Web
Hosting Terms and Conditions
| This Web Hosting Agreement (this "Agreement") sets forth
the terms and conditions of your use of Netrenz™ for web hosting services.
You certify that you are at least 21 years of age. To become a Netrenz™
accountholder, you must read and agree to be bound by all terms and
conditions of this Agreement and any policies that are or may be published
by Netrenz™. Netrenz™ reserves the right to deny service to anyone.
Netrenz™ may modify the terms and conditions of this Agreement or
the prices of its services, as well as discontinue or change the services
offered. You will be bound by the modified Agreement, prices and/or
policies if you continue to use the services. Customers that have
paid in advance for services will not be affected by any price changes
until their term is up. |
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- Scope of Services and Your Obligations
- This Agreement defines the terms and conditions
of Netrenz™ services as offered by Netrenz™ and used by the
client, including connectivity to the Internet (the "Services").
Netrenz™ will provide the Services for the amount of server
storage space selected in exchange for payment of fees and
full compliance with the terms and conditions of this Agreement.
In performing the Services, Netrenz™ maintains control and
ownership of any and all Internet protocol ("IP")
numbers and addresses that may be assigned to you and reserves
the right to change or remove any and all IP numbers and addresses
at its sole discretion.
- You are responsible for producing, electronically
uploading and maintaining HTML files, execution scripts, applets
and applications (the "Upload Materials") to your
website, and you hereby warrant that all Upload Materials
shall be owned or properly licensed by you and shall not adversely
impact the Services or violate any rights of any third parties.
- You are responsible for ensuring that all Upload
Materials will function properly and as intended.
- You are responsible for all activity originating
from your website, unless proven to be a victim of outside
hacking or address forgery.
- You assume responsibility for all material on your
website that may be put on by a third party (such as the usage
of Free For All links pages. If you wish Netrenz™ to analyze
any of your code/files/data then Netrenz™ may charge you at
the current development/consulting rate.
- During the period that Netrenz™ provides the Services to
you, you hereby grant to Netrenz™ a nonexclusive, royalty-free,
worldwide right and license to digitally display and host
your website and its content, and to use its trademarks, service
marks, trade names, logos and other commercial or product/service
designations in connection with the website and such Services.
- For server restoration purposes only, Netrenz™
makes back-ups of websites nightly; however, Netrenz™ makes
no guarantees of any kind, either expressed or implied, as
to the integrity of these back-ups. You are responsible to
maintain local copies of your website / data. If loss of data
occurs due to an error of Netrenz™, Netrenz™ will attempt
to recover the data for no charge. Otherwise, Netrenz™ will
attempt to recover the data from the most recent archive for
a $50 fee. If Netrenz™ is unable to recover your website /
data then you will need to restore from your local copy /
back-up. Files that are not backed up are Program files (i.e.
.exe, .com), Music Files (i.e. .mp3, .RM, .RAM, .WAV), Archive
Files (i.e. zip, .arj, .cab). Netrenz™ does not make back-ups
of email data.
- Netrenz™ reserves the right to monitor its systems
electronically and to access and disclose any information
as permitted or required by any law, regulation or other governmental
request to operate its systems properly, to protect itself
or its accountholders or for any other reason it in good faith
deems necessary. Netrenz™ will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers and reserves
the right to report to law enforcement any suspected illegal
activity it becomes aware of.
- Websites are unmodified forums containing the personal
opinions and other expressions of the persons who post entries
on a wide range of topics. Neither the content of websites
located on Netrenz™ servers nor the links to other websites
are screened, approved, reviewed or endorsed by Netrenz™.
- Netrenz™ does not guarantee Traffic Report Data.
- If Netrenz™ is asked by customer to review code
or review database/table/field structure by customer, then
customer will be required to pay the current labor rate for
such service.
- Netrenz™ charges over bandwidth and over disk quota
charges for accounts that go over their allocated package
amount. Over bandwidth charges are billed at the 1st of every
month at the rate of $3.00 per GB rounded up to the nearest
GB. Over Quota charges are billed on a daily basis at the
rate of $0.25 per MB that the account is over its bandwidth
allocation.
- Limited Warranty; Limitation of Liability; Indemnification
- Limited Warranty: You
acknowledge that the Services are provided "as is."
Neither Netrenz™, nor any of its employees or agents, warrants
that the Services will be uninterrupted, error free or free
from viruses or other harmful components. Netrenz™ is not
responsible for and hereby disclaims any warranties, either
expressed or implied, regarding the quality, accuracy, or
validity of the data and/or completeness, noninfringement,
merchantability or fitness for a particular purpose of information
available on its SERVERS or residing on or passing through
its interconnecting networks. Use of information obtained
from or through the Services is at your risk. Under no circumstances
will Netrenz™ be liable to you or any other person for any
loss or damage caused by your reliance on information available
on its servers or obtained through the Services.
- Limitation of Liability:
IN NO EVENT SHALL Netrenz™ BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION
OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE
CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
OR YOUR USE OR INABILITY TO USE Netrenz™ SERVICES (INCLUDING,
BUT NOT LIMITED TO, INOPERABILITY OF Netrenz™ SERVERS), REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF Netrenz™ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Netrenz™
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Netrenz™
FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE
EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Netrenz™
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnification: You
agree to indemnify, defend and hold Netrenz™ and its affiliates,
directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including
reasonable attorneys' fees, resulting from any third-party
claim, action, dispute or demand related to your use of the
Services, your violation of any of the provisions of this
Agreement or from your placement or transmission of any materials
or content onto Netrenz™ servers. Such liabilities may include,
but are not limited to, those arising from the following:
(a) with respect to your business, (i) infringement or misappropriation
of any intellectual property rights; (ii) defamation, libel,
slander, obscenity, pornography, or violation of the rights
of privacy or publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage
or destruction to Netrenz™ equipment or to any other accountholder,
which damage is caused by or otherwise results from acts or
omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of
your activities related to the Services, unless such injury
or property damage is caused solely by Netrenz™ gross negligence
or willful misconduct; and (d) any other damage arising from
your equipment or your business.
- Payment of Fees
- Netrenz™ will publish a notice of fee increases
30 days before such increases take effect via e-mail. A listing
of current monthly, quarterly, semi-annual and annual fees
(each, a "Payment Interval") can be found at http://www.netrenz.com/hosting-services.php
- You agree to provide Netrenz™ with accurate and
complete billing information, including your legal name, address,
telephone number, e-mail address and applicable payment date
and to update this information immediately if any change occurs.
Payments must be submitted in advance of receiving the Services.
- You acknowledge that Netrenz™ will bill your credit
card prior to the Payment Interval you have chosen. You authorize
automatic billing by Netrenz™ on an on-going basis during
the term of this Agreement.
- Netrenz™ will charge a R175
service charge per returned check.
- Delinquent accounts are those that remain unpaid
at the beginning of the next Payment Interval. The Services
will be suspended if your account is delinquent. Notwithstanding
any other rights Netrenz™ may have in this Agreement, all
of your website contents will be destroyed if your account
is delinquent for 60 days. Netrenz™ accounts continue to accrue
charges while they are delinquent or if the Services are suspended.
- You acknowledge responsibility for your account
until payment in full is made.
- Acceptable Uses
- Use and Misuse of the Services:
All complaints of abuse, violation and misuse of the Services,
whether described in this Section 4 or otherwise, shall be
investigated promptly. If you are not sure if your actions
will be an abuse, violation or misuse, please ask first: info@Netrenz.com.
You are responsible for all use of your website, with or without
your knowledge or consent.
You agree to use the Services only for lawful purposes, in
compliance with all applicable laws. Illegality includes,
but is not limited to, drug dealing; attempting without authorization
to access a computer system; pirating (distributing copyrighted
material in violation of copyright law, specifically MP3s,
MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or having
content that is obscene, lewd, lascivious, filthy, or indecent
with intent to annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or groups;
violating U.S. export restrictions; stalking; or violating
other state or federal law, such as the Electronic Communications
Privacy Act, the Computer Fraud and Abuse Act, or the Economic
Espionage Act. Linking to illegal material is also prohibited.
When Netrenz™ becomes aware of possible violations of this
Agreement, Netrenz™ may initiate an investigation that may
include gathering information from you and the complaining
party, if any, and examination of material on Netrenz™ servers.
It is against Netrenz™ policy for any individual to swear
at or make degrading comments to Netrenz™ employees. If an
individual deliberately directs any inappropriate or obscene
expletive towards Netrenz™ and or its employees, will constitute
termination of service without refund.
Netrenz™, in its sole discretion, will determine what action
will be taken in response to a violation on a case-by-case
basis. Violations of this Agreement could subject you to criminal
or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Netrenz™
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Netrenz™
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS
AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION
OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Netrenz™ AS A RESULT
OF Netrenz™ DECISION TO REMOVE MATERIAL FROM ITS SERVERS,
WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR
AS A RESULT OF Netrenz™ CONCLUSION THAT A VIOLATION HAS OCCURRED.
THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
- Use and Misuse of Materials:
Materials in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. You may
also re-distribute materials in the public domain. You assume
all risks regarding the determination of whether the material
is in the public domain.
You are prohibited from storing, distributing or transmitting
any unlawful material through the Services. Examples of unlawful
material include, but are not limited to, threats of physical
harm, child pornography, and copyrighted, trademarked and
other proprietary material used without proper authorization.
Pornography and sex-related merchandising, or links to such
material, even if legal, are not acceptable uses of Netrenz™
servers. You may not post, upload or otherwise distribute
copyrighted material on Netrenz™ servers without the consent
of the copyright holder.
Unacceptable uses of website content also include the presence
of the following programs or the activities associated with
them, regardless of whether or not any actual intrusion results
in the corruption or loss of data: server broadcast messages
or any message sent on an intrusive basis to any directly
or indirectly attached network; attempts to circumvent any
user authentication or security of host, network, or account;
accessing data not intended for user; probing the security
of any network; spawning dozens of processes; port scans,
ping floods, packet spoofing, and forging router information;
denial of service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land and teardrop; promulgation
of viruses; and IRC bots, such as eggdrop or BitchX.
Netrenz™ supports free speech on the Internet and will not
suspend or cancel your account simply because it disagrees
with your views expressed at your website. However, examples
of unacceptable activities include posting private information
about a person without his or her consent, defaming a person
or business, and knowingly making available code that will
have a deleterious effect on third-party computers. Where
there are allegations that your on-line activity has violated
the legal rights of a third party, Netrenz™ will not substitute
itself for a court of law in deciding tort claims raised by
the third party.
- Email Use: Unacceptable
affronts to netiquette and unacceptable activities include,
but are not limited to, the following: spamming (sending unsolicited
advertising to those with which you have no existing business
relationship and posting off-topic advertising in newsgroups);
spoofing (using a return email address that is not the valid
reply address of the sender or sending an email message that
does not contain enough information to enable the recipient
to identify you); passive spamming (promoting a website hosted
by Netrenz™ by spamming from some other source); trolling
(posting controversial messages in newsgroups to generate
responses); mail bombing (inundating a user with email without
any serious intent to correspond or sending large or multiple
files to a user); generating a higher volume of outgoing mail
than a normal user (over 10% of available system resources);
propagating chain letters; and subscribing someone else to
an electronic mailing list without that person's permission.
A message is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available to
the public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email.
If you are repeatedly mail bombed or attract such behaviour,
the Services will be terminated.
You should not send email to any user who does not wish to
receive it, either at Netrenz™ or elsewhere. Netrenz™ recognizes
that email is an informal medium; however, you must refrain
from sending further email to a user after receiving a request
to stop.
You may not alter the headers of email messages to disguise
their identity or to prevent users from responding to the
messages. Netrenz™ may disclose the usernames of accounts
responsible for forged email messages to system administrators
or users requesting the information.
You may not use Netrenz™ e-mail servers/systems for e-mail
membership services such as allowing anyone to signup for
an e-mail account with your domain name that wishes. Your
e-mail server/services are intended to be used for you, departments
and employees within your organization/company. If you need
e-mail membership services Netrenz™ can recommend a few companies
that offer this service.
Violations of the Netrenz™ policies outlined herein can sometimes
result in massive numbers of email responses. If you receive
so much email that Netrenz™ resources are affected, Netrenz™
staff may shut down your mailbox.
You may not use Netrenz™ mail services, servers or components
to send out mail from other sites or services that are not
hosted with Netrenz™. You may not use Netrenz™ mail services,
servers or components to send out mail advertisements for
other sites not pertaining to the website you are hosting
with Netrenz™.
You may not use Netrenz™ mail servers for bulk e-mailing unless
arrangements have been made prior to each mail submission.
Netrenz™ staff may shut down your mailbox /site without warning
if this occurs.
You may not use Netrenz™ shared mail servers as an email storage
facility. By storing your email on Netrenz™ servers you do
so at your own risk. Netrenz™ suggests you download all mail
content off of Netrenz™ shared mail servers at the time of
retrieval. As per section 1.5 Netrenz™ does not backup mail
data and is not responsible for loss mail data under any circumstances.
You may not use Netrenz's shared mail servers for a domain
not hosted with Netrenz™ for email only unless the domain
is the main domain of any plan, otherwise the domain that
email service is being supplied to must be pointed to Netrenz's
network.
List Server Lists are permitted on certain packages. Large
lists of more than 1500 members are not permitted without
first consulting Netrenz™ for approval. Use of this service
is AS IS. Netrenz™ does not provide support on the List Server
service. Netrenz™ will provide you with the URL of the List
Server provider to review help and knowledge base articles
to guide you with this service.
- System Security:. You
are prohibited from utilizing the Services to compromise the
security of system resources or accounts on servers at Netrenz™
or at any other site. Use or distribution of tools designed
for compromising security or containing viruses or trojans
are prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or
network probing tools.
If you are involved in violations of system security, Netrenz™
reserves the right to release all usernames of users involved
in such violations to system administrators at other sites
in order to assist them in resolving security incidents. Netrenz™
will also fully cooperate with law enforcement authorities
in investigating suspected lawbreakers.
- System Resources: System
abuse includes any use of Netrenz™ resources that disrupts
the normal use of its servers or services for others. Examples
of system abuse include running excessive numbers of processes
or consuming excessive amounts of CPU time, memory or disk
space.
- MySQL / MSSQL / Database Server:
MySQL / MSSQL Server Databases are provided on some packages
on an As IS basis. All database management and data management
must be done by customer thorough an interface provided by
customer or through the web interface provided by Netrenz.
Any additional services that are not available through customers
interface or the Netrenz™ web interface may be done by Netrenz™
at the current hourly rate for these additional services.
Any work, not limited to programming and repair, that is required
of Netrenz™ on customer database(s), other than database creation,
is subject to the current hourly rate for these services.
You are prohibited from using Netrenz's SQL / Data servers
from remote servers. Using Netrenz's sql servers from remote
servers is a violation of Netrenz's terms and conditions.
One example of the violation is you have a website hosted
at another location and you are using Netrenz™ sql servers
for storing the data. Connections outside our Network are
not permitted unless it is a program used to create and maintain
your database like Enterprise Manger or comparable application.
- Netrenz™ Right to Terminate Agreement
- Netrenz™ reserves the right to suspend or terminate
the Services to you and remove or prevent access to any material
from your website at any time, without prior notice or liability,
for any conduct that Netrenz™, in its sole discretion, believes
violates this Agreement or is otherwise harmful to Netrenz™
interests or the interests of other accountholders.
- Netrenz™ also reserves the right to comply with
the take-down provisions of the DMCA and to seek injunctive,
declaratory, interpleader or other judicial or equitable relief
(and, pending such action, to suspend all access to your website)
if any third-party claim is made that your website content
or use violates any of the acceptable uses or your obligations
or representations described in this Agreement.
- Cancellation of Accounts
- You may cancel your Netrenz™ account by stating
this in writing visiting Charges for cancelling accounts are
not prorated on a monthly basis. No refunds are given on any
accounts that are pre-paid in advance unless they are cancelled
within the first 30 days of when the account was established.
The 30 day guarantee does not apply to reseller accounts.
- All Netrenz™ accounts must be paid in full before
the cancellation will be considered complete.
- When cancelling an account, cancellations take
effect immediately and do not continue for the amount of your
term left on your account. Netrenz™ does not give refunds
on the remaining term left on an account that was cancelled
after the charges have been billed. Netrenz™ will send out
an invoice via e-mail 5 days prior to billing. Customer must
inform Netrenz™ of cancellation prior to the new billing date.
Any charges that incurred after the billing date and cancellation
are non-refundable. It is customer's responsibility to make
sure that Netrenz™ has accurate e-mail addresses / billing
information on file for the invoices to reach you.
- If your account is suspended or terminated for
any reason permitted by this Agreement, Netrenz™ may, at its
sole discretion, permanently delete your website contents
from Netrenz™ servers, and Netrenz™ will not be able to reopen
or restore such content. If your account has been cancelled
or suspended due to a violation of our Terms and Conditions
and Acceptable use policy no refunds will be given on any
pre-paid term.
- Miscellaneous
You may not assign your rights and obligations under this Agreement
without the prior written consent of Netrenz™, which may be withheld
at Netrenz™ discretion. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, or other form
of joint enterprise between the parties. The failure of Netrenz™
to require your performance of any provision hereof shall not
affect the right to require such performance thereafter; nor shall
the waiver by Netrenz™ of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. Any action
for any claim arising under, or in connection with, this Agreement
must be commenced by you within one year after the alleged cause
of action has accrued or after the date of termination of this
Agreement, whichever is earlier. In the event that any provision
of this Agreement is deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this Agreement.
Such provision may be amended or replaced with one that is valid
and enforceable and which achieves, to the extent possible, the
original objectives and intent of the parties as reflected in
the original provision. No provision of this Agreement may be
amended or modified by you except by means of a written document
signed or expressly assented to by Netrenz™. All terms and conditions
of this Agreement that should by their nature survive termination
of this Agreement shall so survive. This Agreement and the Order
form, together with all amendments or modifications to any of
them, constitute the complete and exclusive agreement between
you and Netrenz™ and supersede and govern all prior proposals,
agreements, or other communications. The agreement can be changed
at any time without written notice.
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