PLEASE NOTE: These product or service specific terms and conditions must always be read together with our general terms and conditions, any use or privacy policies, and any other information contained on MWEB's legal notices page which will all always apply to your use of this product or service.
PRODUCT TERMS: UNCAPPED HOSTING
1. INTERPRETATION
1.1 Words importing the singular shall include the plural and unless the context indicates the contrary, the words defined below shall have the meanings set out below and any term not defined below, but defined in the General Terms and Conditions, when used herein, shall have the same meaning as defined therein:
1.1.1 “Database Hosting” means that part of the Services, which MWEB renders, in accordance with Customer’s selections on the Application Form under such heading or description whereby MWEB will host Customer’s database;
1.1.2 “Disk Space” means (i) disk space (size) allocated in respect of Mailbox to Customer on a monthly basis and/or (ii) disk space used for the purposes of hosting Customer’s website and/or and/or (iii) disk space allocated for the purposes of hosting Customer’s database(s) on a monthly basis; and stored by MWEB on a storage medium which includes without limitation, the computer hard drive;
1.1.3 “Domain Name” means the domain name that is the subject of the Domain Service, as selected by Customer on the Application Form;
1.1.4 “Domain Service” means that part of the Services, which MWEB renders in accordance with Customer’s selections on the Application Form under such heading or description comprising of the registration, transfer or renewal of a Domain Name and the hosting of that Domain Name;
1.1.5 “FTP” means File Transfer Protocol being a method for sending a file to a location on a network via the internet;
1.1.6 “Mailbox” means the Mailbox Services MWEB renders in accordance with Customer’s selections on the Application Form under such heading or description comprising of an e-mail box provided by MWEB to Customer on MWEB systems, including an e-mail address and/or the amount of aliases allowed by MWEB to such e-mail address from time to time;
1.1.7 “Registrar” means any entity, administrator, and/or MWEB registration provider or any replacement thereof, who governs, allocates or attends on the administration, transfer, maintenance, of domain names including the entities referred to in clause 4.1.6 (i) – (v) below;
1.1.8 “Server” means the MWEB file server(s) used to supply the Services to Customer, including any software loaded by MWEB 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, but excludes any software, application and/or component as contemplated in clause 4.3.9 below;
1.1.9 “the Service/s” means the Services MWEB renders to Customer as selected on the Application Form (whether via online signup, the control panel or otherwise), which Service is referred to as “Uncapped Hosting” and comprises all the Specific Services of (i) Domain Services; (ii) Mailbox; (iii) Shared Webhosting Services; and (iv) Database Hosting Services;
1.1.10 “Service Website” means https://myaccount.mweb.co.za or as Customer is advised from time to time.
1.1.11 “Shared Webhosting” means that part of the Services which MWEB renders in accordance with Customer’s selection on the Application Form whereby MWEB will host Customer’s website;
1.1.12 “Specific Product Terms” means the terms specific to a product or service under “products” on our Legal Notices Website which will apply to the Specific Services should the Services as a whole be terminated but Specific Service(s) be continued as per clause 2.4 below.
2. DURATION
2.1 Subject to the General Terms and Conditions, this Agreement shall commence on the Effective Date on a month to month basis and shall terminate by either Party giving the other Party 1 (one) calendar month’s written notice of termination.
2.2 Notwithstanding the above, MWEB shall be entitled to terminate the Services at any time (without incurring any liability of whatsoever nature), on written notice to Customer, should MWEB’s agreement with Microsoft and/or any upstream service provider be terminated.
2.3 For the avoidance of doubt it is recorded that termination of any one or more of the Domain Services and/or Mailbox and/or Shared Webhosting and/or Database Hosting (“the Specific Services”) shall constitute termination of the Uncapped Hosting Service as a whole and Customer shall not be able to benefit from the discount structure of the Services;
2.4 Where Customer terminates the Services but wants to continue with any one or more of the Specific Services, Customer may do so by applying for renewal of the Specific Service, subject to the Specific Product Terms of that service, and in such event Customer shall pay the Service Fees, including any set-up fees, applicable to the Specific Service at the time of such renewal as specified on MWEB’s Website;
2.5 Notwithstanding clauses 2.3 and 2.4 above ( and to limit the risk of Customer suffering damages due to losing a Domain Name) and where Customer terminates the Services but does not clearly by written notice terminate Domain Services specifically, Customer hereby expressly authorises and directs MWEB to automatically renew Customer’s Domain Name registration upon MWEB’s receipt of a renewal notification from a Registrar, and to bill Customer for the relevant fees in accordance with the Specific Product Terms from time to time.
3. SERVICE FEES
3.1 Customer shall pay MWEB the Services Fees and MWEB shall, subject to 3.3.2 below, bill Customer monthly with the Service Fees specified in the Application Form in accordance with the provisions set out in the General Terms.
3.2 In the event that Customer: (i) add Domain Names; (ii) add Mailboxes and/or increase the Disk Space thereon; (iii) add Databases and/or increase the Disk Space thereon, as envisaged in clause 4.5 below, Customer shall pay MWEB the Service Fees specified on the Service Website and/or the Application Form in respect of such upgrades. Such upgrades shall be subject to MWEB approval which shall be communicated to Customer by activating the upgrades applied for. 3.3 The parties record that regarding Domain Service:
3.3.1 MWEB is currently not charging Customer any Service Fees for the first .co.za Domain Name but MWEB shall charge Customer Service Fees for: (i) the first Domain Name if it is not a .co.za Domain Name; and (ii) all subsequent Domain Names.
3.3.2 Customer understands that MWEB cannot register, transfer or renew a Domain Name without paying a Registrar annually in advance. Accordingly all Domain Service Fees shall be: (i) billed; and (ii) payable, annually in advance.
3.3.3 In the event of termination of the Services: (i) MWEB shall not be liable to refund the Customer with any such Domain Service Fees and/or with charges due or paid by MWEB in advance to Registrars and/or upstream service providers; and (ii) If Customer paid for a Domain Name, Customer may remain the registrant of the Domain Name for the full paid up period of the Domain Name registration.
4. TERMS AND CONDITIONS SPECIFIC TO UNCAPPED HOSTING
4.1 MWEB will provide Customer, as part of the Uncapped Hosting Service, with the Domain Services, subject to the following terms:
4.1.1 Registration of a specific Domain Name will be subject to availability and MWEB makes no representation and gives no warranty about Customer’s chosen Domain Name being available for registration or use by the Customer.
4.1.2 In order to limit the risk of Customer suffering damages due to losing a Domain Name, Customer hereby expressly authorises and directs MWEB to automatically renew Customer’s Domain Name registration annually in advance upon receipt of a renewal notification from a Registrar, and to bill Customer for the Domain Service Fees annually in advance.
4.1.3 “Domain squatting” shall not be allowed.
4.1.4 Customer authorises MWEB to use any of its particulars it deems fit to effectively manage the registration, transfer, renewal and/or hosting of Domain Name/s. Domain Name/s shall not become the property of MWEB.
4.1.5 Should the Domain Services be terminated for any reason whatsoever MWEB shall, without incurring any liability of whatever nature and without limiting the generality of the General Terms, be entitled, but not obliged, to notify the Registrar of such Domain Name hosting termination and to instruct such Registrar to remove MWEB and/or any of its systems as the host of such Domain Name even if no replacement is available. Customer may on termination of the Domain Services transfer the Domain Name hosting to another service provider at its own cost.
4.1.6 It is recorded that: (i) all Domain Names in the .co.za name space, are administered by Uniforum SA; (ii) .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; (iii) MWEB utilizes the services of TUCOWS OpenSRS, to register all international Domain Names; (iv) Registrars may change or be replaced from time to time; (v) MWEB may change its registration provider from time to time on written notice to Customer; and (vi) registration, maintenance, transfer of a Domain Name is subject to the terms and conditions (as amended from time to time) on the respective websites of the Registrars which allocate and govern such Domain Name(s), and all such terms and conditions are binding upon Customer by reason of Customer’s acceptance of these Terms, and if in conflict with these Terms the Registrars’ terms shall prevail.
4.1.7 In the event that any of the Registrars amends, suspends or terminates its provision of the Domain Services or any other aspect of its services upon which MWEB depends for the provision of the Domain Service, MWEB will use reasonable endeavours to ensure the continuance of the Domain Service. If MWEB is unable to ensure such continuance under any circumstances MWEB shall be entitled to terminate the Domain Service with immediate effect in which event, Customer agrees that MWEB will not be liable to Customer or any other third party for any loss or damages incurred by Customer or by any third party arising from, or in any way relating to, the termination of the Domain Service.
4.1.8 Customer hereby warrants in favour of MWEB that: (i) Customer is the lawfully entitled owner of Domain Name(s) or Customer has the consent of the owner to use such Domain Name(s); and (ii) in using Domain Name(s) it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such Domain Name. Customer indemnifies MWEB against any third party or other claim that may be instituted against MWEB as a result of the breach of such party’s intellectual property rights.
4.1.9 MWEB has no interest in the Domain Name and nothing that MWEB does in the performance of its obligations in terms of the Domain Service shall be construed as an assumption of responsibility or liability by MWEB for attending to the Domain Service whether or not MWEB had knowledge of Domain Name or not.
4.1.10 Without limiting the generality of the Terms Customer hereby indemnifies MWEB and holds it harmless against any liability and/or any claim of whatever nature made by any person for any loss or damage suffered or arising directly or indirectly from the use, display and/or publication of such Domain Name or termination of the Domain Service.
4.2 MWEB will provide Customer, as part of the Uncapped Hosting Service, with the Mailbox/es, in order to enable the sending and receiving of e-mails, subject to the following rules:
4.2.1 In order to keep MWEB’s electronic data messaging ("e-mail") servers efficient, Mailbox/es will be provided subject to the following restrictions:
4.2.1.1 Time limit: MWEB will purge any mail that is older than 90 (ninety) days for mailboxes smaller than 2GB.
4.2.1.2 However, if a mailbox size is 2 GB or larger, MWEB will not purge the mail.
4.2.1.3 If Customer exceeds the mailbox size, no new mail or attachments will be delivered to Customer’s mailbox. Customer will, however, be able to receive mail again if the Customer either deletes mail and/or attachments from its mailbox or by purchasing additional Disk Space.
4.2.1.4 Subject to any other technical limitations, MWEB restricts the size of an individual mail, sent or received, to 18MB per mail; and the number of recipients on Customer’s mailing list may not exceed 25.
4.2.1.5 In the case where a Customer’s e-mail address is at its Domain Name and the user’s domain is hosted at another service provider, it is the responsibility of the user to ensure that the domain host correctly points the mail server records to the MWEB mail servers. MWEB will not be responsible for mails that are not delivered or sent as a result of mail records not correctly pointed.
4.2.2 Once your account is suspended or terminated for any reason whatsoever, MWEB shall not keep copies of your e-mails on our servers. E-mails may be deleted and purged off the system daily and no e-mail will be delivered to such mailbox. MWEB does not keep any copy of any retrieved (downloaded) e-mail.
4.2.3 Upon termination of any mailbox for any reason whatsoever MWEB reserves the right to delete any e-mail contained in such mailbox without notice.
4.2.4 MWEB reserves the right to refuse to deliver mail to or from a Customer’s mail address during the course of its subscription should MWEB, in its sole discretion, deem this necessary.
4.2.5 MWEB shall be entitled to take such steps to fight spam / junk-mail / unsolicited mail / viruses as MWEB may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which MWEB, in its sole discretion, suspects of being or containing spam / junk-mail / unsolicited mail / viruses and immediately suspending or disconnect users with infected devices from our network.
4.2.6 MWEB reserves the right to reduce the size of Customer’s mailbox, should you be in breach of the terms under which this service is provided to you.
4.2.7 Upon suspension or cancellation of a Customer’s subscription such Customer will lose and MWEB will re-claim Customer’s mweb.co.za mailbox username and mail address used to login on the Service Website. MWEB may re-issue the Customer’s username and mail address to a new subscriber 90 days after suspension or termination of Customer’s MWEB subscription. It is the Customer’s responsibility to inform everyone so that they do not inadvertently send mail intended for the Customer to the new subscriber. Please note that it is only the e-mail address and not the content of any mailbox that will be reserved.
4.3 MWEB will provide Customer, as part of the Uncapped Hosting Service, with the Shared Webhosting and Database Hosting Services subject to the following terms:
4.3.1 Customer shall be entitled to host one website and multiple databases per Service subject to payment of the Service Fees for such additional databases.
4.3.2 Subject to MWEB’s Terms, Acceptable Use Policy (which can be found under the name “Acceptable Use Policy” at http://www.mweb.co.za/ under the heading “Legal Notices”) and clause 4.3.3 below, (i) the traffic allocation to Customer’s website shall be uncapped, and (ii) the Disk Space for hosting of the Website shall be uncapped, on such platform as selected in the Application Form.
4.3.3.1 Shared Webhosting Services 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 in order to provide reasonable high-limit or uncapped amounts of Disk Space for Customer convenience, so that Customers need not be concerned about exceeding limits. 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.
4.3.3.2 It is a Shared Webhosting environment which means that multiple Customer websites are hosted from the same server and share server resources. To ensure reliable service to all of our Customers, Customers whose use adversely affect server or network performance must correct these issues or will be asked to upgrade to suitable packages.
4.3.3.3 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.
4.3.3.4 All downloadable files or files stored on the Server must be directly related to the general nature of the Website index. All files on a Domain must be part of the active Website and linked to the site.
4.3.3.6 All password protected archive (e.g. zip and rar) files are unacceptable.
4.3.3.7 The Services shall not be used for mass mailing, video or audio streaming, unattended automated downloads or hosting of unusually large pictures and videos.
4.3.3.8 Shared Webhosting and Database Disk Space is 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.
4.3.3.9. Without limiting the generality of our Acceptable Use Policy and clauses 4.3.3 above, the following are also included to provide some practical examples, however not an exclusive list, of unacceptable use: sites designed to exchange links, traffic exchanges that automatically rotate advertised websites in browsers, IRC scripts and Bots, image hosting scripts and sites inviting others to upload video or image files, multiplay gaming sites and role player gaming sites.
4.3.4 Should Customer abuse the Services and not comply with the above, Customer may not be allowed to upload any file to his website and/or database and should upgrade to another Webhosting and /Database Hosting package.
4.3.5 MWEB undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
4.3.6 MWEB shall, as part of the Service and if required by Customer, make available on the Service Website log files (which are only limited to traffic usage statistics), relating to Customer’s use. MWEB does not guarantee that the log files will be up-to-date, correct and/or error free and should there be any discrepancy between the log files and the invoice, the invoice will prevail.
4.3.7 Customer acknowledges that MWEB 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, MWEB shall only keep a summary of Customer’s website log files for a period of 3 (three) 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.
4.3.8 Customer acknowledges that the specifications of the Server is known to him and accepts that the Server is suitable for the purpose of rendering the Service to him. MWEB will in its sole discretion, and 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 MWEB to implement any of the above, as and when it deem fit. Although MWEB will use its reasonable endeavours not to affect the Service or the hosting of any content, application, and/or data of whatever nature MWEB, expressly disclaims any direct, indirect, incidental, special, punitive or consequential losses or damages which arise or may arise out of such maintenance and/or upgrades.
4.3.9 Any software, application and/or component required and loaded by Customer or loaded on behalf of Customer for the website and/or database will be his own responsibility and is loaded at his sole risk.
4.3.10 Notwithstanding the provisions of clause 4.3.9 above, MWEB will be entitled, but without having any obligation to do so: (i) in its own discretion determine which software, applications and/or components may be loaded by Customer on or for the website and/or the database(s); and (ii) have the right to: (a) disallow the installation of any software, application and/or component required by Customer; (b) suspend Customer’s website and/or database(s) and/or access to his website and/or database(s) without notice to Customer should Customer install any software, application and/or component which may affect the security or operation of MWEB’s server and network infrastructure; and/or use and/or access to the Service by MWEB’s customer’s.
4.3.11 The licensing of all installed software, application and/or component contemplated in clauses 4.3.9 and 4.3.10 shall be the sole responsibility of Customer. Without limiting MWEB’s rights, any failure to license such software and/or applications correctly may result in the termination and/or suspension of the Agreement and/or any services. MWEB retains the right to carry out routine checks to validate such software license agreements.
4.3.12 Customer indemnifies MWEB from any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s: (i) failure to license the software and/or applications correctly and/or at all; and/or (ii) installation and/or use of any software, application and/or component on its website and/or database(s).
4.3.13 Customer will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed in terms of clause 4.3.9, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. MWEB shall provide Customer with technical support relating to FTP in the case of Shared Webhosting 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.
4.3.14 Customer acknowledges that 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.
4.3.15 It shall be Customer’s sole responsibility to do back-ups of its content/data hosted in terms of the Service. MWEB shall not be liable for any loss of content or data, whatsoever.
4.4 The parties place on record that: (i) Internet connectivity is required in order to enable Customer to access and use the Services; and (ii) Customer is responsible for ensuring the uptime of his Internet connectivity in the event that such Internet connectivity is not provided by MWEB, and to address all down time including without limitation the unavailability of Internet connectivity with his Internet services provider.
4.5 Customer will be allowed to upgrade as follows: (i) increase the number of Domain Names; (ii) add Mailboxes or increase the size thereof; (iii) add Databases or increase the Disk Space thereon from time to time. Any such upgrades may be effected during a calendar month provided that the Customer will be billed for the full month at the next monthly billing cycle.
4.6 Customer will be allowed to downgrade as follows: (i) cancel any of the Domain Names; (ii) reduce the number of Mailboxes or reduce the size thereof; (iii) reduce the number of databases, provided that in order to remain an Uncapped Hosting subscriber the Customer must be subscribed to the at least one of each of the Domain Service, Mailbox, Shared Webhosting and Database Hosting Services. Customers may however only downgrade at the end of a calendar month.
4.7 MWEB reserves the right to terminate or amend its offering of the Uncapped Hosting Service, or any one or more of the Specific Services and/ or Disk Space sizes, by giving reasonable notice to Customers.