Terms of Service - Hosting & Domains

 
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Terms of Service - Hosting & Domains

Website Hosting and Domain Name Terms of Service

1. This Hosting Service Agreement is intended to run on a MONTHLY, QUARTERLY, SEMI-ANNUAL or ANNUAL BASIS ONLY, to protect both the integrity and liability of Rheid Communications and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Rheid Communications owns and operates Linux and Windows web hosting servers and network equipment in South Africa (ZAR) and the United States of America (USA).

2. Rheid Communications (the "Service provider") provides web hosting, domain registrations and related services to individuals, small to medium businesses, other web hosts (Resellers), web development / design firms and Internet Service Providers (ISPs) within Southern Africa and other selected countries. Rheid Communications's hardware is physically located in South Africa and the United States of America. Rheid Communications is to act as a neutral provider of these services to the Customer. The terms and conditions of this agreement and any rules and prices published on Rheid Communications's Web Site (http://www.rheid.com) constitute the entire and only agreement (collectively, the "Service Agreement") between Rheid Communications and the Customer (hereby defined as one who has an account with Rheid Communications for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.

3. Rheid Communications reserves the right to modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the services in its sole discretion, without prior notice.

4. Customer agrees to indemnify Rheid Communications against any liability for any and all use of Customer's account. Furthermore, Customer agrees to indemnify and hold Rheid Communications harmless from any claims and expenses, including reasonable attorney's fees, related to Customer's violation of the Service Agreement or Customer's direct or indirect damage to another party, support, CPanel Hosting Account Features and Data Backup.

5 a) All the account features listed on our pricing / offering page are provided on an as-is basis as part of the CPanel Software (cpanel.net). From time to time Cpanel, our NOC (Network Operations Center) or Rheid Communications may permanently or temporarily withdraw certain offerings on this list without notice due to security, instability concerns, server resources, abuse or any other reason that necessitates such changes.

5 b) Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain customer's account remotely through FTP accounts. Rheid Communications does not provide telephonic support. Rheid Communications provides email support and online helpdesk support only. All Rheid Communications's consultants and technicians work directly from Rheid Communications office in Boksburg, South Africa. Rheid Communications's Support System is based on the principle of "Complete Automation". Rheid Communications offers a DIY (Do-It-Yourself) Solution.

5 c) Because we offer a DIY (Do-It-Yourself) hosting concept, our support is limited to providing a hosting environment only. We do not support/or get involved with the development/ creation/ programming/ promotion or design of our clients sites. Each individual webmaster or web designer will be responsible for the design and development of their respective sites.

5 d) Rheid Communications is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Rheid Communications servers. Rheid Communications's tape back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as Customer's sole source of backup protection.

6. Customer agrees that he/she is at least 18 years of age. If the customer is not at least 18 years of age, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content. If a minor (a person under the age of 18) obtains an account through Rheid Communications without parental approval, this agreement does not become void.

7. CUSTOMER EXPRESSLY AGREES THAT USE OF RHEID COMMUNICATIONS SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER RHEID COMMUNICATIONS NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES RHEID COMMUNICATIONS OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER RHEID COMMUNICATIONS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

8. This Service Agreement is made in GAUTENG JOHANNESBURG, and shall be governed by and construed in accordance with the laws of the Republic of South Africa (RSA). Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within one (1) month after the claim or cause of action has arisen or be barred.Appropriate Use Policies.

9. Rheid Communications services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of RSA regulations, ordinances or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Rheid Communications reserves the right to remove such illegal material from it's server immediately. Rheid Communications expressly forbids anyone from using Rheid Communications's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Rheid Communications deems to be objectionable. The designation of any materials as such described is left entirely to the discretion of Rheid Communications.

10. Rheid Communications does NOT allow sites that provide points of distribution, or 'links' to the following types of sites:
1. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction.
2. Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Rheid Communications.
3. Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

11. Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.

12. Rheid Communications strictly prohibits e-mail harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. Rheid Communications does not allow unsolicited e-mail. This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail.

13. Any Customer that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will result in immediate account suspension. The Customer will then be requested to either reduce the resource use to an acceptable level or pay for the additional hardware or the resource needed to compensate. Rheid Communications shall be the sole arbiter of what is considered to be a high server usage level.

14. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

15. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

16. Use of illegal or copyright material on any Web page or other distribution mechanism used in conjunction with the Customer's account, will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under South Africa's local, Provincial, State or Constitutional laws. If "illegal material" was submitted by a client of the Customer without Customer's knowledge, this Service Agreement will remain in effect if the Customer removes the "illegal material." ny use of Rheid Communications's systems that disrupts the normal use of the system for other Rheid Communications customers is considered to be abuse of Rheid Communications services and is grounds for termination of this Service Agreement. Some examples of abuse include (not limited to) spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as mass e-mailings (spam) which may result in retaliatory actions against Rheid Communications's systems.

17. Depending upon the nature and severity of any abuses, the Customer may receive an e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.

18. If, in Rheid Communications's sole discretion, the nature and severity of any abuses is severe enough, Rheid Communications may terminate the Service Agreement immediately without written notification prior to termination. This may also be subject to a reconnection fee, however Rheid Communications reserves the right to deny all future access upon termination.

19. Rheid Communications's Service is intended to be resold to the end-user only.

20. Violation of any of Rheid Communications's rules and regulations could result in a warning, suspension, or possible account termination.

21. Rheid Communications reserves the right to suspend or cancel a Customer's (hereby defined as one who has an account with Rheid Communications) access to any or all services provided by Rheid Communications when Rheid Communications decides that the account has been inappropriately used.

Payment Policy and Domain Registration.

22. Customers located outside of the RSA must either use a system of payment issued within South Africa. i.e South African RANDS (ZAR) or United States Dollar (USD$). Customers within South Africa must use the South African Currency (RANDS) to pay for their services.

23. Payment is based on a MONTHLY, QUARTERLY, SEMI-ANNUAL or ANNUAL BASIS, depending on selection and products or services. You will be invoiced contiuosly on the recurring anniversary date of the relevent billing cycle. ie; if your account was activated on the 3rd of May and you selected monthly billing, you be immediately billed for the first month, and then every 1st day of the months to follow. Late payment may result in the possible suspension or even cancellation of customer account. A Reconnection fee of R75 will apply if an account was SUSPENDED due to late payment. A Reconnection fee of R225 will apply if an account was DELETED due to late payment. It is the Customer's sole responsibility to make sure that payment is received in a timely fashion.

24. Rheid Communications's does not offer any Money-Back Guarantee.

25. Accounts which are delinquent will be placed on "administrative hold" or suspension and may not be used or accessed. Any account that is delinquent for thirty (30) days will have all files purged from all Rheid Communications servers and the customer's account will then be terminated.

26. Any Customer whose services are terminated or suspended will be asked to pay a reconnection fee to restart the account. Reconnection fee for suspended accounts is R75.00. Reconnection fee for accounts that have been terminated is R225.00.

27. At present, only direct bank deposit, internet transfer's and major credit cards are accepted as forms of payment.

Cancellation

28. Rheid Communications reserves the right to cancel any service at any time for any reason. No refunds are given for the remainder of any billing cycle, under any circumstances.

29. Customer retains the right to cancel the use of Rheid Communications Service by providing 30 days written notice of intent to cancel. The written cancellation can e-mailed, but must be followed by a faxed, posted or hand delivered written request. The cancellation request must include the following information to be valid; Primary Contact of the account, account name, reason for cancellation, current account password. The Postal Code of the primary contact must also be included. Written cancellation requests must be e-mailed to accounts@rheid.com , followed by a faxed copy of the cancellation request to 0866549218 .

30. Once a cancellation request is received, the remaining billing cycle will pass before the package is cancelled and finally terminated. This final billing cycle will be charged to the customer and any and all administration fees incurred during processing the package cancellation, and termination, are for the customers account. Any such fees will be included in the final customer invoice.

31. Where domain transfers are applicable for a cancelled hosting account, the domain name will not be released until any and all outstanding amounts are paid in full and the 30 days notice period has passed. In the event of a dispute pertaining to a domain name, the relevant domain registrars dispute resolution policies will apply and any fees for said dispute resolution are to be paid by the customer.

32. Rheid Communications acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. Rheid Communications agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly of indirectly, by Rheid Communications to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of such information or any part thereof is hereby transferred to Rheid Communications.

33. Any customer lists and/or other information concerning the Customer's clients are the sole and exclusive property of the Customer. Rheid Communications shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the clients or prospective clients of the Customer with respect to any of the services, products, trade secrets or other matters of the Customer. In addition to maintaining confidentiality of all matters as imposed herein above, Rheid Communications agrees to keep in the strictest of confidence any information acquired by Rheid Communications during the course of its dealings with the Customer about any of the Customer's clients, including but not limited to contents of related databases.

34. Nothing contained herein shall be construed to place the parties (Customer and Rheid Communications) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever.

35. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.

36. Each party (Customer and Rheid Communications) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all provincial and local laws governing this transaction.

37. Rheid Communications is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Rheid Communications servers. Rheid Communications's tape back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as Customer's sole source of backup protection.

38. Rheid Communications is not responsible for any damages your business may suffer. Rheid Communications makes no warranties of any kind, expressed or implied for services we provide. Rheid Communications disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Rheid Communications and it's employees. Rheid Communications reserves the right to revise it's Service Agreement at any time without prior notification.

39. Rheid Communications reserves the right to revise it's Service Agreement at any time without prior notification.

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