|CUSTOMER SERVICE AGREEMENT TERMS & CONDITIONS
This is an agreement between you and Eeze-Solutions regarding your use of Eeze-Solutions computers, interactive information, and communication and server management service. This Agreement governs the terms and conditions under which Eeze-Solutions makes the services offered by Eeze-Solutions available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the ” Eeze-Solutions ” web hosting or similar services. Under this Agreement, you must comply with Eeze-Solutions then current “Acceptable Use Policy,” as updated from time to time by Eeze-Solutions.
Eeze-Solutions hereby sells the service to the Account Holder on the terms and conditions herein contained which terms and conditions the Account Holder is deemed to have familiarized himself/herself with and to have irrevocably accepted when they utilize any of Eeze-Solutions Services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY..
In these terms and conditions:
1. “the “Account Holder” means the party who has purchased the service and/or any person using the service.
2. “the Service” means the Internet service described herein provided by Eeze-Solutions to the Account Holder in terms of the terms and conditions herein contained;
3. “Eeze-Solutions” means Eeze-Solutions, and its Affiliates and Eeze Brand Name.
4. “Term” refers to the Term of the contract signed by the Account Holder.
PROVISION OF SERVICE
1. The Account Holder shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunications equipment, modems and the like, which is or may be necessary for the Account Holder to obtain and retain access to the required service(s).
2. The Account Holder shall be liable for all telephone call charges and other third party costs incidental thereto.
AVAILABILITY OF SERVICE
1. Eeze-Solutions shall make every effort to make the service available at all times and shall use its utmost endeavors to strive for 100% (one hundred per centum) uptime. Eeze-Solutions are, however, unable to guarantee 100% (one hundred per centum) uptime.
2. Eeze-Solutions will use its best efforts to maintain a full time Internet presence for the Account Holder.
3. Eeze-Solutions shall strive at all times to provide Account Holders with prior notice, where possible, of scheduled maintenance so as to avoid Account Holders having to log-off for any period of time.
4. Eeze-Solutions shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
5. Eeze-Solution’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. Eeze-Solutions expressly disclaim any representation or warranty that the Eeze-Solutions services will be error-free, totally secure or uninterrupted. No oral advice or written information given by Eeze-Solutions, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice.
6. 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.
7. In no event shall Eeze-Solutions be liable to the Account Holder for any damages resulting from or related to any failure or delay of Eeze-Solutions in providing access to the Internet under this Agreement.
8. In no event shall Eeze-Solutions be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof.
9. The aggregate, total liability of Eeze-Solutions under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder.
10. The Account Holder accordingly indemnifies Eeze-Solutions against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Eeze-Solutions being unable to make its service available to the Account Holder under the circumstances described in this clause.
11. The terms of this Section will survive any termination of this Agreement.
The Account Holder acknowledges and agrees that:
Account Holders are expected to abide by generally accepted Usenet etiquette (“Netiquette”);
1. The Account Holder shall not use the service in a manner which:
1. Constitutes a violation of any law, regulation or tariff that may be offensive to internet users in general, to the public at large or as same may be determined from time to time by Eeze-Solutions in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
2. Is defamatory, fraudulent or deceptive;
3. Is intended to threaten, harass or intimidate;
4. Tends to damage the name or reputation of Eeze-Solutions, its holding company, affiliates or subsidiaries; or interferes with the use and enjoyment of Internet related services of the Account Holders of Eeze-Solutions.
The Account Holder undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the internet as specified or implied by Eeze-Solutions or any of the local or
Foreign Service providers or laws governing the provisions of the service and Internet.
The Account Holder agrees not to harm Eeze-Solutions, its reputation, computer systems, programming and/or other persons using Eeze-Solution’s services.
PAYMENT OF SERVICE
Eeze-Solutions shall bill the Account Holder in advance for the following month for hosting/access services Design and the likes. Other services rendered traffic overages, support will be billed in arrears.
1. Eeze-Solutions will only issue invoice on request by the Account Holder.
2. The Account Holder pays to Eeze-Solutions such charges as levied by Eeze-Solutions from time to time as follows:
1. Monthly Subscriptions – The charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly in advance by the Account Holder to Eeze-Solutions , including a pro-rata charge for the first months billing(excluding access traffic). Payment is rendered without deduction, free of exchange or set-off by way of debit order; or in such manner as determined by Eeze-Solutions. It is a condition of activation that details of a valid, unexpired Visa, Master Card or a current bank account be provided for debit order purposes. All amounts due to Eeze-Solutions will be recovered from the banking source given. This amount is non-refundable.
2. Annual Subscriptions – The charge for a subscription to the service on an Annual basis is payable in full in advance by the Account Holder to Eeze-Solutions. It is a condition of activation that details of a valid, unexpired Visa, Master Credit Card, or a current bank account be provided for debit order purposes. All amounts due to Eeze-Solutions will be recovered from the banking source given. This amount is non-refundable. Annual subscriptions will be renewed automatically.
3. Usage fees, where applicable, will be billed in arrears. Eeze-Solutions reserve the right to withhold access for overdue accounts, while the Account Holder shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
4. Debit Order Return Fee of R50-00 will be added to each debit order returned
5. Reconnection Fee of R100-00 will be added to each account that is disabled due to late or nonpayment.
6. Without prejudice to rights granted to Eeze-Solutions in terms hereof, any amount due by the Account Holder to Eeze-Solutions not paid on due date thereof: Shall bear interest at a rate equal to the maximum, allowable in terms of the Usury Act, 1968, calculated daily in advance from the date payment was due until date of actual payment thereof; and
7. Should the Account Holder fail to pay any amount owing to Eeze-Solutions on the due date, Eeze-Solutions shall be entitled, in its discretion and without prejudice to any other rights, which it may have, to cancel this agreement without notice to the Account Holder, or to suspend performance of its obligation pending full payment by the Account Holder.
8. In the instance where this agreement, in respect of any products applied for, specifies a minimum period of one year’s duration and an Account Holder cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall all immediately become due and payable to Eeze-Solutions
· Eeze-Solutions reserves the right to refuse the release of the customers website/domain on any account that has a balance owing to Eeze-Solutions in respect of services rendered, this includes monies outstanding for Web hosting services, Internet access services and support services rendered to the customer by Eeze-Solutions.
· Eeze-Solutions shall be entitled to take all such steps, without notice to the Account Holder, as may be necessary to recover such outstanding amount. The Account Holder shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
· In the case of a CC/Partnership the Members/Partners bind themselves personally liable for any amounts owing to Eeze-Solutions in respect of the CC/Partnership. In the event of a CC or Partnership being liquidated the Members/Partners bind themselves personally liable for any amounts outstanding and any costs incurred in respect of the recovery of the outstanding amount. Eeze-Solutions furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa the Members/Partners of such CC / Partnerships who fails to comply with the payment agreement for subscription to the service.
· Eeze-Solutions furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa, any such Account Holder who fails to comply with the payment agreement for subscription to the service. In addition Eeze-Solutions will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
· Eeze-Solutions reserves the right to amend Service subscription charges at its sole discretion. Eeze-Solutions will give the Account Holder 30(Thirty) days notice of any such amendment and the Account Holder shall be bound to such adjustments.
· Eeze-Solutions may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
· Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Eeze-Solutions reserves the right to change the specified rates and charges from time to time.
1. The Account Holder undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The Account Holder furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be affected to these terms and conditions and hereby consents to Eeze-Solutions effecting such amendments without prior notice.
1. If either Eeze-Solutions or the Account Holder breaches any term of this agreement and fails to remedy such breach within fourteen days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.
1. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings. 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.
COMMENCEMENT, DURATION AND TERMINATION
1. This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by Eeze-Solutions and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month’s written notice to the other to that effect.
2. Written notice must reach Eeze-Solutions by no later that the 1st of the calendar month.
DISCLAIMER FOR LIABILITY
1. Although Eeze-Solutions shall use reasonable endeavors to provide disaster recovery, Eeze-Solutions does not specify any recovery time, nor shall Eeze-Solutions be liable for any loss or damage of whatever nature incurred or suffered by the Account Holder from any cause whatsoever as a result of Eeze-Solutions failure to provide, or delay in providing, or providing only partial, disaster recovery. The Account Holder is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by Account Holder will be successful or in any way will avoid disaster.
2. The Account Holder shall have no claim against Eeze-Solutions and the Account Holder hereby indemnifies and holds Eeze-Solutions free from liability in respect of any loss or damage by:
1. Caused by or arising from any fact or circumstances beyond the reasonable control of Eeze-Solutions; or
2. If such loss or damage is consequential or incidental loss or damage; or
3. Any downtime, outage, interruption in or unavailability of the server or the Eeze-Solutions network as a result of or attributable to any of the following causes:
4. Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
5. System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
6. The damage, contamination or corruption of any kind of the server or any of the Account Holder’s data, material, information and/or content howsoever occasioned;
7. Any inaccuracies in the impression statistics given to the Account Holder or in the page counter on the Account Holder’s web site;
8. Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
9. The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Eeze-Solutions network is connected;
10. Any infringement of the Account Holder’s rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Account Holder’s web site in terms of this agreement;
11. Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Account Holder’s information, data or content;
12. The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
13. Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
3. Eeze-Solutions reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Eeze-Solutions network and the Account Holder undertakes that it will not do or permit anything to be done which will compromise the security of the Eeze-Solutions network.
4. Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if Eeze-Solutions has substantially performed its obligations under this agreement.
5. You agree that Eeze-Solutions may establish limits concerning use of any Eeze-Solutions service offered on any Eeze-Solutions web site, including without limitation the maximum number of days that e-mail messages will be retained by any Eeze-Solutions service, the maximum number of e-mail messages that may be sent from or received by an account on any Eeze-Solutions service, the maximum size of an e-mail message that may be sent from or received by an account on any Eeze-Solutions service, the maximum disk space that will be allotted on Eeze-Solutions’ servers on your behalf either cumulatively or for any particular service. You agree that Eeze-Solutions has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Eeze-Solutions service. You acknowledge that the features, parameters (for example, the amount of storage available to Account Holders) or existence of any Eeze-Solutions service may change at any time.
6. 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 Eeze-Solutions.
1. The Account Holder indemnifies and holds Eeze-Solutions, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the service.
2. The Account Holder agrees to indemnify and hold Eeze-Solutions harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Eeze-Solutions will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
1. The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
2. Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box.
3. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
4. Any notice given and any payment made by one party to the other (“the addressee”) which: –
5. Is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
6. Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
7. Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee’s domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;
1. The Account Holder hereby irrevocably consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the magistrates’ Courts Act of 1944, provided that Eeze-Solutions shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
2. 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). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of the Eeze-Solutions services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. 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. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
CESSION AND DELEGATION
1. The Account Holder shall not cede, assign or delegate or in manner whatsoever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior consent or Eeze-Solutions.
2. In the event of any change in controlling interest in the Account Holder, Eeze-Solutions shall be entitled to terminate this agreement on notice to the Account Holder.
3. The Account Holder shall notify Eeze-Solutions of any change in its controlling interest within 14(Fourteen) days of such change.
4. Eeze-Solutions shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its right and obligations under these terms and Conditions.
1. The Account Holder acknowledges and agrees that these terms and Conditions govern the Account Holders use of the Service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
2. The Account Holder shall not, without the express written permission of Eeze-Solutions, resell or make available to any third party such services as they might receive from Eeze-Solutions .
3. These terms and conditions may change from time to time.
4. The Account Holder may view such terms and conditions online @ Terms and Conditions and unless otherwise notified, Eeze-Solutions shall deem that the Account Holder has acknowledged and agreed there to within 14(Fourteen) days of such changes being affected.
5. General system updates / notifications related to specific products will be provided by means of the customer portal area, referred to as the “Eeze-Solutions Billing System”. The Account Holder may view such notifications / system updates in the Eeze-Solutions Billing system and unless otherwise notified, Eeze-Solutions shall deem that the Account Holder has acknowledged and agreed there to within 14(Fourteen) days of such changes/updates being affected.
6. Eeze-Solutions may include the Account Holder’s name and contact information in directories of Eeze-Solution’s service subscribers for the purpose promoting the use of the services by additional potential Account Holders. However, Eeze-Solutions 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.
7. Eeze-Solutions will not change passwords to any account without proof of identification, which is satisfactory to Eeze-Solutions, which may include written authorization with signature.
8. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Eeze-Solutions will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Eeze-Solutions 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 Eeze-Solutions from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
9. This Agreement constitutes the entire agreement between the Account Holder and Eeze-Solutions with respect to the Eeze-Solutions services and supersedes all prior agreements between the Account Holder and Eeze-Solutions. Eeze-Solutions’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. 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.
10. 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 Account Holders of that account. A Eeze-Solutions account may not be transferred without prior written approval from Eeze-Solutions. 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 Eeze-Solutions services, including any damages resulting there from, until the Account Holder notifies Eeze-Solution’s customer service.
11. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Eeze-Solutions.
12. We require written notification of cancellation of a service with 30 days prior to the renewal date. You must have all account information to cancel and send your notification via email to firstname.lastname@example.org or use the cancellation procedure provided via the Billing system / Customer portal. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a-la-carte services.
DOMAIN SERVICES – TERMS AND CONDITIONS
1. Eeze-Solutions shall in accordance with the Account Holder’s instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the Account Holder.
2. The Account Holder acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that Eeze-Solutions cannot guarantee the registration of the domain selected by the Account Holder.
3. The Account Holder hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds Eeze-Solutions free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
4. The Account holder acknowledges that in the event of a suspension/disconnection due to non payment for services rendered, which is outstanding for a period of over 30 (Thirty) days without remedy, Eeze-Solutions at its sole discretion may :
1. Take ownership of such domain names at its own cost, for Resale to other parties or for own use.
2. The Account Holder agrees to indemnify and hold harmless Eeze-Solutions from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Eeze-Solutions, (collectively, Claims) related to or in connection with Eeze-Solutions taking over such domain name ownership.
3. Issue a deletion request for the domain at the specific registration authority.
The Account Holder agrees to refund to Eeze-Solutions the costs levied by registration authorities in procuring the registration of the domain name.
The registration facility supplied to resellers is provided at their own risk, Eeze-Solutions does not have insight in the clients/domain information registered by resellers on Eeze-Solutions hosting systems. Resellers need to ensure registrations are successfully completed by checking the whois servers of the various registrars for registration confirmation at least 48 hours after registration is requested. Eeze-Solutions accepts no responsibility for failed registrations, due to incorrect domain control panel setup by resellers. The facility is provided as a value added service with a minimal service fee charged to send the registration documentation to the registrars for processing and as a reminder service when domain registrations need to be renewed.
Any domains that are not renewed by the due date indicated as per domain renewal notifications can and will become expired at the various registrars, these domains once expired, and Eeze-Solutions cannot guarantee that they will be available for renewal/re-registration after they are expired.
MAIL SPOOLING – TERMS AND CONDITIONS
1. Eeze-Solutions shall provide the Account Holder with an SMTP/POP3 mail spooling service in accordance with the Account Holder’s choices as set out in this application form and at such charges as specified in the main order form.
2. The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
3. Eeze-Solutions assume no responsibility for the failure of any mail delivery or the loss of any mail.
4. The Account Holder undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and Eeze-Solutions reserves the right to suspend or terminate the service if relaying occurs until such time as the Account Holder has taken steps to prevent the relaying.
5. The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.
WEB SITE HOSTING – TERMS AND CONDITIONS
Eeze-Solutions shall, in accordance with the account holder’s choices indicated on the account holders application form:
1. Host an account for you, the Account Holder, for the Account Holder’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder.
2. Permit users of the Internet, access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
3. Provide such platform as set out in the application form; Allocate the Account Holder disk space on Eeze-Solution’s server as indicated on this application form;
4. Take such steps as Eeze-Solutions regards as reasonable to secure the Account Holder’s Web site from unauthorized access;
5. The then current contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated by the customer.
6. We require written notification of cancellation of a service with 30 days prior to the renewal date.
7. You must have all account information to cancel and send your notification via email to email@example.com or use the cancellation procedure provided via the Billing system / Customer portal. If you do not provide this notice, you will be charged for the next terms rate.
8. There are no refunds on a-la-carte services.
9. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography.
10. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Eeze-Solutions, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Eeze-Solutions based upon the severity of the violation.
11. Eeze-Solutions reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s web site is deemed illegal, misleading, or obscene, or is otherwise in breach of Eeze-Solutions’ then current Acceptable Use Policy, in the sole and absolute opinion of Eeze-Solutions.
12. Notwithstanding anything in this Agreement, the content of the Account Holder’s web site is the sole responsibility of the Account Holder.
13. Eeze-Solutions shall not be liable for any illegal software or licenses.
14. The Account Holder agrees to indemnify and hold harmless Eeze-Solutions from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Eeze-Solutions, (collectively, Claims) related to or in connection with the content of the Account Holder’s web site.
The terms of this Section will survive any termination of this Agreement.
CONTENT MONITORING AND TERMINATION RIGHTS
1. The Account Holder acknowledges that Eeze-Solutions has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Account Holder’s content as hosted by Eeze-Solutions and published by the Account Holder on the Account Holder’s web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Eeze-Solutions, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Eeze-Solutions, its affiliates, and its business partners.
2. Accordingly the Account Holder agrees, if Eeze-Solutions in the exercise of its sole discretion is of the opinion that the Account Holder’s content is offensive, unlawful, or harmful, as set out above, or the Account Holder has uploaded and utilized illegal or harmful software or licenses, that Eeze-Solutions without derogating from any of its other rights in terms of this agreement, may:
1. request the Account Holder forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
2. request the Account Holder forthwith to amend or modify the content; or
3. without notice delete the Account Holder’s web site from the server; or
4. without notice terminate access to the Account Holder’s web site; or
5. The Account Holder agrees that nothing that Eeze-Solutions does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Eeze-Solutions for the content of the Account Holder’s web site or the illegal use of software or licenses and the publication thereof, whether or not Eeze-Solutions had knowledge of such content and the Account Holder hereby indemnifies Eeze-Solutions and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Account Holder’s content or software as well as any other data or software on the Account Holder’s web site.
Eeze-Solutions shall use its best endeavors to notify the Account Holder of any action taken in terms of clause above, but does not warrant that notice shall be given to the Account Holder prior to such action being taken.
If Eeze-Solutions assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the Eeze-Solutions services, the right to use that Internet Protocol address will remain with and belong only to Eeze-Solutions, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Eeze-Solutions in its sole and absolute discretion.
If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Eeze-Solutions has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Eeze-Solutions Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Eeze-Solutions, Eeze-Solutions may terminate the services being provided to the Account Holder.
Eeze-Solutions reserves the right to select the server for Account Holder’s web site for best performance. The Account Holder understands that the services provided by Eeze-Solutions are provided on a shared server. This means that one web site 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 web site overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it’s web site. Eeze-Solutions will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Eeze-Solutions has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Eeze-Solutions and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Eeze-Solutions The terms of this Section will survive any termination of this Agreement.
E-MAIL – TERMS AND CONDITIONS
1. Eeze-Solutions shall provide the Account Holder with e-mail services in accordance with the Account Holder’s choices as set out in the this application form.
2. Eeze-Solutions assume no responsibility for the failure of any mail delivery or the loss of any mail.
3. The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.
BULK MAILING SERVICES – TERMS AND CONDITIONS
1. Eeze-Solutions shall provide the Account Holder with a Bulk email service in accordance with the Account Holder’s choices as requested.
2. The account Holder will ensure that all subscriptions on the mail list are verified subscriptions, and dirty lists will result in possible blacklisting of ip addresses and will result in suspension and possible termination of such mail lists.
3. Eeze-Solutions shall assume no responsibility for the failure of any mail delivery or the loss of any mail. Eeze-Solutions will immediately terminate any list owner account that it believes in its sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
4. Compliance of the ECT Act regarding Commercial mail must be abided to. Any contravention of the Act leading to legal action due to the breach will be for the mail list owner’s responsibility.
5. The Account Holder indemnifies and holds Eeze-Solutions, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the Bulk email service.
6. If any of Eeze-Solutions ip addresses get blacklisted due to UCE bulk email / Spam sending from any mail list will result in the Account Holder being responsible for costs to have such ip addresses removed from the blacklist systems. This is normally charged at around $50 per ip address/spam email received by RBL’s such as Sorbs, Spamhaus, Spamcop, etc. This is normally charged as a “fine” and paid to one of the charities identified by the specific RBL system at that point in time.
7. By using our bulk mailing system, we automatically accept that you have agreed to be bound by these terms and conditions listed herein.