connected to Hosting4Us.
The maintaining of a mailing list by users of Hosting4Us is accepted only with the
permission and approval of the list members, and at the members' sole discretion.
Should mailing lists contain invalid or undeliverable addresses or addresses of
unwilling recipients those addresses must be promptly removed.
Users may not forward or propagate chain letters nor malicious e-mail.
Public relay occurs when a mail server is accessed by a third party from another domain
and utilised to deliver mails without the authority or consent of the owner of the
mail-server. Users' mail servers must be secure against public relay as a protection
to both themselves and the Internet at large. Mail servers that are unsecured against
public relay often become abused by unscrupulous operators for spam delivery and upon
detection such delivery must be disallowed.
Hosting4Us reserves the right to examine users' mail servers to confirm that no mails
are being sent from the mail server through public relay and the results of such
checks can be made available to the user. Hosting4Us also reserves the right to examine
the mail servers of any users using Hosting4Us mail servers for "smarthosting"
(when the user relays its mail off an Hosting4Us mail server to a mail server of its own)
or similar services at any time to ensure that the servers are properly secured against
public relay. All relay checks will be done in strict accordance with Hosting4Us' policy
of preserving customer privacy.
COMPLAINTS
Upon receipt of a complaint, or having become aware of an incident, Hosting4Us reserves
the right to:
* Inform the user's network administrator of the incident and require the
network administrator or network owner to deal with the incident according
to this AUP.
* In the case of individual users, suspend the user's account and withdraw the
user's
network access privileges completely.
* Charge the offending parties for administrative costs as well as for machine and
human time lost due to the incident. In severe cases suspend access of the user's
entire network until abuse can be prevented by appropriate means.
* Share information concerning the incident with other Internet access providers, or publish the
information, and/or make available the users' details to law enforcement agencies.
* Hosting4Us may take any one or more of the steps listed above, insofar as Hosting4Us deems them necessary in its absolute and sole discretion, against the offending party.
All cases of violation of the above Acceptable Use Policy should be reported to
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