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The following terms and conditions as set out herein, and any referenced documents which read together, govern the relationship between MySite.co.za and its customer(s).

1. General Terms

1. "MySite.co.za", "we" or "our" means HostSite CC (Reg Nr: CK 2003/064400/23), trading as MySite.co.za.
2. "Customer", "client" or "you" means the person, firm or company that has requested MySite.co.za's services.
3. "Agreement" or "contract" means the legal agreement between MySite.co.za and its customer in lieu of the services provided.
4. "Conditions" or "terms" means the standard terms and conditions of sale as set out herein.

2. Acceptance Policy

1. The agreement and the provision of service, will only come into being between MySite.co.za and a customer when the customer has agreed to the terms and conditions contained herein.
2. The customer acknowledges that all the information that is submitted online is true and correct to the best of their knowledge.
3. The customer agrees that the act of submitting the order form, add-on request form(s), and/or the upgrade/downgrade form online is in lieu of their signature.
4. The customer agrees to an online, paperless subscription.

3. Provision of Services

1. Commencing on the date of activation ("the activation date") and for the duration of this agreement thereafter, MySite.co.za shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions as set out herein.
2. The "activation date" shall be the date on which services shall commence for the first time, as depicted in the "welcome / setup" email sent to the customer, and will be subsequent to a successful initial payment as due by the customer for the first installment.
3. MySite.co.za's service includes the provision of space on globally accessible servers for the storage of websites which can be accessed by the general public through the network. Such allocated space is for the use of acceptable server processes, client files, databases, and emails needed in the running of such websites.
4. MySite.co.za shall, in the provision of its services, adhere to the Electronic Communications and Transactions Act 25 of 2002 (South Africa).

4. Provision of Support

1. Support is provided by email during normal business hours.
2. The customer agrees that MySite.co.za is in no way responsible for support relating to the hardware or software that is used by the customer in the accessing of the customer's website or MySite.co.za's services, to the editing or configuring of the customer's scripts, web pages, FTP transfer of files, web design and coding issues, backups, data loss, general problems that are the responsibility of the customer, or anything else that is not server specific related.
3. The customer hereby indemnifies and holds MySite.co.za harmless against any cost, liability, loss or damage incurred or suffered by the customer as a result of the loss of any such data, whether by any act or omission by MySite.co.za, its representatives, agents or employees during the provision of such support or on any other occasion.
4. MySite.co.za shall, as part of its service, attempt to identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.

5. Payments

1. Clients agree to supply appropriate payment for the services rendered by MySite.co.za, in advance of the time period during which such services are provided, as set out in this agreement and on our pricelist (http://www.mysite.co.za/prices.php).
2. Clients will be billed on the 1st (first) day of each month for that month's services.
3. New clients will be billed a "pro-rata" fee for the remainder of the initial month. A pro-rata fee is also applied when clients request a relevant add-on, or upgrade their accounts. All pro-rata fees are payable upfront. Click here for our pro-rata formula
4. All "once-off" as well as "setup" or "activation" services provided by MySite.co.za are payable upfront.
5. You agree that until and unless you notify MySite.co.za of your desire to cancel any or all services received, those services will be billed on a recurring basis.
6. Any upgrades or changes to the customer's product/services, may be subject to additional charges and/or separate agreement.
7. MySite.co.za will be entitled to adjust any of its charges, including without limitation price increases at any time by giving the customer a 30 (thirty) day written notification of such adjustments.
8. Payments at present can only be made online via credit card.
9. All credit card payments are processed, verified and secured by our third party payment gateway PayGate (hereafter referred to as "PayGate"). MySite.co.za is in no way responsible for the actions and/or payment processes as conducted by PayGate in the collection of the payment(s) from the customer, and is indemnified from any liabilities thereto.
10. Should PayGate dishonour any payment offered by the customer to MySite.co.za (i.e. any failed billing resulting from the customer), MySite.co.za shall be entitled, over and above the dishonoured payment as well as bank charges, to charge the customer an additional administration fee thereon as published on MySite.co.za's pricelist (http://www.mysite.co.za/prices.php).
11. Failure of a customer to remit payment to MySite.co.za by the invoice due date is cause for suspension of the customer's account with immediate effect, or complete removal of the customer's website files from the MySite.co.za hosting server. The customer agrees that MySite.co.za shall not be held liable for such suspension, removal or disconnection of services. A grace period may be given (at the sole discretion of MySite.co.za) for unsettled invoices, but such grace period shall not exceed 7 (seven) days.
12. The customer accepts that a "reinstatement fee" shall be due as published on MySite.co.za's pricelist (http://www.mysite.co.za/prices.php) prior to the reactivation of MySite.co.za's services.
13. The customer shall, on demand, pay to MySite.co.za all costs and expenses incurred by MySite.co.za in enforcing the terms of this agreement, including without limitation legal costs on an Attorney / Own Client Scale, and/or submission of the customer's particulars to the ITC (TransUnion) for payment collection.

6. Taxes

1. MySite.co.za charges Value Added Tax (VAT) at 14% (fourteen percent) in addition to the published prices.
2. MySite.co.za shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the customer.
3. The customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

7. Refunds

All fees paid to, and payable by the customer to MySite.co.za are non-refundable.

8. Acceptable Use Policy (AUP)

This agreement reads together with our AUP, which can be viewed here: http://www.mysite.co.za/aup.php

9. Prohibited Content (this reads in conjunction with "section 19" herein)

1. Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area, is prohibited. This includes material which is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.

2. You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the internet, nor can it be used for anything illegal. MySite.co.za reserves the right to disable any CGI script or script access on an account.

3. Examples of unacceptable material on our servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), MP3 Sites Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, eGold Exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and/or websites that distribute or link to warez content are prohibited.

4. It is a violation for anyone to post information or to include programs, scripts, or images on the web space provided through MySite.co.za's services which consume excessive bandwidth, CPU time or storage space.

10. Spam Abuse Policy

1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing, and spam. Any customer who sends out spam will have their account terminated with or without notice.
2. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
3. No organization or entity listed in the ROKSO may be hosted on our servers.
4. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
5. MySite.co.za reserves the right to require changes to, or disable as necessary, any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

11. Resource Usage

Clients may not:

1. Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy).
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to torrents off-site, but may not host / store them on our servers.
6. Participate in any file-sharing / peer-to-peer activities.
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8. Run cron entries with intervals of less than 15 minutes.

12. Bandwidth Usage

1. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase.
2. Should your account pass the allocated amount we reserve the right to: (i) suspend the account until the start of the next allocation, (ii) suspend the account until you upgrade to a higher level of package, (iii) terminate the account, (iv) and/or charge you an additional fee for the overages.
3. Unused transfer in one month cannot be carried over to the next month.
4. It is a violation for anyone to post information or to include programs, scripts, or images on the web space provided through MySite.co.za's services which consume excessive bandwidth, CPU time or storage space.

13. Domain Name Registration, Ownership and Disputes

1. MySite.co.za makes no representations or warranties (expressed or implied) of any kind with respect to the availability or likelihood of a successful registration of any domain name.
2. The client shall be responsible for ensuring that the correct domain name is requested. Incorrect spelling of the domain name during the registration process will still incur the full registration cost, without refund.
3. The client shall at all times comply with the terms and conditions as published by the relevant naming authority.
4. MySite.co.za may from time to time change the registrar that a domain is held with. The client agrees to allow MySite.co.za to do so as it sees fit and without notice.
5. MySite.co.za currently does not make provision for the parking of domain names. Domains will only be registered on behalf of the customer where the domain has been requested in association with an appropriate MySite.co.za hosting package.
6. Any domain name registered by MySite.co.za on behalf of the customer is the property of said customer after the customer has paid MySite.co.za any registration fees that MySite.co.za has incurred on behalf of the customer.
7. MySite.co.za claims no ownership over the customer's domain name that the customer has paid to register.
8. At its option, MySite.co.za will either arrange for any billing for domain names registered by MySite.co.za on behalf of the customer to be sent directly by the registrar or agent thereof to the customer, or MySite.co.za will directly bill the customer for these registration fees plus applicable expenses, and/or service charges, if any.
9. The customer agrees that MySite.co.za may be presented with information that customer's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, the customer agrees to the following: (i) The customer agrees to hold MySite.co.za harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether (domain) name service hosting for the customer's domain is hosted at, or continued to be hosted at MySite.co.za. (ii) The customer agrees that MySite.co.za has the right to discontinue name service hosting in the event of such dispute over a customer's domain name. (iii) The customer agrees that should MySite.co.za discontinue name service hosting for the customer's domain upon notification of such dispute, that MySite.co.za will not be liable for any loss of business, interruption of business, loss of customer's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if MySite.co.za has been advised of the possibility of such damages.
10. The customer agrees that MySite.co.za's administrative contact details shall be used as the "admin" and "technical" contacts for any domain names requested to be registered by MySite.co.za on behalf of the customer, and that the customer's details will be use as the "registrant".

14. SiteBuilder

1. SiteBuilder (hereafter also referred to as the "program") is a dynamic, database driven program that allows website owners and marketers to create a website for personal and/or business use with little or no experience.
2. As the use thereof is self reliant (D.I.Y), the only support available to the customer is via the online help files as provided with the program.
3. The program is only made available to the customer via recurring monthly subscription and in settlement thereof.
4. MySite.co.za shall not be held liable for any limitations, immobility of the customer's website, technical problems, lack of support or damages whatsoever (economical or otherwise) which the customer may incur as a result of use of the SiteBuilder program.

15. Service Interruptions / Excusable Events

1. The customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In these circumstances, MySite.co.za shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
2. MySite.co.za shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result of any circumstances outside MySite.co.za's reasonable control, including but without limitation, technical problems relating to the network, acts of God, government control, restrictions or prohibitions, or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.

16. Backups and Data Loss

1. Your use of the service is at your sole risk. MySite.co.za is not responsible for any files and/or data residing on your account.
2. You agree to take full responsibility for any files and data transferred, and to maintain all appropriate backups of files and data stored on MySite.co.za's servers and/or its affiliate's servers.

17. Reseller-Client Responsibility

1. Resellers are responsible for supporting their own clients. MySite.co.za does not provide support for reseller's clients.
If a reseller's client contacts us, we reserve the right to place that client's account on hold until the reseller can assume responsibility for their client.
2. All support requests must be made by the reseller on their clients' behalf for security purposes.
3. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. MySite.co.za will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service.
4. Resellers are required to market MySite.co.za's services under their own brand name, and may not use the "MySite.co.za" brand as a means of publication.
5. Resellers take full responsibility for their own branding and passing on information that we send to you to your clients, under your own name. MySite.co.za will not be held accountable for any mishaps involved in this regard, or exposure of its services.

18. Company Copyright / Intellectual Property

1. All content, including but not limited to: text, images, logos as well as design concept and layout of this website (http://www.mysite.co.za) remains the exclusive property of MySite.co.za, and is under copyright.
2. Unauthorized private or commercial publication or exploitation of the design layout, text, images, or logos of this website is specifically prohibited. Anyone wishing to use any of these files or images for private use, commercial use, publication, or any other purpose, must request and receive prior written permission from MySite.co.za.

19. Customer Copyright / Intellectual Property (this reads in conjunction with "section 9" herein)

1. All services provided by MySite.co.za may only be used for lawful purposes.
2. The customer agrees to indemnify and hold harmless MySite.co.za from any claims resulting from the use of its services.
3. The customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
4. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, videos, photographs, websites or any other copyrighted work.
5. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of the customer's account.

20. Termination, Suspension and Reinstatement

1. This agreement may be terminated by either party, without cause, by giving the other party sufficient written notice.
Written notice may be made either by email or fax transmission.
2. Upon receipt of a cancellation request by MySite.co.za, such said cancellation is subject to processing with immediate effect.
Clients cannot postdate / postpone a cancellation to the end of a billing cycle, or any other period.
3. MySite.co.za reserves the right to verify all cancellations before terminating service.
4. MySite.co.za may at its option, cancel or suspend service with immediate effect should it believe the client has violated or is about to violate the MySite.co.za's policies and terms of agreement located at http://www.mysite.co.za/terms.php
5. Failure of a customer to remit payment to MySite.co.za by the invoice due date is cause for suspension of the customer's account with immediate effect, or complete removal of the customer's website files from the MySite.co.za hosting server. The customer agrees that MySite.co.za shall not be held liable for such suspension, removal or disconnection of services. A grace period may be given (at the sole discretion of MySite.co.za) for unsettled invoices, but such grace period shall not exceed 7 (seven) days.
6. The customer shall remain liable for all charges due hereunder throughout the period of suspension unless MySite.co.za, in its sole discretion, determines otherwise.
7. The customer accepts that a "reinstatement fee" shall be due as published on MySite.co.za's pricelist (http://www.mysite.co.za/prices.php) prior to the reactivation of MySite.co.za's services.
8. When a customer's account is closed (cancelled or terminated), all files, including databases and emails, will be deleted.
9. MySite.co.za does not offer any refunds of monies under any circumstances whatsoever.

21. Privacy

1. The information you provide to us will be stored electronically. We are committed to protecting your privacy.
2. Where sensitive data is transmitted, we utilise 256 bit SSL encryption, as well as the AES (Advanced Encryption Standard) algorithm to store such data. MySite.co.za strictly follows all PCI guidelines.
2. We and any of our associate companies may utilise general information you provide us to offer a more personalised service, and to tell you about any changes or updates in our (or their) services which we think you may find beneficial.
3. We may also utilise such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these conditions.
4. We will not monitor, edit or disclose the contents of any private communications transmitted via the servers unless required to do so by law or in good faith believe that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of MySite.co.za, or to protect the personal safety of any of our customers or the public.

22. Indemnification and Liability

1. The customer agrees that it shall defend, indemnify, save and hold MySite.co.za harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MySite.co.za, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, or any product sold by the customer, its agents, employees or assigns.
2. The customer agrees to defend, indemnify and hold harmless MySite.co.za against liabilities arising out of; (i) any injury to person or property caused by any products sold or otherwise distributed in connection with MySite.co.za; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective products sold to customers from MySite.co.za's server and/or its affiliates.

23. Disclaimer

1. MySite.co.za shall not be responsible for any damages the customer's business or personal interests may suffer.
2. MySite.co.za makes no warranties of any kind, expressed or implied for the services it provides.
3. MySite.co.za disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by MySite.co.za, its employees, and/or its suppliers.
4. All information provided by MySite.co.za is on an "as is" basis only. MySite.co.za assumes no responsibility regarding the accuracy of the information that is provided, and use of such information is at the recipient's own risk. It is the responsibility of individuals browsing through the MySite.co.za website to satisfy themselves as to the accuracy of the information provided.
5. Some web pages / websites may contain links to third party websites, whether through link exchange or advertising. These linked sites are not under the control of MySite.co.za and MySite.co.za is not responsible for the content of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or an affiliate with the linked website(s) by MySite.co.za.

24. Miscellaneous

If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement (including references, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the customer, but may be so transferred, assigned or delegated by MySite.co.za. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

25. Revisions

MySite.co.za reserves the right to revise its services, fees, policies and the terms and conditions of this contract at any time and without notice. The customer hereby indemnifies MySite.co.za against any cost to the customer, loss or liability arising as a result of such revision.

26. Legal

1. MySite.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
P.O Box 3768, Tygervalley, 7536, South Africa.
2. Should MySite.co.za institute action against any client pursuant to a breach by the client of this agreement, then without prejudice to any other right which MySite.co.za may have, MySite.co.za shall be entitled to recover all legal costs incurred by it on an Attorney / Own Client Scale, tracing fees and such collection commission as MySite.co.za is obliged to pay its attorneys.
3. MySite.co.za shall be entitled at its option to institute any legal proceedings, which may arise out of or in connection with this agreement in a Magistrate's Court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate's Court in respect of the cause of action. MySite.co.za and the client agree in terms of section 45 of the Magistrate's Court Act 1944 (South Africa), to the jurisdiction of the Magistrate's court in respect of any proceedings pursuant to this agreement.