PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, any use or Privacy Policies, and any other information contained on Mweb's legal notices page, which will always apply to your use of this product or service.
PRODUCT TERMS: CAPPED HOSTING
1. DEFINITIONS
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. In these Service Terms:1.1. "cPanel" means Control Panel, Inc, and includes its authorised partners and/or distributors; an online web site folder which enables Customer to upload customised pages and link them to the front end of Customer’s Website.
1.2. "cPanel Software" means the cPanel software program(s) supplied by cPanel and corresponding documentation, source code, object code, updates, user interfaces (including without limitation any web-based interfaces), printed materials and online or electronic documentation, excluding any third party components, used to provide the Web Application Service;
1.3. "Customer Software" means any software, application (including Web Applications) and/or component required and loaded by you or loaded on your behalf for your Website and/or database or for end user Equipment or /distributed to you in any manner for purposes of using any part of the Services or any Functionality thereof, but excludes low level Server software installed by Mweb on its Servers;
1.4. "Customer's Website" or "your Website" means either your Website linked to the Shared Webhosting, which website you may create, build and publish, by you using the Web Applications or the Online Tool, or, in the case of you using the Demo Service, it means the demo website you may create or build, and which may not be linked to the Shared Webhosting;
1.5. "Database Hosting" means the services contemplated in these Terms, which Mweb renders to Customer in accordance with Customer’s selections as indicated by Customer upon sign up under such heading or description whereby Mweb will host Customer’s database;
1.6. "Demo Service" means the services which will enable you to test the Website SelfBuild Services which will enable you to create a demo website but will not allow publication thereof;
1.7. "Disk Space" means the disk space allocated to Customer on a monthly basis and used for the purposes of hosting Customer's Website and/or database and stored by Mweb on a storage medium which includes without limitation, the computer hard drive;
1.8. "Domain Name" means the domain name that is the subject of the Domain Service, as selected by you upon sign up.
1.9. "Domain Service" means the domain services selected by you upon sign up under such heading or description;
1.10. "FTP" means File Transfer Protocol being a method for sending a file to a location on a network via the internet;
1.11. "Functionalities" means any functionalities or features which are or may be incorporated into the Service or any part thereof from time to time;
1.12. "Licensed Server" means the Server on which the cPanel Software is installed to enable you to use the Web Application Service;
1.13. "Mailbox" means the mailbox services Mweb renders comprising of an e-mail box on Mweb's systems, including an e-mail address;
1.14. "Online Tool" means the Website SelfBuild Online Tool made available to you by us to create, build and where applicable publish, your Website;
1.15. "Registrar" means the entities referred to in clause 5.5 below or any replacement thereof and/or any other entity who attends to the administration or registration of domain names;
1.16. "Server(s)" means the Mweb file server, including the Licensed Server, used to supply the Services to Customer, including any Software loaded by Mweb on such server that controls basic, low-level server hardware operations and file management without the user thereof having to operate it or application software ("Server Software"), but excludes any Customer Software including as contemplated in clause 6.6 below;
1.17. "the Service(s)" means the services provided under these Terms collectively known as the Capped Hosting Services which shall comprise of (i) Domain Service; (ii) Mailbox; (iii) Shared Webhosting; (iv) Database Hosting (v) Website SelfBuild Services and/or (vi) Web Application Service;
1.18. "Service Website" means https://myaccount.mweb.co.za;
1.19. "Shared Webhosting" means the services selected by you upon sign up whereby Mweb will host your Website;
1.20. "Software" means all the Software or programs used in relation to the Services, including: (i) software that provides services or Functionalities on a computer acting as a Server without the user thereof having to operate it; (ii) Customer Software; (iii) Third Party Software and (iv) Web Applications;
1.21. "Support Data" means all data collected by us or cPanel in order to provide the Services including support for Web Application Service. Such data may, include (a) IP addresses (b) data utilized to prevent and combat various server attacks by hackers or their hardware, including usernames and passwords necessary to login to affected accounts, Capped Hosting or other accounts (c) information required to resolve incidents and which information, may personally identify you, and (d) information collected from time to time concerning which features of the cPanel Software are most often used in order to improve and make adjustments to the Services;
1.22. "Third Party Software" means Software components and/or computer programs or any part thereof, initially developed by third parties and used or modified for use in this Service, including the Online Tool and Web Applications, cPanel Software, and any other Software offered through the cPanel or our Service Website and licensed under the licensing terms of the relevant authors, owners or licensors thereof ("Third Party Proprietors");
1.23. "Web Application(s)" means the scripts and application Software made available to you through Third Party Software including cPanel Software to create, build and where applicable publish your Website content, and to manage your Capped Hosting Services, but excludes the Online Tool;
1.24. "Web Application Service" means the template-based solution and Web Application(s) and Functionalities made available to you to create, build and where applicable, publish your Website content, and to manage your Website and the Capped Hosting Services;
1.25. "Website SelfBuild Service(s)" means the Website SelfBuild Service providing you with a template based solution to create, build and where applicable, publish your Website. The Services which Mweb renders to Customer in accordance with Customer’s selection, as indicated upon sign up under such heading or description whereby Customer is provided with (i) Website Hosting; (ii) website design; and (iii) C-Panel (only if selected and it forms part of Customer’s Website Self Build Service.
1.26. "SSL Certificate" means it creates a secure link between our web server and a web browser. This is to keep information private and secure.
1.27. "Back up Restore" means you can restore and back up files using a Software service supplied by Mweb. This feature allows you to back-up your website, which allows them to restore the same website if it has been become corrupted without having to start a new website from scratch.
1.28. "Malware Scanning" means that Mweb will supply a Malware Scanner which scans file systems for malware injection which you can automatically clean up infected files.
1.29. ’’Domain squatting’’ means buying of a domain name for the purpose of selling and reselling it to the highest bidder.
1.30. “Website Hosting” means the services which Mweb renders to Customer in accordance with Customer’s selection, as indicated upon sign up under such heading or description whereby Mweb will host Customer’s website.
1.31. ’'DLL/Dynamic Link Library’’ means a library that contains shared code that can be used and linked to by multiple programs.
1.32. ‘’DNS’’ means Domain Name System.
1.33. '’DNS Management’’ means Domain Name System is a system that points a domain name to physical IP address. For example, when a user types in www.mweb.co.za in their browser and hits enter, the DNS server points it to the IP address where the website is hosted.
1.34. ‘’DNS records’’ means A DNS record is a database record used to map a URL to an IP address. DNS records are stored in DNS servers and help users connect their website to the outside world. When a URL is entered and searched in the browser, it is transmitted to the DNS server and then redirected to the specific web server.
2. DURATION AND GENERAL SERVICE TERMS
2.1. Termination of any one or more of the individual Services comprising the Capped Hosting Services shall constitute termination of the Capped Hosting Services as a whole and Customer shall not be able to benefit from the discount structure of the Services.
2.2. Should the Customer terminate the Services, Customer will have to apply for any of the individual Services again.
3. PAYMENT
3.1. Customer shall pay Mweb the services fees specified upon sign up in accordance with the provisions set out in the General Terms.
3.2. Customer shall pay Mweb in addition to any service fees all reasonable expenses and/or charges relating to the registration, transfer or renewal of Domain Name.
3.3. Mweb shall, as part of the Domain Service host the Domain Name and Mweb shall be entitled to charge its normal fees related to the hosting of a Domain Name and such fees shall be deemed to be service fees.
3.4. All upgrades shall be subject to Mweb approval which shall be communicated by activating the upgrades applied for. It may be affected during a calendar month provided that you will be billed for the full month at the next monthly billing cycle. You may however only downgrade at the end of a calendar month, meaning the 1st of the next month. You shall pay Mweb the service fees specified on the Service Website and/or upon sign up respect of such upgrades.
3.5. Mweb cannot register, transfer or renew a Domain Name without paying the Registrar annually in advance. Accordingly, all Domain Service fees shall be billed and payable annually in advance.
3.6. In the event of termination of the Services Mweb shall not be liable to refund you any such Domain Service fees and/or with charges already incurred or paid by Mweb in advance to the Registrars and/or upstream service providers.
4. DOMAIN DURATION
4.1 Subject to the provisions of the General Terms and Conditions, this agreement will commence on the Activation Date and will endure for successive periods of 1 (one) year each. Mweb will automatically renew registration of your Domain annually if your account is not in arrears. Either Party may terminate the Domain Service at the end of any 1 (one) year period by giving the other Party 1 (one) calendar month’s written notice of termination prior to the end of that 1 (one) year period. Any notice of termination given by Customer during any 1 (one) year period shall only become effective upon the expiry of that year.
4.2 In the event of a termination, Customer's use of the Domain Service shall be deemed terminated. However, in the event that Customer continuing to use the Domain Service following a termination, the terms and conditions of the Agreement will apply to Customer and Customer shall be liable to pay the full usage costs to Mweb. However, this shall in no way constitute a revival of the Agreement between the Parties and Mweb shall furthermore be entitled to terminate the Domain Service without notice to Customer.
4.3 To the extent that the Domain Service provided to Customer are suspended by Mweb in terms of the General Terms and Conditions or for any other reason whatsoever, Customer acknowledges that it will forfeit its access to and/or use of the Domain Service, but Customer shall still be liable to pay any service fees during such suspension.
4.4 You indemnify us against any damage, loss, cost or claim which you may suffer or incur arising from the suspension or termination of the Domain Service.
5. TERMS SPECIFIC TO DOMAIN
5.1. Mweb shall use its reasonable efforts to attend to the registration of Domain Name or, where applicable, the transfer of the hosting of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Service.
5.2. Customer authorises Mweb to use any of its particulars it deems fit to effectively manage the registration, transfer, renewal and/or hosting of Domain Name in terms of the Domain Service. Mweb has no interest in the Domain Name and the Domain Name shall not become the property of Mweb. Nothing that Mweb does in the performance of its obligations shall be construed as an assumption of responsibility or liability by Mweb for the Domain Name whether or not Mweb had knowledge of Domain Name or not.
5.3. Should the Domain Service be terminated for any reason whatsoever Mweb shall, without incurring any liability of whatever nature, be entitled to notify the Registrar of such termination and to instruct such Registrar to remove Mweb and/or any of its systems as the host of such Domain Name even if no replacement is available.
5.4 Customer agrees:
5.4.1. `any failure, delay or lack of ability within MultiChoice’s operating platforms in the delivery of the Content or the accessing of DStv and/or its services; or
5.4.2. any loss (including loss of data), damage (including damage to the User’s hardware and your Device), costs or expenses suffered or incurred by you directly or indirectly as a result of your failure to properly install the hardware or software, or due to any incompatibility of the your Device with DStv or any of its services.
5.4.1 to pay Mweb in addition to any service fees all reasonable expenses and/or charges relating to the registration, transfer or renewal of Domain Name;
5.4.2 that Mweb shall, as part of the Domain Service host the Domain Name and Mweb shall be entitled to charge its normal fees related to the hosting of a Domain Name and such fees shall be deemed to be service fees.
5.4.3 that “domain squatting” shall not be allowed.
5.5. It is recorded that (i) All domain names in the .co.za name space or sub-domain ending in .co.za, are administered by Uniforum SA and Diamatrix and are subject to the terms and conditions of Uniforum SA and Diamatrix as amended from time to time; zaDNA and Diamatrix manage the .za domain name space and other domain names ending in .za are currently administered under the .org.za domain, .ac.za domain by Tenet, and .nom.za domain by .nom.za namespace (ii) Mweb utilizes the services of Diamatrix , to register international domain names subject to the terms and conditions of Diamatrix, as amended from time to time; (iii) registration, maintenance or, transfer of a Domain Name is subject to the terms and conditions of the Registrars which allocate and govern such Domain Name, and Mweb cannot guarantee the registration of Domain Name(s) selected by Customer; (iv) Registrars may change or be replaced from time to time; and (v) Mweb may change its registration provider from time to time on written notice to Customer; (vi) All Registrars’ terms and conditions, mentioned above, are binding upon Customer by reason of Customer’s acceptance of these Terms.
5.6. We do not do pre-registration searches and you are liable and responsible for the Domain Name and it is your responsibility to ensure that your use and registration of a Domain Name does not infringe any third party Intellectual Property Rights. As such you warrant that: (i) you are the lawfully entitled owner of Domain Name(s) or have the consent of the owner to use such Domain Name(s); and (ii) in using Domain Name(s) you are not violating any Intellectual Property Rights of whatever nature of any third party who may lawfully claim title of whatever nature to such Domain Name. You indemnify Mweb against any third party or other claims that may be instituted against Mweb as a result of the breach of such third party's Intellectual Property Rights or breach of any warranty herein.
5.7 In the event that any of the Registrars amends, suspends or terminates its provision of the Domain Service or any other aspect of its services upon which Mweb depends for the provision of the Domain Service to Customer, Mweb will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that Mweb is unable to ensure such continuance under any circumstances Mweb shall be entitled to terminate the Domain Service with immediate effect in which event, Customer agrees that Mweb will not be liable to Customer or any other third party for any loss or damages incurred by Customer or by any third party arising from, or in any way relating to, the termination of the Domain Service.
5.8 Customer hereby warrants in favour of Mweb that: (i) it is the lawfully entitled owner of Domain Name(s) or it has the consent of the owner to use such Domain Name(s); and (ii) in using Domain Name(s) 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. Customer indemnifies Mweb against any third party or other claim that may be instituted against Mweb as a result of the breach of such party’s intellectual property rights.
5.9 Customer acknowledges and agrees that Mweb has no interest in the Domain Name and agrees that nothing that Mweb does in the performance of its obligations in terms of the Domain Service shall be construed as an assumption of responsibility or liability by Mweb for attending to the Domain Service whether or not Mweb had knowledge of Domain Name or not.
5.10 Without limiting the generality of these Terms Customer hereby indemnifies Mweb and holds it harmless against any liability and/or any claim of whatever nature made by any person for any loss or damage suffered or arising directly or indirectly from the use, display and/or publication of such Domain Name.
6. TERMS AND CONDITIONS SPECIFIC TO SHARED WEBHOSTING AND DATABASE HOSTING
6.1. Subject to our Acceptable Use Policy and the Agreement, the traffic allocation to your Website and the Disk Space for hosting of your Website shall be capped.
6.2. Mweb shall provide Customer with the Disk Space more fully described upon sign up on a Server in order to host Customer's Website and/or database, on such platform as selected upon sign up.
6.3. Mweb undertakes to use reasonable endeavours to ensure that Customer's Disk Space is secure to prevent unauthorized access.
6.4. In the case of Shared Webhosting, Mweb shall only be obliged to keep the website log files relating to Customer's Website for a period of 3 (three) consecutive months calculated from the date of the first billing month and thereafter, Mweb shall only keep a summary of Customer's Website log files for a period of 3 (three) years. It is therefore Customer's responsibility to query any website log files within a period of 3 (three) consecutive months failing which, Customer will only be provided with a summary of the website log files to clarify and/or respond to any query.
6.5. Mweb will, without being under any obligation to do so, maintain, and/or upgrade the Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises Mweb to implement any of the above, as and when it deems fit. 6.6. Any Customer Software, application and/or component required and loaded by you or loaded on your behalf for your Website and/or database will be loaded at your sole risk and responsibility.
6.7. Notwithstanding the provisions of clause 6.6 above, Mweb will be entitled, but without having any obligation to do so: (i) in its own discretion determine which Customer Software may be loaded by Customer on or for Customer's Website and/or the database; and (ii) have the right to: (a) disallow the installation of any Customer Software required by Customer; (b) suspend Customer's Website and/or database and/or access to Customer's Website and/or database without notice to Customer should you install any Customer Software which may affect the security or operation of Mweb's Server and network infrastructure; and/or use and/or access to the Service by Mweb's customers.
6.8. The licensing of all installed Customer Software, application and/or component contemplated in clauses 6.6 and 6.7 shall be your sole responsibility. Without limiting Mweb's rights, any failure to license such Customer Software correctly may result in the termination and/or suspension. Mweb retains the right to carry out routine checks to validate such software license agreements.
6.9. You are solely responsible for all the support, maintenance and/or upgrades of Customer Software, installed in terms of clause 6.6, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. Mweb shall provide you with technical support relating to FTP in the case of Shared Webhosting and database access details consisting of database name, database username and database password in the case of Database Hosting, but in both instances in the form of connectivity checks only.
6.10. The Service does not include the development, maintenance and/or FTP or uploading of the Customer's Website and/or database in any way whatsoever.
6.11. It shall be your sole responsibility to do back-ups of your content/data hosted in terms of the Service. Mweb shall not be liable for any loss of content or data, whatsoever.
6.12. In addition to Mweb's Acceptable Use Policy contained in the General Terms and Conditions, the following conditions apply:
6.13. Shared Webhosting Servers are designed for hosting of typical website content and to serve the webhosting needs of the normal operation of a personal or small home business website. The Servers are not intended to support the sustained demand of medium to large enterprises, or non-typical applications better suited to a dedicated server.
6.18. Mweb, expressly disclaims any direct, indirect, incidental, special, punitive, consequential losses or damages, of whatever nature including which arise or may arise from (a) the Service or the hosting of any content, application and/or data of whatever nature (b) maintenance and/or upgrades contemplated in clause 6.5 (c) installation and/or use of any Customer Software or other Software on your Website and/or database contemplated in clause 6.6. You indemnify Mweb against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (a) to (c) above.
7. TERMS SPECIFIC TO MAILBOX
PLEASE NOTE: The Mailbox service specific terms and conditions must always be read together with our General Terms and Conditions https://www.mweb.co.za/legal-notices/terms/mailbox-conditions , which will always apply to your use of this product or service.
8. TERMS SPECIFIC TO WEBSITE SELFBUILD
8.1. Website Hosting is a pre-requisite for Website Self Build.
8.2. The Website SelfBuild Service is template based. Customer acknowledges the nature of Website Self Build and accordingly agrees that the specification and operation of Website Self Build is known to him/her/it and accepts that it is suitable for the purpose it is intended to be used.
8.3. The Website SelfBuild Services may be rolled out in phases and Mweb reserves the right to add, amend, or remove Functionalities, from time to time, but will provide you with (30) thirty days’ notice in the event of removal.
8.4. Using Website SelfBuild Service will overwrite your existing Website, if any. Ensure that you have a backup of your existing Website before creating a new website..
8.5. Website SelfBuild is integrated into our Capped Hosting Services and relies on specialised Server Software. Should you decide to host elsewhere, it will not be possible to transfer your Website SelfBuild created website and you will lose it.
8.6. If the Website SelfBuild Services are for any reason whatsoever: (i) disconnected or suspended, - then your Website will be inaccessible to you and any third parties; or (ii) cancelled, - then your account will be removed from our database, your Website will be inaccessible to you and any third parties, and you will lose your created Website and Functionalities.
8.7. Certain aspects of the Website SelfBuild Service may be provided by upstream service providers. Take note that these service providers may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Website SelfBuild Service and if such changes affect this Website SelfBuild Service it will be an Uncontrollable Event.
8.8. When the Website SelfBuild Service is unavailable due to maintenance or upgrades, you will not be able to use it to create, build or edit your Website.
8.9. All title and Intellectual Property Rights in the Website SelfBuild Service (including the Online Tool and templates offered for the layout, design, look and feel and development of your Website, but excluding any user content) shall be and remain the exclusive property of Mweb or the Third Party Proprietors.
8.10. You may not use, disseminate distribute, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website SelfBuild Services or otherwise deal with it or such intellectual property without Mweb or the relevant Third Party Proprietor's written approval.
8.11. The Website SelfBuild Service and your Website created under it are used under license which license limits use of the Website SelfBuild templates to Websites hosted by Mweb under Capped Hosting. Templates may not be transferred to another website hosted by another Internet Service Provider.
8.12. You may only use content which you own, have created or which you have clear permission to use or upload (such as the license to use the templates of Website SelfBuild).
8.13. You are solely responsible and will be held liable for all content of any nature or in whatever form, which you use while using this Website SelfBuild Service. The copyright in such user content (content not forming part of the template) shall remain vested in you or the holder of the copyright therein. Mweb assumes no responsibility for the nature of anything contained or user content on your Website and disclaims all liability in respect of such nature or content. You warrant that any such content, will not infringe the Intellectual Property Rights of any third party.
8.14. Subject to limitations allowed in law, Mweb and/or upstream service providers supplying or supporting the Service will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising out of: (i) the loss, damage, disclosure or destruction of your Website, your content or data; (ii) unauthorised access to your Website and/or content or any dealings with your Website or content by other parties; (iii) your sharing of content or use of the Online Tool or any Software; and/or (iv) infringement of Intellectual Property Rights in using the Service and/or (v) any Uncontrollable Event. You indemnify Mweb against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (i) to (v) above.
8.15. Our support will not include assisting you with designing your Website and using the Online Tool to do so (e.g. choosing colours, templates and styles), but they will assist you with logging into the control panel and any publishing errors.
8.16. Mweb may in its discretion and without any obligation towards the Customer assist the Customer to integrate all information, artwork and other material provided by Customer to Mweb, into Mweb’s Website Self Build website application and thereby establish the initial Customer's Website. Mweb shall also provide the necessary functionality to navigate within Customer's Website, but they will assist you with logging into the control panel and any publishing errors.
8.17. The services provided by Mweb in terms of Website Self Build do not include: (i) updates by Mweb to Customer's Website and/or Customer's products or items incorporated therein; and (ii) any other services other than the service set out herein, including without limitation, e-commerce enablement and/or marketing services.
8.18. Customer shall ensure that Customer’s Website complies with the applicable legislation including without limitation the ECT Act
9. TERMS SPECIFIC TO WEB APPLICATION SERVICES
9.1. We will provide you with the Web Application Services as selected by you upon sign up subject to these Terms.
9.2. It is recorded that Clauses 6.5-6.9; 8.2-8.4; 8.6; 8.7-8.10; 8.12-8.15 above, with the necessary amendments referring to the Web Application Services and Licensed Server, will apply equally hereto.
9.3. We hereby grant you a limited, non-exclusive, license to use the Web Application on our Licensed Server. Your usage thereof is subject to the license conditions of any Third -Party Proprietor and the license conditions of the cPanel Software, which includes the following:
9.3.1. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Third -Party Software in any manner whatsoever, decompile, reverse engineer, disassemble, or otherwise reduce the Third-Party Software to any human- readable form, or use the Third Party Software to develop any application having the same primary functions as the Third Party Software;
9.3.2. cPanel owns all right, title and interest in, including all Intellectual Property Rights, in and to, (a) the cPanel Software; (b) all cPanel trademarks whether registered or unregistered; (c) cPanel Support Data, excluding any identifiable end user information and (d) any and all submissions made to cPanel to improve the Web Application Service (collectively, "cPanel IP Rights");
9.3.3. Subject to applicable law, Mweb, the Third Party Proprietor and cPanel disclaim all warranties of any kind, whether express or implied, relating to the Third Party Software, its third party components, and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the Third Party Software, its third party components, and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Subject to applicable law the Third Party Software, including cPanel Software, is provided "as is" and Mweb, Third Party Proprietors and cPanel do not warrant that the Third Party Software or its third party components are error-free or will operate without interruption. If the Third Party Software including cPanel Software, its third party components, or any data accessed therefrom is defective, you assume the sole responsibility for the entire cost of all repair or injury of any kind, even if we, cPanel or the Third Party Proprietors have been advised of the possibility of such defects or damages. Also, subject to applicable law:
9.3.3.1. if applicable law requires any warranties with respect to the cPanel Software, all such warranties are limited in duration to ninety (90) days from the date of delivery;
9.3.3.2. no oral or written information or advice given by Mweb, Third Party Proprietors, cPanel, its affiliates, licensees, dealers, sub-licensors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided above or implied by law.
9.4. To the maximum extent permitted by applicable law, neither Mweb, Third Party Proprietors nor cPanel will be liable for any lost profits, costs of procurement of substitute goods or services, damages for the inability to use Equipment or access data, business interruption, or for any other indirect, special, incidental, punitive or consequential damages arising out of or in connection with the Agreement, however caused, and under whatever cause of action or theory of liability brought (including, without limitation, under any contract, negligence or other tort theory of liability) even if we, Third Party Proprietors and/or cPanel have been advised of the possibility of such damages;
9.5. To the maximum extent permitted by applicable law, cPanel's aggregate liability for direct damages, (cumulatively) shall be limited to the total fees paid by you under the Agreement during the immediately preceding 12 (twelve) month period, provided, however, that for any breach of the limited warranty of clause 9.3.3.1 your sole and exclusive remedy and cPanel's entire liability shall be for cPanel, at cPanel's election and within their sole discretion, to use commercially reasonable efforts to supply you with a replacement copy of the cPanel Software that substantially conforms to the documentation supplied by cPanel; provided that you report any non-compliance with the limited warranty of clause 9.3.3.1 in writing to cPanel no more than 90 (ninety) days following delivery of the cPanel Software to you;
9.6. You may use the cPanel Software only on the Licensed Server;
9.7. Your right to use any Third Party Software shall automatically expire without notice upon the expiration or cancellation of the Agreement or the agreement between Mweb and the Third Party Proprietor or cPanel for any reason whatsoever;
9.8. You agree that Mweb or cPanel may in their sole discretion terminate, disable or suspend the use of and access to the Third Party Software by you in the event of your breach of the Agreement;
9.9. You agree that cPanel is a third party beneficiary of the Agreement with the full right to enforce the provisions hereof as they pertain to cPanel and the cPanel Software;
9.10. You agree and consent thereto that cPanel may in its sole discretion (i) monitor use of the cPanel Software; (ii) use its authentication system; and (iii) collect and use the cPanel Support Data as set forth herein;
9.11. You waive any and all claims (whether under law, equity or any other theory of liability) against Mweb, Third Party Proprietors and cPanel and its affiliates that may arise from your inability to use the Third Party Software in the event (i) of the expiration or cancellation of the Agreement for any reason whatsoever; or (ii) that we, the Third Party Proprietor or cPanel disable or suspend access to the Third Party Software or cPanel Software as set forth herein;
9.12. You may verify the licensed or unlicensed status of the cPanel Software and obtain other information about the license applicable to the Licensed Server by using the cPanel License Verification System located at http://verify.cpanel.net/ or such other URL as cPanel may designate from time to time; and
9.13. You agree and consent hereby that without further notice to you, cPanel may use technological means, including the authentications system, to (a) monitor use of the cPanel Software as may be necessary to monitor for compliance with the terms of the Agreement; (b) collect language file modifications; and (c) collect cPanel Support Data. cPanel reserves the right to copy, access, store, disclose and use cPanel Support Data indefinitely in its sole discretion; provided, however, that in the event that cPanel collects information concerning which features of the cPanel Software are most often used by you, cPanel will remove personally identifiable information (if any) from such data and copy, access, store, disclose and use such data solely for the purpose of improving the cPanel Software.
9.14. The cPanel Software contains Third-Party Software the use of which requires your agreement to additional terms and conditions with respect to such Third-Party Software. The terms and conditions for such Third Party Software are located in their respective source files at /usr/local/cPanel/src/3rdparty/ arranged by license type and you agree to these license terms.
10. TERMS AND CONDITIONS SPECIFIC TO CONTROL PANEL
10.1 Should the Parties have agreed that the Control Panel Folder forms part of Customer’s Website Self Build the specific terms and conditions contemplated in clause 8 shall not apply to my control panel, but it will be substituted with the terms and conditions in this clause 10.
10.2 The terms and conditions of Website Hosting shall be applicable to the Control Panel, but only insofar as the said terms and conditions do not contradict these Product Terms.
10.3 The control panel does not include any development of control panel/or any component thereof, which activities are the sole responsibility of Customer.
10.4 Mweb shall provide the Customer with the hosting space selected by Customer upon sign up or the hosting of Customer’s Control Panel on the Mweb server. Access to the control panel shall be via FTP (“File Transfer Protocol”) access. Mweb shall, as part of Website Self Build and if required by Customer, provide Customer with monthly statistics relating their control panel.
10.5 Mweb will: (i) not support any custom DLL’s; (ii) not support any third-party software and/or application loaded by Customer on the control panel; (iii) any configurations, code settings or modifications under any circumstances; (iv) support its Web Servers Operating System (Windows 2000) and hardware; and (v) only provide Customer with technical support relating to FTP support for the control panel in the form of connectivity checks only.
11. TERMS SPECIFIC TO SHARED WEBHOSTING AND DATABASE WEBHOSTING
11.1 Customer shall only be entitled to host one or more websites per Shared Webhosting service fully described upon sign up. Customer shall be entitled to host one or more databases per Database Hosting service fully described upon sign up.
11.2 Mweb shall provide Customer with the Disk Space more fully described upon sign up on a Server in order to host Customer’s website and/or database, on such platform as selected upon sign up.
11.3 Should Customer reach the allocated Disk Space; Customer will not be able to upload any file to his website and/or database. Customer is therefore advised to upgrade to another Shared Webhosting and/or Database Hosting package.
11.4 In the case of Shared Webhosting, the maximum traffic allocation to Customer’s website is uncapped. Customer traffic will be subjected to a Fair Usage Policy.
11.5 Mweb undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
11.5 Mweb undertakes to use reasonable endeavours to ensure that Customer’s Disk Space is secure to prevent unauthorized access.
11.6 Mweb shall, as part of the Service and if required by Customer, make available on the Service Website log files (which are only limited to traffic usage statistics), relating to Customer’s use of the Service. Mweb does not guarantee that the log files will be up to date, correct and/or error free and should there be any discrepancy between the log files and the invoice, the invoice will prevail.
11.7 In the case of Shared Webhosting, Customer acknowledges that Mweb shall only be obliged to keep the website log files relating to Customer’s website for a period of 3 (three) consecutive months calculated from the date of the first billing month and thereafter, Mweb shall only keep a summary of Customer’s website log files for a period of 3 (three) years. It is therefore Customer’s responsibility to query any website log files within a period of 3 (three) consecutive months failing which, Customer will only be provided with a summary of the website log files to clarify and/or respond to any query.
11.8 Mweb will, without being under any obligation to do so, maintain, and/or upgrade the Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises Mweb to implement any of the above, as and when it deems fit. Although Mweb will use its reasonable endeavours not to affect the Service or the hosting of any content, application, and/or data of whatever nature Mweb, expressly disclaims any direct, indirect, incidental, special, punitive or consequential losses or damages which arise or may arise out of such maintenance and/or upgrades.
11.9 Customer agrees that any software, application and/or component required and loaded by Customer or loaded on behalf of Customer for the website and/or database will be his own responsibility and is loaded at his sole risk and responsibility. Mweb shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on his website and/or database.
11.10 Notwithstanding the provisions of clause 11.9 above, Mweb will be entitled, but without having any obligation to do so: (i) in its own discretion determine which software, applications and/or components may be loaded by Customer on or for the website and/or the database; and (ii) have the right to: (a) disallow the installation of any software, application and/or component required by Customer; (b) suspend Customer’s website and/or database and/or access to his website and/or database without notice to Customer should Customer install any software, application and/or component which may affect the security or operation of Mweb’s server and network infrastructure; and/or use and/or access to the Service by Mweb’s customer’s. Mweb shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on its website and/or database.
11.11 The licensing of all installed software, application and/or component contemplated in clauses 11.10 and 11.11 shall be the sole responsibility of Customer. Without limiting Mweb’s rights, any failure to license such software and/or applications correctly may result in the termination and/or suspension. Mweb retains the right to carry out routine checks to validate such software license agreements.
11.12 Customer will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed in terms of clause 11.9, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. Mweb shall provide Customer with technical support relating to FTP in the case of Shared Webhosting and database access details consisting of database name, database username and database password in the case of Database Hosting, but in both instances in the form of connectivity checks only.
11.13 The Service does not include the development, maintenance and/or FTP or uploading of the Customer’s website and/or database in any way whatsoever.
11.14 It shall be Customer’s sole responsibility to do back-ups of its content/data hosted in terms of the Service. Mweb shall not be liable for any loss of content or data, whatsoever.