SA WEB TERMS OF SERVICE
Acceptable Use Policy
Guidelines to ensure a safe, functional, and trusted environment for customers to publish information on the Web.
Payments are made in advance for 12 months - no monthly fees. No obligation to renew.
Web and FTP Site Content
The following content may not be published on any of our servers:
Content of a pornographic, sexually explicit, or adult nature.
Content of an illegal nature (including copyrighted material).
No uploading of music and movie files.
No uploading of offensive material. This can be subjective, but includes inflammatory, upsetting, insulting, degrading and ojectionable material.
Scripting that utilizes more than 20% of a server or node's memory, storage, processing resource, I/O at any one time will result in a warning and may lead to having your account suspended. This is to ensure that the response time of the server does not degrade in such a manner to negatively affect anyone else using the same server.
Hosted services that cause the general performance of our servers or nodes to degrade.
Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous SA Web representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by SA Web and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.
Domains can be linked to other sites (e.g. Wordpress, Wix). However, please note that we no longer allow website files developed using WordPress, Drupal, Joomla, etc. on the servers because of their vulnerability to hackers.
Certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script are prohibited.
Email Usage Policies
SA Web does not support unsolicited email messages (spam, junk e-mail) to sent by users of our system. Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by SA Web and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. SA Web does not allow any hosting account to give out free or paid email hosting on a public level.
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, phishing, scams, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Right to Refuse Service
SA Web reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. SA Web is the sole determinant of what constitutes degraded server performance.
We do not condone the abuse of SA Web personnel. If a customer reverts to verbal abuse of any nature we reserve the right to refuse service to that customer. We reserve the right to terminate delivery of service at any stage, to a customer for any reason relating to abuse and/or non payment of invoices.
SA Web is committed to protecting your personal information and respecting your privacy.
We will not sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a legal authority of law to do so. We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties. We may use various methods to collect information including, cookies and/or IP addresses.
Terms of Service
Where the content states: "We" includes SA Web or any party acting on SA Web's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "Terms Of Service" includes this agreement. SA Web reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.saweb.co.za.co.za/hosting-terms-of-service.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.5 We shall not release any domain to another provider without specific instructions from the owner.
Website Hosting and Email
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by SA Web in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 SA Web will be permitted to place a Webmaster notice on websites designed/developed by itself.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to SA Web policy for users to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a SA Web provided server, or using a SA Web provided server as a mail drop for responses.
To falsify user information provided to SA Web or to other users of the service in connection with use of a SA Web service.
2.8.2(a) Consequences of Violation:
When SA Web becomes aware of an alleged violation of its Acceptable Use Policy, SA Web will initiate an investigation. During the investigation SA Web may restrict user's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, SA Web may, at its sole discretion, restrict, suspend, or terminate user's account and/or pursue other civil remedies. If such violation is a criminal offense, SA Web will notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for any and all costs incurred by SA Web as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. SA Web's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is R500 per hour, with a minimum one (1) hour charge, plus R10 for each bulk-email or Usenet message sent, plus R10 per complaint received. Server maintenance fees of R350 per hour.
2.8.3 SA Web does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to SA Web must comply with the rules appropriate for those other networks
2.9 Any access to other networks connected to SA Web must comply with the rules appropriate for those other networks
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 You may cancel the Services at any time. No pro-rata refunds will apply if service cancelled before expiration date. Domains and all respective data will be deleted immediately from servers upun your cancellation or transfer to another service provider.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.4 A user may not abuse the service by uploading excessive amounts of data , which will result in immediate cancellation of that user's account without refund. You may not use server space to backup data from your computer hard drive.
3.5 We reserve the right to limit usage of the processor, memory, IO and storage per user to such an extent to avoid one person from causing server degradation for everyone else on the server.
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary year following the date the Services were established until closure notice is given.
4.3 All payments must be in South African Rand.
4.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of R450.
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period.
5.6 You may cancel the Services at any time. No refunds whatsoever will be applicable.
5.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7. Limitation of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Disk space usage of your site. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8. Notices and late fees
8.1 Any notice to be given by either party to the other may be sent by email to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent.
SA Web will endeavour to send out renewal notices at least 7 days before expiration date. We cannot be held responsible if we fail to do so due to human and/or equipment error.
9.1 On our site you will find links to all the information to get your web site up and running. We provide only e-mail support.
9.2 We only provide support to problems related to our hosting servers. We do not provide support to user's computer operating systems or software.
9.2.1 We do web design. Website coding work done is final and any work required after the final draft is accepted will be charged for.
9.3 Support can only be addressed in English (and Afrikaans) via e-mail.
9.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, may be considered a breach of our Terms Of Service.
9.5 In the event of an extreme emergency, you are free to contact us in any manner.
9.6 Section 9.7 will come into effect in extreme cases when staff are limited and / or there are connectivity problems preventing our support engineers from timely response below 24 hours
9.7 Our support agreement with our customers is to respond to all queries within 72 hours or less.
10.1 This Agreement shall be governed by and construed in accordance with South African law You hereby submit to the non-exclusive jurisdiction of the South African courts.
Physical address: 14 Fairlead Way, Knysna.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12. Torturous Conduct
12.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
12.2 Any abuse towards any SA Web employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When e-mailing SA Web please refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at SA Web or it's employees shall be considered a violation of these terms and conditions of service.
12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards SA Web or any of it's employees, partners, equipment, and concerns shall be construed as a violation of these terms and conditions of service.
12.4 Any conduct viewed as violating this section shall be considered a violation of these terms and conditions of service. SA Web will be the sole arbitrator in regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this section necessitates removal of the account.
13. Cancellation of Services
13.1 You may cancel the Services at any time. No refunds whatsover will apply.
14. Entire Agreement
14.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14.2 SA Web reserves the right to amend these Terms Of Service at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
It is acknowledged by users of hosting services that the resource allotments are optimized and dedicated towards serving web documents and self-need E-mail/FTP services and is not to be used as off-site storage area for electronic files, or as a provisioning service for third party e-mail or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed.