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Terms & Conditions :::
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General Terms
- We do not
allow Adult, Warez, illegal MP3
Sites or IRC Bots.
- You may not
store more data in your account than
your allotted virtual server space.
- Your virtual
server (inc FTP and Telnet access)
is for your personal use only. You
must not divulge the password
to any other person, and you should
take reasonable precautions to
ensure that it is not discovered by
other people.
- Data stored on
our servers is not guaranteed
to be backed up. It is recommended
that you keep an independent backup
of all data stored on your virtual
server.
- You may not
run server processes (eg.
talkers/IRC Bots) from your virtual
server.
- We shall not
be held liable for any loss or
damages caused by the use or misuse,
unavailability or removal of
services.
- When your account
is closed, all files (including web
pages, etc.) will be deleted.
- We reserve the
right to cancel your account at any
time without notice.
- We reserve the
right to amend and update these
Terms and Conditions at any time
without notice.
- To protect your
privacy we never distribute your
name or e-mail address to any third
parties.
- Users must not
participate in any form of
un-solicited bulk e-mailing or spam.
- By logging into
your account, or uploading files to
it, you are indicating your
acceptance of these Terms and
Conditions.
- There is no limit
to the email accounts that you may
create for company use and
employees. You may not resell email
accounts, aliases or auto responders
or bundle them with a service that
is sold or offered to your customers
or clients, without the express
written permission of Web4Me.co.za.
Refunds
- Our 30 day money
back guarantee (applicable to fully
paid accounts only) excludes the
refund of domain name registration
fees.
Bandwidth
- If your bandwidth
reaches the points where it has an
adverse affect on other clients we
reserve the right to disable your
site until you can reduce your
bandwidth usage.
- Each virtual
server includes a nominated amount
of bandwidth, if you use more than
this amount then you agree to pay
for this bandwidth at a rate of R1
per 1 MB.
Web Pages
- Commercial use of
web and ftp space is permitted.
- You will be
responsible for the content of your
pages, including obtaining the legal
permission for any works they
include and ensuring that the
contents of these pages do not
violate RSA law.
- You will be held
responsible for and accept
responsibility for any defamatory,
confidential, secret or other
proprietary material available via
your page(s).
- We reserve the
right to remove material deemed
inappropriate from your web pages,
without prior notice. Web4Me
Internet Solutions do not
allow adult, warez, illegal MP3 or
'File Download' web sites on their
servers.
Credit
- Credit accounts
are available for government,
health, education and councils only
- If your
account/service is activated before
payment is made then payment must be
sent in full by return.
- If payment is not
made in full within 14 days your
account may be deactivated.
LEGAL TERMS AND
CONDITIONS
Introduction
Web4Me strives to offer all its clients
a reliable and excellent level of
service. If you have any queries we
would like to hear these. Please e-mail
us at support@Web4Me.co.za or see the
"Contact Us" section at the Site for
other contact details.
Definitions
In these conditions, unless the context
requires otherwise, the following words
shall have the following meanings:
- "CIS"
means the
customer information sheet issued to
you by Web4Me from time to time and
which includes information on the
Services including without limit
Keywords, bandwidth and scope of
services
- "Client"
or
"you" means the person, firm or
company that has requested any
Services;
- "Conditions"
means the
standard terms and conditions of
sale set out herein;
- "Contract"
means any
contract for the provision of the
Services;
- "IPRs"
means any and all
intellectual property rights
including without limit any and all
patents, design rights, database
rights, copyright, know-how, moral
rights, trade secrets, confidential
information, trade marks, service
marks, trade names and goodwill;
- "Keywords"
means
those words notified to you by
Web4Me which control your access to
some of the Services including
without limit your password and
username;
- "Web4Me"
or "we"
means Cozahosting trading as
Web4Me;
- "Netiquette"
means
generally accepted standards for use
of the Internet such as but not
limited to sending bulk unsolicited
e-mail, mail bombing,
misrepresenting that you have third
party authorisation and
impersonating another person;
- "Server"
means the
computer servers used to provide the
Service;
- "Services"
means any
services supplied or to be supplied
by Web4Me (which may include without
limit E-mail Forwarding, E-mail, POP
accounts, e-commerce, Web Site
Hosting, FTP access, Domain Name
Registration) as described in the
quote or acknowledgement of order
issued by Web4Me or as may be agreed
from time to time; and
- "Site"
means the
Internet web site at
www.Web4Me.co.za.
Acceptance
of Terms
- The Conditions
set out the only terms on which
Web4Me is prepared to provide you
with the Services. The Conditions
shall apply to all Contracts and by
clicking on accept below (where you
request the Services at the Site)
and/or or by using the Services you
accept this. All other terms and
conditions (other than those which
are agreed in writing between us)
are excluded to the fullest extent
permitted by law. Web4Me reserves
the right to review and revise the
Conditions from time to time without
prior notice and, by using the
Services subsequent to any revision
of these Conditions, you agree to be
bound by such changes. Please review
the following link on a regular
basis for changes at
http://www.Web4Me.co.za/07%20-%20terms.htm
Registration
- Where
appropriate, you agree to provide
such information about yourself as
prompted by the Service's
registration form and ensure that it
is at all times true, current,
accurate and complete. If it is not
or we reasonably suspect it is not
true, current, accurate and complete
then we shall be entitled to
terminate the Contract or suspend
the Services until such time as we
determine.
Security
- You must inform us
immediately if you have any reason
to believe that any Keyword has
become known to someone not
authorised to use it or if any
Keyword is being or is likely to be
used in an unauthorised way or of
any other breach of security.
- We are not liable
for any loss of confidentiality or
for any damages arising from your
failure to comply with these terms.
You will be entirely liable for all
activities conducted and charges
incurred under your Keywords whether
authorised by you or not.
- If you forget any
Keyword you should contact us and
subject to you satisfying certain
security checks you will be given a
new Keyword to enable you to use the
Services. You may change your
password and registration details
on-line at any time at the Control
Panel.
The
Services
- The Services
shall be as described in the Site
and such other material as Web4Me
provides to you from time to time
such as without limit the CIS. We
reserve the right at any time and
from time to time to amend, improve,
correct, discontinue, temporarily or
permanently, the Services (or any
part thereof) with or without notice
and you agree that Web4Me shall not
be liable to you or to any third
party for any such modification,
suspension or discontinuance. We
will restore the Service as soon as
reasonably practicable after
temporary suspension.
- Web4Me shall be
entitled to restrict bandwidth made
available to the Client at any time
in order to protect all and any
Internet solutions provided by
Web4Me from time to time when
necessary.
- Web4Me shall use
its reasonable endeavors to ensure
that the Servers and the data
contained therein are safeguarded
from damage, accident, fire, theft
and unauthorised use.
Registration of Domain Names
The following
shall apply where the Services
include or consist of domain name
registration services:
- i)The Client
acknowledges that, whilst Web4Me
shall use its reasonable endeavors
to successfully register the
requested domain name, Web4Me shall
not be obliged to accept any request
to register or continue to process
any registration of a domain name.
- ii) The
obligations of Web4Me in relation to
domain name registration shall be
limited to forwarding the
application to the relevant naming
authority, providing reasonable
administration services in relation
to the application and notifying the
result of the application within a
reasonable period after
communication from the authority.
Web4Me will use reasonable endeavors
to notify you of any renewal dates
however Web4Me accepts no liability
for any use or retention of any
domain name which is registered.
- iii) Web4Me makes
no representations or warranties
(expressed or implied) of any kind
(and they are expressly disclaimed)
with respect to availability or
likelihood of successful
registration of any domain name.
- iv) The Client
shall check the domain name as
reported on any of the Company's
documents sent to the Client, such
as the invoice, customer information
sheet or otherwise, is spelt
correctly. In the event of any
error, the Client should notify the
Company promptly and in any event
within 24 hours of receiving such
document.
- v) The Client
shall at all times comply with the
terms and conditions (from time to
time subsisting) for the
registration of domain names
published by the relevant naming
authority and generally to the terms
and conditions of any such authority
having similar force and to which
the client may become subject as a
result of services provided by
Web4Me.
- vi) Web4Me may
from time to time change the
registrar that a domain is held
with. The Client agrees to allow
Web4Me to do so as it sees fit and
without notice.
Obligations of the Client
Price
- The current price
payable for the Services shall be
published on the Site from time to
time and confirmed at the time you
request us to provide any of the
Services. The price is
non-refundable. Web4Me shall be
entitled to vary its prices from
time to time however we shall give
you at least one month’s notice of
such increase and if you are not
satisfied with such increase then
you will be entitled to terminate
the Contract by giving us written
notice within one month of the date
of the variation notice failing
which you shall be deemed to have
agreed to the variation.
- The price covers
permitted bandwidth (monthly
transfer limit) as stated on your
CIS. If you exceed this limit then
Web4Me reserves the right to make
additional charges for usage above
the limit at the prevailing charge
rate as stated on the Site. We will
endeavour to let you know if your
bandwidth use exceeds the agreed
level however it is your
responsibility to monitor the
bandwidth being used by you from
time to time at the Control Panel.
- All prices quoted
to the Client for the provision of
services by Web4Me are exclusive of
any value added tax for which the
Client may be additionally liable at
the applicable rate.
Payment
- The price and all
other amounts due under the Contract
shall be paid by the Client by the
due date and in the currency as
specified in Web4Me' invoice.
Payment shall only be deemed
received by Web4Me upon receipt of
cleared funds. Payment shall be made
in full without any abatement, set
off or deduction on any goods. Where
you authorise payment to be made by
credit or debit card then such
authority shall be deemed as
authority to Web4Me to take all that
the Client owes under or in
connection with the Contract.
- Where the
Services include or consist of
registration of domain name
services, Web4Me shall be entitled
to raise an invoice for payment to
the appropriate naming authority and
for the hosting that name specifying
the date by which payment by the
Client must be made. Failure for any
reason by the Client to make payment
before the specified date will
entitle Web4Me to release the
Client's domain name without any
liability for loss suffered by the
Client howsoever arising.
- It is of the
essence of the Contract that the
Contract price and all other amounts
due from the Client under the
Contract are paid on time. You shall
be responsible for any and all
expenses incurred by Web4Me in
recovering overdue amounts and shall
pay interest on them (before and
after judgment) at annual rate of 5%
above the base lending rate of
Nedbank, South Africa calculated
daily until payment is made in full.
- Failure to settle
all amounts within 14 days of the
due date may result in withholding
of further Services and/or
suspension of existing Services.
Intellectual Property
- All IPRs relating
to the Services provided by Web4Me
are and shall remain the property of
Web4Me. All rights in the design and
arrangement of the Site, text and
graphics and all software
compilations, underlying source
code, and all other material on the
Site are reserved to of Web4Me or
its licensors. Except as expressly
provided below, nothing contained in
these term of use or on the Site
shall be construed as conferring any
license or right, by implication,
estoppel or otherwise, under
copyright or other IPRs.
- Web4Me,
COZAHosting.com and COZADomains.com
and all other names, images,
pictures, logos and icons
identifying Web4Me or its services
are trade marks of Web4Me in South
Africa and other countries. Other
product and company names mentioned
on this Site may be trade marks of
their respective owners.
Indemnity
- The Client agrees
to fully indemnify and keep Web4Me,
its subsidiaries, affiliates,
officers, partners, employees and
agents fully indemnified from and
against all actions, demands, costs
(on a fully indemnity basis),
losses, penalties, damages,
liability, claims and expenses
(including but not limited to legal
fees) whatsoever arising from your
breach of the Contract, your use or
misuse of the Services, any claims
by third parties as to ownership or
other rights to use a Domain Name
where one has been registered by or
transferred to Web4Me at your
request or arising in any way by the
Client infringing (whether
innocently or knowingly) third party
rights (including without limit
intellectual property rights).
Disclaimer
- Nothing in the
Contract or these Conditions shall
exclude or limit the liability of
Web4Me for death or personal injury
resulting from its negligence or
fraudulent misrepresentation nor
affect the statutory rights of
consumers.
- To the fullest
extent permitted by law the Site and
its contents is provided by Web4Me
on an "as is" and "as available"
basis and no representations or
warranties (expressed or implied) of
any kind are made (and they are
expressly disclaimed) with respect
to the Services, the Site or its
contents including, without limit,
warranties of merchantability and
fitness for a particular purpose.
Further, Web4Me does not represent
or warrant that: (i) the Services
will meet your requirements; (ii)
the Services will be uninterrupted,
timely, secure, or error-free; (iii)
any results obtained from using the
Services will be accurate, complete
or current.
- You acknowledge
that the allocation of risk in this
contract reflects the price paid for
the Services and that it is not
within the control of Web4Me how or
for what purposes the Services are
used. If any exclusion in this
license is held to be invalid and
Web4Me becomes liable for loss or
damage that may lawfully be limited
then such liability shall be limited
to the amount paid by you for the
Services.
- Web4Me shall have
no liability to the Client for any
loss arising from any material, data
or instructions supplied whether
digitally or otherwise by the Client
or on its behalf which is
incomplete, inaccurate, illegible,
out of sequence or in the wrong form
or arising from late arrival or
non-arrival or any other fault by
the Client or on its behalf.
- Web4Me is not
responsible for any delay,
malfunction, non performance and/or
other degradation of performance of
any of the Services caused by or
resulting from any alteration,
modification and/or amendments due
to changes and specifications
requested or implemented by the
Client whether or not beyond the
Services already supplied. Web4Me
reserves the right to raise
additional charges for any work so
arising.
- If any Services
are or become unavailable then
Web4Me will use reasonable
endeavours to repair and reinstate
the service within 24 hours of
detection depending on the severity
of the failure. If failure is caused
by the Client or any agent of the
Client to whom access to Servers was
given then the Client shall pay all
costs to reinstate and/or repair the
Server. Where such unavailability is
due to the negligent failure of
Web4Me to deal with circumstances
within its control and is for more
than a total of 24 hours in any 30
day period or for any 6 consecutive
hour period then Web4Me will at its
discretion either pay to you
compensation limited to a refund of
the fee paid by you for the
unavailable Services or provide you
with a credit up to the same amount.
- Neither Web4Me
nor anyone else who has been
involved in the creation, production
or supply of the Services shall be
liable to the Client or any other
person for any loss in contract,
tort (including negligence or breach
of statutory duty) or otherwise
howsoever and whatever the cause
thereof by reason of or in
connection with the Contract or the
Services for any:
(i) economic loss of any kind
whatsoever, or
(ii) loss of profit, business
contracts, revenues or anticipated
savings, or
(iii) damage to the Client's
reputation or goodwill, or
(iv) loss resulting from any claim
made by any third party, or
(v) special, indirect or
consequential loss or damage of any
nature whatsoever, and the Client
shall indemnify Web4Me from and
against any claim which may be made
against Web4Me in respect thereof.
Some jurisdictions do not allow the
exclusion or limitation of implied
warranties or of liability for
consequential or incidental damages
and therefore the above may not
apply to you.
- If Web4Me is
prevented or delayed in or from
performing any of its obligations
under the Conditions or the Contract
due to circumstances beyond its
control such as but not limited to
governmental acts, war, riots,
strikes or trade disputes (including
by and with our own employees),
technical failure, general
availability of the Internet, power
failure, communications failure,
weather, flood, fire or explosion,
natural or local emergency Web4Me
shall not be liable for this.
Confidentiality
- All confidential
information of either party or of
any of its customers disclosed to or
discovered by the other as a result
of the provision of the Services
shall be regarded as disclosed in
confidence and shall only be used in
connection with the performance of
its obligations under the Contract
and not be passed on to third party
and/or in any way be made use of at
any time either during or after the
termination of the Contract save
with consent of the other or which
comes into the public domain
(otherwise than through the
unauthorised disclosure by the
other).
- The Client shall
promptly notify Web4Me if it becomes
aware of a breach of confidence in
relation to the Services and/or the
Contract and shall give Web4Me all
reasonable assistance in connection
with any proceedings Web4Me may
institute against a third party at
Web4Me' expense.
Privacy
- For quality
control purposes your telephone
conversations with Web4Me staff may
be recorded from time to time.
- The information
you provide to us will be stored on
computer. We are committed to
protecting your privacy. We and any
of our associated companies may use
the information you provide us to
provide a more personalised service
and to tell you about changes in our
and their service or any new
services which we think you will
find valuable. If you object to any
of these uses at any time, then
please inform us by writing to
Web4Me at the address set out in the
"contact us" section at the Site. We
may also use such information where
and to the extent of any requirement
to comply with any applicable law,
legal process or to enforce any of
these Conditions.
- We will not
monitor, edit or disclose the
content's of any private
communications transmitted via the
Servers unless required to do so by
law or in the good faith belief that
such action is necessary to conform
or comply with applicable law, to
protect and defend the rights and/or
property of Web4Me or to protect the
personal safety of any of our
clients or the public.
Cookies
- Cookies are bits
of electronic information that a web
site can transfer to your hard drive
to help tailor and keep records of
your visit to the Site. Cookies
allow us to better customise visits
to the Site to your individual
preferences, helping us provide you
with the best possible service on
our Site. Most major web sites use
cookies and their use is standard on
the Internet. Most Internet browsers
automatically accept cookies but you
can change your settings so that you
are notified whenever you are sent a
cookie.
Termination
Foreign
Jurisdictions
- The Site may
contain references or cross
references to services that are not
available in every country. We do
not represent that all Services and
content, materials and services on
the Site are appropriate or
available for use in all geographic
locations, and accessing such from
certain locations may be illegal and
prohibited. Your access to the
content, materials and services on
the Site from such locations is at
your own initiative and we are not
responsible for your compliance with
local laws or other applicable laws.
You will not access the foregoing if
prohibited by law.
- Any translation
of these Conditions into a language
other than English is for the
convenience of the Client only and
it is agreed that the English
language version of these Conditions
at http://www.Web4Me.co.za/terms.asp
shall be relied on by the parties
and shall prevail in the event of
any differences.
Miscellaneous
- Any failure or
delay by either party in exercising
any rights or remedy will not
constitute a waiver.
- Any notice or
other communication to be given by a
party under this Agreement must be
in writing and must be given by
delivery at or sending by first
class post or by E-mail or facsimile
transmission to the last known
postal, E-mail address or relevant
telecommunications number of the
other party. Notices shall be deemed
to have been received when in the
ordinary course of the means of
transmission it would be received by
the addressee. To prove the giving
of a notice it shall be sufficient
to show it was despatched. A notice
shall have been effect from the
sooner of its actual or deemed
receipt by the addressee.
- Any termination
of this Agreement shall be without
prejudice to any other rights or
remedies which a party may be
entitled to hereunder or at law and
shall not effect any previous rights
or liabilities of either party nor
the coming into or continuance in
force of any provision hereof which
is expressly or by implication
intended to come into continue in
force upon or after such
termination.
- If any provision
of these Conditions is held by any
competent authority to be unlawful,
invalid or unenforceable in whole or
in part then the provision shall be
deemed to be severable from the
remaining provisions and shall not
affect their validity or
enforceability.
- Your use of this
Site and the Contract will be
governed by South African Law and
will be deemed to have occurred and
been made in South Africa. If you
have any disputes with us or any
other aspect of the Site then these
will be exclusively resolved in the
South African Courts.
- The Client shall
not share, re-sell or attempt to
share or re-sell the Services,
transfer or attempt to transfer this
Contract or permit any third party
to use and/or access any of the for
any purpose without prior consent of
Web4Me
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