PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
Shared Webhosting and Database Hosting
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 Terms:
1.1 “Database Hosting” means the services contemplated in these Terms, which MWEB renders to Customer in accordance with Customer’s selections as indicated by Customer on the Application Form under such heading or description whereby MWEB will host Customer’s database;
1.2 “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 MWEB on a storage medium which includes without limitation, the computer hard drive;
1.3 “Server” means the MWEB file server used to supply the Service 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 4.10 below;
1.4 “the Service” means Shared Webhosting and Database Hosting collectively or either Shared Webhosting or Database Hosting, whichever is applicable, as selected on the Application Form;
1.5 “Service Website” means https://myaccount.mweb.co.za;
1.6 “Shared Webhosting” means the services contemplated in these Terms which MWEB renders to Customer in accordance with Customer’s selection, as indicated on the Application Form under such heading or description whereby MWEB will host Customer’s website.
2. SERVICE FEES
2.1 Customer shall pay MWEB the services fees specified in the Application Form in accordance with the provisions set out in the General Terms.
2.2 Customer may by using the “Add-2-Account” functionality on the Service Website upgrade to another Shared Webhosting and/or Database Hosting package.
2.3 MWEB shall bill the service fees to the account Customer has with MWEB for the Service.
3. TERMS AND CONDITIONS SPECIFIC TO THE SERVICE
3.1 Customer shall only be entitled to host one website per Shared Webhosting service. However, Customer shall be entitled to host multiple databases per Database Hosting service.
3.2 MWEB shall provide Customer with the Disk Space more fully described in the Application Form on a Server in order to host Customer’s website and/or database, on such platform as selected in the Application Form.
3.3 Should Customer reach the allocated Disk Space, Customer will not be able to upload any file to his website and/or database. Customer is therefore advised to upgrade to another Shared Webhosting and/or Database Hosting package.
3.4 MWEB does not guarantee that Customer will not be able to upload any file should his allocated Disk Space be reached. MWEB shall therefore be entitled to charge Customer the additional fee set out in the Application Form for such excess space used.
3.5 In the case of Shared Webhosting, the maximum traffic allocation to Customer’s website shall be as set out in the Application Form. Any traffic in excess thereof will be subject to additional payment by Customer as set out in the Application Form or Service Website.
3.6 MWEB undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
3.7 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 of the Service. 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.
3.8 In the case of Shared Webhosting, 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.
3.9 MWEB 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 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.
3.10 Customer agrees that 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 and responsibility. MWEB shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on his website and/or database.
3.11 Notwithstanding the provisions of clause 3.10 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; 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 and/or access to his website and/or database 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. MWEB shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on its website and/or database.
3.12 The licensing of all installed software, application and/or component contemplated in clauses 3.10 and 3.11 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. MWEB retains the right to carry out routine checks to validate such software license agreements.
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 3.10, 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.
3.14 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.
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.