Legal Notices

PRODUCT TERMS: UNCAPPED HOSTING

1. 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:

1.1 “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 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.
1.2 “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;
1.3 “Demo Service” means the Services which will enable you to test the Website SelfBuild Service which will enable you to create a demo website but will not allow publication thereof;
1.4 “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;
1.5 “Domain Name” means the domain name that is the subject of the Domain Service, as selected by Customer on the Application Form;
1.6 “Domain Service” means the services MWEB renders to Customer in accordance with Customer’s selections, as indicated by Customer in the Application Form under such heading or description;
1.7 “FTP” means File Transfer Protocol being a method for sending a file to a location on a network via the internet;
1.8 “Functionalities” means any Website SelfBuild Service functionalities or features which are or may be incorporated into the Website SelfBuild Service from time to time;
1.9 “Mailbox” means the mailbox services MWEB renders comprising of an e-mail box on MWEB’s systems, including an e-mail address;
1.10 “Online Tool” means the Website SelfBuild Online Tool made available to you by us to create, build and where applicable publish, your Website;
1.11 “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.
1.12 “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 5.10 below;
1.13 “the Service” means the services provided under these terms collectively known as the Uncapped Hosting Services which shall comprise of (i) Domain Services; (ii) Mailbox; (iii) Shared Webhosting; (iv) Database Hosting and (v)Website SelfBuild;
1.14 “Service Website” means https://myaccount.mweb.co.za;
1.15 “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.
1.16 “Website SelfBuild Services” 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 Service 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 reapply for any of the individual products again.
2.3 The Uncapped Hosting service is provided by MWEB as one Service, therefore no linked services or pointing provided by a third party or another Internet Service Provider can be accommodated.
2.4 If you make use of the Demo Service then the full Uncapped Hosting Service 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. PAYMENT

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 In the event that Customer add: (i) Domain Names; (ii) Mailboxes and/or increase the Disk Space; (iii) Databases and/or increase the Disk Space, as envisaged in these terms, Customer shall pay MWEB the service fees specified on the Service Website and/or the Application Form in respect of such upgrades.
3.5 All upgrades shall be subject to MWEB approval which shall be communicated by activating the upgrades applied. 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.
3.6 MWEB is currently not charging Customer any service sees for the first .co.za Domain Name but MWEB shall charge Customer a fee for: (i) the first Domain Name if it is not a .co.za Domain Name; and (ii) all subsequent Domain Names.
3.7 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.
3.8 In the event of termination of the Services MWEB shall not be liable to refund the Customer 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 reasonable 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. For the avoidance of doubt, the Parties agree that Domain Name shall not become the property of MWEB.
4.3 Should the Domain Service 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 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 TUCOWS OpenSRS, to register all international Domain Names subject to the terms and condition of TUCOWS OpenSRS, as amended from time to time; (iii) registration, maintenance, 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 Customer hereby warrants in favour of MWEB that: (i) it is the lawfully entitled owner of Domain Name(s) or it 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.
4.6 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.

5. TERMS AND CONDITIONS SPECIFIC TO SHARED WEBHOSTING AND DATABASE HOSTING

5.1 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.
5.2 Subject to the other terms of this Agreement, the traffic allocation to Customer’s website and the Disk Space for hosting of the Website shall be uncapped.
5.3 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.
5.4 Should Customer reach the allocated database 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 Database Hosting package.
5.5 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.
5.6 MWEB undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
5.7 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.
5.8 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.
5.9 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.
5.10 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.
5.11 Notwithstanding the provisions of clause 5.10 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.
5.12 The licensing of all installed software, application and/or component contemplated in clauses 5.10 and 5.11 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.
5.13 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 5.10, 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.
5.14 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.
5.15 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.
5.16 In addition to MWEB’s Terms and Acceptable Use Policy contained in the General Terms, the following conditions apply:

5.16.1 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. 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.
5.16.2 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.
5.16.3 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.
5.16.4 All password protected archive (e.g. zip and rar) files are unacceptable.
5.16.5 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. TERMS SPECIFIC TO MAILBOX

6.1 You may have access to 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 2 Gig 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.

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 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 days after suspension or termination of your MWEB 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 account is suspended or terminated, 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 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 Service 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 is 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 the your created Website and Functionalities.
7.6 Certain aspects of the Website SelfBuild Service may be provided by upstream suppliers. Take note that these suppliers 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, development of your Website, but excluding any user content) shall be and remain the exclusive property of MWEB or the relevant authors, owners or licensors thereof ("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 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 of any person.
7.13 Subject to limitations allowed in law, MWEB and/or third party upstream suppliers 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 Application or any software or application; and/or (iv) infringement of Intellectual Property rights in using the Service and/or (v) any Uncontrollable Event, and 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 the website and using the 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.