SHARED WEB HOSTING - TERMS & CONDITIONS

DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these Service Terms:
  1. "Helm" means Parallels, IP Holdings, and includes its authorised partners and/or distributers;
  2. "Helm Software" means the Helm 4 control panel software program(s) supplied by Parallels and corresponding documentation, source code, object code, updates, user interfaces (including without limitation any web-based interfaces), printed materials and online or electronic documentation, excluding any third party components, used to provide the Web Application Service;
  3. Customer Software" means any software, application (including Web Applications) and/or component required and loaded by you or loaded on your behalf for your Website and/or database or for end user Equipment or distributed to you in any manner for purposes of using any part of the Services or any Functionality thereof, but excludes low level Server software installed by HostworX on its Servers;
  4. "Customer's Website" or "your Website" means either your Website linked to the Shared Webhosting, which website you may create, build and publish, by you using the Web Applications or the Online Tool, or, in the case of you using the Demo Service, it means the demo website you may create or build and which may not be linked to the Shared Webhosting;
  5. "Database Hosting" means the services provided as per the selected online application by you, whereby HostworX will host your database;
  6. "Disk Space" means the disk space allocated to Customer on a monthly basis and used for the purposes of hosting Customer's Website and/or database and stored by HostworX on a storage medium which includes without limitation, the computer hard drive;
  7. "Domain Name" means the domain name that is the subject of the Domain Service, as selected by you on the Application Form;
  8. "Domain Service" means the services selected by you in the Application Form under such heading or description;
  9. "FTP" means File Transfer Protocol being a method for sending a file to a location on a network via the internet;
  10. "Functionalities" means any functionalities or features which are or may be incorporated into the Service or any part thereof from time to time;
  11. "Mailbox" means the mailbox services HostworX renders comprising of an e-mail box on HostworX's systems, including an e-mail address;
  12. "Registrar" means the entities referred to in "TERMS SPECIFIC TO DOMAIN" clause 4 below or any replacement thereof and/or any other entity who attends to the administration or registration of domain names;
  13. "Server(s)" means the HostworX file server, including the Licensed Server, used to supply the Services to Customer, including any Software loaded by HostworX on such server that controls basic, low-level server hardware operations and file management without the user thereof having to operate it or application software ("Server Software"), but excludes any Customer Software including as contemplated in "TERMS AND CONDITIONS SPECIFIC TO SHARED WEBHOSTING AND DATABASE HOSTING" clause 6 below;
  14. "the Service(s)" means the services provided under these Terms collectively known as the Hosting Services which shall comprise of
    1. Domain Service;
    2. Mailboxes / Spooling Services;
    3. Shared Web hosting;
    4. Database Hosting and/or
    5. Web Application Service;
  15. "Service Website" means https://www.HostworX.co.za;
  16. "Shared Webhosting" means the services selected by you on the Oline Application Form whereby HostworX will host your Website;
  17. "Software" means all the Software or programs used in relation to the Services, including:
    1. software that provides services or Functionalities on a computer acting as a Server without the user thereof having to operate it;
    2. Customer Software;
    3. Third Party Software;
    4. Web Applications;
  18. "Support Data" means all data collected by us or via Helm 4 in order to provide the Services including support for Web Application Service. Such data may, include
    1. IP addresses
    2. data utilized to prevent and combat various server attacks by hackers or their hardware, including usernames and passwords necessary to login to affected accounts, Hosting or other accounts
    3. information required to resolve incidents and which information, may personally identify you, and
    4. information collected from time to time concerning which features of the Helm 4 Software are most often used in order to improve and make adjustments to the Services;
  19. "Third Party Software" means Software components and/or computer programs or any part thereof, initially developed by third parties and used or modified for use in this Service, including the Online Customer Helm 4 Software, and any other Software offered through the Helm 4 or our Service Website and licensed under the licensing terms of the relevant authors, owners or licensors thereof ("Third Party Proprietors");
  20. "Uncapped Traffic" means the bandwidth utilized for sending and receiving of emails / web traffic utilised in the normal day to day running of a personal / small business website / mail services. It does not include the sending of unsolicited commercial emails and unsolicited bulk emails or bussiness emails where the servers are not intended to support the sustained demand of medium to large enterprises, or non-typical applications better suited to a dedicated server or dedicated service such as bulk mailing platform.
  21. "Web Application(s)" means the scripts and application Software made available to you through Third Party Software including Helm 4 & Microsoft Software to create, build and where applicable publish your Website content, and to manage your Hosting Services;
  22. "Web Application Service" means the template based solution and Web Application(s) and Functionalities made available to you to create, build and where applicable, publish your Website content, and to manage your Website and the Hosting Services;

DURATION AND GENERAL SERVICE TERMS

  1. Termination of any one or more of the individual Services comprising the Hosting Services shall constitute termination of the Hosting Services as a whole and Customer shall not be able to benefit from the discount structure of the Services.
  2. Should the Customer terminate the Services, Customer will have to apply for any of the individual Services again.

PAYMENT

  1. The Customer shall pay HostworX the services fees specified, in the online invoices generated monthly for such services rendered in accordance with the provisions set out in the General Terms.
  2. The Customer shall pay HostworX in addition to any service fees all reasonable expenses and/or charges relating to the registration, transfer or renewal of Domain/s.
  3. HostworX shall, as part of the Domain Service host the Domain/s and HostworX shall be entitled to charge its normal fees related to the hosting of a Domain Name and such fees shall be deemed to be service fees.
  4. All upgrades shall be subject to HostworX approval which shall be communicated by activating the upgrades applied for. It may be effected during a calendar month provided that you will be billed for the full month at the next monthly billing cycle. You may however only downgrade at the end of a calendar month. You shall pay HostworX the service fees specified on the Service Website and/or the Application Form in respect of such upgrades.
  5. HostworX cannot register, transfer or renew a Domain Name without paying the Registrar annually in advance. Accordingly all Domain Service fees shall be billed and payable annually in advance.
  6. In the event of termination of the Services HostworX shall not be liable to refund you any such Domain Service fees and/or with charges already incurred or paid by HostworX in advance to the Registrars and/or upstream service providers.

TERMS SPECIFIC TO DOMAIN

  1. HostworX shall use its reasonable efforts to attend to the registration of Domain Name or, where applicable, the transfer of the hosting of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Service.
  2. Customer authorises HostworX to use any of its particulars it deems fit to effectively manage the registration, transfer, renewal and/or hosting of Domain Name in terms of the Domain Service.
    1. HostworX has no interest in the Domain Name and the Domain Name shall not become the property of HostworX.
    2. Nothing that HostworX does in the performance of its obligations shall be construed as an assumption of responsibility or liability by HostworX for the Domain Name whether or not HostworX had knowledge of Domain Name or not.
  3. Should the Domain Service be terminated for any reason whatsoever HostworX shall, without incurring any liability of whatever nature, be entitled to notify the Registrar of such termination and to instruct such Registrar to remove HostworX and/or any of its systems as the host of such Domain Name even if no replacement is available.
  4. It is recorded that:
    1. All domain names in the .co.za name space or sub-domain ending in .co.za, are administered by Uniforum SA and are subject to the terms and conditions of Uniforum SA as amended from time to time; zaDNA manage the .za domain name space and other domain names ending in .za are currently administered under the .org.za domain, .ac.za domain by Tenet, and .nom.za domain by .nom.za namespace
    2. HostworX utilizes the services of ENOM, to register all international domain names subject to the terms and conditions of ENOM, as amended from time to time;
    3. registration, maintenance or, transfer of a Domain Name is subject to the terms and conditions of the Registrars which allocate and govern such Domain Name, and HostworX cannot guarantee the registration of Domain Name(s) selected by Customer;
    4. Registrars may change or be replaced from time to time; and
    5. HostworX may change its registration provider from time to time on written notice to Customer;
    6. All Registrars' terms and conditions, mentioned above, are binding upon Customer by reason of Customer's acceptance of these Terms.
  5. We do not do pre-registration searches and you are liable and responsible for the Domain Name and it is your responsibility to ensure that your use and registration of a Domain Name does not infringe any third party Intellectual Property Rights. As such you warrant that:

    1. you are the lawfully entitled owner of Domain Name(s) or have the consent of the owner to use such Domain Name(s); and
    2. in using Domain Name(s) you are not violating any Intellectual Property Rights of whatever nature of any third party who may lawfully claim title of whatever nature to such Domain Name. You indemnify HostworX against any third party or other claims that may be instituted against HostworX as a result of the breach of such third party's Intellectual Property Rights or breach of any warranty herein.

TERMS AND CONDITIONS SPECIFIC TO SHARED WEBHOSTING AND DATABASE HOSTING

  1. Due to the nature of a shared web hosting environment, HostworX reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers
  2. HostworX shall provide the customer with the bandwidth & disk Space as specified in the specific hosting package applied for, more fully described in the Online Form in order to host Customer's Website and/or database, on such platform as selected in the Application Form.
  3. HostworX undertakes to use reasonable endeavours to ensure that Customer's Disk Space is secure to prevent unauthorized access.
  4. In the case of Shared Webhosting, HostworX shall only be obliged to keep the website log files relating to Customer's Website for a period of 3 (three) consecutive months calculated from the date of the first billing month and thereafter, HostworX shall only keep a summary of Customer's Website log files for a period of 1 (one) years. It is therefore Customer's responsibility to query any website log files within a period of 3 (three) consecutive months failing which, Customer will only be provided with a summary of the website log files to clarify and/or respond to any query.
  5. HostworX will, without being under any obligation to do so, maintain, and/or upgrade the Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises HostworX to implement any of the above, as and when it deems fit.
  6. Any Customer Software, application and/or component required and loaded by you or loaded on your behalf for your Website and/or database will be loaded at your sole risk and responsibility.
  7. Notwithstanding the provisions of clause 6 above, HostworX will be entitled, but without having any obligation to do so:
    1. in its own discretion determine which Customer Software may be loaded by Customer on or for Customer's Website and/or the database; and
    2. have the right to:
      1. disallow the installation of any Customer Software required by Customer;
      2. suspend Customer's Website and/or database and/or access to Customer's Website and/or database without notice to Customer should you install any Customer Software which may affect the security or operation of HostworX's Server and network infrastructure; and/or use and/or access to the Service by HostworX's customers.
  8. The licensing of all installed Customer Software, application and/or component contemplated in clauses 6 and 7 shall be your sole responsibility. Without limiting HostworX's rights, any failure to license such Customer Software correctly may result in the termination and/or suspension. HostworX retains the right to carry out routine checks to validate such software license agreements.
  9. You are solely responsible for all the support, maintenance and/or upgrades of Customer Software, installed in terms of clause 6, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. HostworX shall provide you with technical support relating to FTP in the case of Shared Web hosting and database access details consisting of database name, database username and database password in the case of Database Hosting, but in both instances in the form of connectivity checks only.
  10. The Service does not include the development, maintenance and/or FTP or uploading of the Customer's Website and/or database in any way whatsoever.
  11. It shall be your sole responsibility to do back-ups of your content/data hosted in terms of the Service. HostworX shall not be liable for any loss of content or data, whatsoever. HostworX does do daily backups however these are cycled on a 7 day period, and this does not guarantee that we have a valid copy of your data/content after 7 days. should data be corruped or lost and 7 days has passed since the corruption / loss of date, It is then the clients responsibility to provide working backups of the data / content.
  12. In addition to HostworX's Acceptable Use Policy and General Terms and Conditions, the following conditions apply:
    1. Shared Webhosting Servers are designed for hosting of typical website content and to serve the webhosting needs of the normal operation of a personal or small home business website. The Servers are not intended to support the sustained demand of medium to large enterprises, or non-typical applications better suited to a dedicated server.
    2. Disk Space is intended for webfiles, active self need e-mails and content of the hosted websites; not for online file storage or archiving electronic files, documents, log files, etc (whether of media, e-mails, or other data), backups, other non-web based content or FTP hosts, all of which is prohibited.
    3. All downloadable files or files stored on the Server must be directly related to the general nature of your Website index. All files on a Domain must be part of your active Website and linked to the site.
    4. All password protected archive (e.g. zip and rar) files are unacceptable.
    5. Shared Webhosting and database Disk Space are intended to accommodate the files necessary for publishing a website. Storage, exchange and download of additional files within Customer's webhosting space, in a peer-to-peer arrangement or for any other purpose, are prohibited.
    6. Uncapped Traffic is limited to the serving the webhosting needs of the normal operation of a personal or small home business website. Audio and video streaming is limited directly to the specific websites content.
    7. HostworX's "unlimited" features on shared web hosting service is not intended to allow a single or few subscribers to unfairly or adversely impact the hosting experience of other subscribers.
    8. To ensure service levels within the Shared Hosting platform. HostworX utilises various methods to protect its subscribers and associated systems from abuse which includes, but is not limited to, the following:
      1. Excessive MsSQL/MySql Databases: Services with SQL databases larger than 3GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (i.e. if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation).
      2. Excessive inode count: Services with an inode count in excess of 50 000 may result in adverse effect on server performance and is may be deemed abuse at HostworX's discretion.
      3. Excessive domain, domain alias, subdomain, email and FTP services: HostworX does not set specified limits to the domain, email and FTP services, but at it's sole discretion may suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment.
  13. HostworX, expressly disclaims any direct, indirect, incidental, special, punitive, consequential losses or damages, of whatever nature including which arise or may arise from (a) the Service or the hosting of any content, application and/or data of whatever nature (b) maintenance and/or upgrades contemplated in clause 5 or installation and/or use of any Customer Software or other Software on your Website and/or database contemplated in clause 6. You indemnify HostworX against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (a) to (c) above.

TERMS SPECIFIC TO MAILBOXES & MAIL

  1. You have access to your Mailboxes via either pop/imap/webmail
  2. You can login to the webmail interface from going to http://webmail.yourowndomain (replace youowndomain with your own domain that is registered.)
  3. In order to keep our mail servers efficient, we need to apply the following restrictions to your Mailbox:
    1. time limit: HostworX mail servers will purge any mail in the inbox that is older than 360 (three hundred and sixty) days, Sent Items after 90 (ninety days), Spam folder / Deleted Items after 7 days;
    2. however, you can change this by overiding the folder cleanup rules in the webmail interface and HostworX mail servers will purge your mail according to settings chosen by you;
    3. if you exceed your Mailbox size, no new mail or attachments will be delivered to your Mailbox. You will, however, be able to receive mail again if you either delete mail and/or attachments from your Mailbox or by purchasing additional space;
    4. subject to any other technical limitations, HostworX restricts the size of an individual mail, sent or received, to 18Mb per mail; and
    5. the number of recipients on your mailing list may not exceed 25 (twenty five).
  4. HostworX reserves the right to reduce the size of your Mailbox, should you be in breach of the Agreement
  5. Upon suspension or cancellation of your Mailbox subscription you will lose and HostworX will re-claim your HostworX.co.za Mailbox username and mail address used to login on the Service Website. HostworX may re-issue your username and mail address to a new subscriber 90 (ninety) days after suspension or cancellation of your Mailbox subscription. It is your responsibility to inform everyone so that they do not inadvertently send mail intended for you to the new subscriber. Please note that it is only the email address and not the content of any Mailbox that will be reserved.
  6. Once your Mailbox account is suspended or cancelled, HostworX may not keep copies of your e-mails on our Servers. E-mails may be deleted and purged off the system daily.

TERMS SPECIFIC TO WEB APPLICATION SERVICES

  1. We will provide you with the Web Application Services as selected by you on the Application Form subject to these Terms.
  2. It is recorded that Clauses 5.5 - 5.9, with the necessary amendments referring to the Web Application Services and Licensed Server, will apply equally hereto.
  3. We hereby grant you a limited, non-exclusive, license to use the Web Application on our Licensed Servers. Your usage thereof is subject to the license conditions of any Third Party Proprietor and the license conditions of the Helm 4 Software, which includes the following:
    1. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Third Party Software in any manner whatsoever, decompile, reverse engineer, disassemble, or otherwise reduce the Third Party Software to any human- readable form, or use the Third Party Software to develop any application having the same primary functions as the Third Party Software;
    2. Parallels owns all right, title and interest in, including all Intellectual Property Rights, in and to,
      • the Helm 4 Software;
      • all Helm 4 trademarks whether registered or unregistered;
      • Helm 4 Support Data, excluding any identifiable end user information and
      • any and all submissions made to Parallels to improve the Web Application Service (collectively, "Helm 4 IP Rights");
    3. Subject to applicable law, HostworX, the Third Party Proprietor and Parallels disclaim all warranties of any kind, whether express or implied, relating to the Third Party Software, its third party components, and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the Third Party Software, its third party components, and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Subject to applicable law the Third Party Software, including Helm Software, is provided "as is" and HostworX, Third Party Proprietors and Parallels do not warrant that the Third Party Software or its third party components are error-free or will operate without interruption. If the Third Party Software including Helm Software, its third party components, or any data accessed therefrom is defective, you assume the sole responsibility for the entire cost of all repair or injury of any kind, even if we, Parallels or the Third Party Proprietors have been advised of the possibility of such defects or damages. Also, subject to applicable law:
  4. You may use the Helm 4 Software only on the Licensed Servers;
  5. Your right to use any Third Party Software shall automatically expire without notice upon the expiration or cancellation of the Agreement or the agreement between HostworX and the Third Party Proprietor or Parallels for any reason whatsoever;
  6. You agree that HostworX or Parallels may in their sole discretion terminate, disable or suspend the use of and access to the Third Party Software by you in the event of your breach of the Agreement;
  7. You agree that Parallels is a third party beneficiary of the Agreement with the full right to enforce the provisions hereof as they pertain to Helm 4 and the Helm 4 Software;
  8. You agree and consent thereto that HostworX may in its sole discretion
    1. monitor use of the Helm 4 Software;
    2. use its authentication system; and
    3. collect and use the Helm 4 Support Data as set forth herein;
  9. You waive any and all claims (whether under law, equity or any other theory of liability) against HostworX, Third Party Proprietors and Parallels and its affiliates that may arise from your inability to use the Third Party Software in the event (i) of the expiration or cancellation of the Agreement for any reason whatsoever; or (ii) that we, the Third Party Proprietor or Parallels disable or suspend access to the Third Party Software or Helm 4 Software as set forth herein;
  10. You agree and consent hereby that without further notice to you, HostworX may use technological means, including the authentications system, to
    1. monitor use of the Helm 4 Software as may be necessary to monitor for compliance with the terms of the Agreement;
    2. collect language file modifications; and
    3. collect Helm 4 Support Data. HostworX reserves the right to copy, access, store, disclose and use Helm 4 Support Data indefinitely in its sole discretion; provided, however, that in the event that HostworX collects information concerning which features of the Helm 4 Software are most often used by you, Helm 4 will remove personally identifiable information (if any) from such data and copy, access, store, disclose and use such data solely for the purpose of improving the Helm 4 Software.

    The Helm 4 Software contains Third-Party Software the use of which requires your agreement to additional terms and conditions with respect to such Third-Party Software and you agree to these license terms.