Hosting Terms and Conditions
This Agreement sets forth the Standard Terms and Conditions that apply to the use of our ISP hosting services.
the right to, if we found that you registered with false, gross
misleading or incorrect information, terminate all relationship with
immediate effect and also reserve the right to report potential fraud or
illegal activities to the relevant authorities. Any or all money
already paid will be forfeited unless your bona-fides can be established
Contents of Messages
You are solely responsible for the contents of your messages and your website and the consequences thereof, including, but not limited to, backup, maintenance and operation. You agree not to do anything which would restrict or inhibit any other user from using and enjoying the Internet.
You further agree not to use the Network to send any messages or material that are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. We reserves the right to terminate your account with or without prior warning if we becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
Unlawful of Prohibited Use
As a condition of your use of the ISP Hosting Service you warrant that you will not use the Network Service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of South African regulations or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. We reserve the right to remove such illegal material from the ISP Network servers immediately.
Terms of Payment
You agree to pay in time the appropriate payment for the services received from SA Internet News Group cc, in advance of the time period during which such services are provided. Payment may be made by Cash Deposit, Bank Transfer or Credit Card payment. You further agree that until and unless you notify us via e-mail or in writing your desire to cancel any or all services received, those services will be billed on a recurring basis. You cannot terminate a service by simply stop paying for it.
If an account is not paid on the due date the account will be placed in suspension until payment is received. Such account will incur a R85 (Eighty five rand) late payment admin fee and we will not unsuspend the account until all outstanding invoices, including the late payment admin fee, was paid. If any invoice is not paid within 15 (fiveteen) days we will terminate such account without further notice.
Such terminated account can only be restored from the most recent backup upon receipt of all outstanding amounts as well as a hundred and fifty (R150.00) Rand re-activation fee.
No receipts will be sent by regular mail.
Monies already paid will always first being utilized against administration fees, services fees, hosting fees and then domain registration or renewal fees, in that order.
We also reserve the right to change prices at any time.
Web Site Content
Full back-ups are made daily, weekly and monthly on the network itself as well as offsite every 3rd day. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You are responsible for keeping a copy of your most current web site files as backup on a remote system. We are not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error at SA Internet News Group cc, we will use all reasonable efforts to recover the data at no charge to you. If data loss occurs due to your negligence in securing your account or due to an action on your part, we will use all reasonable efforts to recover the data from the most recent archive for a hundred and fifty (R150.00) Rand fee.
You may not initiate sites that provide any of the following of the following content or links on the Network servers:
* Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost.
* Hacking, phreaking, viruses, anarchy, etc.
* IRC Bots, Spamware.
* Archives (music, video and program archives)
* Sexually explicit, obscene or pornographic content (whether in text or graphics)
* Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity.
* Graphic violence.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published herewith, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future policy decisions and we reserve the right to terminate any account that does not conform to these requirements.
Zero Tolerance Spam Policy
We takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of one hundred (R100) Rand if we can show proof that the user sent the e-mail from our servers or network. We reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
Hosting Service Provider's Rights
You agree that we has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. We reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. We also reserve the right to refuse refunds in cases where the user is in breach of this agreement.
We guarantees the service will be available 99% of the time for a "99% Uptime Guarantee" to any of our customers in good financial standing. If we fail to meet the 99% Uptime Guarantee, the following credits will apply to those who qualify:
* 95% to 99% - We will credit back 25% of the monthly fee.
* 90% to 94% - We will credit back 50% of the monthly fee.
* 89% or below - We will credit back 75% of the monthly fee.
Customers must request such credit within seven (7) days after invoice date. We will calculate Network Unavailability in a calendar month. Credits will not be provided to customers in the event that the Network Unavailability was due to
(i) scheduled maintenance as posted from time to time on our websites,(ii) customer's behavior or the performance or failure of customer's own website, applications or script or
(iii) circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third part software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
Sharing of Account Space & Resale Restrictions
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client. You agree that you are the individual solely responsible for the account whether it's on behalf of a client or not.
We will refund hosting payments within thirty (30) days of account activation, with the exception of setup fees, domain registration fees and additional charges. No refunds will be issued after thirty (30) days, whether in full or prorata. All refunds will be made by company check within thirty (30) days of receipt of cancellation. Accounts terminated for violation of the Terms of Service do not qualify for the 30-day money back guarantee.
The refund policy only applies to new clients that tried our hosting services for one month and are not satisfied with the results. After one month 30 days notice is required to terminate an account.
We may terminate this agreement and your access to any or all Network related services at any time, with or without cause, effective immediately, if an user is in breach of this agreement or if we are forced to do so due to unforeseen circumstances out of our control. You may terminate this Agreement at any time by notify us via e-mail with 30 days notice period. You may not terminate the account by simply stop paying for your account.
We must receive all termination
requests before the end of the current billing period in order to avoid
paying for the next term's service. Account cancellations for accounts
with a negative balance will be passed on to collections, and all
services rendered to the party with the negative balance, including
domain registrations, will be terminated with or without any further
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
Disclaimer of Warranties / Limitation of Liability
SA Internet News Group cc SERVICE PROVIDED IS 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. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT SA Internet News Group cc SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OURSELVES, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ISP NETWORK SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE DOMAINHOST NETWORK SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NETWORK RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WE WAS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM OUR ISP HOSTING NETWORK AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Copyright and Trademarks
All contents of the website are proprietary to SA Internet News Group cc and are protected under Copyright. All rights are reserved. SA Internet News Group cc, its Network and/or suppliers reserves any rights not expressly granted herein. Furthermore, SA Internet News Group cc and/or suppliers retain all rights to the web design provided to you through the SA Internet News Group cc.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond our control, we are unable to perform in whole or in part its obligations as set forth in this Agreement, then we shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make SA Internet News Group cc liable to the User.
South African law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the South African Government.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless SA Internet News Group cc against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the ISP Network Service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.
You agree that your sole and exclusive remedy to any issues relating to the SA Internet News Group cc ISP Network Service is to discontinue using the Service.
In the event of a merger or consolidation, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.
The failure to enforce a provision of this Agreement shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Modification of Terms
We reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Web Site. You are responsible for regularly reviewing these documents. Continued use of the SA Internet News Group cc SA Internet News Group cc after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to these Terms.
Domain Name Terms and Condtions
Domain Registration Agreement1. Definitions