This Hosting Agreement governs your purchase and use, in any manner, of all Website Hosting, ordered by you and accepted by Domenetworx (Pty)Ltd and describes the terms and conditions that apply to such purchase and use of the Services. You “Client” AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Domenetworx reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future clients. Domenetworx may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Domenetworx’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.
As consideration for Domenetworx providing the Hosting Services here-under Client agrees to pay Domenetworx the aggregate monthly fee based on the monthly hosting services and the terms selected. Payment is accepted in SA Rand (R), Euro (€) and Australian Dollar (AUD). Payment options include PayPal, PayPal Credit Card services (Visa, Master Card, etc.) and also Electronic Funds Transfer (EFT) for South African clients. Payment is also accepted via Cash Deposit and Cheque Deposit for South African clients (cash & cheques payments will include a transaction fee depending on the amount paid.) Payments are due at the end of each month. We do not offer cashback on any payments. Failure to pay invoices will result in services being suspended. We will send out a payment reminder 7 days after due date, and if payment is not received within 48 hours thereafter, your account will be suspended. If payment is not received within 30 days after suspension, your account will be terminated.
Domenetworx will provide Client with the Services ordered that are described in the Hosting Package Features located on www.domenetworx.com. Client understands and agrees that Domenetworx will host and create the Web site solely in accordance with the information provided by Client.
With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Client owns the Client Content. “Client Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Client to Domenetworx. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Domenetworx, and licensed by Domenetworx or generally available to the public, including Client, under published licensing terms, and that Domenetworx will use to display or run a Web site. Domenetworx owns the rights to the design of the web site. If a Client stops paying the monthly fee for the web site upon cancellation the Client is not entitled to use the web site for any purposes whatsoever.
“Background Technology” means computer programming/formatting code or operating instructions developed by or for Domenetworx and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of Domenetworx. All rights to the Background Technology not expressly granted to Client hereunder are retained by Domenetworx. Without limiting the foregoing, Client agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Client hereby grants to Domenetworx the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Client Content, or any Client Marks provided to Domenetworx hereunder, solely for the purpose of rendering Domenetworx’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Client agrees not to provide Client Content, and Domenetworx will not intentionally provide to Client any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If the Client is international, then Client agrees to comply with all applicable local and national laws. Domenetworx reserves the right to refuse any other subject matter it deems inappropriate.
Domenetworx agrees to provide reasonable technical support by email to Client during Domenetworx’s normal technical support hours. Domenetworx will provide Client support by telephone if Client phones during office hours as indicated on the contact page on the Domenetworx website.
Except as expressly provided in this Agreement, the Services are provided “as is,” and Domenetworx expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Domenetworx will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Domenetworx to a Client will be deemed accepted when delivered.
Domenetworx’s liability hereunder shall not exceed the amount paid by Client to Domenetworx during the three (3) month period before the action arose. Domenetworx shall not be liable for
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
It is important to Domenetworx (Pty)Ltd that all eligible clients are able to access our services. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to our services.
Please ensure you have read and understood our Fair Use Policy, which is important part of our Monthly Payment Terms and Conditions and Other Payments Terms and Conditions.
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