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Terms and conditions:
This Agreement sets forth the Standard Terms and
Conditions that applies to the usage of web-host.za.net's Internet services.
Web-host.za.net is the Internet services division of
InTsol cc and as such is owned and
administered by InTsol cc. Referring to or mentioning
web-host.za.net also refers to or mentions InTsol cc.
BY USING WEB-HOST.ZA.NET'S HOSTING
SERVICES AND/OR DOMAIN NAME REGISTRATION SERVICE YOU AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS OF SERVICE
AS SET OUT ON THIS PAGE. THESE
TERMS AND CONDITIONS APPLY TO ALL WEB-HOST.ZA.NET'S INTERNET SERVICES CLIENTS.
Terms and Conditions
You agree to familiarize yourself with these terms, and abide by them if you
choose to use the services to which these terms apply.
User Conduct
You agree to abide by all applicable local, state, national and international
laws and regulations regarding your use of our service.
User Eligibility
You represent and warrant that you are the person legally responsible for all
usage of this account and that you are at least 18 years of age. If you are
under 18 years of age, you must have parental consent in order to sign up, and
the account must be ordered by a parent or legal guardian and registered in
their own name. You agree to supply web-host.za.net
with a current and truthful name, postal address and telephone number for
our records, and you have a continued obligation to keep this information
current.
Contents of Messages
You are solely responsible for the contents of your messages and your website
and the consequences thereof. You agree to abstain from actions that would
restrict or inhibit any other user from using and enjoying the Internet. You
further agree not to use the services of web-host.za.net
to send any
messages or material that are unlawful, harassing, libellous, abusive,
threatening, harmful, vulgar, obscene or that otherwise constitute a criminal
offence. You further agree to abstain from any action which may give rise to
civil liability or otherwise objectionable material of any kind or nature or
that encourages conduct that could constitute a criminal offence, or any action
that may give rise to civil liability or otherwise violate any applicable local,
state, national or international law or regulation. web-host.za.net
reserves the right to terminate your account if web-host.za.net
becomes aware and determines, in its sole discretion, that you are
violating any of the foregoing guidelines through unlawful or Prohibited Use.
As a condition of your use of the web-host.za.net
Hosting Service you warrant to web-host.za.net
that you will not use the web-host.za.net
Hosting Service for any unlawful purpose. Transmission, distribution, or
storage of any information, data or material in violation of United States or
other state regulation 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. web-host.za.net reserves
the right to remove such illegal material from the Diamond Integrated Solutions
cc servers immediately.
Terms of Payment
You agree to pay web-host.za.net appropriate
payment for the services received from web-host.za.net , in advance of the
time period during which such services are provided. Payment may be made by
Cash, Debit Order or Bank Transfer, however web-host.za.net
may require users to return a debit order Authorization Form for any payment
cost over three hundred (R300) Rand. If you pay by debit order, you agree to
provide web-host.za.net with
current billing and contact information and authorize web-host.za.net
to bill all account and related charges to the bank account on file. You
further agree that until and unless you notify web-host.za.net
of your desire to cancel any or all services received, those services
will be billed on a recurring basis. You agree that prepayments will be billed
and charged automatically, that web-host.za.net
may apply the amount due to the provided account at any time, and will
issue absolutely no refunds. If your debit order is denied for any reason on the
first attempt, we will automatically attempt to resubmit such a debit order
within ten business days of the original attempt. Should the debit order be
denied again, we may terminate the account. All files within the account may be
deleted on termination. You may notify us in advance not to bill your account,
and to provide for alternative billing arrangements.
If an account is not paid for at closing time the third (3) day of each month the
account may be placed in suspension until payment is received. web-host.za.net
will charge an
additional twenty five (R25) Rand to activate the account again.
Users will have seven (7) days after this suspension to make payment. After
seven (7) days of this period, web-host.za.net
will charge an additional ninty five (R95) Rand for late payment.
No receipts will be sent by regular mail.
All accounts are setup and billed on a prepaid monthly basis. web-host.za.net
reserves the right to change prices at any time but will try not to
increase prices unless it is absolutely necessary.
All payments are to be made in South African currency.
If users failed to make payment within thirty (30) days, web-host.za.net
reserve the right to either take ownership of such domain and use it for
their own purposes, delete such domain and forfeit any monies already paid or
hand the account over to our agents for collection or take ownership of the
relevant domain name to cover costs.
Monies already paid will always first be utilized against administration fees,
services fees, hosting fees and then domain registration fees, and in this
order.
Web Site Content
Full back-ups are made weekly, and back-ups of new/changed data are made
nightly. 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. web-host.za.net
is not responsible for any lost files, information, or data. However, if
any loss of data occurs due to an error of web-host.za.net , web-host.za.net
will use any reasonable efforts to recover the data at no charge to you. If
data loss occurs due to your negligence in securing an account or due to an
action on your part, web-host.za.net
will use reasonable efforts to recover the data from the most recent archive @
our standard fee of R200ph.
User Responsibilities
You may not initiate sites that provide any of the following content or links on
the web-host.za.net servers:
* Pirated Software (Wares) or any software that is copyrighted and not freely
available for distribution without cost.
* Hacking, phreaking, phising, viruses, anarchy, etc.
* IRC Bots, Spam ware.
* 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, libellous, 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 by web-host.za.net , 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 web-host.za.net
policy decisions. web-host.za.net reserves the right to terminate any account that does not conform to
these requirements.
Zero Tolerance Spam Policy
web-host.za.net 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.
Web-host.za.net 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.
web-host.za.net also reserves the
right to make any such modifications in an emergency at our sole discretion.
Hosting Service Provider's Rights
You agree that web-host.za.net 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. web-host.za.net 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. web-host.za.net
also reserves the right to refuse refunds in cases where web-host.za.net
believes abuse has
taken place.
web-host.za.net reserves the
right to monitor any and all communications through or with our facilities. You
agree that web-host.za.net is not
considered a "secure communications medium" for the purposes of the
ECPA, and that no expectation of privacy is afforded.
Uptime Guarantee
web-host.za.net guarantees that the
service will be available 99.9% of the time. The "99.9% Uptime
Guarantee" applies to any of our customers in good financial standing. If we fail
to meet the 99.9% Uptime, the following credits will apply to those
who qualify:
* 95.0% to 99.8% - web-host.za.net will
credit back 25% of the monthly fee.
* 90.0% to 94.9% - web-host.za.net will
credit back 50% of the monthly fee.
* 89.9% or below - web-host.za.net will
credit back 100% of the monthly fee.
Customers must request such credit within seven (7) days after unavailability.
Web-host.za.net will
calculate unavailability in a
calendar month. Credits will not be provided to customers in the event that the
unavailability was due to:
(i) scheduled maintenance as posted from time to time at web-host.za.net ,
(ii) customer's behavior or the performance or failure of customer's equipment,
facilities or applications, or (iii) circumstances beyond web-host.za.net's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labour 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.
Refund Policy
web-host.za.net will refund
payments for the service within thirty (30) days of account activation, with the
exception of setup fees, domain registration fees and additional options
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 by web-host.za.net
for violation of the Terms of Service do not qualify for the 30-day money
back guarantee.
The refund policy only apply 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.
Termination
web-host.za.net may terminate
this agreement and your access to any or all web-host.za.net
related services at any time, with or without cause, effective
immediately. web-host.za.net shall
have no responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification. Anyone determined by
web-host.za.net to have violated
these Terms may be barred from receiving any services from web-host.za.net.
You may terminate this Agreement at any time by notifying us via e-mail or fax. You may
not terminate the account by simply stopping payment for your account. No refund
shall be issued. All termination requests must be received by web-host.za.net
30 days before the start of the next billing period. Accounts with a
negative balance must be settled before cancellation can proceed. Failing to
settle outstanding amounts will result in the account being passed on to
collections, and all services rendered to the party with the negative balance,
including domain registrations, will be terminated.
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
THE WEB-HOST.ZA.NET HOSTING
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. WEB-HOST.ZA.NET
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE
WEB-HOST.ZA.NET
SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY WEB-HOST.ZA.NET , 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 WEB-HOST.ZA.NET , OR ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
WEB-HOST.ZA.NET HOSTING SERVICE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE
WEB-HOST.ZA.NET 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
WEB-HOST.ZA.NET RECORDS, PROGRAMS
OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR
NOT WEB-HOST.ZA.NET IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO
ALL SERVICES AVAILABLE FROM WEB-HOST.ZA.NET 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 web-host.za.net web
site are proprietary to web-host.za.net’s suppliers and are protected under
Copyright. All rights are reserved. Web-host.za.net and/or its suppliers
reserves any rights not expressly granted herein. Furthermore, web-host.za.net and/or
its suppliers retains all rights to the web design provided to you
through the web-host.za.net hosting
services.
Force Majeure
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 the control of web-host.za.net
, web-host.za.net
is unable to perform in whole or in part its obligations as set forth in
this Agreement, then web-host.za.net
shall
be relieved of those obligations to the extent it is so unable to perform and
such inability to perform shall not make web-host.za.net
liable to the user.
Governing Law
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.
Severability
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.
Survivability
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.
Indemnification
You agree to defend, indemnify and hold harmless web-host.za.net
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 web-host.za.net
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.
Remedy
You agree that your sole and exclusive remedy to any issues relating to web-host.za.net's
Internet services is
to discontinue using the service.
Assignment
In the event of a merger or consolidation of web-host.za.net
, the surviving
or new corporation and any subsidiaries are similarly subject to the rights and
obligations of this Agreement.
Entire 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.
Waiver
The failure of web-host.za.net
to
enforce a provision of this Agreement shall not be construed as a waiver or
limitation of web-host.za.net's right to subsequently enforce and compel
strict compliance with every provision of this Agreement.
Modification of Terms
Web-host.za.net
reserves the
right to modify this policy at any time and without advance notice, effective
upon making the modified provisions available on the web-host.za.net
web site. You are responsible for regularly reviewing these documents.
Continued use of the web-host.za.net
Internet services
after any such changes shall constitute your consent to such changes. web-host.za.net
does not and will
not assume any obligation to notify you of any changes to these Terms.
If you have any problems or queries, please use the
Contacts page to write to us.
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