Hosting Terms and Conditions
Subject to the terms and conditions of this memorandum, Specialized Graphics will provide Web Hosting services to any customer that enters into agreement with us. The type of services will depend on each customer's requirements and will be chosen based on customer requests and Specialized Graphics' recommendations.
The Web Hosting services that we offer is that of Hetzner (Pty) Ltd with whom we affiliate as a reseller and as a result of our agreement with them, all legal terms and conditions set out by Hetzner (Pty) Ltd automatically becomes binding on any customer that uses these services. Hetzner's legal notices can be viewed on their website here.
- Length of Service
Hosting services will be provided indefinitely until receipt of a written request for the termination of the service 30 days prior to the date of required termination, or as a result of termination of services by Hetzner for reasons specified under their terms of service.
- Service Start Date.
Service shall begin upon receipt of a password and username from Hetzner after having requested hosting services from Hetzner for a specific Domain name on the instruction of any customer. Receipt of payment of an initially agreed upon fee or receipt of an official purchase order, together with a completed Domain Name Registration Information Sheet will be accepted as sufficient instruction to initiate an order with Hetzner.
- Domain name registration or transfer
It is a pre-requisite of Specialized Graphics that the websites of our customers be hosted by Hetzner and that we be allowed to administer the hosting of your domain name and website on Hetzners servers.
If a customer already has a domain name registered with another organization, then it is required that the domain name and hosting be transferred to Hetzner. In order for this to be effected a transfer request procedure should be followed as outlined in a separate document here. As part of this procedure, it is required that a Domain Name Information Sheet be completed.
If a customer requires a new domain name to be registered it is also required that a Domain Name Information Sheet be completed. Upon receipt of such information and subject to the availability of the required domain name, we will initiate the registration.
- Domain name renewal
Domain name registrations are payable in advance and normally done for at least one year depending on the type of domain (.co.za, .org, .biz, .com, .de etc). Email notification of an upcoming domain renewal will be made prior to the required renewal date. Unless specific instruction to cancel the domain name renewal was received, the domain will automatically be renewed for an additional term and a bill will be issued for the fees involved.
- Length of Service
- Limitations of Service.
Specialized Graphics is not responsible for training a Customer or it’s employees on the use of their respective email clients. Notwithstanding this limitation, there are specific instructions for different email clients under the Help section of Hetzner's support website. Specialized Graphics is not responsible for troubleshooting email problems not directly related to the type of hosting services provided.
Specialized Graphics is not responsible for troubleshooting or correcting any problem with a customer being able to send or receive email to or from a third party due to blacklists, suppression lists, third party software or firewalls, network security settings or any other factor not directly under Specialized Graphics' control.
- Excessive Use of Services.
Specialized Graphics may impose an additional charge or a restriction of services at any time that a customer’s use of the Hosting Services imposes a considerable effect on Hetzner's resources or system performance. Specialized Graphics shall have sole discretion as to what constitutes excessive use and what activity is considered a violation of either the Acceptable Use Policy, or level of service that the Customer is currently using. Specialized Graphics is responsible for monitoring such excessive use for the account as a whole, but has no responsibility to identify a Customer’s individual end-user, employee, or other agent who may or may not be responsible for the excessive use of services. Excessive or over usage rates are specified on Hetzner's website.
- Anti virus, Trojan, and Malicious Code Disclaimer.
Hetzner's servers make use of enterprise class anti virus software in order to protect their servers and detect virus-infected email messages. Infected email messages will be removed or quarantined before it reaches it's addressee. Due to the nature of viruses, Trojans, and other malicious code dangers, Specialized Graphics makes no warranty that existing malicious detection software will detect, delete, or otherwise protect any customer from these dangers. Customers are responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments, and is encouraged to install anti virus software on all access points or computers using Hetzner's Hosting Services.
- Web Hosting Compensation.
Internet hosting fees are recurring and payable 30 days in advance on a monthly basis, payable on the first day of the month for which services are to be provided. These recurring payments are mandatory irrespective of having received an invoice or not. It is agreed that until and unless Specialized Graphics have received notification of a desire to cancel any or all hosting services being rendered, that those services will be billed on a recurring basis.
- Failure to make payments due
In the event that a customer fails to make any of the payments that become due, a notification will be emailed to the effect, with a request for payment within 7 days. Should payment not be forthcoming by the end of this period, Specialized Graphics shall have the right, but will not be obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) cancel or deactivate any services in effect, withdraw or delete any services that were provided or (3) bring legal action.
- Account Deactivation, Termination, or Cancellation.
Upon account deactivation, termination, or deletion, all stored files, logs, email messages, attachments, address book entries, mailing lists or other data stored on Hetzner's servers will be deleted immediately. Specialized Graphics has no obligation or responsibility to store a customer’s data after a customer’s account has been deactivated or terminated.
Specialized Graphics will exercise no control whatsoever over the content of the information passing through the network, email or web site.
- User Code of Conduct
Hosting services provided may only be used for lawful purposes. Any use of these services which violates any local, state, provincial or international laws which may apply to Specialized Graphics or any jurisdiction that your website may be subject to is strictly prohibited.
It is agreed that no unsolicited or prohibited advertising or other harassing or illegal materials will be transmitted through electronic mail, postings, or other Internet media. The use of our services or any other service with reference to services obtained through Specialized Graphics, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning. Users guilty of such conduct will be held fully responsible for any damages to themselves, Specialized Graphics, or any other party or parties.
While using the services provided by us, users are prohibited from doing any of the following:
- Restrict or inhibit any other user from using or enjoying the Internet;
- Post or transmit unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
All Customers shall indemnify and hold Specialized Graphics harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatever kind and nature that may be asserted, granted or imposed against Specialized Graphics. Specialized Graphics explicitly indemnify itself from claims arising as a result of using the facilities provided by Hetzner.
Specialized Graphics makes no warranties or representations of any kind, whether expressed or implied for the services it represents from Hetzner. The services are provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, and will not be responsible for any damages that may be suffered by anyone, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions.
Use of any advice or information obtained by way of Specialized Graphics is at the users own risk, and Specialized Graphics specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Specialized Graphics provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.
Under no circumstances shall Specialized Graphics be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from the use of or inability to use the service, or for third parties' use of the service to access the users Web space, or to access the Internet or any part thereof, or a users or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whatsoever.
If a user is dissatisfied with the services or any terms, conditions, rules, policies, guidelines, or practices of Specialized Graphics or that of Hetzner, the sole and exclusive remedy would be to discontinue using the service.
It is understood that by placing information on the servers of Hetzner that such information becomes available to all Internet users and that Specialized Graphics has no way of limiting or restricting access to such information or protecting such information from copyright infringement. A user assumes total responsibility and risk for the use of the servers of Hetzner and of the Internet. It is solely the responsibility of a user to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Specialized Graphics or on the Internet in general.
Connection speed represents the speed of an end-to-end connection. Specialized Graphics does not represent guarantees of speed or availability of end-to-end connections. Specialized Graphics expressly limits its damages to a user for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Specialized Graphics specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- Trademarks and Copy Rights
Customers using these services warrant that they have the right to use any applicable trademarks or copyrighted material used in connection with the services provided or for the publication thereof on their own web space provided by us.
- Refusal or discontinuance of service
Specialized Graphics reserves the right to refuse or discontinue service to anyone at it's sole discretion. Specialized Graphics may deny access to all or part of the services without notice if a user engages in any conduct or activity that Specialized Graphics in its sole discretion believes violates any of the terms and conditions of these terms and conditions. Specialized Graphics shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. It is agreed that Specialized Graphics has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its principals. Specialized Graphics reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
- Transfer of agreement.
If a customer contemplates whole or partial sale of it's business, ownership change, or change in jurisdiction, such user shall notify Specialized Graphics by mail, facsimile or e-mail timeously prior to the effective date of the event. Transfer of the agreement to the new owners will be possible, but will not be automatic, and will be subject to a separate agreement between the new owners and Specialized Graphics.
If any provision of this memorandum is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This memorandum and any disputes arising here under shall be governed by the laws of South Africa. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this memorandum shall not operate as a waiver of any such right or power.
Acknowledgement and agreement to be bound by the terms and conditions in this memorandum are implied at the moment that payment for services are made by a customer.