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Disclaimer | Acceptable Usage Policy | Terms of Service | Privacy Policy Terms of Service (TOS) Maxxor Terms of Service:01) Domain Name Registration 02) Web Site Hosting And Email 03) Service Availability 04) Payment 05) Termination 06) Indemnity 07) Limitation Of Liability 08) Notices 09) Support 10) Law 11) Headings 12) Torturous Conduct 13) Entire Agreement
Where the content states: "We" and "Maxxor" refers to Maxxor Software Services (Pty) Ltd or any party acting on Maxxor's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Services" refers to the service offered by Maxxor to you. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "Mail" refers to the email services provided by Maxxor to you. "TOS" includes this agreement. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement: 1.1 We make no representation that the domain
name you wish to register is capable of being registered by
or for you or that it will be registered in your name. You
should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or
they have been registered. Any action taken by you before
such notification is at your risk. Registration Policy & Agreement 1.3 You shall have no right to bring any claim
against us in respect of refusal to register a domain name.
Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to register
your desired name. 2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. 2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. 2.3 You represent, undertake and warrant to us that you will use the Web Site and other services allocated to you only for lawful purposes and activities. In particular, you represent, warrant and undertake to us that: 2.3.1 you will not use the Server in any manner which infringes any law or regulation laws of the Republic of South Africa or which infringes the rights of any third part; nor will you authorize or permit any other person to do so. 2.3.2 you will not post, publish, store, reproduce, transmit or distribute: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, discriminatory (including racial, gender or religious slurs), hate speech or speech designed to incite violence or hatred, or threats to cause bodily harm, or otherwise objectionable material as determined by Maxxor in any way. (b) any material containing a virus or other hostile computer program. (c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of the Republic of South Africa. 2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email. 2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs. 2.3.5 If you surpass your allotted disk space/bandwidth usage as set forth in your hosting agreement, you agree to purchase the excess in blocks as set forth in our current hosting price list. Such payment to be immediate and non-disputable. 2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host warez, adult content, Pornographic content, or copyrighted content. 2.4.1 Adult content is described as: (a) Any site whose revenue is gained in part or whole from its adult content. (b) Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes. (c) Photos or videos showing graphic violence, death or dismemberment. (d) Photos or videos showing graphic violence or death. (e) Revenue-generating hyperlinks to sites that violate this policy. 2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information. 2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. 2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members. 2.8 You shall ensure that all mail is handled in accordance with applicable legislation of the Republic of South Africa and in a secure manner. 2.8.1 Sending unsolicited mail messages, including without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site. 2.8.2 It is contrary to Maxxor policy for Members to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list. To send mass e-mailings; whether unsolicited, opt-in, or otherwise. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Maxxor provided server, or using a Maxxor provided server as a mail drop for responses. To falsify user information provided to Maxxor or to other users of the service in connection with use of a Maxxor service. 2.8.2(a) Consequences of Violation: When Maxxor becomes aware of an alleged violation of its Acceptable Use Policy, Maxxor will initiate an investigation. During the investigation Maxxor may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Maxxor may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, Maxxor will notify the appropriate law enforcement department of such violation. 2.8.2(b) You shall be held liable for any and all costs incurred by Maxxor as a result of your violation of these terms and conditions. This is including, but is not limited to, legal fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Maxxors current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is ZAR500 per hour, with a minimum one (1) hour charge, plus ZAR10 for each bulk-email or Usenet message sent, plus ZAR10 per complaint received. 2.8.3 Maxxor does not issue credits for any outages incurred through service disablement resulting from Policy violations. 2.9 Any access to other networks connected to Maxxor must comply with the rules appropriate for those other networks 2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for defacement or disablement of the Web Site any other failure of mail services or web hosting services. 3.1 We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service
or down-time of the Server. 4.1 All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable
in advance of our service provision. We reserve the right
to change pricing at any time although all pricing is guaranteed
for the period of pre payment. 5.1 If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you. 6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement. 7.1 All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether
imposed by statute or operation of law or otherwise, that
are not expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality
and fitness for a particular purpose are hereby excluded,
subject always to sub clause. 8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by registered mail shall be deemed to be served two days following the date of posting. 9.1 On our site you will find links to all the information
to get your web site up and running and to access your mail
services. All information pertaining to your account should
have been included in the Hosting Account Activation letter
you received when we created your account. If you did not
receive a letter, please email support@maxxor.com to request
a copy. 10.1 All Maxxor services are controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or liability to use the Service and these terms and conditions. 11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 12.1 No one shall post defamatory, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual property rights. 13.1 These terms and conditions together with
any documents expressly referred to in them, contain the entire
Agreement between us relating to the subject matter covered
and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such
matters. No oral explanation or oral information given by
any party shall alter the interpretation of these terms and
conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you
shall have no remedy in respect of any misrepresentation which
has not been made expressly in this Agreement. |
