Hosting Terms and Conditions
This Agreement sets forth the Standard Terms and Conditions that apply to the use of our Cyberage Web hosting Services.
Terms and Conditions
You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which such terms apply.
User Conduct
You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service.
User Eligibility
You represent and warrant that you, as the person legally responsible for all use of this account, 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, in their own name. You agree to supply us 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.
We reserve
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
without doubt.
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 Cyberage Web hosting Services 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 Cyberage Web Hosting, 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
R45 (Fourty 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 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.
Free Domain Name(s)
Where a free domain name is part of the package such
web hosting must stay with us for a minimum of one year otherwise the user is
liable to pay for such domain name(s) before moving such domain name(s) away
from us.
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 Cyberage Web Hosting, 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.
User Responsibilities
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.
Uptime Guarantee
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.
Refund Policy
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.
Termination
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
notice.
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
Cyberage Web 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. WE EXPRESSLY
DISCLAIM ANY REPRESENTATION OR WARRANTY THAT Cyberage Web Hosting 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 Cyberage Web Hosting and are
protected under Copyright. All rights are reserved. Cyberage Web Hosting,
its Network and/or suppliers reserves any rights not expressly granted
herein. Furthermore, Cyberage Web Hosting and/or suppliers retain all rights
to the web design provided to you through the Cyberage Web Hosting.
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 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 Cyberage Web Hosting 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 Cyberage Web Hosting
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.
Remedy
You agree that your sole and exclusive remedy to any issues relating to
the Cyberage Web Hosting ISP Network Service is to discontinue using the
Service.
Assignment
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.
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 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 Cyberage Web Hosting services 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 Agreement
1. Definitions1.1 "Agreement" means the Application read together with these terms and conditions;
1.2 "Applicant" means the party making application for the registration or update of its Domain Name in terms of this Agreement;
1.3 "Application" means the application for the registration or update of a Domain Name submitted by the Applicant and to which these terms and conditions apply;
1.4 "Domain Name" means domain names in the ".co.za" namespace of the Internet, including all other subdomains of ".za"; that are administered by Cyberage Web Hosting on behalf of the Applicant or any controlling body or legal entity which legally has the right/duty to administer such domains and subdomains;
1.5 "effective date" means, in respect of the registration or update of a Domain Name, the date on which such registration or update is registered by Cyberage Web Hosting (as evidenced by an electronic message from Cyberage Web Hosting to Applicant confirming same), provided that such registration or update will not be performed prior to the receipt of payment of the fees in respect of such registration or amendment, as contemplated in clause 3;
1.6 "Cyberage Web Hosting" means the website developed by Cyberage Web Hosting to assist the public to register and renew domain names on their behalf.
2 Cyberage Web Hosting is responsible for assisting the Applicant in assigning domain names in the ".co.za" namespace of the Internet. These terms and conditions apply to the use and registration of Domain Names.
3. Fees
3.1 Applicant shall, within 48 (forty eight) hours of submitting its application, pay the then current fee in respect thereof, as determined by Cyberage Web Hosting from time to time. In addition, Applicant shall, within 30 (thirty) days prior to the anniversary of the effective date pay an annual maintenance fee, as determined and published by Cyberage Hosting SA from time to time, in respect of the Domain Name registration.
3.2 Should applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, Cyberage Web Hosting may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, request de-registration of the Applicant's Domain Name.
4. Cyberage Web Hosting shall under no circumstances whatsoever be obliged to determine the right of the Applicant to register a Domain Name. Domain Names are registered on a "first come, first served" basis and registration of a Domain Name by Cyberage Web Hosting shall in no way constitute any indication or warranty of Applicant's right to utilise such name.
5. Applicant's Warranties & Indemnity
5.1 Applicant hereby irrevocably represents, warrants and agrees as that:
5.1.1 its statements in the Application are true and correct;
5.1.2 it has the right without restriction to use and register the Domain Name requested in the Application;
5.1.3 it has a bona fide intention to use the Domain Name on a regular basis on the Internet;
5.1.4 the use or registration of the Domain Name by Applicant does not or will not interfere with, nor infringe the right of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright or any other intellectual property right;
5.1.5 it is not seeking to use the Domain Name for any unlawful purpose whatsoever, including, without limitation, unfair competition, defamation, passing off or for the purpose of confusing or misleading any person;
5.1.6 at the time of the initial submission of the Domain Name request, and at all material times thereafter, it shall have an operational name service from at least two operational Internet servers for that domain name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries under that Domain Name and responding thereto;
5.1.7 it has selected its Domain Name without any input, influence or assistance from Cyberage Web Hosting.
5.2 Pursuant to the above warranties, Applicant hereby agrees that it shall defend, indemnify and hold harmless Cyberage Web Hosting, its directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys fees on an attorney and own client basis. Such claims shall include, without limitation, those based upon tradename infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. Cyberage Web Hosting agrees to give Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. Applicant agrees that Cyberage Web Hosting SA shall be defended by attorneys of Cyberage Web Hosting's choice at Applicant's expense, and that Applicant shall advance the costs incurred in such litigation, to Cyberage Web Hosting on demand from time to time.
6. Cyberage Web Hosting gives no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaims all such warranties, whether express or implied.
7. Applicant agrees that Cyberage Web Hosting shall have the right to request the withdrawal of the Domain Name from use and registration on the Internet:-
7.1 in the circumstances contemplated in clause 3;
7.2 should Cyberage Web Hosting receive an order or notification by any competent court having jurisdiction that the Domain Name or any registration body/organisation that the Domain Name rightfully belongs to a third party or infringes a third party's rights or that any contents on the Internet either being housed under or linked to through the Domain Name is either offensive or in any manner infringes on the South African Law;
7.3 should Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from Cyberage Web Hosting calling upon it to do so;
7.4 should Applicant not make regular use, as determined by Cyberage Hosting SA in its reasonable discretion, of its assigned Domain Name for a period of 90 (ninety) days or more.
8. Applicant acknowledges that all information provided to Cyberage Web Hosting SA in the Application may be published by Cyberage Web Hosting on its website of the registering body or organisation and Applicant hereby irrevocably and without limitation consents to the publication of such information.
9. Under no circumstances whatsoever shall Cyberage Web Hosting be obliged to:-
9.1 act as an arbiter of disputes arising out of the registration and use of the Domain Name.
9.2 refund any fees paid by the Applicant once the registration or amendment, as the case may be, in respect of which such fees are paid, has been effected by Cyberage Web Hosting.
10. Should Cyberage Web Hosting be presented with evidence that indicates that a Domain Name registered to Applicant violates the rights of a third party, Cyberage Web Hosting shall be entitled to provide the complainant with Applicant's name and address and all further communication will exclude Cyberage Web Hosting and Cyberage Web Hosting will have no further obligations to the Applicant or complainant.
11. Cyberage Web Hosting WILL UNDER NO CIRCUMSTANCES WHATSOEVER AND HOWSOEVER ARISING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF Cyberage Web Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE AFOREGOING, Cyberage Web Hosting SA's LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE REGISTRATION OR AMENDMENT FEE, AS THE CASE MAY BE, PAYABLE BY APPLICANT.
12. The Applicant hereby consents to the jurisdiction of the High Court of South Africa sitting at Pretoria for the adjudication of any legal dispute between Cyberage Web Hosting and Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.
13. These terms and conditions may only be varied or cancelled with the express written consent of Cyberage Web Hosting.
14. Without derogating from the aforegoing, Applicant hereby acknowledges that Cyberage Web Hosting may alter, delete or supplement ("amend") these terms and conditions by publishing such amendments on the Cyberage Web Hosting website from time to time. Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify Cyberage Web Hosting of Applicant's wish not to be bound by such amended terms and conditions within 30 (thirty) days of such amendment being published, it shall conclusively be deemed to have acceded and agreed to the amendments thus published.
15. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.