Terms and conditions
1. Terms and conditions
These terms and conditions govern the use of the Website Web Designs domain registration, hosting services and website builder software platform. By contracting with Website Web Designs for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.
The customer or the customer’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the customer to contract on customer’s behalf.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Website Web Designs software cannot be transferred to any party in whole or in part thereof unless 3rd party licence fees have been paid where applicable.
Website builder platform
You acknowledge and agree that the Website builder (“Software”) we supply as part of your website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. This software cannot be transferred to any party in whole or in part thereof unless 3rd party licence fees have been paid where applicable.
Website Web Designs registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Website Web Designs server(s) on behalf of customers. These terms and conditions apply to the use and registration of domain names, web hosting services offered by Website Web Designs.
Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
A cancellation request in respect of any Domain Registration or Web Hosting must be completed and sent to our accounts department one calendar month (30 days) before the date of ceasing the service. It is the client’s responsibility to ensure that a proof of receipt has been received from Website Web Designs in respect thereof.
Website Web Designs reserves its rights to change its prices at any time on reasonable notice. Website Web Designs reserves the right to stop offering certain web hosting package types if it deems it necessary. Website Web Designs will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
Payment and payment terms
The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Customer shall ensure that there are sufficient funds in the account, details of which have been supplied to Website Web Designs to cover such amount.
In the event that a debit order amount is recalled due to incorrect information supplied by customer or due to insufficient funds in the customer’s bank account the hosting of the website will be immediately suspended.
In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.
In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.
Website Web Designs may record the existence of the customer’s account with a Credit Bureau.
Website Web Designs may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account.
Liability for registration and use of domain names
Website Web Designs has not and does not conduct pre-registration searches in respect of the customer’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
The use or registration of the Domain Name by customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.
Website Web Designs cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that Website Web Designs may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance Website Web Designs shall be allowed to provide a complainant with customer ‘s name and address and all further communication will exclude Website Web Designs and Website Web Designs will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by Website Web Designs until a court or other body with jurisdiction directs otherwise.
Website Web Designs does NOT provide SMTP mail services by default with shared hosting packages.
Website Web Designs reserves the right to suggest suitable alternatives to the customer and / or charge for excessive traffic as it deems necessary at its sole discretion.
Website Web Designs reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems necessary at its sole discretion.
Website Web Designs reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented.
Website Web Designs reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on an Website Web Designs Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.
Disclaimers, Limitations and Indemnities
Website Web Designs will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer’s selected domain names/s OR ANY ACTION TAKEN BY Website Web Designs IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The Customer hereby indemnifies and holds harmless Website Web Designs against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer’s use and registration of its selected Domain Name, even if Website Web Designs has been advised of the possibility of such damages;
Website Web Designs will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Neither Website Web Designs, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Website Web Designs’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Website Web Designs Server service, unless otherwise expressly stated in this Agreement.
Website Web Designs expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Website Web Designs specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Website Web Designs is not responsible if an external company network and firewall is setup to block access to services Website Web Designs provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Website Web Designs provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.
Use at Customer’s risk
Website Web Designs will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Website Web Designs network and in no way moderates such content.
Customer expressly agrees that use of Website Web Designs’s Server(s) and Services are at customer’s sole risk.
Website Web Designs is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Website Web Designs web servers, including e-mail, databases and site content.
Website Web Designs will take an initial off-site backup shortly after web-site has been setup. It is still however the customer’s responsibility to ensure regular off-site backups are done.
Limitation on mail size
Individual mail sent to the customer’s POP3/IMAP box or forwarded to the customer’s existing email address may be limited to 3000kB in size each.
Refusal of services based on network, domain and/or equipment identifiers
Website Web Designs reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.
Should customer breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Website Web Designs has the right (solely at Website Web Designs’s discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Website Web Designs may have.
Website Web Designs reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.
Customer confirms that all statements made in this application are true and correct. Website Web Designs reserves the right to request proof thereof.
Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa. .
Any form of abuse of Website Web Designs staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse.
In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Website Web Designs reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
Domain Registrar terms and conditions
In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:
.CO.ZA domains Terms and Conditions
All .UK domains Terms and Conditions
.US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM, .RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM domains
Terms and Conditions
This document is to explain how we handle data and information collected from you whilest visiting our web site.
To register for our services you will have to provide us with personally identifiable information to enable us to provide you with our services.The information you provide will be entered into our database.
If you register as a subscriber, we do not make your personally identifiable information available to anyone unless required by law to do so.
Information Collected from E-mail
When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within WebHostFanatic. Once received, the information to your email is protected in accordance with law, (e.g. the Privacy Act and the Freedom of Information Act).
This is information Collected and Stored Automatically:
When you visit our web site to read web/html pages or download information, we automatically collect and store the following non-identifying information:
The Internet protocol (IP) address from which you access our web site. An IP address is a unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
The type of browser, such as Internet Explorer or Mozilla, and operating system, such as Windows Vista or MacOs, used to access our site.
The date and time our site is accessed, for the purpose of traffic and statistical monitoring.
The pages visited, for the purpose of improving the usefulness of our web site by providing helpful links and removing pages that are not read.
This information does not identify you personally. We maintain the above information in system logs. We use this information to make our site more useful to visitors by learning the number of visitors to our site, the number of pages served, and the level of demand for specific pages. We do not track or record information about identifiable individuals and their visits.
Security, Intrusion, and Detection:
For site security purposes and to ensure that this service remains available to all users, our computer system employs software programs and hardware devices to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
3. Acceptable use policy
By contracting with us for services, you agree, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with the services/website.
The purpose of this AUP is:
- to ensure compliance with the relevant laws of the Republic;
- to specify to customers and users of our service what activities and online
- behaviour are considered an unacceptable use of the service;
- to protect the integrity of our network; and
- to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations which you will be presumed to be familiar with. As such, we encourage you to read this document thoroughly.
WebHostFanatic respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our Constitution.
WebHostFanatic’s services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes, but is not limited to:
- Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
- Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
- Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with WebHostFanatic on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of WebHostFanatic’s network is unacceptable. This includes:
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by WebHostFanatic for this goal.
- Any effort to use WebHostFanatic’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
- Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
- Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
- Any activity which threatens to disrupt the service offered by WebHostFanatic through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.
- Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without WebHostFanatic’s explicit, written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
- Running services and applications with known vulnerabilties and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
- Failing to respond adequately to a denial of service attack (DOS / DDOS). If your facilities are targeted by a DOS attack that affects other network users, your service will be suspended.
Public Space and Third Party Content and sites
You acknowledge that WebHostFanatic has no power to control content passing over the Internet, its facilities and its applications, including email; chat rooms; news groups; or other similar fora, and that WebHostFanatic cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content or sites nor are we obliged to monitor our network: our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the WebHostFanatic network websites and web pages or sites displayed as search results or contained within a directory of links on the WebHostFanatic network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
WebHostFanatic employees do not moderate any of its services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Spam and Unsolicited bulk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security.
WebHostFanatic regards all unsolicited bulk email as spam, with the following exceptions:
- Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
- Mail sent by one party to another with the explicit consent of the receiving party.
In essence, WebHostFanatic believes that consumers should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
WebHostFanatic will take swift and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
- Using any part of WebHostFanatic’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
- Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, WebHostFanatic does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintaining meaningful records of when and how each recipient requested mail.
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list.
- Using WebHostFanatic’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on WebHostFanatic’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
- Including WebHostFanatic’s name in the header or by listing an IP address that belongs to WebHostFanatic in any unsolicited email whether sent through WebHostFanatic’s network or not.
Users outside of South Africa
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, WebHostFanatic will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using WebHostFanatic’s resources, including the provisioning of all personal identifiable data.
WebHostFanatic provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that WebHostFanatic shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
WebHostFanatic reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Webmail and other web-based email services made available by WebHostFanatic are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that WebHostFanatic shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of WebHostFanatic. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the webmail service or resale of the webmail service is expressly prohibited.
WebHostFanatic prohibits customers from doing the following on hosting platforms administered by WebHostFanatic:
- Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
- Running applications with inadequate security controls.
- Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
- Storing or generating useless content, including comment spam, unused cache files, log file and database entries.
- Storing malicious content, such as malware or links to malware.
- Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
- Maintaining long-running processes and long-running database queries.
- Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
- Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
- Using poor passwords.
- Sharing security credentials with untrusted parties.
Protection of Minors
WebHostFanatic prohibits customers from using WebHostFanatic’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
WebHostFanatic prohibits customers from using WebHostFanatic’s service to host sexually explicit or pornographic material of any nature.
Privacy and Confidentiality
Customers are responsible for any misuse of WebHostFanatic’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse WebHostFanatic’s service.
WebHostFanatic urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and WebHostFanatic cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the WebHostFanatic’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Complaints relating to the violation of this AUP should be submitted in writing to support@WebHostFanatic.com. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to our network and services.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, WebHostFanatic may, in its sole and reasonably-exercised discretion take any of the following steps:
- In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and the ISPA Code of Conduct (if applicable);
- In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
- In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
- In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
- Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
- Institute civil or criminal proceedings;
- Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
Any one or more of the steps listed above, insofar as they are deemed necessary by WebHostFanatic, may be taken by WebHostFanatic against the offending party.
To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, WebHostFanatic reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof. Such steps include but are not limited to:
- Limiting throughput (on specifc protocols or services or entirely);
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to customers who grossly abuse the network through improper or excessive usage.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which WebHostFanatic may, from time to time, revise at its own discretion and without prior notice to the customer.
Reservation and Non Waiver of Rights
WebHostFanatic reserves the right to amend or alter this policy at any time, and without notice to you.
WebHostFanatic reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
WebHostFanatic reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
WebHostFanatic reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
WebHostFanatic does not undertake to guarantee the security of any data passing through its networks.
WebHostFanatic will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and WebHostFanatic cannot be held liable for any loss or damage arising as result of the failure to do so.
WebHostFanatic does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should WebHostFanatic fail, neglect or elect not to enforce a breach of the AUP at any time.