ITPossible
Domain and Hosting Services Terms of Use
Introduction
These terms
and conditions govern the use of the ITPossible domain registration and hosting
services. By contracting with ITPossible for the services you will be lawfully
regarded as having agreed to your use of the services specified being governed
by this Agreement.
The customer or the customer's agent certifies that he/she is above the age of
18 years, has full contractual capacity and is duly authorised by the customer
to contract on customer's behalf.
Domain Registration
ITPossible
registers domains on the Internet through the relevant governing bodies and
hosts websites and related material on the ITPossible server(s) on behalf of
customers. These terms and conditions apply to the use and registration of
domain names and the web hosting services offered by ITPossible.
Initial
Set-up fees are non-refundable. Domain Name Registration fees constitute a
once-off payment subject to certain renewal charges.
Free Domain Registration
Your free
domain registration is provided with the clear assumption that you intend to
host with ITPossible for the foreseeable future. If your intention is to just
use our free policy to get your domain registered and then immediately cancel
your hosting account then we will not pay for your registration. If, however
you do have a legitimate reason for cancelling your account immediately, then
we will review it on the merits and pay for your registration in good faith.
Our hosting
and free registration is sold as a bundled package and cannot be separated,
i.e. we will not pay for your registration if it is not combined with any of
our hosting accounts.
ITPossible
will not tolerate any intended abuse of our free registration policy. Any such
abuse will result in the immediate termination of your account and Service
Agreement.
Cancellation
A
cancellation request in respect of any Domain Registration, Web Hosting or
Dialup service must be completed via the control panel http://cp.ITPossible.com/ one calendar month (30 days) before the date of
ceasing the service.
ITPossible
reserves its rights to change its prices at any time on reasonable notice. ITPossible
reserves the right to stop offering certain web hosting package types if it
deems it necessary. ITPossible will then either provide the web hosting service
for the remainder of the time that has been paid for or refund the amount paid
for that specific package.
Payment and payment terms
The amounts
owing for the initial month will be pro-rated from the date of signature to the
end of the initial month and shall be added to the first debit at the end of
the subsequent month. Customer shall ensure that there are sufficient funds in
the account, details of which have been supplied to ITPossible to cover such
amount.
In the event
that a debit order amount is recalled due to incorrect information supplied by
customer or due to insufficient funds in the customer's bank account the
hosting of the website will be immediately suspended.
In the case
of a website being suspended due to non-payment a reconnection fee of R150.00
will be payable before the website is unsuspended.
In the case
of an annual or biannual web hosting account being terminated by the client
before their prepaid hosting term ends there will be a calendar month notice
period and a R100 administration fee charged.
ITPossible
may record the existence of the customer's account with a Credit Bureau.
ITPossible
may record and transmit details of how the customer has performed to a Credit
Bureau, and how the account is conducted by the customer in meeting their
obligations on the account.
Liability for registration and use of domain names
ITPossible
has not and does not conduct pre-registration searches in respect of the
customer's use and registration of its selected Domain Name/s and is therefore
not obliged to either advise the Domain Name customer/customer about possible
conflicting third party rights or to take steps to ensure against possible
disputes concerning a third party's intellectual property or other rights.
The use or
registration of the Domain Name by customer does not interfere with nor
infringe the rights of any third party in any jurisdiction with respect to
trademark, service mark, tradename, company name, close corporation name,
copyright nor any other intellectual property right, and that customer has the
right to use the Domain Name as requested.
ITPossible
cannot act as an arbiter of disputes arising out of the registration and use of
Domain Names. At the same time, customer acknowledges that ITPossible may be
presented with evidence that a Domain Name registered by customer violates the
rights of a third party. In such instance ITPossible shall be allowed to
provide a complainant with customer 's name and address and all further
communication will exclude ITPossible and ITPossible will have no further
obligations to the customer. In such instance customer shall be entitled to
continue using the Domain Name registered for customer by ITPossible until a
court or other body with jurisdiction directs otherwise.
Hosting services
ITPossible
does NOT provide SMTP mail services by default with any hosting packages. These
are available on request at an additional charge.
ITPossible
reserves the right to suggest suitable alternatives to the customer and / or
charge for excessive traffic as it deems necessary at its sole discretion.
ITPossible
reserves the right to suggest suitable alternatives to the customer for
excessive Web Server Processor usage as it deems necessary at its sole
discretion.
ITPossible
reserves the right to move a website between web servers and internet
backbones, both within South Africa and internationally as it deems necessary.
If a customer moves in excess of 2 GB traffic monthly then the customer will be
contacted and various options will be presented.
ITPossible
reserves the right (but does not assume any obligation) to inspect the contents
of data that the customer transmits, receives or stores on an ITPossible Server
to ensure compliance with this Agreement or any applicable laws regulations or
codes of practice.
Referral Programme
Users may
only use the programme to refer other people. Users that try to refer
themselves via other accounts setup using spoofing methods will not receive
their respective discounts.
Should a
referred user decide to cancel their services within three months of signup,
their referrer will forfeit their referral credit.
Disclaimers, Limitations and Indemnities
ITPossible
will not be liable for any loss or damage, interruption of business, or any
indirect, special, incidental, or consequential damages of any kind (including
lost profits), regardless of the form of action, whether in contract, delict,
or otherwise which may be suffered as a result of or which may be attributable,
directly or indirectly, to the use and/or registration of the Customer's
selected domain names/s OR ANY ACTION TAKEN BY ITPOSSIBLE IN RESPONSE TO THE
ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The Customer
hereby indemnifies and holds harmless ITPossible against any loss whatsoever
arising from any dispute or claim or other action occasioned by the Customer's
use and registration of its selected Domain Name, even if ITPossible has been
advised of the possibility of such damages;
ITPossible
will not be liable for any indirect or consequential loss, damage, cost or
expense of any kind, irrespective of how such damage or loss was caused,
whether arising under contract, delict or otherwise, including, and not limited
to, data loss or corruption, loss of profits, contracts, operation time and
goodwill.
Neither ITPossible,
its employees, affiliates, agents, third party information providers,
merchants, licensers or the like, warrant that ITPossible's Server service will
not be interrupted or error free; nor do they make any warranty as to the
results that may be obtained from the use of the Server service or as to the
accuracy, reliability or content of any information service or merchandise contained
in or provided through the ITPossible Server service, unless otherwise
expressly stated in this Agreement.
ITPossible
expressly limits its damages to the Customer for any non-accessibility time or
other down time to the pro-rata monthly charge during the system
unavailability. ITPossible specifically denies any responsibilities for any
damages arising as a consequence of such unavailability.
ITPossible
is not responsible if an external company network and firewall is setup to
block access to services ITPossible provides. If a client's network is setup to
block certain ports or web addresses that compromise the services ITPossible
provides it is the client's responsibility to ensure that their network
configurations are changed as necessary.
100% Website Uptime Guarantee
The 100%
website uptime guarantee is applicable only if the web server on which a
customer 's shared web hosting account resides crashes or goes down at an
unscheduled time. This guarantee is not valid if there is any network problem
between the customer and the web server which prevents the customer from seeing
the web server, e.g. if the customer 's ISP's link to Internet Solutions (IS)
goes down or is faulty, but the web server ITPossible hosts is still up we are
not responsible for the customer not being able to reach their website.
ITPossible
is not responsible if any third party operated network or service experiences
problems and outages (i.e. all network infrastructure and links, customer 's
internet connection, firewall service managed by IS). If the applicable web
server is up and running at all times then the website will deemed to have
achieved 100% uptime.
The 100%
website uptime guarantee does not apply to any scheduled downtime for
maintenance of any of the ITPossible web servers. If there is scheduled
maintenance to be done the customer will be notified at least 24 hours in
advance. The scheduled maintenance will always be done after hours (based on
Central African Time (CAT)) and the web server downtime will be kept to a
minimum.
Third party
monitoring service reports may not be used for justification due to a variety
of factors including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the operating system
and the Apache Web Server which may differ from the uptime reported by other
individual services.
Use at Customer's risk
ITPossible
will exercise no control whatsoever over the content of the material hosted on,
or the information passing through the ITPossible network and in no way
moderates such content.
Customer
expressly agrees that use of ITPossible's Server(s) and Services are at
customer's sole risk.
ITPossible
is not responsible for files and/or data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on the ITPossible web servers,
including e-mail, databases and site content.
Limitation on mail size
Individual
mail sent to the customer's POP3/IMAP box or forwarded to the customer's
existing email address may be limited to 5000kB in size each.
Refusal of services based on network, domain and/or equipment identifiers
ITPossible
reserves the right to refuse domain and hosting services based on network,
domain and/or equipment identifiers.
Termination
Should
customer breach of any of the terms and conditions contained herein, including
but not specifically limited to the payment terms, ITPossible has the right
(solely at ITPossible's discretion) to immediately demand payment of the full
amount owing and demand compliance forthwith with all the terms and conditions,
alternatively to terminate the agreement and services forthwith, in either
instance without in any way derogating from any common law, contractual and or
delictual rights which ITPossible may have.
ITPossible
reserves the right to suspend or terminate the service of any customer that
does not comply with the terms and conditions, Acceptable Use Policy,
Acceptable Hosting Policy or any other contractual obligations.
General provisions
Customer confirms
that all statements made in this application are true and correct. ITPossible
reserves the right to request proof thereof.
Any disputes
arising in relation to this application or the supporting documents shall be
governed by the applicable laws of the Republic of South Africa.
Any form of
abuse of ITPossible staff will result in suspension or termination of your
services, irrespective of the form and medium of this abuse.
In the event
that any of the terms of this document are found to be invalid, unlawful or
unenforceable, such terms will be severable from the remaining terms, which
will continue to be valid and enforceable.
ITPossible
reserves the right to remove any content hosted by that member which it
considers illegal or for which it has received a take-down notice.
Domain Registrar terms and conditions
In addition
to the above the following terms and conditions are applied by the relevant
domain registrars for the following domains:
- US.COM, .EU.COM, .BR.COM,
.CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM, .RU.COM, .SA.COM, .SE.COM,
.SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM domains. Terms and Conditions
These terms
were last updated on 21 March 2012