Current Hosting Terms & Conditions as of 2011/02/08

The terms of use below constitute a legal agreement between you (The Customer) and The DG Group Print Solotions cc (the Company). Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company.

A. DOMAIN NAMES

• Domain Name Registration
• The Company will register or renew any domain name on behalf of the Customer with a registrar selected by the Company.
• Customer's rights to any domain name registration or renewal are not granted by the Company, but are granted by ICANN, the registrar and the applicable laws.
• Each domain ordered by the customer is registered on the name of the Customer and the Customer personal details are used for its registration.
• Each customer can manage his/her domain registered or transferred to the Company.
• The Customer can transfer the domain name registered by the Company to another domain name registrar at any time, provided all fees due to the Company are paid.
• Domain Name Transfer
• The Customer can transfer a domain name to the Company.
• The domain transfer is possible only if the Customer ensures that:
• The domain name to be transferred is not in 'locked' Status.
• The Customer has access to the administrative contact email for the domain.
• The Customer can provide the Company with the domain EPP key code, applying to domains for which there is such a code.
• There are more than 15 days till the domain name expiration date.
• The domain name was registered for the first time more than 60 days ago.
• The domain name has extension that the Company is able to register.
• For .co.za domains, the customer has informed their previous registrar that they will be transferring their domain and that the previous registrar should accept the transfer ticket.
• The Company charges the appropriate fee for the domain transfer, depending on the domain name extension.
• The fee is one-time and is non-refundable.
• The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above.
• Renewal fee for any transferred domain converted is due at the end of the registration period for the Domain Name.
• Domain Name Renewal
• Domain name renewal fees are due at the end of the registration period for the domain name.
• If auto-renewal is selected in the domain name management section at the Company website, the company will automatically renew the domain on the customer's behalf.
• If the customer fails to renew a domain name, the domain name is suspended at the end of the registration period.
• During the suspension period, the customer may still renew the domain, however an additional fee will be payable, and is determined on the basis of the domain name extension.
• After the suspension period has lapsed, the domain name becomes available for registration in the public domain name pool.

B. SERVICE UTILISATION POLICY

• Use of Account Resources
• The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance.
• Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc.
• Customer's use of traffic (bandwidth)
• Customer's account monthly traffic is limited in accordance with the Customer's hosting plan.
• If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month.
• No traffic can be transferred from month to month.
• Customer's use of disk space
• Customer's account disk space is limited in accordance with the Customer's hosting plan.
• Customer's use of parked domains
• The Parked domain feature allows the Customer to have more than one domain name pointing at the same content as the primary domain of the account.
• The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way.
• Customer's use of email service
• Each Customer's account is allowed to send a maximum of 400 emails per hour.
• Any account that exceeds the limitation of 400 emails per hour is endangering the overall server performance.
• Each email sent by the Customer should have NO more than 20 recipients.
• Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
• The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 100MB.
• Any use of IMAP with a bigger mailbox is endangering the overall server performance.
• The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 350MB.
• Any use of POP3 with a bigger mailbox is endangering the overall server performance.
• The Company allows up to 100 checks per hour for a POP3 mailbox.
• Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.
• Customer's use of Database Resources
• Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance.
• A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance.
• The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
• Customer's Use of Shared Server CPU
• The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds.
• Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
• Customer use of Server Memory
• The Customer account should NOT use more than 65MB of the server memory resources at any given time.
• Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
• Other Customer's account limitations
• The limitations listed below apply to each Customer's account and failure by the Customer to comply with them will endanger the overall server performance:
• No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
• No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
• No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.
• Breach of the above terms
• Failure by the Customer to maintain his/her account in full compliance with the terms above may result in a warning, suspension or immediate account termination with no refund.
• The Company has the right to decide what constitutes a violation of the terms above.
• In rare cases The Company may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use.
• This is done only if the Company decides that there is enough evidence that the violation will not be repeated and after a payment of a re-activation fee.
• The company reserves the right to terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases.
• Linux Shared Hosting Servers Configuration
• The Company configures the Linux Shared Hosting servers based on its best knowledge for optimal server performance.
• The Company can also make changes at the server configuration at any time without prior warning to the customer.
• This is done in good faith for achieving better server performance.
• The customer agrees that s/he will not be able to perform any activity from his/her account, which will be in conflict with the server configuration; as such activities are endangering the quality of the overall server performance.
• Customer's Responsibilities related to his/her Account Confidentiality and Integrity
• The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.
• The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account.
• The Company cannot and will not be liable for any loss or damage arising from security breached in any such software and application.
• The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session.
• The Customer is fully responsible for all activities that are performed through his/her account.
• The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund.
• The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.
• Customer's Responsibilities Related to Actions that Cause Harm to The Company
• The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers.
• Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc.
• Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund.
• The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.
• Customer's Responsibilities related to his/her account content performance
• The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer.
• Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software.
• The specifications of the hardware and software are described in the Control panel (CPanel) for each account.
• It is the Customer's responsibility to keep his/her content compatible at all times.
• The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.
• Acceptable Use Policy
• Breach of Acceptable Use Policy
• Customer should use all services provided by the Company for lawful purposes only.
• Customer agrees to maintain his/her website in full compliance with the terms listed below.
• If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate deletion, from the Customer's account without prior warning.
• Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund.
• The Company has the right to decide what constitutes a violation of the terms below.
• In rare cases the Company may be able to re-activate a Customer's account that has been suspended for violation of acceptable use policy only if the Company decides that there is enough evidence that the abuse will not be repeated and after a payment of a re-activation fee.
• By using any Services, provided by the Company:
• You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• You agree not to transmit any unsolicited commercial or bulk email.
• You will not engage in any activity known or considered to be spamming or Mail Bombing.
• You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.
• You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company.
• You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
• You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
• You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
• You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:
• infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
• are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
• contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
• contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
• contain any kind of proxy server or other traffic relaying programs.
• promote Money Making Schemes, Multi-level Marketing or similar activities.
• contain Torrent trackers, Torrent Portals or similar software.
• Email and Anti-spam Policy
• The Customer is prohibited from:
• sending unsolicited bulk messages over the internet;
• creating websites intended or likely to promote the Customer's affiliated websites or to increase the ranking of any associated sites in the search engines;
• sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.
• Bulk Email
• The Customer must comply with all relevant regulations and legislation on bulk and commercial email.
• The Customer is prohibited from sending mass unsolicited email messages.
• All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the Customer will be considered as unsolicited email messages.
• Customers using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to the Company.
• In the event that the Customer cannot provide actual and verifiable proof of such consents and opt-ins, the Company will consider the mass mailing to be unsolicited.
• Mailing Lists
• The Customer is prohibited from using and operating any mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has voluntarily revealed their e-mail addresses to the Customer for distribution of information.
• Customers who operate mailing lists must at all times maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and upon request provide said records to the Company.
• In the event that the Customer cannot provide actual and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, the list mailing will be considered to be unsolicited.
• All Customer-maintained mailing lists must also allow for any party on the said list to remove itself automatically and permanently.
• The Company prohibits the following activities listed without limitation hereunder:
• Usage of the Company's network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e.“spoofing”).
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
• Block Removal
• In the event that any Customer's actions result in placing the Company's mail servers or IP address ranges on black hole lists or any other mail filtering software systems, the Customer shall be charged upfront with a block removal fee and thereafter for every hour of necessary remedial actions.

C. RESELLER HOSTING

• Client Responsibility
• Resellers are responsible for supporting their clients; the Company does not provide support to our Reseller's Clients.
• If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client.
• All support requests must be made by the reseller on their clients' behalf for security purposes.
• Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'.
• The Company will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service.
• Billing
• The Reseller is responsible for billing and collecting funds from the reseller's clients.
• The Reseller agrees to pay fees due for reseller accounts in all cases, without delay, even if payment has not been received from the reseller's own clients.
• Overselling
• Resellers do not have restrictions on the number of domain hosting accounts that they can create since space and bandwidth calculations are based on actual usage rather than on the amount of resources allocated to individual domain hosting accounts.
• However, resellers must be extremely careful when calculating space and bandwidth usage; overselling too much space and/or bandwidth by allocating more resources than those available can create serious problems that can only be corrected by either upgrading the main reseller account or by removing sub-accounts.
• Violation of Terms by Third Parties
• Actual or attempted violations of these Terms of Service by a reseller's client shall be considered violations of the terms of service regardless of intention and will be acted upon accordingly.
• Reseller's clients have to abide by the Terms of Service as resellers do, and the company has the right to cancel any reseller accounts, in addition, if you abuse the company services.
• Furthermore cancellation/suspension/termination of a reseller account also includes the reseller's clients' accounts.

D. TECHNICAL SUPPORT

• General
• The Company provides Technical Support for the Customer for hosting related issues only.
• The Company has the right to decide what a hosting related issue is and to charge additionally or refuse support for non-hosting related issues
• Any fees paid by the Customer for providing non-hosting related support are non-refundable.
• Requesting Technical Support
• The Customer can request technical support only by opening a ticket trough the HelpDesk system located in the ClientArea.
• The Company will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system.
• The Customer is solely responsible to use the appropriate Helpdesk category when posting a ticket.
• The Company will have no liability to respond to tickets opened in inappropriate categories.
• The Customer acknowledges that by asking our technical representatives for technical assistance, he/she authorizes their intervention and operation in The Customer's hosting account, cPanel and/or ClientArea.
• The Customer must provide the Company with all information and access to facilities that the Company may reasonably require to provide the requested Technical Support.
• The Company cannot and will not be liable for any delays or increased costs or expenses associated with The Customer's failure to provide any of such information.
• Provision of Technical Support
• The Company will act in good faith to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by the Customer.
• However, the Company has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.
• The Company provides technical support in best interest of The Customer and cannot guarantee the successful outcome or result of any operation.
• The Customer agrees to accept technical support upon his/her sole own discretion and responsibility.
• The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with the Company's provision of Technical Support requested by The Customer.
• The Customer is solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by the Company.
• In the event The Customer is not satisfied with the outcome of any technical action he/she shall be solely responsible for restoring the back-up copies of his/her hosting account and uploading his/her website.
• Abuse of the HelpDesk system
• The Customer should not abuse the HelpDesk system.
• Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single customer, aggressive and/or harassing behavior, providing access to a the Customer's customer to the HelpDesk system, repetitive use of inappropriate categories for posting a ticket.
• Any support requested for third-party scripts or products, including, but not limited to, installation, configuration, troubleshooting will be charged for.
• Any abuse of the HelpDesk system may result in extra charges, warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund.
• The Company has the sole right to decide what constitutes abuse of the HelpDesk system.

E. BILLING POLICY

• Currency
• If the Customer resides within South Africa, products and services will be billed in South African Rands.
• If the Customer resides in any country other than South Africa, the Customer may choose to be billed in Euros, United States Dollars, United Kingdom Pounds.
• The Company reserves the right to amend the currency on the Customer's profile without informing the Customer.
• The Company further reserves the right to bill the Customer in the original currency for a service rendered by a third-party.
• Credit Card Payments
• If the Customer chooses to pay using a Credit Card, the customer is responsible to submit a Credit Card Agreement within 7 days of receipt of the request from the Company.
• Fraud and Related Processes
• The Company reserves the right to suspend accounts that have been flagged as potentially fraudulent by the Company Fraud Monitoring system.
• The Customer gives the Company permission to perform background checks on all information supplied by the Customer during the order process.
• If a charge-back occurs, the company will immediately terminate the service and products provided to the Customer.
• Cancellation/Refunds
• Cancellation within the first 7 days of service
• If you are not completely satisfied with our Webhosting services, and you notify The DG Group Print Solutions in writing via fax at +27 (086) 6142542 or email at info@dgprint.co.za, within the first 7 days of your service period that you wish to cancel, you will be given a refund.
• If a refund is due, you will be notified by e-mail; it can take up to 30 days after cancellation of your contract to receive your refund.
• If you have not received your refund after 30 days, please open a ticket with the Sales Division via the ClientArea.
• Non-refundable services and products
• Setup fees.
• Fees for domain name registrations.
• Fees charged for exceeding allotted disk storage space or bandwidth.
• SSL certificate fees.
• Web design fees.
• Web site marketing fees.
• Any add-on services, features, software.
• Any other fees for services involving a third party.
• Cancellation Requests
• Cancellation requests after the initial 7 days of the service period must be effected via the ClientArea by clicking the Cancellation link; no other form of cancellation request will be honoured.
• If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation becomes effective it will not be refunded.
• The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request.
• The customer forfeits all payments made to the company and has no claim at a later stage.
• Service Cancellation by The Company
• The Company may cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable.
• The Company may also cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use.
• Requests to Cancel Renewals
• You must notify The DG Group Print Solutions one month prior to the Renewal Date on your contract if you wish to cancel an account.
• Hosting Account Expiration
• Each Customer's account might be suspended on the expiration date if no renewal payment is received by the Company before this date.
• A copy of the expired account will be kept by The Company for a maximum of 7 business days after the expiration date.
• Each expired account will be terminated and deleted if more than 7 business days have passed after the expiration date and no renewal payment is made by the Customer.
• The Company cannot be held liable for loss of data due to account suspension or termination after the expiration date.
• No Transfer of Funds Between Accounts
• The DG Group Print Solutions does not transfer funds from one account to another for any reason.
• Contact and Billing Information
• It is your responsibility to keep valid contact and billing information on your account. The DG Group Print Solutions will continue to send information regarding your account in accordance with the contact information you have provided in your Control Panel.
• Balance Due
• Please be advised that the cancellation of an account does not release you from financial responsibility. If your account has a past due balance and you are not eligible for a refund, The DG Group Print Solutions will continue collection efforts.
• Services Ownership
• The person/organization, whose information is displayed in the customer account held by the Company, which is accessible and modifiable by logging in at the Company's website, is considered by the Company as the owner of the service.
• Initially this information is automatically filled by the Company using the information provided during the order process on the order page.
• If there is both an Organization and a person pointed out as owners, the priority is given to the organization.
• The change of ownership can be done at any time by changing the information filled in the Customer area by the current owner.
• The owner is solely responsible for any change to this section.
• The Company will contact the Owner in any event connected with the ordered service.
• The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service.
• This person/organization, who pays for the ordered service is considered the payer of the service and is NOT considered as owner of the service unless one of the following is true::
• The Owner is the same as the Payer
• The Owner has contacted the Company and agreed that the ownership is transferred to the Payer.
• In case the owner is different from payer, the Owner is obliged to inform the Payer about the Company ownership policy.
• Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above.
• Ownership of Products/Services in the Event of Non-payment
• All products/services remain the property of the Company until full payment is received for them.
• In the case of non-payment, ownership details of Domain Names will be changed with appropriate registrars to reflect the name of the Company.
• If, at any future stage, the Customer decides to make use of the Domain Name, and the domain is still registered by the Company, there will be a charge to transfer ownership back to the Customer.

F. INTERRUPTIONS OF SERVICE

• For annual downtime of more than 0.1% on the server(s), where the Customer's website is hosted, the Customer will receive compensation if all the conditions below are met:
• The Customer has used the Company hosting service for at least 12 months.
• The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
• The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, and force majeur events like fire, flood, other natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
• The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
• The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.
• The uptime of the server is determined as the uptime reported by the operating system and the Company shared server monitoring system.
• Third party monitoring reports may not be used for justification for a variety of reasons, including but not limited to the network capacity and transit ability of the source.
• All credit requests must be sent with justification through email addressed to info@dgprint.co.za.

G. BACKUP POLICY

• The Company act in good faith to create a backup copy of each Customer's account daily.
• However, these copies are intended for the Company internal use only.
• The Customer is solely responsible for making backup copies of his/her web site and content.
• The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.
• The Company is not responsible for files and/or data residing on the Customer's account.
• Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by The Company.
• At the Company's sole discretion the following file types may be excluded from the back up: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip; and any other file type, which the Company considers as not suitable for backup.
• The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.

H. COMMUNICATION

• The Company may be reached via post at PO Box 79663, Senderwood, 2145, South Africa, telephonically at +27 (011) 616-6086 or 0861-HOSTME (467-863) within South Africa.

I. INDEMNIFICATION

• Customer agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against The Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
• Customer agrees to defend, indemnify and hold harmless The Company against liabilities arising out of
• Any injury to person or property caused by any products sold or otherwise distributed in connection with The Company.
• Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
• Copyright infringement.
• Any defective products sold to customers from The Company's server.
• Provision of service or products to a reseller's clients
• If legal action is brought against the Company because of a Customer's/Reseller's or a customer of a Customer's activity, Customer/Reseller will pay any damages awarded against the Company, plus all costs and attorney's fees.
• Loss of Email Messages
• The Company cannot be liable for loss of emails, which are not sent to an existing mailbox at the Customer's domain.
• Due to our SPAM protection policy, the Company is not always able to notify the sender of the email that such a mailbox does not exist.

J. CHOICE OF ARBITRATOR

• The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company's choice.
• All decisions rendered by that arbitrator will be binding and final.

 

 K. FORCE MAJEURE

• The Company shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of The Company.

 

 L. DISCLAIMER

• The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company's host computers, network hubs and points of presence on the Internet
• The Company cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by the Company.
• The Company Services are provided on an as is, as available basis and are used on the Customer's own risk.
• No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose.
• The Company makes no warranties that its services will not be interrupted or will be error free.
• The Company does not guarantee that any specific results can be obtained by using its services.
• No kind of advice or information, written or oral, given by a Company's employee, owner or agent can be viewed as a warranty of any kind.
• The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.
• The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company's Terms could result in a warning, suspension, or account termination.
• In case of any lawsuit against The Company, resulting from a Customer's violation of law or the above Terms of Use the Customer will pay all damages, as well as attorney fees.
• The terms of the Disclaimer section shall survive any termination of this agreement.

M. OTHER POLICIES

• This policy is executed in combination with the Company's other policies, including but not limited to
• Privacy Policy
• Promotion of Access to Information Policy
• The Customer must agree to abide by this policy as well as the abovementioned policies, to make use of the Company's services.
• Acceptance of this policy automatically indicates acceptance of the abovementioned policies.

N. TERMS OF SERVICE CHANGE

• The Company reserves the right to revise, amend, or modify the Terms of Service and its other policies and agreements at any time and in any manner.
• Any such modification shall be immediately effective.
• The Customer agrees to regularly review the Company Terms of Service and be aware of the changes made.
• By continuing to use the Company services after a revision has been posted, the Customer agrees to abide by them.