Terms and Conditions

When you browse or otherwise use this website in order to gain information or purchase services you are entering into an agreement with Web2Web which sets out terms and conditions governing your use. While you are required to review the full terms and conditions we wish to bring the following to your attention:

Use of this website is at your own risk.
Consumers (being natural persons who are users of our services) are afforded consumer protection rights under the Electronic Communications and Transactions Act of 2002.
Subject to our obligations under the law, respect your privacy rights.
This website is provided on an “as is” and “as available” basis. While Web2Web takes all reasonable steps to ensure continuity of service we cannot be held liable for any inability to access or use the website or any of the services on it.

Web2Web reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this website and/or to terminate the access rights of any user where, for example and without limitation:
We regard the action or inaction of a user to constitute a breach of these Website Terms of Use;
We regard the action or inaction of a user to constitute abuse of the services offered through this website.
Events beyond our reasonable control, including technical failures, prevent the continuing provision of the website

1.This is an agreement between you and Web2Web regarding your use of Web2Web’s services, computers, interactive information, communications and server management service (“the / this Agreement”), in addition to all our policies, terms and conditions, acceptable user policy and privacy policy.
2.This Agreement sets out the terms and conditions under which Web2Web makes its services available to users.
3.This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.

Disclaimers and Limitation of Liability
i.You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
ii.We disclaim any and all loss or liability resulting from, but not limited to:
iii.loss or liability resulting from access delays or access interruptions;
iv.loss or liability resulting from data non-delivery or data mis-delivery;
v.loss or liability resulting from acts of God;
vi.loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
vii.loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
viii.loss or liability resulting from the interruption of your Service.
ix.You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
x.Web2Web's services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Web2Web expressly disclaims any representation or warranty that the Web2Web services will be error-free, secure or uninterrupted.
xi.No oral advice or written information given by Web2Web, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
xii.Web2Web will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
xiii.The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities
i.The Account Holder agrees to indemnify and hold Web2Web harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Web2Web will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
ii.The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Web2Web reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Web2Web's then current Acceptable Use Policy, in the sole and absolute opinion of Web2Web.
iii.Web2Web will not change passwords to any account without proof of identification, which is satisfactory to Web2Web, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Web2Web will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Web2Web be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Web2Web from any and all Claims arising from such ownership disputes.
iv.The Account Holder agrees to indemnify and hold harmless Web2Web and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Web2Web. The terms of this Section will survive any termination of this Agreement.
v.The Account Holder agrees not to harm Web2Web, its reputation, computer systems, programming and/or other persons using Web2Web's services.
vi.The terms of this Section will survive any termination of this Agreement.

Variation of services
i.You agree that Web2Web may establish limits concerning use of any Web2Web service offered on any Web2Web web site, including without limitation the maximum number of days that e-mail messages will be retained by any Web Africa service, the maximum number of e-mail messages that may be sent from or received by an account on any Web2Web service, the maximum size of an e-mail message that may be sent from or received by an account on any Web2Web service, the maximum disk space that will be allotted on Web2Web's servers on your behalf either cumulatively or for any particular service. You agree that Web2Web has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Web2Web’s service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Web2Web service may change at any time.
ii.Web2Web reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Web2Web are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. If the Account Holder refuses to comply with this Section, then Web2Web has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.

Non-transferability of services
i.The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Web2Web.

Passwords
i.The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Web2Web services, including any damages resulting there from, until the Account Holder notifies Web2Web’s customer service.
ii.The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Web2Web.

Assignment of IP addresses
i.If Web2Web assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Web2Web services, the right to use that Internet Protocol address will remain with and belong only to Web2Web, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Web2Web in its sole and absolute discretion.

General provisions
i.This Agreement constitutes the entire agreement between the Account Holder and Web2Web with respect to the Web2Web services and supersedes all prior agreements between the Account Holder and Web2Web.
ii.Web2Web’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
iii.In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
iv.The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
v.The Account Holder consents to the jurisdiction of the South Africa courts.
vi.The Web2Web services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
vii.Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

Dispute resolution
i.The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings and in accordance with the various dispute resolution procedures provided.
ii.Termination/Cancellation of any service needs to be made by the account holder and in written form via fax or email.This needs to be done with one calender month notice period.This applies to all Hosting, ADSL Broadband and ADSL Line Rentals.
iii.Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Use of Account Holder information for promotional purposes
i.Web2Web may include the Account Holder's name and contact information in directories of Web2Web's service subscribers for the purpose promoting the use of the services by additional potential clients. However, Web2Web is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

Backup policy.
You are responsible for your backups and web content. The specific backup policy depends on what type of account you have. We do make weekly backups for all our servers except dedicated servers.

We can restore your web, email and database content from those per your request. However, this is NOT a procedure you should rely on to keep copies of your content safe; we recommend you make your own backups. Our backups are made every week on a random day, and only the newest backups are kept. We make no guarantees about our weekly backups, and we do require a R200 fee to restore the Web2Web backups. If you can provide your own backup file,and do it yourself, then the fee is free and .

To request a restoration of your content from a backup file, simply fill out this form. When you get to the instructions, please clearly indicate what content you want restored and what you do not want restored.

Web2Web Mail policy
Limits There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes. Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.) Business package: 50 Mailman mailing lists Reseller and Dedicated packages: Unlimited number of Mailman mailing lists Mailing Lists Rules

1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will.

We recommend PHPList, which can be found in your CPanel under Fantastico. IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account. Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, Web2Web reserves the right to suspend, terminate, or deactivate your script or account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

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