Terms and Conditions:
1. PROVISION OF SERVICES. OVERBERG WEB HOSTING agrees
to provide web site hosting services to THE CLIENT, subject to the following
terms and conditions.
2. CONTENT LIABILITY AND INDEMNIFICATION. THE CLIENT acknowledges that
OVERBERG WEB HOSTING does not regulate or take any responsibility for the
content of its page or for the security of THE CLIENT's password. THE
CLIENT warrants that it has all rights necessary to lawfully submit any
information or materials that it is passing on to OVERBERG WEB HOSTING,
including all intellectual property rights. THE CLIENT agrees to indemnify
OVERBERG WEB HOSTING against actions brought by a third party as a result
of such material or information, or as a result of THE CLIENT's use in
any way of the Services provided by OVERBERG WEB HOSTING.
3. CONTRACT TERMINATION. In the event that OVERBERG WEB HOSTING at any time
reasonably believes that THE CLIENT is in breach of any of the terms and
conditions contained in this agreement or is using OVERBERG WEB HOSTING
services in an unacceptable manner, then OVERBERG WEB HOSTING may immediately
terminate this agreement without liability. THE CLIENT may terminate this
contract at any time by notifying OVERBERG WEB HOSTING. At the time of notification,
THE CLIENT shall be responsible for the entire amount of the most recent
statement and any excess usage charges at the time of termination. Should
THE CLIENT cancel the one year domain option service within the first
12 months, then THE CLIENT is immediately liable for a cancellation fee
of R450.00. Please note that there is a yearly renewal fee on all domain
names.
4. WARRANTIES AND GUARANTEES. OVERBERG WEB HOSTING makes no warranties or
guarantees of any kind, whether express or implied, for the services to
be provided. THE CLIENT agrees that OVERBERG WEB HOSTING shall not be liable
for any losses or damages of any kind to Customer, including, but not
limited to, those that may result from service interruption delays or
non-deliveries. OVERBERG WEB HOSTING makes no warranties regarding its ability
to recover any lost file, regardless of how or why the file was lost.
5. BILLING POLICY. Accounts 10 days past due may be subject to cancellation
which will result in deletion of all of THE CLIENT's files, including
email, backups, databases and domain name. OVERBERG WEB HOSTING will issue
invoices by fax, email or conventional mail. OVERBERG WEB HOSTING is not
a VAT vendor, so all prices are NETT.
6. PAYMENT VIA STOP ORDER. The monthly fee is payable in advance on the
28th day of each month.
7. CREDIT. Credit cards accepted.
8. SUSPENSION OF ACCOUNTS. No notice will be issued of OVERBERG WEB HOSTING's
intent to suspend a site if THE CLIENT is in breach of any of the terms
of this agreement. OVERBERG WEB HOSTING will not be held responsible for
any damages, losses or claims as a result of a site being suspended.
9. DATA RECOVERY AND ADDITIONAL SERVICES. THE CLIENT will be charged at
OVERBERG WEB HOSTING's standard hourly fee of R160 per hour for the recovery
of data or the installation of, or re-installation of components. The
fee will be added to THE CLIENT's regular monthly invoice.
10. THE CLIENT's DATA. OVERBERG WEB HOSTING shall make every reasonable
effort to protect and backup data for THE CLIENT on a regular basis. OVERBERG WEB HOSTING is not responsible nor liable for THE CLIENT's files. THE
CLIENT is solely responsible for their independent backup of data stored
on OVERBERG WEB HOSTING's server and network.
11. AMENDMENTS. OVERBERG WEB HOSTING reserves the right to make amendments
or changes to this agreement with 15 days notice to THE CLIENT.
12. LITIGATION AND ATTORNEY'S FEES. In the event of any dispute arising
out of or relating to this agreement, such dispute shall be resolved in
CAPE TOWN, South Africa and the prevailing party in any such dispute shall
be entitled to reasonable costs, including collection costs, and attorney's
fees.
13. ACCEPTANCE OF TERMS. Use of OVERBERG WEB HOSTING's services constitutes
acceptance of the terms and conditions contained in this agreement and
any amendments thereto.
14. OVERBERG WEB HOSTING may provide aggregate statistics about our customers, sales,
traffic patterns and related site information to reputable third-party
vendors, but these statistics will include no personally identifying information.
OVERBERG WEB HOSTING may release account information when we believe, in good faith,
that such release is reasonably necessary to (i) comply with law, (ii)
enforce or apply the terms of any of our user agreements or (iii) protect
the rights, property or safety of OVERBERG WEB HOSTING, our users, or others.
15. OVERBERG WEB HOSTING shall
not be responsible and disclaims all liability for any loss, liability,
damage (whether direct or consequential) or expense of any nature whatsoever
which may be suffered as a result of, or which may be attributable, directly
or indirectly, to the use of or reliance upon any information, links or
service provided through this web site."
16. Spam - Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of usenet groups, posting obscene or threatening
messages while using or referring to a OVERBERG WEB HOSTING email address or web
site URL is prohibited. The use of OVERBERG WEB HOSTING servers as a mail drop for
responses to activities described above is also prohibited. Security Attempts
to manipulate OVERBERG WEB HOSTING servers or client web sites are prohibited. This
includes, but is not limited to, attempting to gain unauthorized access
to OVERBERG WEB HOSTING servers, mail bombing, or other means of deliberately overloading
systems. OVERBERG WEB HOSTING does not allow insecure passwords on the servers.
OVERBERG WEB HOSTING will not replace a password with an "easy one"
17. System Abuse -
Includes, but is not limited to, excessive use of CPU resources or disk
space, installing IRC bots, CGI scripts sharing with domains outside of
OVERBERG WEB HOSTING, or other CGI scripts that use a disproportionate amount of
system resources. OVERBERG WEB HOSTING will determine what constitutes system abuse
18. Web Site Content Management - OVERBERG WEB HOSTING isn't responsible for web
site management or files lost or damaged by users. Web site construction
and management is the responsibility of the client unless constructed
and maintained by agreement in writing between OVERBERG WEB HOSTING and the client.
Client-maintained backup of all site files is recommended, and should
be maintained outside of OVERBERG WEB HOSTING network.
19. Indemnification/Disclaimer
- OVERBERG WEB HOSTING doesn't guarantee that our services will be uninterrupted
and will not be held liable for any claims resulting from the use or the
inability to use OVERBERG WEB HOSTING Services - including, but not limited to,
service interruptions, Internet connectivity problems, unauthorized access
to OVERBERG WEB HOSTING servers, domain name registrar problems, DNS caching, Internet
bandwidth congestion, power failures, and natural disasters.
20. Adult Content and
Warez Sites - OVERBERG WEB HOSTING reserves the right to terminate hosting agreements
should the client be found to be hosting illegal or unsuitable content.
OVERBERG WEB HOSTING will determine what constitutes unsuitable content.
21. Policy Violation
- If an account is used unlawfully or is in violation of the Acceptable
User Policy, OVERBERG WEB HOSTING reserves the right to terminate the account without
notice and without refunds. Files that violate the user policy are subject
to deletion without notice. Clients violating the Acceptable User Policy
will be held responsible for damages to OVERBERG WEB HOSTING, including but not
limited to, OVERBERG WEB HOSTING's systems, servers, connectivity, reputation, business,
service, network, operations, or equipment. All violations will be dealt
with severely to the full extent of the law at the cost of the client.
22. Amendments to the
Acceptable User Policy - The Acceptable User Policy may be updated from
time to time. The client is responsible for visiting OVERBERG WEB HOSTING web site.
on a monthly basis, so that The client may be made aware of any changes
in this policy.
ENTIRE AGREEMENT. This represents the complete agreement and understanding
between OVERBERG WEB HOSTING and THE CLIENT with respect to the subject
matter herein. In the event that any term or provision of this agreement
is held by a court to be unenforceable, then the remaining provisions
shall remain in full force and effect. |
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