Terms of Service
These Terms of Service (the “Agreement”) are a contract between you and SAwebhost.com, (trading as DNS Enterprises) (“SA WEBHOST”, “us”, or the “Company”) (“User” or “you” or “your”). This Agreement governs your use of SA WEBHOST’s products and services, as well as the SAwebhost.com website (collectively, the “Services”). You agree to be bound by this Agreement by using the Services. You are not authorized to use or access the Services if you do not agree to abide by the terms of this Agreement.
Additional terms may apply to specific Services and are incorporated herein by reference. For instance, if you register a domain name with us, you will also be bound by the Domain Registration Agreement, which will be incorporated herein.
Eligibility for Accounts
You represent and warrant that, by registering for or using the Services, you are at least eighteen (18) years of age. The Services are available to Users who are at least eighteen (18) years of age. Anyone under the age of eighteen (18) is not authorized to register for, use, or access the Services, and does so in violation of this Agreement.
If you use the Services on behalf of another party, you represent and warrant that you are authorized to bind such other party to this Agreement and to act on its behalf with respect to any actions you take in connection with the Services.
You are responsible for providing accurate, current, and complete information on the registration forms, including an email address that is distinct from the domain for which you are signing up. If there is ever a problem with abuse or if we need to contact you, we will use the primary email address on file. It is your responsibility to maintain accurate, current, and complete contact information for your account, including any domain accounts. SA WEBHOST is not liable for any lapses in the Services, including but not limited to any lapsed domain registrations as a result of outdated contact information associated with the domain. If you need to verify or update your contact information, you can do so through the SA WEBHOST Billing and Support Portal. False contact information of any kind may result in your account being terminated. When purchasing a dedicated server or in certain other circumstances, you may be required to provide government-issued identification as well as a scan of the credit card used for verification. If you do not provide the requested information, your order may be denied.
You agree to be fully responsible for all activities that occur under your account and for any actions taken under your account. You are responsible for maintaining the confidentiality of your password and other account security information.
IP justification may apply to any dedicated IP order in addition to those included with a hosting package. IP justification practices are subject to change in order to remain compliant with the Registry for Internet Numbers’ policies. We reserve the right to deny any dedicated IP request if the justification is insufficient or if the requested IP is already in use.
Unless otherwise specified, the Service and any data you provide to SA WEBHOST are hosted in the South Africa (RSA), said server placed at Afrihost Server Center.
Our Transfers Team will do everything possible to assist you in transferring your website to us. Transfers are offered as a courtesy. We make no guarantees about the availability, possibility, or duration of an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which makes migrating some or all account data extremely difficult, if not impossible. In some instances, we may be unable to assist you with data transfer from an old host. The complimentary transfer service is available for thirty (30) days from the date of sign-up. Outside of the thirty (30) day period, transfers will incur a fee; please contact a member of our Transfers department for a quote. SA WEBHOST shall not be liable for any lost or missing data or files as a result of a transfer to or from SA WEBHOST. In all circumstances, you are solely responsible for backing up your data.
Content on SA WEBHOST
Except for User Content (as defined below), all content made available via the Services, including images made available via SA WEBHOST-provided website builder tools (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively with Except as expressly permitted in this Agreement, no SA WEBHOST Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any SA WEBHOST Content, whether directly or indirectly.
To the extent permitted by law, you are granted a non-exclusive, limited, revocable license to use the Licensed Images solely in connection with the Services. It is prohibited for you to use any Licensed Images: I in connection with pornographic, defamatory, or unlawful content or in a manner that infringes on the trademark or intellectual property rights of a third party; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in an offensive manner, including but not limited to portraying a Model: (a) in connection with pornography,
Any use of SA WEBHOST Content that is not expressly permitted herein is prohibited and will result in the automatic termination of your rights to use the Services and any SA WEBHOST Content. All rights not expressly granted in this Agreement to use SA WEBHOST Content are reserved by SA WEBHOST and its licensors.
User Contributed Content
On or through the Services, you may be able to upload, store, publish, display, and distribute data, text, photos, videos, emails, and other content (collectively, “User Content”). The term “User Content” refers to material posted by you or by users of any of your websites hosted via the Services (“User Websites”). You are solely responsible for all User Content, as well as any transactions or other activities that occur on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to SA WEBHOST that I you possess all necessary rights to post or distribute such User Content and (ii) such posting or distribution does not infringe or violate the rights of any third party.
You hereby grant to SA WEBHOST a non-exclusive, royalty-free, worldwide right and license to: I use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) create archival or backup copies of User Content and User Websites. Except for the express rights granted herein, SA WEBHOST does not acquire any right, title, or interest in or to the User Content, which remains solely your responsibility.
SA WEBHOST has no control over, and accepts no responsibility for, User Content or information passing through SA WEBHOST’s computers, network hubs and points of presence, or the Internet. SA WEBHOST is not responsible for monitoring User Content. You acknowledge and agree, however, that SA WEBHOST may, but is not obligated to, immediately take corrective action in its sole discretion, including without limitation the removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without notice if you violate the terms of this Agreement. You agree that SA WEBHOST shall bear no liability for any corrective action taken by SA WEBHOST.
Adherence to Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation, all local rules applicable to User Content, User Websites, and online activities, et cetera.
Conformity with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation, all local rules applicable to User Content, User Websites, online activities, email, and your use of the Services, regardless of where you reside or your organization is located. More precisely, but not exclusively, you agree to comply with all applicable laws governing the export and import of technical data to and from the United States or the country in which you reside. We control and operate the Services from our offices in the United States (although we may share data with third parties located throughout the world to assist us in providing the Services, as described in greater detail in our Privacy Notice), and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own risk and are fully responsible for compliance with all applicable local laws. We do not provide the Services in jurisdictions where they are prohibited by law.
Products and Services from Third Parties
Providers of Third Party Services
SA WEBHOST may offer certain products and services from third parties. These products and services may be subject to the third-party provider’s terms and conditions. Discounts, promotions, and special third-party offers may be subject to additional terms and conditions imposed by the third-party provider. You should always verify the terms of any purchase and use of goods or services directly with the third party provider with whom you are dealing.
SA WEBHOST makes no representations or warranties about the quality, availability, or timeliness of goods or services provided by a third party provider and is not liable for them. All transactions with these third-party providers are conducted at your own risk. We make no representations or warranties about the accuracy or completeness of any information pertaining to third-party providers. SA WEBHOST is not acting as your agent, representative, trustee, or fiduciary in any transaction.
As a Reseller or a Licensor, SA WEBHOST
SA WEBHOST may act as a reseller or licensor in connection with certain third-party services, hardware, software, and equipment used in connection with the Services (“Non-SA WEBHOST Products”). SA WEBHOST shall not be liable for any changes to the Services that result in the obsolescence, modification, or alteration of any Non-SA WEBHOST Products, or otherwise impair the performance of the Services. Any malfunction or manufacturer’s defect in Non-SA WEBHOST Products that SA WEBHOST sells, licenses, or provides to you will not constitute a breach of SA WEBHOST’s obligations under this Agreement. Your rights and remedies with respect to the ownership, licensing, performance, or compliance of any Non-SA WEBHOST Product are limited to those granted to you by the manufacturer of such Non-SA WEBHOST Product. You may use any Non-SA WEBHOST Product provided by SA WEBHOST solely in connection with your use of the Services in accordance with the terms of this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-SA WEBHOST Product, or to use it for any purpose other than those permitted by the Services. You agree not to resell, transfer, export or re-export any Non-SA WEBHOST Product or any technical data derived from it in violation of any applicable law, rule, or regulation.
Websites Managed by Third Parties
The Services may contain links to third-party websites that are not owned or controlled by SA WEBHOST (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items owned or originated by third parties (“Third Party Content”). We are not liable for any Third Party Sites or Third Party Content that may be accessed via the Services. We do not investigate, monitor, or check Third Party Sites or Third Party Content for accuracy, appropriateness, or completeness. If you access Third Party Sites or access or use Third Party Content, you do so at your own risk and should be aware that our terms and policies no longer apply. You should review the terms and policies of any third party, including the privacy and data collection practices of any website to which you navigate.
Individuals Who Are Prohibited (Countries, Entities, And Individuals).
Regardless of the installation method, it is your responsibility to ensure that scripts/programs installed under your account are secure and directory permissions are set properly. When possible, set the permissions on the majority of directories to 755 or a more restrictive value. Users are ultimately accountable for all activities conducted through their account. This includes the theft of user names and passwords. You must use a secure password. If you use a weak password, your account may be suspended until you agree to change it to a more secure one. Audits may be conducted to prevent the use of weak passwords. If an audit reveals that your password is weak, we will notify you and give you time to change or update it before suspending your account.
The Services, including all associated equipment, networks, and network devices, are provided on an as-is basis. SA WEBHOST may monitor our systems, but is not obligated to do so, for a variety of reasons, including ensuring that use is authorized, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational security. Information may be examined, recorded, copied, and used for authorized purposes during monitoring. By using the Services, you consent to such monitoring.
Any account discovered connecting to a third-party network or system without the third-authorization party’s will be suspended. Access to networks or systems not under your direct control requires the third party’s express written consent. SA WEBHOST reserves the right to request documentation demonstrating your authorization to access a third-party network or system.
Any account that generates an abuse report may be terminated and/or have service access suspended. If you do not immediately remove malicious content from your account after SA WEBHOST notifies you of an issue, we reserve the right to disable service access.
SA WEBHOST reserves the right, without prior notice, to migrate your account between data centers to comply with applicable data center policies, local law, or for technical or other reasons.
POPI Notice. You need to be in compliance with POPI.
You alone are responsible for complying with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be suitable for storing or controlling access to sensitive data, such as information about children or medical or health records. SA WEBHOST has no control over or oversight of the information or data that you store on or transmit via the Services.
Congruence with the Services
You agree to fully cooperate with SA WEBHOST in connection with the provision of the Services by SA WEBHOST. It is entirely your responsibility to provide any necessary equipment or software for your use of the Services. To the extent that any of our obligations under this Agreement are contingent on your performance of your obligations, SA WEBHOST is not liable for any delays caused by your failure to perform your obligations on time.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software that SA WEBHOST uses to provide the Services, which may change from time to time at SA WEBHOST’s sole discretion.
You are solely responsible for maintaining a backup of all User Content, including but not limited to any User Websites. SA WEBHOST makes no guarantee that any User Content will be backed up, and you agree to accept the risk of losing any and all User Content.
Payment and Billing Information
It is your responsibility to keep your payment information current and to make timely payments on all invoices. You agree to pay for the Services in advance of the time period for which they are rendered. Payments received will be applied first to the oldest outstanding invoice in your billing account, subject to applicable laws, rules, and regulations.
Unless otherwise specified, you agree that until you notify SA WEBHOST of your desire to cancel the Services, you will be billed on an automatically recurring basis using your credit card or other billing information on file with us.
All invoices must be paid within ten (10) days of the due date specified on the invoice. If an invoice remains unpaid for more than ten (10) days, Services may be suspended or terminated. Until payment is received, access to the account will not be restored. If you do not pay the fees specified herein, SA WEBHOST may suspend or terminate your account and pursue collection costs incurred by SA WEBHOST, including, but not limited to, any arbitration and legal fees, and reasonable attorneys’ fees. Customers with an unpaid balance on their account will not be able to place new orders or upgrade their packages.
If you do not make a timely payment, your dedicated server may be reclaimed and all content deleted. We do not automatically reactivate dedicated servers in the event of a late payment. To reactivate the dedicated server following a late payment, contact SA WEBHOST directly.
Domain renewal notices are provided as a courtesy reminder, and SA WEBHOST is not liable for a customer’s failure to renew a domain or for a customer’s failure to receive notification of a domain’s renewal. Renewals are billed and completed thirty (30) days prior to the expiration date.
It is a violation of this Agreement if you use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method in an unauthorized or fraudulent manner. SA WEBHOST reserves the right to report any such misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies, as determined in SA WEBHOST’s sole discretion.
Disputes Over Invoices.
You have ninety (90) days from the date of the charge or payment to dispute any charge or payment processed by SA WEBHOST. Please contact our billing department if you have any questions about a charge on your account.
Security Standard for the Payment Card Industry Disclaimer.
SA WEBHOST adheres to the Payment Card Industry Data Security Standard (“PCI Standard”) when collecting and processing customer data and billing information. However, you are solely responsible for the security of your User Website’s data and billing information. SA WEBHOST does not monitor User Websites for PCI compliance and is unable to verify compliance with the PCI Standard.
SA WEBHOST’s managed shared hosting services are covered by a 45-day money-back guarantee.
If you are dissatisfied with these hosting services and cancel your account within forty-five (45) days of signing up for the Services, you will receive a full refund of the hosting fee.
This money-back guarantee applies only to hosting fees; it does not apply to domain registrations, administrative fees, installation fees for custom software or other setup fees, or any other fees for additional services.
Refunds and Cancellations.
Method of Payment.
No refunds will be issued if you pay via bank wire transfer, Western Union, check, or money order. If you make a payment via one of these methods, any applicable credit will be applied to your hosting account rather than a refund.
Eligibility for a Refund.
Refunds are only available to new accounts. For instance, if you previously had an account with us, cancelled it, and re-registered, or if you created a second account with us, you will not be eligible for a refund. Violations of this Agreement void your refund rights.
Non-refundable Commodities and Services.
There are no refunds for dedicated servers, administrative fees, or custom software installation fees. Please note that domain refunds will be considered only if the domain was purchased in conjunction with a hosting package and will be issued at the sole discretion of SA WEBHOST. Refunds for domain names will be reduced by the gTLD’s market value. ccTLD purchases are non-refundable.
Procedure for Cancellation.
You may terminate or cancel the Services by submitting a written notice to SA WEBHOST via email. In such event, you will be responsible for all fees and charges accrued prior to the effective date of the cancellation, and (ii) SA WEBHOST may, in its sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effective date of the cancellation (i.e. no partial month fees will be refunded), less any setup fees, applicable taxes, and any discouragement fees.
We require that all cancellations be submitted via email in order to (a) verify your identity, (b) confirm in writing that you are willing to have all of your files and emails deleted, and (c) document the request. This procedure is intended to minimize the likelihood of errors and fraudulent/malicious requests, as well as to make you aware that your files, emails, and account may be deleted immediately and permanently following the processing of a cancellation request.
Cancellations of shared and reseller accounts will take effect on the renewal date of the account.
Renewals of Domain Names.
Renewals of domain names are billed and completed thirty (30) days prior to the renewal date. It is your responsibility to notify SA WEBHOST of any domain registration cancellation at least thirty (30) days prior to the renewal date by emailing us. Once a domain is renewed, no refunds will be issued. All registrations and renewals of domain names are final.
Domain Name Registration Fees.
If your plan includes a free domain name and you cancel within one year, we will deduct our standard domain name fee of R180 (plus any applicable taxes) from your refund (the “Domain Name Fee”).
Foreign Exchange Rates.
Exchange rate fluctuations are a constant and unavoidable part of international payments. All refunds are made in ZAR and are calculated using the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation, and SA WEBHOST is not liable for any exchange rate fluctuations between the time of payment and the time of refund.
SA WEBHOST may immediately terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, if you fail to pay any fees due hereunder to SA WEBHOST; (ii) you violate the terms and conditions of this Agreement; or (iii) your conduct may cause harm to SA WEBHOST or others, or cause SA WEBHOST or others to incur legal liability. In such an event, SA WEBHOST will not refund any fees paid in advance of the termination date, and you will remain liable for all fees and charges accrued prior to the termination date.
Policy on Acceptable Use.
Disk space is intended for use in accordance with SA WEBHOST’s Acceptable Use Policy and is limited to web files, active email, and user-created websites. Shared hosting space may not be used for storage of any kind, including but not limited to media, emails, electronic files stored offsite, or FTP hosts. SA WEBHOST expressly reserves the right to review each shared account for excessive CPU, disk space, and other resource consumption that may result from a violation of this Agreement or the Acceptable Use Policy. SA WEBHOST reserves the right, in its sole discretion, to terminate access to the Services, to charge additional fees, or to remove or delete User Content from accounts found to be in violation of SA WEBHOST’s terms and conditions.
Server Resources Are Excessive.
SA WEBHOST’s resources must be used in a manner consistent with a shared hosting environment and in accordance with the terms of this Agreement. Accounts with a high file count can have a negative impact on server performance. Similarly, accounts with an excessive number of database tables (over 5000) or a large database size (over 10GB total database usage or 5GB database usage in a single database) have a negative impact on the server’s performance. If you exceed these limits, SA WEBHOST reserves the right to request that you decrease the number of files/inodes, database tables, or total databases to ensure optimal server performance. SA WEBHOST reserves the right, with or without notice, to terminate your account for excessive resource usage that results in a degradation of server performance or the Services.
Shared servers do not have a bandwidth cap.
If your shared server experiences physical downtime that exceeds the 99.9 percent uptime guarantee, you may be eligible for a one (1) month credit on your account. This uptime guarantee excludes scheduled maintenance. SA WEBHOST reserves the right to approve or deny any credit at its sole discretion and may be contingent upon the justification provided. Third-party monitoring service reports may not be used as justification for a variety of reasons, including the monitor’s network capacity/availability of transit. The server’s uptime is defined as the time period between operating system and Apache Web Server reports, which may differ from the time period reported by other individual services. To request a credit, please email us within thirty (30) days of the end of the month for which you are requesting a credit with justification. Guaranteed uptime applies only to shared solutions.
Marketing via email
No bulk email marketing is allowed from SA WEBHOST servers. For bulk email marketing you need to sign up for a 3rd party email service such as http://tinyurl.com/od53otv
SA WEBHOST reserves the right to modify or discontinue any service at any time. We will notify you at least thirty (30) days in advance of any price changes to annual or longer term plans. It is solely your responsibility to review billing information provided by SA WEBHOST via the user billing tool or other means of communication, such as notices sent or posted by SA WEBHOST.
Discounts and coupon codes are only available to new accounts or first-time customers and cannot be applied to the purchase of a domain registration, unless otherwise specified. If you previously registered for a domain using a coupon, you may not register for that domain using another coupon at a later date. Any account found to be in violation of these policies will be reviewed by our Sales department, and the appropriate charges will be applied. Coupon abuse will not be tolerated and may result in your account being suspended or terminated. All coupons and discounts apply to the initial purchase only and do not apply to renewal or recurring charges.
SA WEBHOST, ITS DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES, OR OTHER THIS IS AN ALL-INCLUSIVE LIMITATION. THIS LIMIT WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER.
You agree to indemnify, defend, and hold harmless SA WEBHOST, our affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, restitution). This section’s terms will survive the termination of this Agreement.
SA WEBHOST and User are independent contractors, and nothing in this Agreement creates a principal-agent, partnership, or joint venture relationship between them. Neither party has the authority, expressly or impliedly, or may represent itself as having, to make contracts or enter into agreements in the other party’s name, or to obligate or bind the other party in any way.
Governing Law; Judicial Authority
Any controversy or claim arising out of or relating to this Agreement, its formation, or its breach, including any claim based on an alleged tort, shall be governed by South African law. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
SA WEBHOST shall not be liable for any damages sustained by your business. SA WEBHOST makes no express or implied warranties about the Services. SA WEBHOST expressly disclaims any warranty of merchantability or fitness for a particular purpose, including data loss caused by delays, delivery failures, incorrect deliveries, and any and all service interruptions caused by SA WEBHOST or our employees.
Backups and the Risk of Data Loss
You are solely responsible for your use of the Services. SA WEBHOST’s backup service is scheduled to run once a week and will overwrite any previous backups. At any given time, only one week’s worth of backups are retained. This service is provided as a courtesy to shared and reseller accounts and may be modified or terminated at SA WEBHOST’s sole discretion at any time. Dedicated accounts are not backed up by SA WEBHOST. SA WEBHOST is not liable for any files or data stored on your account. You agree to bear complete responsibility for all files and data transferred and to keep all necessary backups of files and data stored on SA WEBHOST’s servers.
Any shared account that exceeds 20 gigabytes of disk space will be dropped from our weekly off-site backup, with the exception of databases, which will continue to be backed up. All data will continue to be mirrored to a secondary drive, assisting in the prevention of data loss in the event of a drive failure.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) applies to your use of the Services and is incorporated into SA WEBHOST’s Terms of Service by reference. Unless otherwise specified, all terms defined in this AUP have the same meaning as in the Terms of Service. SA WEBHOST reserves the right to modify this AUP at any time and without notice.
SA WEBHOST’s Services may only be used for lawful purposes. You agree to abide by all applicable laws, rules, and regulations when using the Services. SA WEBHOST reserves the right, in its sole discretion, to refuse service to anyone. Any material or conduct that violates this AUP in any way, in our opinion, may result in the suspension or termination of the Services or the removal of content with or without notice.
If you do not respond to a communication from our abuse department within the time period specified in our communication to you, the Services may be suspended or terminated.
You may not use the Services directly or indirectly in connection with any of the following, as determined solely by SA WEBHOST:
You may not use the Services to publish content or engage in activity that is illegal under applicable law, harmful to others, or would expose SA WEBHOST to liability, including, but not limited to, the following, which are all prohibited by this AUP:
Disclosing others’ highly sensitive personal information;
Storing personally identifiable or sensitive information, including, but not limited to, “Protected Health Information”
Phishing or identity theft;
Distributing malicious software such as computer viruses, worms, Trojan horses, or other malicious code;
Facilitating or promoting prostitution or sex trafficking;
Hosting ponzi or pyramid schemes, as well as websites that use illegal or deceptive marketing techniques;
Hosting, distributing, or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be immediately and indefinitely suspended and reported to law enforcement or the National Center for Missing and Exploited Children);
Engaging in the illegal distribution of controlled substances, illicit drugs, or prescription medications (including, but not limited to, the promotion, marketing, or sale of prescription medications without a valid prescription);
promoting or facilitating acts of violence or terrorism; or
Infringing on another person’s intellectual property or other proprietary rights.
Excessive Resource Consumption or Network Abuse
You may not consume an excessive amount of server or network resources or otherwise use the Services in a way that adversely affects server performance or disrupts service to other customers. Activities that are prohibited because they contribute to excessive use include, but are not limited to:
Hosting or establishing a connection to an anonymous proxy server;
Maintaining a file-sharing website;
Hosting scripts or processes that cause our systems to malfunction; or
Through the use of software that connects to an Internet Relay Chat (IRC) network.
Unauthorized Access to the System
You may not use the Services directly or indirectly to gain unauthorized access to any network or system, including but not limited to
Unauthorized access to another network, including probing or scanning for vulnerabilities or breaching security or authentication measures;
Attacking other networks (e.g., through the use of botnets or other automated systems to launch Denial of Service (DoS) or other types of attacks);
Without authorization, intercepting or monitoring data; or
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm, or methodology to use, access, copy, index, acquire information, generate impressions or clicks, input or store information, search, generate searches, or monitor any portion of SA WEBHOST’s website or servers for any unavoidable reason.
Your hosting account may not be used as a backup solution. Our Services are intended for the sole purpose of hosting your website and may not be used as a data repository. SA WEBHOST reserves the right, with or without notice, to delete backups from your hosting account.
Spam Policy: ZERO TOLERANCE
Any user account that contributes to or results in the blacklisting of our IP space will be immediately suspended and/or terminated.
It is prohibited to forge or misrepresent message headers.
Spam-advertised websites (i.e. “Spamvertised”) are not permitted to be hosted on our servers.
You may not sell contact lists or send email to lists that you have purchased (i.e. “Safe Lists”).
You may not use the Services to send unsolicited bulk messages or spam. We reserve the right to suspend or terminate the account of any user who sends spam, with or without notice.
Any violation of this AUP may result in the suspension or termination of your Services with or without notice. Any violations may result in your account being immediately suspended or terminated.
SA WEBHOST reserves the right to disable or remove any content that violates this AUP, including to protect others, SA WEBHOST, or the Services, as determined solely by SA WEBHOST.
Violations will be reported to law enforcement at the sole discretion of SA WEBHOST.
In the event that you do not respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, your Services may be suspended or terminated.
In general, websites hosted on SA WEBHOST’s servers in the United States are governed by United States law. SA WEBHOST, as a web host, is not the publisher of user-generated content and is therefore unable to investigate the veracity of individual defamation claims. Rather than that, we rely on the legal system and courts to determine what constitutes defamatory material. If a court of competent jurisdiction, in SA WEBHOST’s sole discretion, orders the removal of material, SA WEBHOST will disable access to that material.
Despite the foregoing, SA WEBHOST users are responsible for complying with applicable local laws, including but not limited to those governing defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. SA WEBHOST reserves the right to consider local legal requirements and to respond appropriately in its sole discretion.
SA WEBHOST reserves the right to enforce this AUP at its sole discretion.
Notification of Violations
Please email email@example.com to report a violation of SA WEBHOST’s Acceptable Use Policy. Please send an email to firstname.lastname@example.org to report an infringement of intellectual property or other proprietary rights.
Regardless of whether we are liable for such infringement under domestic or international law, we may respond to these notices by removing or disabling access to allegedly infringing material and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good faith effort to contact the owner or administrator of the affected site or content to allow for a counter notification.
Additionally, we may record notices of alleged infringement on which we act. As is the case with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may distribute it to the public.
To ensure that copyright owners do not incorrectly demand the removal of materials that do not infringe their copyrights, the safe harbor provisions require service providers to notify subscribers when their materials are removed and to provide them with an opportunity to send the service provider a written notice stating that the material was removed in error.
If a subscriber submits a proper “counter-notice” claiming that the material does not violate copyright laws, the service provider is required to promptly notify the claiming party of the subscriber’s objection. If the copyright owner fails to sue in district court within 14 days, the service provider is required to restore the material to its original location on its network.
If it is determined that the copyright holder misrepresented its claim regarding the allegedly infringing material, the copyright holder becomes liable to the OSP for any damages incurred as a result of the material’s improper removal.
Warranty Period Is Limited
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE AVAILABLE “AS IS.” OTHER THAN AS EXPRESSLY PROVIDED IN THIS SECTION, SA WEBHOST AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SA WEBHOST, ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY SA WEBHOST AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES, AND EXPRESSLY DISCLAIMS ANY SUCH LIABILITY. THE TERMS OF THIS SECTION SHALL CONTINUE TO APPLY EVEN IF THIS AGREEMENT IS TERMINATED.
Notification to Law Enforcement
SA WEBHOST reserves the right to disclose User information to law enforcement agencies without further consent or notification to the User if such agencies make a lawful request. We work in complete cooperation with law enforcement agencies.
This Agreement, including any documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties regarding the subject matter hereof, and this Agreement constitutes the parties’ sole and final agreement regarding the subject matter hereof.
SA WEBHOST reserves the right to modify, supplement, or delete portions of this Agreement at any time. If we make material changes to this Agreement, we will post a notice on the SA WEBHOST website for at least thirty (30) days following the changes and will indicate the date of the most recent revision at the bottom of this Agreement. Unless otherwise specified, any revisions to this Agreement will take effect upon their publication. By continuing to use the Services after the effective date of any such modification, you agree to the modification.
SA WEBHOST reserves the right, at its sole discretion, to modify, change, or discontinue any aspect of the Services.
If a court of competent jurisdiction finds any provision or portion of a provision of this Agreement to be illegal, invalid, or unenforceable, the remaining provisions or portions (unless otherwise specified) shall remain in full force and effect.
No failure or delay on the part of you or SA WEBHOST in exercising any right or remedy provided hereunder shall constitute a waiver of such right or remedy, nor shall any single or partial exercise preclude any other or further exercise of such right or remedy. No express waiver or consent by any party to this Agreement to any breach or default in any term or condition hereof shall constitute a waiver or consent to any subsequent breach or default in the same or any other term or condition hereof.
Without SA WEBHOST’s prior written consent, you may not assign or transfer this Agreement or any of your rights or obligations hereunder. Any attempted assignment in violation of this Agreement is void and without force or effect. Without User’s consent, SA WEBHOST may assign our rights and obligations under this Agreement and may engage subcontractors or agents to perform our duties and exercise our rights hereunder. This Agreement is binding on the parties hereto and their respective successors and permitted assigns, and will inure to their benefit.
Neither party is liable for any default or delay in performing any of its obligations under this Agreement (other than failure to make payments on time) if such default or delay is caused, directly or indirectly, by forces beyond the reasonable control of such party, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, and interruptions of telecommunications.
Beneficiaries from Third Parties
Except as expressly provided in this Agreement, nothing in it is intended to confer any rights on anyone other than the parties hereto and their respective successors and permitted assigns. Despite the foregoing, user acknowledges and agrees that any supplier of a third-party product or service identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions of this Agreement that pertain specifically to its products or services and shall have the right to directly enforce the terms and conditions.