Untitled Document
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
THESE TERMS APPLY TO ALL MWEB VIRTUAL HOSTING SERVICES
VARIOUS PACKAGES
MWEB offers Virtual Hosting which allows customers to host without being limited thereto his/her/its information/data/application (collectively referred to as “Customer Data”), within MWEB’s hosting environment without a physical server.
DEFINITION
1.1 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.
1.2 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1 24 Hour Reboot Service means the additional Virtual Hosting service Customer can subscribe to at an additional Service Fees;
1.2.2 Initial Package means the initial Virtual Hosting Package selected by Customer in the Application Form and used to set up and configure the Virtual Server;
1.2.3 Data Centre means MWEB’s data centre situated at The Internet House, Greenacres Office Park, cnr Barry Hertzog/Rustenburg Roads, Victory Park, Johannesburg, Gauteng and/or any other address indicated by MWEB from time to time;
1.2.4 Data Traffic means any data traffic originating from the Virtual Server to the Internet and packets originating from the Internet to the Virtual Server;
1.2.5 HDD means hard disk drive;
1.2.6 RAM means random access memory;
1.2.7 VCPU means virtual central processing unit;
1.2.8 Virtual Server means a server existing within the Virtual Environment and comprising of HDD space, RAM and VCPU which MWEB will setup and configure in accordance with the Virtual Hosting Package selected by Customer in the Application Form, to enable the hosting of the Customer Database;
1.2.9 Virtual Environment means the hosting environment existing within the Data Centre wherein the server hardware/machinery/equipment are hosted which MWEB has designed and built in order to enable the setting up and configuration of the Virtual Servers required by various customers;
1.2.10 Virtual Hosting means the services contemplated in these Product Terms which MWEB renders to Customer in accordance with Virtual Hosting Package selected by Customer in the Application Form under such heading or description, whereby MWEB will: (i) allocate a Virtual Server within the Virtual Environment; and (ii) supply such ancillary/additional Virtual Hosting Services, as selected by Customer in the Application Form;
1.2.11 Operating Software means: (i) software that controls basic, low-level server hardware operations and file management, without the user thereof having to operate it or application software selected by Customer in the Application and rented to Customer by MWEB as indicated on the Application Form. Such rental of the Operating Software is additional to the Virtual Hosting service to which additional Service Fees will apply;
1.2.12 SPLA Software means software owned by Microsoft Corporation and supplied to MWEB by Microsoft Corporation in accordance with the provisions of the Service Provider License Agreement (“SPLA”), which SPLA Software is rented to Customer by MWEB in accordance with the provisions of these Product Terms. Such rental is an additional Virtual Hosting service to which additional Service Fees applies.
2. PAYMENT
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 and Conditions which service fees will (depending on the changes made by Customer during the course of each applicable month), consist of the additional fees set out in clause 2.2 below.
2.2 Customer shall in addition to the service fees set out above and if applicable, be charged the following additional fees:
2.2.1 resource usage including changes and/or additions made to Customer’s Virtual Hosting Package; and
2.2.2 a snapshot fee set out in the customer interface in myaccount;
2.2.3 additional Virtual Servers, which fee shall be set out in the customer interface in myaccount.
2.3 Any changes to the service (i.e increasing your RAM or the creation of additional Virtual Servers) will be billed with immediately effect, however, downgrades or deletion of additional Virtual Server will only be effected by midnight on the same day.
3. TERMS AND CONDITIONS SPECIFIC TO VIRTUAL HOSTING
3.1 MWEB will set up and configure the Virtual Server in accordance with the Virtual Hosting Package selected by Customer in the Application Form which set up and configuration will include the following:
3.1.1 allocation of the: (i) dedicated HDD space; (ii) VCPU; and (iii) RAM in accordance with the Customer’s selection in the Application Form;
3.1.2 allocation of an IP Address and/ or additional IP Addresses (if selected on the Application Form), for the Virtual Server in order to: (i) enable a connection from the Virtual Server to MWEB’s network; and (ii) enable and facilitate the transmission of Data Traffic as well as the provision of the relevant IP Address information (including IP gateway’s, DNS servers and subnet information), and Customer Identifiers to Customer;
3.1.3 installation of the Operating Software selected by Customer in the Application Form;
3.1.4 provisioning of the amount of Internet bandwidth in accordance with the Virtual Hosting Package selected by Customer in the Application Form; and
3.1.5 configuration of a unique VLAN (Virtual Local Area Network).
3.2 Customer will be allowed to have remote access to the Virtual Server and will if required, be allowed to load, upload and/or download any other software or application remotely on the Virtual Server.
3.3 Customer shall under no circumstances be entitled to have any physical access to the Virtual Server including the Data Centre.
3.4 MWEB will only provide Customer with remote access to the Virtual Server and Customer agrees (without limiting the applicability of the provisions of the Agreement), to subject himself/herself/itself to MWEB’s applicable Privacy Policy and Use Rules and Security Policy when accessing the Virtual Server.
3.5 MWEB will use reasonable endeavours to provide a smooth, uninterrupted electrical power supply to the Virtual Environment in order to sustain availability of the Virtual Server. Other than as specifically provided in these Product Terms, MWEB will not be liable for any loss or damage as a result of any interruption in the electrical power supply.
3.6 Customer is not allowed to downgrade the Virtual Hosting Package below the Initial Package.
3.7 Customer is allowed to add additional Virtual Servers at any time during the term of the Initial Period without affecting the length of the Initial Period.
3.8 All hardware additions and/or changes made by Customer via myaccount will only be uploaded after the reboot of the Virtual Server has been initiated by Customer.
3.9 Although he/she/it is allowed to add additional hard drive disk space at any time, no downgrade of the disk space will be allowed during the Initial Period including any automatic renewal thereof.
3.10 MWEB reserves the right to limit any of the additional Virtual Servers, RAM, VCPU or HDD pace required by Customer. Any additions and/or changes required and made by Customer as envisaged in clauses 3.7, 3.8 and 3.9 above are subject to MWEB’s approval.
3.11 The billing of any changes made in clauses 3.7, 3.8, 3.9 shall, notwithstanding the date on which such changes are initiated by Customer commence with effect from the date of such change.
3.12 The billing of any changes made in clauses 3.7, 3.8, 3.9 shall be charged on a daily basis regardless of whether Customer has utilized such changes and/or additions for a full day or part thereof.
3.13 Customer is responsible for managing the access to myaccount by his/her/its employees, consultants and/or agents (hereinafter referred to as the “Authorised Personnel”).
3.14 Customer is responsible for managing and/or controlling any changes and/or additions that could be made to his/her/its Virtual Hosting Package by his/her/its Authorised Personnel.
3.15 MWEB is under no obligation to verify the changes and/or additions made to Customer’s Virtual Hosting Package via myaccount by Customer including Customer’s Authorised Personnel. All such changes and/or additions to Customer’s Virtual Hosting Package will be deemed by MWEB as being correct, error free, fault free and required by Customer.
3.16 MWEB will not refund Customer and/or reverse the billing for any changes and/or additions which were made to his/her/its Virtual Hosting Package by any party including Authorised Personnel which are alleged by Customer to have been made incorrectly, in error and/or fraudulently.
3.17 MWEB will provide Customer with tools to take a snapshot of his/her/its Virtual Server. Customer acknowledges that:
3.17.1 MWEB does not warrant nor guarantee that the “snapshot” taken by Customer at any point in time will be free from any software errors and/or faults including without limitation data errors and/or faults. Customer is responsible for ensuring the correctness of any snapshot taken before utilizing such snapshot;
3.17.2 the snap shot is only valid for 3 (three) days or once used by Customer;
3.17.3 the snap shot will be automatically deleted after the expiry of 10 (ten) days or once used;
3.17.4 MWEB will apply a fee for the snapshot.
3.18 All the Customer Data uploaded and/or loaded in the Virtual Server by Customer remains Customer’s responsibility.
3.19 Customer is responsible for ensuring that the Customer Data uploaded and/or loaded on the Virtual Server does not affect the operation, functionality and/or availability of the Virtual Server including the hosting of such Customer Data.
3.20 MWEB is not responsible for the backing-up of any of the data on the Virtual Servers. All back-ups are the responsibility of the Customer.
3.21 The following conditions apply on a per hosted server basis (whether physical or virtual) for Virtual Hosting products provided with an uncapped traffic allowance:
3.21.1 The peak outbound traffic rate to the internet will be limited to 100Mbps, and the peak inbound traffic rate from the internet will be limited to 10 Mbps;
3.21.2 The peak outbound and inbound rates specified in 3.21.1 do not constitute a sustained throughput guarantee, only an upper limit. Actual throughput will be determined by prevailing network conditions influenced by such factors as time of day and the external networks being communicated with.
3.21.3 The outbound traffic usage for any particular calendar month must exceed that of the inbound traffic usage of the same month
3.21.4 The service shall not be used for the purposes of bulk downloading from the Internet by using the hosted server as a traffic proxy or tunnel relay
3.21.5 Failure to comply with 3.21.3 or 3.21.4 shall constitute a breach of the server hosting services with an uncapped traffic allowance.
3.21.6 Should the conditions specified in clause 3.21.3 or 3.21.4 not be rectified in the month subsequent to notifications by MWEB, MWEB reserves the right to terminate the service unconditionally.
4. OPERATING SOFTWARE (IF SELECTED IN THE APPLICATION FORM)
4.1 MWEB shall install the Operating Software in accordance with the specifications agreed upon by the Parties. For that purpose Customer agrees to supply MWEB with all the relevant information and co-operation required to enable MWEB to perform the installation.
4.2 The Operating Software is provided by MWEB in accordance with the inherent software license agreement attached to the applicable Operating Software and subject to the provisions of this clause 4. Customer will acquire such rights to the Operating Software, as allowed by such licensors/ licenses.
4.3 Customer acknowledges that MWEB will only install the Operating Software listed in the Application Form. The support of such Operating Software remains Customer’s responsibility.
4.4 MWEB will in its sole discretion, and without being under any obligation to do so, maintain and/or upgrade the Operating Software supplied and installed in terms of clause 4.1, 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. SOFTWARE
5.1 MWEB does not warrant and/or guarantee that any software, database and/or application required by Customer will function in the Virtual Environment.
5.2 MWEB will not be responsible for any software, database and/or applications installed, loaded and/or uploaded by Customer in the Virtual Server , including the licensing thereof (hereinafter referred to as “Unsupported Software”).
5.3 Customer agrees that any Unsupported Software contemplated in clause 5 required and loaded by Customer on the Virtual Server will be its own responsibility and is loaded at its sole risk and responsibility. The licensing of all such installed Unsupported Software shall be the sole responsibility of Customer. All Unsupported Software shall be licensed in accordance with the vendor’s software and/or application license agreements.
5.4 Customer will be solely responsible for all the maintenance and/or upgrades of the Unsupported Software, which will include any patches, updates and security updates/patches of whatever nature installed in terms of clause 5.3.
6. SPLA SOFTWARE (IF SELECTED IN THE APPLICATION FORM)
6.1 MWEB shall:
6.1.1 rent the SPLA Software to Customer in accordance with the provisions of the Microsoft End User Licence terms as set out in clause 9 below and the Virtual Hosting Product Terms;
6.1.2 only install the SPLA Software on the Computer System if Customer has selected this option in the Application Form;
6.1.3 manage the maintenance and upgrade of the SPLA Software on Customer’s behalf.
6.2 Customers use of the SPLA Software shall be in accordance with the provisions of clause 9 below.
6.3 The SPLA Software is never owned by Customer, but licensed to Customer for the duration of Virtual Hosting Product Terms through an arrangement that Microsoft Corporation has with MWEB.
6.4 Customer shall be bound by the terms and conditions related to the SPLA Software, which are contained in clause 9 below.
6.5 Upon termination of the Virtual Hosting Services, Customer right to access and use the SPLA will automatically terminate.
6.6 Where MWEB is not installing and managing the SPLA Software on Customer’s behalf, Customer shall indemnify and hold MWEB and Microsoft harmless from any claims arising as a result of: (i) improper installation of the SPLA Software on the Computer System; (ii) any software virus introduced by Customer; (iii) Customer’s including his/her/its employees, agents and/or contractor’s breach of the provisions of this Agreement; (iv) unauthorised installation, use, access, copying, reproduction and/or distribution of the SPLA Software. In addition, Customer shall be liable to MWEB and/or Microsoft Corporation for all damages, costs and expenses, including reasonable attorneys fees, resulting from Customer’s including his/her/its employees, agents and/or contractor’s continued distribution of an allegedly infringing SPLA Software after MWEB has notified Customer to stop.
7. VALUE ADDED SERVICES
7.1 MWEB will as part of the Virtual Hosting Services provide Customer with SMS and email alerts subject to the Virtual Hosting Product Terms.
7.2 MWEB will send Customer SMSs and/or email alerts from time to time, at its discretion, regarding:
7.2.1 the changes and/or additions made to Customer’s Virtual Hosting Package;
7.2.2 Data Traffic usage report. Customer acknowledges that the aforementioned usage report serves only as an estimate to the Data Traffic and Customer is advised not to rely on it as an exact report but to only to use it as a guideline on his/her/its traffic usage;
7.2.3 SMS and/or email alerts are dependent on other third party network operators, MWEB does not warrant nor guarantee the delivery of these SMS and/or email alerts to Customer.
7.3 MWEB will provide Customer with an “opt in” and “opt out” functionality which Customer shall use to confirm if he/she wishes to receive SMS and/or email alerts or to cancel the sending of SMS and/or email alerts.
7.4 Customer is responsible for updating his/her details for SMS and/or email alerts.
8. EFFECTS OF TERMINATION
8.1 In the event of termination of the virtual hosting services, Customer is responsible for ensuring that the Customer Data is retrieved from MWEB prior to the effective date of termination failing which, all Customer Data will be deleted.
8.2 Customer will not be granted access to the physical virtual environment and will need to remotely copy their data off their virtual server/s
8.3 The retried Customer Data will only be readable and/or accessible provided that a virtual hosting environment is utilized.
9. MICROSOFT END USER LICENCE FOR SPLA SOFTWARE (IF SUBSCRIBED TO)
9.1 Customer acknowledges that: (i) MWEB is duly appointed to license certain Microsoft software products to Customer in terms of a Microsoft Service Provider License Agreement entered into with the Microsoft Corporation; (ii) if Customer has selected any SPLA Software to be rented to it by MWEB, the terms and conditions set out below will apply to the rental of such Microsoft software products to Customer. These are the Microsoft Terms and Conditions:
“TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SPLA SOFTWARE”
This document concerns your use of Microsoft software, which includes computer software provided to you by MWEB as described below, and may include associated media, printed media, an “online” or electronic documentation (individual and collectively “Licensed Products”). MWEB does not own the Licensed Products and the use thereof is subject to certain rights and limitations of which MWEB needs to inform you. Your right to use the Licensed Products is subject to your Agreement with MWEB, and to your understanding of, compliance with and consent to the following terms and conditions, which MWEB does not have authority to vary, alter or amend.
1. DEFINITIONS
“Client Software” means software that allows a Device to access or utilise the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a Server.
“Software Documentation” means any end user document included with server software;
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
2. OWNERSHIP OF LICENSED PRODUCTS. The Licensed Products are licensed to MWEB from an affiliate of the Microsoft Corporation (“Microsoft”). All intellectual property rights in and to the Licensed Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music text and “applets” incorporated into the Licensed Products) are owned by Microsoft or its suppliers. The Licensed Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Licensed Products does not transfer any ownership of the Licensed Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE.You may use the Client Software installed on your Devices by MWEB only in accordance with the instructions, and only in connection with the services, provided to you by MWEB. The terms of this document permanently and irrevocable supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the services provided to you by MWEB, you may have access to certain “sample”, “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”).YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY RESTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO MWEB, WHICH TERMS MUST BE PROVIDED TO YOU BY MWEB. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by MWEB.
5. COPIES. You may not make copies of the Licensed Products, provided however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorised by MWEB; and (b) you make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with MWEB, upon notice from MWEB or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the Licensed Products.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Licensed Products, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Licensed Products to any third party, and you may not permit any third party to have access to and/or use the functionality of the Licensed Products except for the sole purpose of accessing the functionality of the Licensed Products in the form of software services in accordance with the terms of this agreement and any agreement between you and MWEB.
8. TERMINATION. Without prejudice to any other rights, MWEB may terminate your rights to use the Licensed Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with MWEB or MWEB’s agreement with Microsoft under which the Licensed Products are licensed, you must stop using and/or accessing the Licensed Products, and destroy all copies of the Licensed Products and all of its component parts.
9. NO WARRANTIES, LIABILITIES OR REMEMDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEMDIES, IF ANY, ARE PROVIDED SOLELY BY MWEB AND NOT BY MICROSOFT OR IT’S AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT. Any support for the Licensed Products is provided to you by MWEB and is not provided by Microsoft or its affiliates or subsidiaries.
11. NOT FAULT TOLERANT. THE LICENSED PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE LICENSED PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12. EXPORT RESTRICTIONS. The Licensed Products are of U.S. origin for purposes of U.S export control laws. You agree to comply with all applicable international and U.S. laws that apply to the Licensed Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
13. LIABILITY FOR BREACH. In addition to any liability you may have to MWEB, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.”