Hosting Terms and Conditions of Service
WebWolf Hosting is a Web Presence Provider. Clients using our services are subject to compliance with the terms and conditions set forth below.
Under the terms of this agreement, your placement of information on WebWolf Hosting servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below.
If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on WebWolf Hosting’s servers.
ACCEPTABLE USE POLICY
Please review our Acceptable Use Policy, before signing up for service with WebWolf Hosting. By ordering services from WebWolf Hosting you confirm that you are in agreement with and are bound by these terms and conditions.
1. USER CONDUCT
WebWolf Hosting services may only be used for lawful purposes. Any use of these services which violates any local or international laws which may apply to WebWolf Hosting , your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
2. ELECTRONIC COMMUNICATIONS
When you visit or sign-up for service at WebWolf Hosting or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. YOUR ACCOUNT
If you sign-up for our services, you are responsible for the accuracy of the information provided by yourself, for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WebWolf Hosting does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18 years of age, you may use WebWolf Hosting only with involvement of a parent or guardian. WebWolf Hosting and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Usage charges will be calculated in accordance with the Rate Schedule. The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the subscriber to WebWolf Hosting. A valid debit order must be submitted to WebWolf Hosting within 7 days of placing the order. Your first payment to us will be by bank transfer and subsequent payments via debit order.
We are not registered for VAT.
The charge for the subscriber’s entitlement to use the service on an annual basis is payable in full in advance by the subscriber to WebWolf Hosting within 7 days of invoicing. Should the client decide to cancel the subscription a refund will be made to the client on a pro-rata amount basis for time not used.
WebWolf Hosting reserves the right to adjust service charges at their sole discretion. It is the policy of WebWolf Hosting to provide subscription only on the basis of a debit order on a bank or credit card account. Payment by direct deposit or bank transfer is also accepted.
A rejected debit order, will accrue an additional handling fee of R120 per rejection. Late payment of accounts will accrue an late payment fee of R120.00
If you account is suspended for non payment, a fee of R350.00 will be levied and must be paid before we reconnect you.
If your account has been suspended due to non payment, you will be liable for payment for the hosting for that month as well as the reconnection fee for each month that the account is suspended to a maximum of three months, after which your hosting account will be terminated without prior notification and all files on the server will be deleted.
You agree to supply appropriate payment for the services received from WebWolf Hosting, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify WebWolf Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. WebWolf Hosting agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.
The agreement shall continue indefinitely and shall be terminable on the expiry of one calender months written notice given by either party to the other.
7. REFUND POLICY
In keeping with best practices, WebWolf Hosting offers refund on services if the request for termination is received in writing within 7 days of receiving the initial order. The onus is on the client to ensure that WebWolf Hosting received the termination request. Any cost(s), which WebWolf Hosting may have incurred directly or indirectly as a result of the initial order are non-refundable. Such items include, but are not limited to, domain registrations, man hours, traffic volume, etc.
Refunds will be made by electronic bank transfer to a legitimate bank account. If you have any questions regarding our refund policy please or e-mail your question to firstname.lastname@example.org.
You agree to indemnify, defend, and hold harmless WebWolf Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, WebWolf Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
You agree, as the person legally responsible for use of this account, to supply WebWolf Hosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
9. REFUSAL OR DISCONTINUANCE OF SERVICE
WebWolf Hosting reserves the right to refuse or discontinue service to anyone at WebWolf Hosting sole discretion. WebWolf Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that WebWolf Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. WebWolf Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that WebWolf Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. WebWolf Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
10. NO WARRANTIES
WebWolf Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by WebWolf Hosting or its agents or employees shall create a warranty. WebWolf Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.
Under no circumstances shall WebWolf Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with WebWolf Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on WebWolf Hosting servers that such information becomes available to all Internet users and that WebWolf Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of WebWolf Hosting servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through WebWolf Hosting or on the Internet generally.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WebWolf Hosting or its content suppliers and protected by South African and International copyright laws.
12. LICENSE AND SITE ACCESS
WebWolf Hosting grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WebWolf Hosting
This license does not include:
- any resale or commercial use of this site or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of this site or its contents;
- any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WebWolf Hosting. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WebWolf Hosting and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing WebWolf Hosting name or trademarks without the express written consent of WebWolf Hosting.
Any unauthorized use terminates the permission or license granted by WebWolf Hosting You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WebWolf Hosting so long as the link does not portray WebWolf Hosting, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any WebWolf Hosting logo or other proprietary graphic or trademark as part of the link without express written permission.
13. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You can use any script on our servers as long as these scripts do not interfere with operating the server and are not one of the following:
- Cgi-based message forums, auctions and banner exchanges are known to disrupt server operations and if this is the case, then WebWolf Hosting reserves the right to suspend the hosting account until the problem has been resolved
- Chat scripts are strictly prohibited and must not be used on any of our shared servers
- Formmail is not allowed on any of our servers. You are only allowed to use formmail scripts if they are up to date, secure and not running under the filename “formmail”. Any violation of this condition will result in the script being deleted without notice.
- Third Party Software If you are using a 3rd party software, for example Zen Cart, osCommerce, Joomla, WordPress etc, then you must keep the script and/or plugins up to date. If you purchase a template for example from Template Monster, or if you have received a template from WebWolf Hosting, then it is your responsibility to ensure that the software is updated to the latest release. WebWolf Hosting reserves the right to charge the applicable fee for upgrades to templates and themes provided.
You agree to adhere to system policies as published online by WebWolf Hosting, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at WebWolf Hosting. You agree to abide by any and all future WebWolf Hosting policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify WebWolf Hosting immediately in writing by registered mail, return receipted, to WebWolf cc, 7 Rockdale, Rockdale Rd, Richmond Hill, Port Elizabeth, Republic of South Africa. You shall be held fully responsible for any misuse or compromise to your account for which WebWolf Hosting is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, WebWolf Hosting has the right to suspend access to the account pending an investigation and resolution. You also agree that WebWolf Hosting & Design has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
15. BACKUP OF DATA
Your use of the service is at your sole risk. WebWolf Hosting is not responsible for files and 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 WebWolf Hosting servers.
16. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of WebWolf Hosting or any other service with reference to services obtained through WebWolf Hosting , for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, WebWolf Hosting, or any other party or parties resulting from any such conduct.
17. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. WebWolf Hosting reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant WebWolf Hosting and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WebWolf Hosting and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WebWolf Hosting or its affiliates for all claims resulting from content you supply. WebWolf Hosting has the right but not the obligation to monitor and edit or remove any activity or content. WebWolf Hosting takes no responsibility and assumes no liability for any content posted by you or any third party.
18. COPYRIGHT COMPLAINTS
WebWolf Hosting and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
19. RISK OF LOSS
All items purchased from WebWolf Hosting are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
20. PRODUCT DESCRIPTIONS
WebWolf Hosting and its affiliates attempt to be as accurate as possible. However, WebWolf Hosting does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by WebWolf Hosting itself is not as described, your sole remedy is to return it in unused condition.
21. OTHER BUSINESSES
Parties other than WebWolf Hosting and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. WebWolf Hosting does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
22. APPLICABLE LAW
By visiting WebWolf Hosting, you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WebWolf Hosting or its affiliates.
Any dispute relating in any way to your visit to WebWolf Hosting or to products you purchase through WebWolf Hosting shall be submitted to confidential arbitration in Port Elizabeth, South Africa, except that, to the extent you have in any manner violated or threatened to violate WebWolf Hosting’s intellectual property rights, WebWolf Hosting may seek injunctive or other appropriate relief in any province or court of South Africa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the South African Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
24. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with WebWolf Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
25. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to WebWolf Hosting. We reserve the right to change or modify any of the Terms and Conditions contained in this Agreement at any time and from time to time at our sole discretion, and to determine whether and when any such changes apply to both existing or future customers. WebWolf Hosting may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following WebWolf Hosting posting of any changes or modifications will constitute your acceptance of such changes or modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By placing and continuing to maintain or place information on WebWolf Hosting servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
This is our account service contract. It is fairly standard legalese. Although it may sound harsh, rest assured that we have nothing but good intentions towards our customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.