Webtechosting's obligation to You: We agree to provide Internet access to you through our host computers but only on the following basis . We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day (other than on a permanent connection basis) and, if the system malfunctions, to restore those services as soon as reasonably possible. But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. The reasons for these limits on our service are because:
A. We do not own or control all of the facilities and communication lines necessary for hosting and, therefore, we cannot guarantee that the service will be uninterrupted or error free.
B. Our services may be used by you for purposes we do not know about and have no control over.
Your obligation to Us: In return for access to our service, you agree to pay the specified subscription and any other charges. In particular, you agree as follows: You will be invoiced in the first 2 days of each month by e-mail, payment is in advance and non 'AP' accounts, payment is due within 7 days.
If the account is not paid by the end of the month, your account may be charged a fee equivalent to 15% of the unpaid portion of your account. You also agree to pay interest charges on overdue accounts and our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees. If your account is overdue for a period of 2 months, your access may be restricted or your account may be closed and your details referred to our debt collection agency or credit reference agency without notice to you.
Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
1. Warranty: I warrant and undertake to Webtechosting, that no statement, representation or information contained in the Host web site:
a. is or is likely to be misleading or deceptive or to otherwise infringe the fair trading legislation in the United States, United Kingdom/Great Britain, Australia, Canada, New Zealand or South African law; or
b. Is at all defamatory, in breach of copyright, trademark, third party's contractual or tortious rights or other intellectual or industrial property right of any third party and Webtechosting; or
c. Is otherwise in breach of any provision of any statute, regulation or rule of law.
2. Indemnity: I acknowledge that Webtechosting relies on the warranties set out in clause 1 in providing me with this product. I hereby agree to indemnify Webtechosting, its employees, servants and agents against all losses or costs (legal or otherwise), liabilities, claims or proceedings whatsoever arising as a result of any breach of the warranties set out in clause 1.
3. Right to Refuse: Webtechosting may at any time and without notice to me cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site.This right will not be unreasonably exercised.
4. Defects and Faults: Webtechosting will do its best to provide highly reliable services although it does not guarantee they will be continuous or fault free. Webtechosting and its employees, servants, contractors or agents are not responsible or any losses or costs, liabilities, claims or proceedings whatsoever (including loss of profits or business loss and whether as a result of negligence or otherwise) which you or any other person may suffer as a result of a defect, fault or temporary failure to provide any server or service.
5. E-mail: As a condition of your use of our e-mail service you agree as follows:
You agree not to send multiple , unsolicited e-mail (SPAM or UCE), to single or multiple users whether or not this is for business purposes. Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may disconnect your service without liability to you.
E-mail enables a rapid, immediate and widespread response. You must not use the e-mail service for communication which is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to disconnect you if we consider that you have breached these standards. If you defame anyone through your use of the e-mail service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.
6. Changing these Terms: Webtechosting may change these Web Hosting Terms and Conditions by changing or removing existing terms or by adding new ones. You will be able to refer to the most recent copy of these Web Hosting Terms and Conditions by accessing the URL on the Webtechosting site.
7. You have a 30 day money back guarantee, which commences from the date or order, with any web hosting account. Should you not be satisfied that any aspect of our web hosting service does not match the expectation you have based upon the services offered and through correspondence with our employees, you may cancel your account and you shall receive a full refund of any fees paid. You must use the online cancellation form. Username and password are required to cancel, and e-mail cancellations are not considered valid.
Cancellations are processed on that last day of the month of cancellation.
8. You may cancel your server at any time, however you must use the online cancellation form . Username and password are required to cancel, and e-mail cancellations are not considered valid. Cancellations are processed on that last day of the month of cancellation.
9. Entire Agreement: These terms together constitute the entire agreement between the parties. Limits on our Liability By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature.
We distribute our service on an "as is" basis without warranties of any kind, either express or implied. In particular, we are not liable to you – whether in contract or tort or under any other legal principle – for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription. If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the Consumer Guarantees Act 1993. Acceptance of these terms An application to open an account with Webtechosting is deemed to be an acceptance of these terms.
Domain Name Registration
Domain Name Terms & Conditions: Applicants should be aware that any domain name that is registered will be registered in the name that you specify in your order. However applicants should also be aware that Webtechosting's domain name registration services do not provide any validation or endorsement of any claim of title of the right to use a name. Responsibility for ensuring that the applicant has due title to the domain name rests with the applicant. Webtechosting assume no liability in this regard.
Please note that Domain Names and directly associated information/documentation will be treated as public information. Customers who registered their Domain Name prior to April 1999 will be automatically migrated to these new domain registration terms on the next review date of their DNS registration.
1. Warranty: I warrant and undertake to Webtechosting that no statement, representation or information contained in the Domain Name:
(a) is or is likely to be misleading or deceptive or to otherwise infringe the fair trading legislation in the United States, United Kingdom/Great Britain, Australia, Canada, New Zealand or South African law; or
(b) is at all defamatory, in breach of copyright, trademark, third party's contractual or tortuous rights or other intellectual or industrial property rights of Webtechosting or any third party; or
(c) is otherwise in breach of any provision of any statute, regulation or rule of the United States, United Kingdom/Great Britain, Australia, Canada, New Zealand or South African law.
(d) is otherwise in breach of any provision of any statute, regulation or rule of the country you are making this application from and/or are resident in.
2. Indemnity: I acknowledge that Webtechosting relies on the warranties set out in clause 1 in providing me with service. I hereby agree to indemnify Webtechosting, its employees, servants and agents against all losses or costs (legal or otherwise), liabilities, claims or proceedings whatsoever arising as a result of any breach of the warranties set out in clause 1.
3. Right to Refuse: Webtechosting may at any time and without notice to me cancel, reject, or refuse to register my Domain Name without any reason for such rejection or refusal at any time.
4. I agree to and understand, that Webtechosting will bill me directly for the annual InterNIC, Internet Australia, Domainz, InterNIC SA Registration Services, Nominet.UK, or dot.ca charges or other appropriate domain registration institute charges.