Web design tip #77: Stay away from playing music on your site. Just because you like a song does not mean all other people do too.
TERMS & CONDITIONS
CUSTOMER SERVICE AGREEMENT TERMS & CONDITIONS
This is an agreement between you and Internet CEO regarding your use of Internet Ceo`s computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Internet CEO makes the services offered by Internet CEO available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the “Internet CEO " web hosting or similar services. Under this Agreement, you must comply with Internet CEO's then current "Acceptable Use Policy," as updated from time to time by Internet CEO.
Internet CEO hereby sells the service to the Account Holder on the terms and conditions herein contained which terms and conditions the Account Holder is deemed to have familiarized himself/herself with and to have irrevocably accepted when they utilize any of Internet CEO Services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY..
In these terms and conditions:
1. The "Account Holder" means the party who has purchased the service and/or any person using the service.
2. "the Service" means the Internet service described herein provided by Internet CEO to the Account Holder in terms of the terms and conditions herein contained;
3. "Internet CEO" means Internet CEO cc, and its Affiliates.
4. "Term" refers to the Term of the contract signed by the Account Holder.
PROVISION OF SERVICE
1. The Account Holder shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunications equipment, modems and the like, which is or may be necessary for the Account Holder to obtain and retain access to the required service(s).
2. The Account Holder shall be liable for all telephone call charges and other third party costs incidental thereto.
AVAILABILITY OF SERVICE
1.Internet CEO shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100% (one hundred percent) uptime. Internet CEO is, however, unable to guarantee 100% (one hundred percent) uptime.
2.Internet CEO will use its best efforts to maintain a full time Internet presence for the Account Holder.
3.Internet CEO shall strive at all times to provide Account Holders with prior notice, where possible, of scheduled maintenance so as to avoid Account Holders having to log-off for any period of time.
4.Internet CEO shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
5.Internet CEO's services are 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. Internet CEO expressly disclaims any representation or warranty that the Internet CEO services will be error-free, secure or uninterrupted. No oral advice or written information given by Internet CEO, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice.
6.The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
7.In no event shall Internet CEO be liable to the Account Holder for any damages resulting from or related to any failure or delay of Internet CEO in providing access to the Internet under this Agreement.
8.In no event shall Internet CEO be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof.
9.The aggregate, total liability of Internet CEO under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder.
10.The Account Holder accordingly indemnifies Internet CEO against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Internet CEO being unable to make its service available to the Account Holder under the circumstances described in this clause.
11.The terms of this Section will survive any termination of this Agreement.
The Account Holder acknowledges and agrees that:
Account Holders are expected to abide by generally accepted Usenet etiquette ("Netiquette");
1. The Account Holder shall not use the service in a manner which:
- Constitutes a violation of any law, regulation or tariff that may be offensive to internet users in general, to the public at large or as same may be determined from time to time by Internet CEO in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
- Is defamatory, fraudulent or deceptive;
- Is intended to threaten, harass or intimidate;
- Tends to damage the name or reputation of Internet CEO, its holding company, affiliates or subsidiaries; or interferes with the use and enjoyment of Internet related services of the Account Holders of Internet CEO.
2. The Account Holder undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the internet as specified or implied by Internet CEO or any of the local or foreign service providers or laws governing the provisions of the service and Internet.
3. The Account Holder agrees not to harm Internet CEO, its reputation, computer systems, programming and/or other persons using Internet CEO's services.
PAYMENT OF SERVICE
Internet CEO shall bill the Account Holder in advance for the following month for hosting/access services. Other services rendered traffic overages, support will be billed in arrears.
1. Internet CEO will only issue invoice on request by the Account Holder.
2. The Account Holder pays to Internet CEO such charges as levied by Internet CEO from time to time as follows:
- Monthly Subscriptions - The charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly in advance by the Account Holder to Internet CEO , including a pro-rata charge for the first months billing(excluding access traffic). Payment is rendered without deduction, free of exchange or set-off by way of debit order; or in such manner as determined by Internet CEO. It is a condition of activation that details of a valid, current bank account be provided for debit order purposes. All amounts due to Internet CEO will be recovered from the banking source given. This amount is non-refundable.
- Annual Subscriptions - The charge for a subscription to the service on a Annual basis is payable in full in advance by the Account Holder to Internet CEO. It is a condition of activation that details of a valid, current bank account are provided for debit order purposes. All amounts due to Internet CEO will be recovered from the banking source given. This amount is non-refundable. Annual subscriptions will be renewed automatically.
- Usage fees, where applicable, will be billed in arrears. Internet CEO reserves the right to withhold access for overdue accounts, while the Account Holder shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
- Debit Order Return Fee of R75-00 will be added to each debit order returned
- Reconnection Fee of R100-00 will be added to each account that is disabled due to late or non payment.
3. Without prejudice to rights granted to Internet CEO in terms hereof, any amount due by the Account Holder to Internet CEO not paid on due date thereof:
- Shall bear interest at a rate equal to the maximum, allowable in terms of the Usury Act, 1968, calculated daily in advance from the date payment was due until date of actual payment thereof; and
- Should the Account Holder fail to pay any amount owing to Internet CEO on the due date, Internet CEO shall be entitled, in its discretion and without prejudice to any other rights, which it may have, to cancel this agreement without notice to the Account Holder, or to suspend performance of its obligation pending full payment by the Account Holder.
- In the instance where this agreement, in respect of any products applied for, specifies a minimum period of one years duration and a Account Holder cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall all immediately become due and payable to Internet CEO
4. Internet CEO Reserves the right to refuse the release of the customer’s website/domain on any account that has a balance owing to Internet CEO in respect of services rendered; this includes monies outstanding for Web hosting services, Web Design and maintenance services rendered to the customer by Internet CEO.
5. Internet CEO shall be entitled to take all such steps, without notice to the Account Holder, as may be necessary to recover such outstanding amount. The Account Holder shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
6. In the case of a CC/Partnership the Members/Partners bind themselves personally liable for any amounts owing to Internet CEO in respect of the CC/Partnership. In the event of a CC or Partnership being liquidated the Members/Partners bind themselves personally liable for any amounts outstanding and any costs incurred in respect of the recovery of the outstanding amount. Internet CEO furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa the Members/Partners of such CC / Partnerships who fails to comply with the payment agreement for subscription to the service.
7. Internet CEO furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa, any such Account Holder who fails to comply with the payment agreement for subscription to the service. In addition Internet CEO will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
8. Internet CEO reserves the right to amend Service subscription charges at its sole discretion. Internet CEO will give the Account Holder 30(Thirty) days notice of any such amendment and the Account Holder shall be bound to such adjustments.
9. Internet CEO may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
10. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Internet CEO reserves the right to change the specified rates and charges from time to time.
11. All Budget Saver packages are for the period of 24months. If the client cancel within the this period the account holder would have to pay the amount due up to the period of 24months. Once the amount has been payed will Internet CEO release the domain name,and website files and script.
SUSPENSION/DISCONECTION OF SERVICE
1. Internet CEO may from time to time and without notice, suspend and/or disconnect a Account Holder from the service in any of the following circumstances:
- During any technical failure, modification or maintenance of the Service, provided that Internet CEO will use its reasonable endeavours to resume the service as soon as possible;
- Should the Account Holder fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in Internet CEO’s opinion may have negatively affected the operation of the Service.
- If the Account Holder fails to make the required payment for such monies due to Internet CEO for subscription to the service, and/or in the event of a Account Holder being in arrears on either monthly, bi-annual or annual payments, with no attempt from the Account Holder to resolve.
2. Internet CEO reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of Internet CEO, payable by the Account Holder on invoice, for any request to be reconnected to the Service, and irrespective of how the Service was suspended or disconnected.
3. Notwithstanding any suspension of the Service in terms hereof, the Account Holder shall remain liable for all charges due throughout the period of suspension unless Internet CEO in its sole discretion determines otherwise in writing.
4. In the event of 30 days of non-payment, you agree to Internet CEO's right to place a "service unavailable due to non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Internet CEO.
1. The Account Holder undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The Account Holder furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be affected to these terms and conditions and hereby consents to Internet CEO effecting such amendments without prior notice.
1. If either Internet CEO or the Account Holder breaches any term of this agreement and fails to remedy such breach within fourteen days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.
1. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
COMMENCEMENT, DURATION AND TERMINATION
1. This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by Internet CEO and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect.
2. All Customers using the Value Added web design service will have to pay the outstanding monies due for the remainder of the contract period. Once the outstanding monies have been payed to Internet CEO then only will we accept any transfer and cancellation request.
3. Written notice must reach Internet CEO by no later that the 1st of the calendar month.
DISCLAIMER FOR LIABILITY
1. Although Internet CEO shall use reasonable endeavours to provide disaster recovery, Internet CEO does not specify any recovery time, nor shall Internet CEO be liable for any loss or damage of whatever nature incurred or suffered by the Account Holder from any cause whatsoever as a result of Internet CEO failure to provide, or delay in providing, or providing only partial, disaster recovery. The Account Holder is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by Account Holder will be successful or in any way will avoid disaster.
2. The Account Holder shall have no claim against Internet CEO and the Account Holder hereby indemnifies and holds Internet CEO free from liability in respect of any loss or damage by:
- Caused by or arising from any fact or circumstances beyond the reasonable control of Internet CEO; or
- If such loss or damage is consequential or incidental loss or damage; or
- Any downtime, outage, interruption in or unavailability of the server or the Internet CEO network as a result of or attributable to any of the following causes:
- Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
- System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
- The damage, contamination or corruption of any kind of the server or any of the Account Holder's data, material, information and/or content howsoever occasioned;
- Any inaccuracies in the impression statistics given to the Account Holder or in the page counter on the Account Holder's web site;
- Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
- The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Internet CEO network is connected;
- Any infringement of the Account Holder's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Account Holder's web site in terms of this agreement;
- Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Account Holder's information, data or content;
- The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
- Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
3. Internet CEO reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Internet CEO network and the Account Holder undertakes that it will not do or permit anything to be done which will compromise the security of the Internet CEO network.
4. Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if Internet CEO has substantially performed its obligations under this agreement.
5. You agree that Internet CEO may establish limits concerning use of any Internet CEO service offered on any Internet CEO web site, including without limitation the maximum number of days that e-mail messages will be retained by any Internet CEO service, the maximum number of e-mail messages that may be sent from or received by an account on any Internet CEO service, the maximum size of an e-mail message that may be sent from or received by an account on any Internet CEO service, the maximum disk space that will be allotted on Internet CEO's servers on your behalf either cumulatively or for any particular service. You agree that Internet CEO has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Internet CEO Service. You acknowledge that the features, parameters (for example, the amount of storage available to Account Holders) or existence of any Internet CEO Service may change at any time.
6. The responsibility of all passwords and other related sensitive information is assumed by the account holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Internet CEO.
1. The Account Holder indemnifies and holds Internet CEO, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the service.
2. The Account Holder agrees to indemnify and hold Internet CEO harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Internet CEO will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
1. The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
2. Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box.
3. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
4. Any notice given and any payment made by one party to the other ("the addressee") which: -
5. is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
6. Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
7. Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;
1. The Account Holder hereby irrevocably consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the magistrates' Courts Act of 1944, provided that Internet CEO shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
2. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the Internet CEO services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
CESSION AND DELEGATION
1. The Account Holder shall not cede, assign or delegate or in manner whatsoever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior consent or Internet CEO.
2. In the event of any change in controlling interest in the Account Holder, Internet CEO shall be entitled to terminate this agreement on notice to the Account Holder.
3. The Account Holder shall notify Internet CEO of any change in its controlling interest within 14(Fourteen) days of such change.
4. Internet CEO shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its right and obligations under these terms and Conditions.
1. The Account Holder acknowledges and agrees that these terms and Conditions govern the Account Holders use of the Service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
2. The Account Holder shall not, without the express written permission of Internet CEO , resell or make available to any third party such services as they might receive from Internet CEO .
3. These terms and conditions may change from time to time.
4. The Account Holder may view such terms and conditions at http://www.Internet CEO.co.za/terms&conditions and unless otherwise notified, Internet CEO shall deem that the Account Holder has acknowledged and agreed thereto within 14(Fourteen) days of such changes being effected.
5. General system updates / notifications related to specific products will be provided by means of the customer portal area, referred to as the "Internet CEO Billing System". The Account Holder may view such notifications / system updates in the Internet CEO Billing system and unless otherwise notified, Internet CEO shall deem that the Account Holder has acknowledged and agreed thereto within 14(Fourteen) days of such changes/updates being effected.
6. Internet CEO may include the Account Holder's name and contact information in directories of Internet CEO's service subscribers for the purpose promoting the use of the services by additional potential Account Holders. However, Internet CEO is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
7. Internet CEO will not change passwords to any account without proof of identification, which is satisfactory to Internet CEO, which may include written authorization with signature.
8. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Internet CEO will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Internet CEO be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Internet CEO from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
9. This Agreement constitutes the entire agreement between the Account Holder and Internet CEO with respect to the Internet CEO services and supersedes all prior agreements between the Account Holder and Internet CEO. Internet CEO's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all Account Holders of that account. A Internet CEO account may not be transferred without prior written approval from Internet CEO. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Internet CEO services, including any damages resulting there from, until the Account Holder notifies Internet CEO's customer service.
11. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Internet CEO.
DIAL-UP - ACCESS TERMS & CONDITIONS
In order to ensure the security and reliable operation of the system to all Account Holders, Internet CEO hereby reserves the right to take whatever action Internet CEO finds necessary to preserve the security and reliability of the system.
1. Internet CEO, with effect from the effective date, hereby grants to the Account Holder the use and enjoyment of its computer network to gain entry to the Internet ("access") on the terms and conditions set out herein.
2. The Account Holder hereby acknowledges receipt of such access and agrees:
1. That the log-in ID and password will be used for his/her personal use only;
2. Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorized use") and undertakes to maintain the confidentiality of such log-in ID and password;
3. In the event that any unauthorized use takes place, to pay immediately, on demand made by Internet CEO, all such costs involved in the use of such Account Holder's log-in ID and password.
3. The Account Holder acknowledges that he/she is prohibited from utilizing Internet CEO Services to compromise the security or tamper with system resources or account(s) on computer(s) at Internet CEO, or at any other site.
4. The Account Holder agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by Internet CEO's operating policies, which may be amended from time to time at Internet CEO's sole discretion, (and the Account Holder hereby indemnifies and holds Internet CEO free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
1. Not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
2. Not to post or transmit any message, data, image or program which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;
3. Not to interfere with use of the Internet by any other Internet CEO Account Holders or other Account Holders;
4. Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the Account Holder;
5. Not to repeatedly post gratuitous off the topic postings;
6. Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and
7. Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
5. In the event that the Account Holder should engage in any one or more of the above practices, which shall be determined in Internet CEO's sole discretion and which decision shall be final, then Internet CEO shall be entitled to:
6. Terminate, without notice, the Account Holder's account and/or access to Internet CEO services, including but not limited to web hosting services and e-commerce;
7. Bill the Account Holder for any costs incurred by Internet CEO, including, but not limited to, bandwidth, administration costs, downtime, usage of Internet CEO's name or registered domain names, and CPU cycles; and
8. Notify all those persons who received the offending spam of the personal and public information of the Account Holder.
9. Without limiting the above, the Account Holder undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by Internet CEO or by any of the local or foreign service providers or any laws governing the provision of the service.
DOMAIN SERVICES - TERMS AND CONDITIONS
1. Internet CEO shall in accordance with the Account Holder's instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the Account Holder.
2. The Account Holder acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that Internet CEO cannot guarantee the registration of the domain selected by the Account Holder.
3. The Account Holder hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds Internet CEO free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
4. The Account holder acknowledges that in the event of a suspension/disconnection due to non payment for services rendered, which is outstanding for a period of over 30 (Thirty) days without remedy, Internet CEO at its sole discretion may :
1. Take ownership of such domain names at its own cost, for Resale to other parties or for own use.
2. The Account Holder agrees to indemnify and hold harmless Internet CEO from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Internet CEO, (collectively, Claims) related to or in connection with Internet CEO taking over such domain name ownership.
3. Issue a deletion request for the domain at the specific registration authority.
5. The Account Holder agrees to refund to Internet CEO the costs levied by registration authorities in procuring the registration of the domain name.
6. The registration facility supplied to resellers is provided at their own risk, Internet CEO does not have insight in the clients/domain information registered by resellers on Internet CEO hosting systems. Resellers need to ensure registrations are successfully completed by checking the whois servers of the various registrars for registration confirmation at least 48 hours after registration is requested. Internet CEO accepts no responsibility for failed registrations, due to incorrect domain control panel setup by resellers. The facility is provided as a value added service with a minimal service fee charged to send the registration documentation to the registrars for processing and as a reminder service when domain registrations need to be renewed.
7. Any domains that are not renewed by the due date indicated as per domain renewal notifications can and will become expired at the various registrars, these domains once expired, Internet CEO cannot guarantee that they will be available for renewal/re-registration after they are expired.
8. A fee of R20-00/per month will be charged should you just "park" your domain name on our servers.
MAIL SPOOLING - TERMS AND CONDITIONS
1. Internet CEO shall provide the Account Holder with an SMTP/POP3 mail spooling service in accordance with the Account Holder's choices as set out in this application form and at such charges as specified in the main order form.
2. The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
3. Internet CEO assumes no responsibility for the failure of any mail delivery or the loss of any mail.
4. The Account Holder undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and Internet CEO reserves the right to suspend or terminate the service if relaying occurs until such time as the Account Holder has taken steps to prevent the relaying.
5. The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.
WEB SITE HOSTING - TERMS AND CONDITIONS
Internet CEO shall, in accordance with the account holder's choices indicated on the account holder’s application form:
1. Host an account for you, the Account Holder, for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder.
2. Permit users of the Internet, access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
3. Provide such platform as set out in the application form; Allocate the Account Holder disk space on Internet CEO's server as indicated on this application form;
4. Take such steps as Internet CEO regards as reasonable to secure the Account Holder's Web site from unauthorized access;
5. The then current contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated by the customer.
6. We require written notification of cancellation of a service with 30 days prior to the renewal date.
8. There are no refunds on a-la-carte services.
9. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography.
10. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Internet CEO, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Internet CEO based upon the severity of the violation.
11. Internet CEO reserves the right to refuse service if any of the content within, or any links from, the Account Holder's web site is deemed illegal, misleading, or obscene, or is otherwise in breach of Internet CEO's then current Acceptable Use Policy, in the sole and absolute opinion of Internet CEO.
12. Notwithstanding anything in this Agreement, the content of the Account Holder's web site is the sole responsibility of the Account Holder.
13. Internet CEO shall not be liable for any illegal software or licenses.
14. The Account Holder agrees to indemnify and hold harmless Internet CEO from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Internet CEO, (collectively, Claims) related to or in connection with the content of the Account Holder's web site.
The terms of this Section will survive any termination of this Agreement.
CONTENT MONITORING AND TERMINATION RIGHTS
1. The Account Holder acknowledges that Internet CEO has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Account Holder's content as hosted by Internet CEO and published by the Account Holder on the Account Holder's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Internet CEO, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Internet CEO, its affiliates, and its business partners.
2. Accordingly the Account Holder agrees, if Internet CEO in the exercise of its sole discretion is of the opinion that the Account Holder's content is offensive, unlawful, or harmful, as set out above, or the Account Holder has uploaded and utilized illegal or harmful software or licenses, that Internet CEO without derogating from any of its other rights in terms of this agreement, may:
1. request the Account Holder forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
2. request the Account Holder forthwith to amend or modify the content; or
3. without notice delete the Account Holder's web site from the server; or
4. without notice terminate access to the Account Holder's web site; or
5. The Account Holder agrees that nothing that Internet CEO does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Internet CEO for the content of the Account Holder's web site or the illegal use of software or licenses and the publication thereof, whether or not Internet CEO had knowledge of such content and the Account Holder hereby indemnifies Internet CEO and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Account Holder's content or software as well as any other data or software on the Account Holder's web site.
3. Internet CEO shall use its best endeavours to notify the Account Holder of any action taken in terms of clause above, but does not warrant that notice shall be given to the Account Holder prior to such action being taken.
4. If Internet CEO assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Internet CEO services, the right to use that Internet Protocol address will remain with and belong only to Internet CEO, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Internet CEO in its sole and absolute discretion.
5. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Internet CEO has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Internet CEO Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Internet CEO, Internet CEO may terminate the services being provided to the Account Holder.
6. Internet CEO reserves the right to select the server for Account Holder's web site for best performance. The Account Holder understands that the services provided by Internet CEO are provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's web site overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's web site. Internet CEO will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Internet CEO has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Internet CEO and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Internet CEO The terms of this Section will survive any termination of this Agreement.
E-MAIL - TERMS AND CONDITIONS
1. Internet CEO shall provide the Account Holder with e-mail services in accordance with the Account Holder's choices as set out in the this application form.
2. Internet CEO assumes no responsibility for the failure of any mail delivery or the loss of any mail.
3. The Account Holder is responsible for ensuring that the Account Holder mail site is Internet CEO shall assume no responsibility for the failure of any mail delivery or the loss of any mail. Internet CEO will immediately terminate any list owner account that it believes in its sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
4. Compliance of the ECT Act regarding Commercial mail must be abided to. Any contravention of the Act leading to legal action due to the breach will be for the mail list owners responsibility.
5. The Account Holder indemnifies and holds Internet CEO, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the Bulk email service.
6. If any of Internet CEO ip addresses get blacklisted due to UCE bulk email / Spam sending from any mail list will result in the Account Holder being responsible for costs to have such ip addresses removed from the blacklist systems. This is normally charged at around $50 per ip address/spam email received by RBL's such as Sorbs, Spamhaus, Spamcop, etc. This is normally charged as a "fine" and paid to one of the charities identified by the specific RBL system at that point in time.