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.
PRODUCT TERMS: UNCAPPED 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 Service Terms:
1.1. "cPanel" means cPanel, Inc, and includes its authorised partners and/or distributers;
1.2. "cPanel Software" means the cPanel software program(s) supplied by cPanel 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;
1.3. "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 MWEB on its Servers;
1.4. "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;
1.5. "Database Hosting" means the services as selected by you on the Application Form whereby MWEB will host your database;
1.6. "Demo Service" means the services which will enable you to test the Website SelfBuild Services which will enable you to create a demo website but will not allow publication thereof;
1.7. "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;
1.8. "Domain Name" means the domain name that is the subject of the Domain Service, as selected by you on the Application Form;
1.9. "Domain Service" means the services selected by you in the Application Form under such heading or description;
1.10. "FTP" means File Transfer Protocol being a method for sending a file to a location on a network via the internet;
1.11. "Functionalities" means any functionalities or features which are or may be incorporated into the Service or any part thereof from time to time;
1.12. "Licensed Server" means the Server on which the cPanel Software is installed to enable you to use the Web Application Service;
1.13. "Mailbox" means the mailbox services MWEB renders comprising of an e-mail box on MWEB's systems, including an e-mail address;
1.14. "Online Tool" means the Website SelfBuild Online Tool made available to you by us to create, build and where applicable publish, your Website;
1.15. "Registrar" means the entities referred to in clause 4.4 below or any replacement thereof and/or any other entity who attends to the administration or registration of domain names;
1.16. "Server(s)" means the MWEB file server, including the Licensed Server, 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 ("Server Software"), but excludes any Customer Software including as contemplated in clause 5.6 below;
1.17. "the Service(s)" means the services provided under these Terms collectively known as the Uncapped Hosting Services which shall comprise of (i) Domain Service; (ii) Mailbox; (iii) Shared Webhosting; (iv) Database Hosting (v) Website SelfBuild Services and/or (vi) Web Application Service;
1.18. "Service Website" means https://myaccount.mweb.co.za;
1.19. "Shared Webhosting" means the services selected by you on the Application Form whereby MWEB will host your Website;
1.20. "Software" means all the Software or programs used in relation to the Services, including: (i) software that provides services or Functionalities on a computer acting as a Server without the user thereof having to operate it; (ii) Customer Software; (iii) Third Party Software and (iv) Web Applications;
1.21. "Support Data" means all data collected by us or cPanel in order to provide the Services including support for Web Application Service. Such data may, include (a) IP addresses (b) data utilized to prevent and combat various server attacks by hackers or their hardware, including usernames and passwords necessary to login to affected accounts, Uncapped Hosting or other accounts (c) information required to resolve incidents and which information, may personally identify you, and (d) information collected from time to time concerning which features of the cPanel Software are most often used in order to improve and make adjustments to the Services;
1.22. "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 Tool and Web Applications, cPanel Software, and any other Software offered through the cPanel or our Service Website and licensed under the licensing terms of the relevant authors, owners or licensors thereof ("Third Party Proprietors");
1.23. "Web Application(s)" means the scripts and application Software made available to you through Third Party Software including cPanel Software to create, build and where applicable publish your Website content, and to manage your Uncapped Hosting Services, but excludes the Online Tool;
1.24. "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 Uncapped Hosting Services;
1.25. "Website SelfBuild Service(s)" means the Website SelfBuild Service providing you with a template based solution to create, build and where applicable, publish your Website.
2. DURATION AND GENERAL SERVICE TERMS
2.1. Termination of any one or more of the individual Services comprising the Uncapped Hosting Services shall constitute termination of the Uncapped Hosting Services as a whole and Customer shall not be able to benefit from the discount structure of the Services.
2.2. Should the Customer terminate the Services, Customer will have to apply for any of the individual Services again.
2.3. If you make use of the Demo Service then the full Uncapped Hosting Services will not be available to you and you will be restricted to the Demo Service. The demo website will lapse within a limited period unless you sign up for the full Service within the limited period allowed to do so as indicated on our Service Website.
3.1. Customer shall pay MWEB the services fees specified in the Application Form in accordance with the provisions set out in the General Terms.
3.2. Customer shall pay MWEB in addition to any service fees all reasonable expenses and/or charges relating to the registration, transfer or renewal of Domain Name.
3.3. MWEB shall, as part of the Domain Service host the Domain Name and MWEB 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.
3.4. All upgrades shall be subject to MWEB 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 MWEB the service fees specified on the Service Website and/or the Application Form in respect of such upgrades.
3.5. MWEB 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.
3.6. In the event of termination of the Services MWEB shall not be liable to refund you any such Domain Service fees and/or with charges already incurred or paid by MWEB in advance to the Registrars and/or upstream service providers.
4. TERMS SPECIFIC TO DOMAIN
4.1. MWEB 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.
4.2. 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 in terms of the Domain Service. MWEB has no interest in the Domain Name and the Domain Name shall not become the property of MWEB. Nothing that MWEB does in the performance of its obligations shall be construed as an assumption of responsibility or liability by MWEB for the Domain Name whether or not MWEB had knowledge of Domain Name or not.
4.3. Should the Domain Service be terminated for any reason whatsoever MWEB shall, without incurring any liability of whatever nature, be entitled to notify the Registrar of such 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.
4.4. It is recorded that (i) 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 (ii) MWEB utilizes the services of Diamatrix & TUCOWS OpenSRS, to register international domain names subject to the terms and conditions of TUCOWS OpenSRS & Diamatrix, as amended from time to time; (iii) 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 MWEB cannot guarantee the registration of Domain Name(s) selected by Customer; (iv) Registrars may change or be replaced from time to time; and (v) MWEB may change its registration provider from time to time on written notice to Customer; (vi) All Registrars’ terms and conditions, mentioned above, are binding upon Customer by reason of Customer’s acceptance of these Terms.
4.5. 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: (i) you are the lawfully entitled owner of Domain Name(s) or have the consent of the owner to use such Domain Name(s); and (ii) 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 MWEB against any third party or other claims that may be instituted against MWEB as a result of the breach of such third party's Intellectual Property Rights or breach of any warranty herein.
5. TERMS AND CONDITIONS SPECIFIC TO SHARED WEBHOSTING AND DATABASE HOSTING
5.1. Subject to our Acceptable Use Policy and the Agreement, the traffic allocation to your Website and the Disk Space for hosting of your Website shall be uncapped.
5.2. 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.
5.3. MWEB undertakes to use reasonable endeavours to ensure that Customer's Disk Space is secure to prevent unauthorized access.
5.4. In the case of Shared Webhosting, 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.
5.5. 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 deems fit.
5.6. 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.
5.7. Notwithstanding the provisions of clause 5.6 above, MWEB will be entitled, but without having any obligation to do so: (i) in its own discretion determine which Customer Software may be loaded by Customer on or for Customer's Website and/or the database; and (ii) have the right to: (a) disallow the installation of any Customer Software required by Customer; (b) 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 MWEB's Server and network infrastructure; and/or use and/or access to the Service by MWEB's customers.
5.8. The licensing of all installed Customer Software, application and/or component contemplated in clauses 5.6 and 5.7 shall be your sole responsibility. Without limiting MWEB's rights, any failure to license such Customer Software correctly may result in the termination and/or suspension. MWEB retains the right to carry out routine checks to validate such software license agreements.
5.9. You are solely responsible for all the support, maintenance and/or upgrades of Customer Software, installed in terms of clause 5.6, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. MWEB shall provide you 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.
5.10. 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.
5.11. It shall be your sole responsibility to do back-ups of your content/data hosted in terms of the Service. MWEB shall not be liable for any loss of content or data, whatsoever.
5.12. In addition to MWEB's Acceptable Use Policy contained in the General Terms and Conditions, the following conditions apply:
5.13. 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.
5.14. 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.
5.15. 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.
5.16. All password protected archive (e.g. zip and rar) files are unacceptable.
5.17. 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.
5.18. MWEB, 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 5.5 (c) installation and/or use of any Customer Software or other Software on your Website and/or database contemplated in clause 5.6. You indemnify MWEB 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.
6. TERMS SPECIFIC TO MAILBOX
6.1. You may have access to 1 (one) (or more) types of Mailboxes which range from Mailboxes below 2GB in size and those more than 2GB in size.
6.2. You can verify the size of your Mailbox here: http://www.mweb.co.za/services/MyAccount/.
6.3. In order to keep our mail servers efficient, we need to apply the following restrictions to your Mailbox:
6.3.1. time limit: MWEB will purge any mail that is older than 90 (ninety) days for Mailboxes smaller than 2GB;
6.3.2. however, if your Mailbox size is 2GB or larger, MWEB will not purge your mail;
6.3.3. 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;
6.3.4. subject to any other technical limitations, MWEB restricts the size of an individual mail, sent or received, to 18Mb per mail; and
6.3.5. the number of recipients on your mailing list may not exceed 25 (twenty five).
6.4. MWEB reserves the right to reduce the size of your Mailbox, should you be in breach of the Agreement
6.5. Upon suspension or cancellation of your Mailbox subscription you will lose and MWEB will re-claim your mweb.co.za Mailbox username and mail address used to login on the Service Website. MWEB 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.
6.6. Once your Mailbox account is suspended or cancelled, MWEB may not keep copies of your e-mails on our Servers. E-mails may be deleted and purged off the system daily.
7. TERMS SPECIFIC TO WEBSITE SELFBUILD
7.1. The Website SelfBuild Service is template based and it is your responsibility to ensure that it is suitable for the purpose it is intended to be used.
7.2. The Website SelfBuild Services may be rolled out in phases and MWEB reserves the right to add, amend, or remove Functionalities, from time to time, but will provide you with (30) thirty days notice in the event of removal.
7.3. Using Website SelfBuild Service will overwrite your existing Website, if any. Ensure that you have a backup of your existing Website before creating a new website.
7.4. Website SelfBuild is integrated into our Uncapped Hosting Services and relies on specialised Server Software. Should you decide to host elsewhere, it will not be possible to transfer your Website SelfBuild created website and you will lose it.
7.5. If the Website SelfBuild Services are for any reason whatsoever: (i) disconnected or suspended, - then your Website will be inaccessible to you and any third parties; or (ii) cancelled, - then your account will be removed from our database, your Website will be inaccessible to you and any third parties, and you will lose your created Website and Functionalities.
7.6. Certain aspects of the Website SelfBuild Service may be provided by upstream service providers. Take note that these service providers may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Website SelfBuild Service and if such changes affect this Website SelfBuild Service it will be an Uncontrollable Event.
7.7. When the Website SelfBuild Service is unavailable due to maintenance or upgrades, you will not be able to use it to create, build or edit your Website.
7.8. All title and Intellectual Property Rights in the Website SelfBuild Service (including the Online Tool and templates offered for the layout, design, look and feel and development of your Website, but excluding any user content) shall be and remain the exclusive property of MWEB or the Third Party Proprietors.
7.9. You may not use, disseminate distribute, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website SelfBuild Services or otherwise deal with it or such intellectual property without MWEB or the relevant Third Party Proprietor's written approval.
7.10. The Website SelfBuild Service and your Website created under it are used under license which license limits use of the Website SelfBuild templates to Websites hosted by MWEB under Uncapped Hosting. Templates may not be transferred to another website hosted by another Internet Service Provider.
7.11. You may only use content which you own, have created or which you have clear permission to use or upload (such as the license to use the templates of Website SelfBuild).
7.12. You are solely responsible and will be held liable for all content of any nature or in whatever form, which you use while using this Website SelfBuild Service. The copyright in such user content (content not forming part of the template) shall remain vested in you or the holder of the copyright therein. MWEB assumes no responsibility for the nature of anything contained or user content on your Website and disclaims all liability in respect of such nature or content. You warrant that any such content, will not infringe the Intellectual Property Rights of any third party.
7.13. Subject to limitations allowed in law, MWEB and/or upstream service providers supplying or supporting the Service will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising out of: (i) the loss, damage, disclosure or destruction of your Website, your content or data; (ii) unauthorised access to your Website and/or content or any dealings with your Website or content by other parties; (iii) your sharing of content or use of the Online Tool or any Software; and/or (iv) infringement of Intellectual Property Rights in using the Service and/or (v) any Uncontrollable Event. You indemnify MWEB 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 (i) to (v) above.
7.14. Our support will not include assisting you with designing your Website and using the Online Tool to do so (e.g. choosing colours, templates and styles), but they will assist you with logging into the control panel and any publishing errors.
8. TERMS SPECIFIC TO WEB APPLICATION SERVICES
8.1. We will provide you with the Web Application Services as selected by you on the Application Form subject to these Terms.
8.2. It is recorded that Clauses 5.5 – 5.9; 7.1 -7.3; 7.5; 7.6 - 7.9; and 7.11 -7.14 above, with the necessary amendments referring to the Web Application Services and Licensed Server, will apply equally hereto.
8.3. We hereby grant you a limited, non-exclusive, license to use the Web Application on our Licensed Server. Your usage thereof is subject to the license conditions of any Third Party Proprietor and the license conditions of the cPanel Software, which includes the following:
8.3.1. 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;
8.3.2. cPanel owns all right, title and interest in, including all Intellectual Property Rights, in and to, (a) the cPanel Software; (b) all cPanel trademarks whether registered or unregistered; (c) cPanel Support Data, excluding any identifiable end user information and (d) any and all submissions made to cPanel to improve the Web Application Service (collectively, "cPanel IP Rights");
8.3.3. Subject to applicable law, MWEB, the Third Party Proprietor and cPanel 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 cPanel Software, is provided "as is" and MWEB, Third Party Proprietors and cPanel 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 cPanel 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, cPanel or the Third Party Proprietors have been advised of the possibility of such defects or damages. Also, subject to applicable law:
220.127.116.11. if applicable law requires any warranties with respect to the cPanel Software, all such warranties are limited in duration to ninety (90) days from the date of delivery;
18.104.22.168. no oral or written information or advice given by MWEB, Third Party Proprietors, cPanel, its affiliates, licensees, dealers, sub-licensors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided above or implied by law.
8.3.4. To the maximum extent permitted by applicable law, neither MWEB, Third Party Proprietors nor cPanel will be liable for any lost profits, costs of procurement of substitute goods or services, damages for the inability to use Equipment or access data, business interruption, or for any other indirect, special, incidental, punitive or consequential damages arising out of or in connection with the Agreement, however caused, and under whatever cause of action or theory of liability brought (including, without limitation, under any contract, negligence or other tort theory of liability) even if we, Third Party Proprietors and/or cPanel have been advised of the possibility of such damages;
8.3.5. To the maximum extent permitted by applicable law, cPanel's aggregate liability for direct damages, (cumulatively) shall be limited to the total fees paid by you under the Agreement during the immediately preceding 12 (twelve) month period, provided, however, that for any breach of the limited warranty of clause 22.214.171.124 your sole and exclusive remedy and cPanel's entire liability shall be for cPanel, at cPanel's election and within their sole discretion, to use commercially reasonable efforts to supply you with a replacement copy of the cPanel Software that substantially conforms to the documentation supplied by cPanel; provided that you report any non-compliance with the limited warranty of clause 126.96.36.199 in writing to cPanel no more than 90 (ninety) days following delivery of the cPanel Software to you;
8.3.6. You may use the cPanel Software only on the Licensed Server;
8.3.7. 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 MWEB and the Third Party Proprietor or cPanel for any reason whatsoever;
8.3.8. You agree that MWEB or cPanel 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;
8.3.9. You agree that cPanel is a third party beneficiary of the Agreement with the full right to enforce the provisions hereof as they pertain to cPanel and the cPanel Software;
8.3.10. You agree and consent thereto that cPanel may in its sole discretion (i) monitor use of the cPanel Software; (ii) use its authentication system; and (iii) collect and use the cPanel Support Data as set forth herein;
8.3.11. You waive any and all claims (whether under law, equity or any other theory of liability) against MWEB, Third Party Proprietors and cPanel 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 cPanel disable or suspend access to the Third Party Software or cPanel Software as set forth herein;
8.3.12. You may verify the licensed or unlicensed status of the cPanel Software and obtain other information about the license applicable to the Licensed Server by using the cPanel License Verification System located at http://verify.cpanel.net/ or such other URL as cPanel may designate from time to time; and
8.3.13. You agree and consent hereby that without further notice to you, cPanel may use technological means, including the authentications system, to (a) monitor use of the cPanel Software as may be necessary to monitor for compliance with the terms of the Agreement; (b) collect language file modifications; and (c) collect cPanel Support Data. cPanel reserves the right to copy, access, store, disclose and use cPanel Support Data indefinitely in its sole discretion; provided, however, that in the event that cPanel collects information concerning which features of the cPanel Software are most often used by you, cPanel 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 cPanel Software.
8.3.14. The cPanel Software contains Third-Party Software the use of which requires your agreement to additional terms and conditions with respect to such Third-Party Software. The terms and conditions for such Third Party Software are located in their respective source files at /usr/local/cpanel/src/3rdparty/ arranged by license type and you agree to these license terms.