ASTsolutions Internet Terms & Conditions
(Last updated: 31 May 2011)
1. Interpretation and Definitions
1.1 Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Internet Terms, bear the same meaning as defined in the General Terms.
1.2 Unless the context clearly indicates to the contrary, the following words will have these meanings:
1.2.1
"Abusive Content" means content that 
considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hatespeech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether the content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
1.2.2 "Domain Name/s" means the domain name or names that is/are the subject of the Domain Services;
1.2.3
"Domain Services" means the Services renders to the Customer in respect of the Domain Name/s as set out in these Special Terms;
1.2.4
"Email" means the Services renders to the Customer of
to the Customer on 's systems, which includes an email address or aliases to the email address from time to time and (ii) best endeavours virus protection and filtering for unsolicited commercial email (SPAM);
1.2.5 "General Terms" means the general terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms;
1.2.6
"Harmful Code" means any computer code that:
(ii) would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
(iii) would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); or
(iv) any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
1.2.7 “Illegal Content” means content in violation of any law;
1.2.8
"Location" means the Data Centres situated in George, Port Elizabeth, Cape Town & Johannesburg or any other address indicated by from time to time;
1.2.9
"Misrepresentation" by a Customer includes
(ii) impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose,
(iii) altering the content of communications received by you and thereafter forwarding it to others without indicating the nature of the alterations, or
(iv) forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" or any other software or hardware methods used to disguise or misrepresent your own IP address;
1.2.10 "Registrar" means the entities referred to in clause 5, any replacement, or any other entity who attends to the administration of Domain Names;
1.2.11 "Server" means the computer hardware, machinery, and equipment on which the software operates;
1.2.12
"Server Hosting" means the Services that renders to the Customer;
1.2.13
"Software" means the operating system and applications provided by ;
1.2.14
"System Abuse" means any conduct that does or may:
(ii) interfere with any other person's use of, or
(iii) compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere")
's or any other person's software, hardware, systems, networks, or the Server.2. Undertakings and Acknowledgements
2.1
undertakes to use its reasonable endeavours to provide the Services to the Customer on a continuous basis and for the duration of the Customer's agreement with .
2.2
Although uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error free, secure, up to date, and reliable, the Services are rendered "as is" and "as available" and is used at the Customer's own discretion and risk.
3. Internet usage terms
Content
3.1
does not monitor any content. In some instances, a case is made by the owner of the content rights against an end user for downloading content illegally. In these instances will send you an email outlining the content. We reserve the right to suspend any account without any credit pending outcome of such a case.
Unlawful Use
3.2
services may only be used for lawful purposes and activities. We prohibit any use of our 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:
3.2.1 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.
3.2.2 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.
3.2.3
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
3.2.4 Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent.
3.2.5
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 on behalf of another subscriber without their consent.
3.2.6 Any violation of the exchange control laws of the Republic.
3.2.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.
3.2.8
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. 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, will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using 's resources, including the provisioning of all personal identifiable data.
Threats to Network Security
3.3
Any activity which threatens the functioning, security and/or integrity of network is unacceptable.
This includes:
3.3.1
Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by for this goal;
3.3.2
Any effort to use equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
3.3.3 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
3.3.4 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;
3.3.5
Any activity which threatens to disrupt the service offered by through "denial of service attacks", flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
3.3.6 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, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
3.3.7
Any unauthorised monitoring of data or traffic on the network without explicit, written consent.
3.3.8 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.
Public Space and Third Party Content and sites
3.4
In reading this AUP or in signing a service contract with , you acknowledge that has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that 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 and in such cases, 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 network websites and web pages or sites displayed as search results or contained within a directory of links on the 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.
employees do not moderate any of these 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.
Usenet Newsgroups
3.5
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.
does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by in respect to usenet services is merely a convenience to customers to make the use of the service more convenient. accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.
The following are prohibited practices with regard to Usenet newsgroups and reserves the right to delete and/or cancel posts which violate the following conditions:
3.5.1 Excessive cross-posting of the same article to multiple newsgroups.
3.5.2 Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
3.5.3 Posting binaries to a non-binary newsgroup.
3.5.4 Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
3.6
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. will take swift and firm action against any user engaging in any of the following unacceptable practices:
3.6.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
3.6.2 Operating or maintaining mailing lists without the express permission of all recipients listed;
3.6.3 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
3.6.4
Using ‘s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
3.6.5
Including ‘s name in the header or by listing an IP address that belongs to in any unsolicited email sent through ‘s network or not;
3.6.6
Failure to secure a customer‘s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. also reserves the right to examine the mail servers of any users using ‘s mail servers for "smarthosting" (when the user relays its mail via a mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with 's privacy policy.
Spam/Virus Filtering
3.7
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 shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail
3.8
Webmail and other web based email services made available by are provided on an "as is" basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that 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 . 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.
Protection of Minors
3.9
prohibits customers from using ‘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.
Privacy and Confidentiality
3.10
respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.
User Responsibilities
3.11
Customers are responsible for any misuse of Company‘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 ‘s service.
3.12
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 cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
3.13
Where the customer has authorised a minor to use any of the ‘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.
3.14
cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the network. Further, assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer‘s.
Notice and Take-down Procedures
3.15
confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) 's designated agent for this process can be reached at (011) 318 1406 or at: takedown@ispa.org.za. The notice and take-down procedure can be viewed at www.ispa.org.za/code.
3.16 Customers are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
Complaints and procedures
3.17
It is the customer‘s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to ‘s designated complaints handling agent.
3.18
Please note that cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.
3.19
In order for to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
3.19.1 the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
3.19.2 any contact details for the source of the complaint;
3.19.3 A brief explanation why the incident is considered to be an offence.
3.20
discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Action following breach of the AUP
3.21
Upon receipt of a complaint, or having become aware of an incident, may take any of the following steps:
3.21.1 In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
3.21.2 In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
3.21.3 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;
3.21.4 In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
3.21.5 Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
3.21.6 Institute civil or criminal proceedings;
3.21.7 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
Reservation and Non Waiver of Rights
3.22
reserves the right to amend or alter this policy at any time, and without notice to you.
3.23
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.
3.24
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.
3.25
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.
3.26
reserves the right to suspend, revoke or cancel ‘s services to the customer/user if the safety and integrity of ‘s resources are placed at risk in continuing to provide service to the subscriber/user.
3.27
reserves the right to remove any information or materials in whole or in part, that, in ‘s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
3.28
does not undertake to guarantee the security of any data passing through its networks. Although 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 cannot be held liable for any loss or damage arising as result of the failure to do so.
3.29
does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should fail, neglect or elect not to enforce a breach of the AUP at any time.
Uncapped Accounts
3.30 The justSurf / yourSurf uncapped account is for web-based email and browsing. It is not suitable for application-to-application and/or application-to-server services and downloading is restricted.
3.31 The justUncapped / Uncapped account is governed by a priority system (like a hotel grading star rating). Internet Solutions will calculate your usage (not inspect your traffic!) on an hourly basis against the average usage across all Uncapped users. If you fall within the top 20% of users (384k, 512k & 1024k accounts) or top 50% (4096k account), your traffic priority will be lessened by lowering your star rating on the network, meaning that a user with a higher star rating will have a better experience than you. If there's no congestion (mostly after hours), even a 1-star account can have a good experience. This is because the network is designed to make all available bandwidth accessible to its users.
3.32 The justSurf / yourSurf uncapped account is for web-based email and browsing. It is not suitable for application-to-application and/or application-to-server services and downloading is restricted.
3.33 justUncapped Express+ / ADSL Uncapped Fibre
Daytime Policy There's a usage threshold (as described below). Should a product threshold be exceeded during any 10 consecutive calendar day period, the speed for the respective service will be halved between 08:00 and 20:00 during weekdays.
| Connection Speed | 10 Day Rolling Window | Lowered to |
|---|---|---|
| 384Kbps [192Kbps upload] | 5GB | 192kbps |
| 512kbps [256Kbps upload] | 10GB | 256kbps |
| 1024kbps [384Kbps upload] | 20GB | 512kbps |
After Hours Policy Between 8pm and 8am the account speed will be restored to full line speed up to 10Mb/s (not account speed). This account is governed by a priority system (like a hotel grading star rating). Internet Solutions will calculate your usage (not inspect your traffic!) on an hourly basis against the average usage across all Uncapped users. If you fall within the top 20% of users, your traffic priority will be lessened by lowering the star rating on the network, meaning that a user with a higher star rating will have a better experience than you. If there's no congestion (mostly after hours), even a 1-star account can have a good experience. This is because the network is designed to make all available bandwidth accessible to its users.
4. Email terms
4.1
will provide the following email related Services for Customers selecting shared web hosting only:
4.1.1 Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (e.g. SpamAssassin which is the most widely used open source filtering software);
4.1.2 Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (e.g. Clam that is a very popular open source solution).
4.1.3 An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
4.1.4 A POP3 (post office protocol) server for the downloading of incoming mail.
4.2
will endeavour to make the Customer's email environment secure and reliable.
4.3
will
(ii) not be held responsible should there be any incompatibility between the
Systems and any other third party application.
4.4
The Customer will not use the Email Service to:
(ii) send messages causing annoyance, inconvenience, or anxiety to other users of the Internet,
(iii) send messages for the purposes of fraud or with the intention of committing a criminal offence; or
(iv) use the Email Service in a way that breaches the Acceptable Use Policy.
4.5
may prevent the sending of bulk unsolicited Email, to or from a Server where (i) identifies a Server that has an open mail relay, (ii) a significant volume of Email is sent from a Domain in a defined time scale; and (iii) has received a complaint concerning unsolicited Email originating from a hosted Domain.
4.6
may disable a Domain held on 's Servers to prevent 's IP addresses being blocked by IP address blocking technologies or services, where has any complaints concerning unsolicited Email originating from or unsolicited Email being sent to promote sites being hosted on a Server. The Customer of the offending Domain will be obliged to pay any third party costs required to unblock 's IP address. Refusal to do so may result in termination of 's hosting services.
5. Domain Names terms
Registration
5.1
All Domain Names registered by on behalf of the Customer within the .ZA domain name space, or registered by the Customer directly or through third parties are subject to the terms of the relevant domain name Registrar that may be amended from time to time. utilises the Services of various Registrars to register generic Top Level Domains (gTLDs such as .COM and .ORG) as well as names in non-South African country code Top Level Domains (ccTLDs such as .uk and .eu), which registration is subject to the terms of the relevant Registrar or registry, as amended from time to time. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant Registrar operator who allocates and governs the Domain Name. cannot guarantee the registration of any Domain Name selected by the Customer. Registrars used by may change or be replaced from time to time.
5.2
will use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. will insert its details as the billing and technical contact of the relevant Domain Name/s, unless the Customer registers the domain itself or manages the domain record with the Registrar directly.
5.3
No Domain Name will become the property of and will not insert its details as the registrant of any Domain Name.
5.4
The Customer will pay (in addition to any Service Fees) all reasonable expenses or charges relating to the registration, transfer, or renewal of a Domain Name. will, as part of the Domain Services, host the Domain Name.
5.5
The Customer warrants in favour of that:
i. it is the lawful registrant of the Domain Name/s or it has the consent of the registrant to use the Domain Name/s or it is not prohibited by law or otherwise from registering the Domain Name/s; and
ii. in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to the Domain Name or to any word or name forming a constituent part of the Domain Name/s.
5.6
has no interest in the Domain Name/s and nothing that does in the performance of its obligations under the Domain Services will be construed as an assumption of responsibility or liability by for attending to the Domain Services.
5.7
does not guarantee that the Domain Name/s requested by the Customer is/are available for registration or that the use of the Domain Name/s will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through or directly with a Registrar. will not be held responsible if the Customer registers a domain through , and provides incomplete or inaccurate information that will lead to a delay in the registration process, and the domain is subsequently taken by someone else.
5.8
is not a Domain Name provider, but merely a third party agent acting on the Customer's instructions, to the extent that those instructions are possible and lawful.
5.9 The registration of the Domain Name/s and its/their future availability and use are subject to the terms of use of the relevant Domain Name Registrar
5.10
charges an additional fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Name/s on behalf of the Customer.
5.11 Any Service Fees incurred in the process of applying for, renewal of, or maintenance of registration of the Domain Name/s will be borne exclusively by the Customer and are not refundable.
5.12
Any Internet Protocol (IP) address allocated by to the Customer, will at all times remain the sole property of who grants the Customer a non-exclusive, non-transferable licence to use the Internet Protocol address for the duration of the Hosting Terms.
5.13
Without limiting the generality of the Hosting Terms, the Customer indemnifies and holds it harmless against any liability or claim made by any person for any loss or damages suffered or arising directly or indirectly from the use, display, or publication of the Domain Name/s.
Changes to the Domain Name
5.14.
may not cancel, transfer, or change the Domain Name/s, including transferring registration of the Domain Name/s from the registered holder to another person or entity, without being in receipt of:
5.14.1 written instructions from the Customer or its authorised agent to take action;
5.14.2 written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;
5.14.3 a written and valid resolution of the members/shareholders/trustees of a close corporation/company/trust authorising the transfer of the domain name from the close corporation/company/trust to the new registrant;
5.14.4 a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner;
5.14.5 a letter from the executor where the registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
5.14.6 an order of Court in relation to any of 5.10.1 to 5.10.5; or
5.14.7 being in receipt of an order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding to which the Customer is a party and which was conducted under the Uniform Dispute Resolution Policy adopted by ICANN, the Alternate Dispute Resolution Regulations applicable in South Africa or any similar proceedings in any other ccTLD or gTLD (see clause below).
Domain name renewal
5.15
Within 30 days prior to the renewal date of a .co.za domain name and within 60 days prior to the renewal date of all other domain names, will submit a renewal reminder to the Customer via email. Should the Customer not want to renew the domain name, the Customer must give notice by clicking on the link provided in the renewal reminder e-mail and this will automatically instruct not to renew the domain name. Such notice must be given at least 3 Business Days prior to the renewal date in the case of .co.za domain names and 33 Business Days prior to the renewal date in the case of all other domain names. Should the Customer not give notice as aforesaid, the domain name will automatically be renewed and a renewal fee will be added to the Customer’s invoice.
Default in respect of the Domain Service
5.16
If a Customer fails to pay any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, may, in its sole and absolute discretion:
(ii) procure or allow the suspension, termination, or deletion of the Domain Name; or
(iii) transfer the Domain Name.
Termination of the Domain Service
5.17
If the Domain Service is terminated for any reason, may, without incurring any liability or limiting the generality of the Hosting Terms, notify the relevant Registrar or registry of the termination and to instruct the Registrar or registry to remove or any of its systems as the host of the Domain Name/s even if no replacement is available.
5.18
In the event that any of the Registrars or registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which depends for the provision of the Domain Service to the Customer, will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that is unable to ensure the continuance under any circumstances, will not be liable to the Customer or any other third party for any loss or damages (as contemplated in the Hosting Terms) incurred by the Customer or by any third party arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
5.19 Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs, the Alternate Dispute Resolution Regulations applicable in South Africa and similar proceedings in other ccTLDs. These mechanisms allow for the resolution of disputes concerning the registration or use of a domain name.
5.20 Disputes between the Customer and any third party regarding the registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
5.21
will not participate in any way in any dispute between the Customer and any third party. If the Customer involves in any dispute, the Customer indemnifies . The Customer will be responsible for all legal costs incurred by on the attorney and own client scale.
6. Accounting
6.1
accounting cycle:
(ii) Accounts not settled by the 10th of the following month will be suspended until payment is received.
(iii) Suspension does not excuse the Customer from payment regardless if suspension for more than a month.
6.2
debit orders:
(ii) All failed debit orders will carry a penalty of R50.00 which will be levied against your account.
(iii) If your debit order fails, your service(s) will be disabled immediately and you will be required to pay your arrears plus the R50.00 debit order penalty before your service is activated. (iv) Your debit order is on an automated process and cannot be stopped after the 22nd of each month. Please note that if you are cancelling your service(s) with
, you need to cancel via your control panel by the 22nd of the month. Failure to do so will result in the product being activated and the monthly subscription being debited from your bank account.
(v) If you cancel on or after the 23rd of the month, cancellation of the service will be actioned for the end of the following month.
6.3 Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.
7. Other Services
offers third party services from time to time. While makes every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of Customers, does not control and is not responsible for those services and the Customer accordingly uses those third party services at its own risk. Under no circumstances whatsoever shall be liable for any loss or damage suffered by the Customer as a result of its use of such third party services including any interruption or unavailability of such third party services. accordingly disclaims all liability arising from the Customer’s use of such third party services.