Hosting Terms of Service
1. Specific Terms and Conditions
1.1. These Hosting Service Terms are entered into subject to and form part of the Universal Terms and Conditions of Hosted.com Universal Terms and Conditions, which are incorporated by reference, unless stated otherwise in this document. Universal Terms and Conditions
1.2. The Customer hereby appoints Hosted.com to perform the Services as described in these Service Terms and Hosted.com hereby accepts the appointment.
2.1. "Remote KVM / IPMI" means a method by which the Customer is able to control the Customer Equipment from a remote location by means of the Internet and which simulates the operation of a keyboard and pointer device (mouse) as well as presenting a screen approximating the screen that the Customer's employee would see if he was present at the Premises.
3. Description of Service
3.1. Hosted.com will provide the Service described in the relevant Service Order as provided for in these Service Terms.
4.1. The Service will be provided indefinitely until terminated as described in the Universal Terms and Conditions.
5.1. Customer must pay the fees as specified in the Service Order. The Universal Terms and Conditions describe how payment is to be made.
5.2. Failure to make payment for three consecutive months will result in the termination of services.
6. Service Feasibility
6.1. Hosted.com cannot guarantee the provision of the requested Service upon the receipt of an order.
6.2. Provision of the Service is subject to Hosted.com confirming that it is technically feasible to do so.
6.3. Applicants will be formally notified after receipt of an order on whether or not the Service can be provided.
6.4. If the requirements of clause 6.2 are not met, the Agreement will terminate.
7. Hosting Services Generally
7.1. Hosted.com may provide SMTP mail services by default with hosting packages.
7.2. If a Customer utilizes internet traffic above the level agreed in the Service Order, Hosted.com reserves the right to suggest suitable alternatives to the Customer and / or charge for excessive traffic as it deems necessary at its sole discretion.
7.3. Hosted.com reserves the right to suggest suitable alternatives to the Customer for excessive web server processor usage as it deems necessary.
7.4. Hosted.com reserves the right to move a website between web servers and internet backbones as it deems necessary.
7.5. Hosted.com reserves the right to stop providing certain web hosting package types if it deems it necessary. Hosted.com will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package or provide the nearest equivalent package.
8. Web Hosting, Shared Hosting
Hosted.com will make a server available to the Customer, on the following terms:
8.1. Hosted.com will make available a user account on a server for the Customer, but the Customer will not have exclusive use of the server.
8.2. The server will, subject to the reasonable security measures described elsewhere in this document, be "live" and accessible by general users of the WWW, unless the Customer explicitly requests otherwise.
8.3. The server will either be under the physical control of Hosted.com or will be a “cloud” server in the possession of a third party but under the control of Hosted.com.
8.4. A physical server will at all times remain the property of Hosted.com and the possession of any server will not pass to the Customer under any circumstances.
8.5. Hosted.com will be responsible for the setup of the server at the commencement of the Service Order. The server will be set up with the Software necessary to allow the Customer to make use of it as contemplated in the Service Order. Hosted.com may at its discretion charge a setup fee in this regard.
8.6. Hosted.com will be responsible for the maintenance of the server, which will include at its sole discretion effecting upgrades to the Software installed on the server which is necessary to provide the Service, or repairs and upgrades to the hardware in the server.
8.7. Hosted.com will allow the Customer access to the server by way of the Internet in such a way as to allow the Customer to use it for the purpose or purposes set out in the Service Order.
8.8. The Customer may be granted access to email accounts if so stipulated in the Service Order.
8.9. Hosted.com will provide the Customer with internet connectivity from the Server, and bandwidth as set out in the Service Order.
8.10. Notwithstanding what is contained in clause 8.5:
8.10.1. Hosted.com will not be responsible for the effect of any Software that the Customer may install or have Hosted.com install on the server; and the Customer will be liable for any increased bandwidth used as a result of the installation of such Software.
8.10.2. Should any Software installed on the server by the Customer or by Hosted.com on the instructions of the Customer interfere with Software installed on the server by another customer, or should such Software threaten the security of the System, Hosted.com may take any steps it at its sole discretion deems necessary to remedy the problem including without limitation:
220.127.116.11. taking over administration of that Software on the server,
18.104.22.168. removing the Software from the server,
22.214.171.124. suspending the Customer's access to the server, or
126.96.36.199. relocating the Customer's account to another server.
8.10.3. The service INCLUDES
188.8.131.52. Disk space on respective servers
184.108.40.206. Power to servers
220.127.116.11. Internet connectivity to Servers
8.10.4. The service does NOT INCLUDE
18.104.22.168. Fixing websites
22.214.171.124. Fixing and / or resolving 3rd party software
126.96.36.199. The above excluded list may be performed by Hosted.com, however will be deemed professional services and will incur additional fees
8.11. Migration of websites or changing of packages
8.11.1 The service does NOT INCLUDE
188.8.131.52. Fixing websites
184.108.40.206. Fixing and / or resolving 3rd party software
220.127.116.11 Backing up your emails
18.104.22.168 Updating the DNS records on your domains names
9. Hosting Support
9.1. Hosted.com’s support methodology utilizes the emergency room approach, where problems are graded for severity and responded to accordingly. Service outages of any type always receive top priority, followed by service-degrading factors, and general questions about server management. This ensures every Customer will receive the best support during the appropriate situation. Hosted.com’s experienced support team is available via e-mail and telephone Monday through Friday. Support issues reported via e-mail or via the Provider’s trouble ticketing system outside of the Provider’s standard support hours are responded to and resolved as quickly as possible. Hosted.com’s infrastructure is monitored by its advanced monitoring system, which checks the integrity and stability of the entire infrastructure every 30 seconds. Should a fault occur, the Provider’s technical staff are notified by sms and e-mail.
9.2. However, Hosted.com will be obliged to provide hosting support in respect of errors in the System only and, without limiting the aforegoing, will not be obliged to render assistance in respect of any of the following:
9.2.1. any error in the Customer System;
9.2.2. any error in third party equipment or Software.
9.2.3. give support for any system or software that is not provided by Hosted.com including but not limited to Microsoft solutions, internet browsers or any other 3rd party applications
9.3. If any ad hoc services are provided to the Customer by Hosted.com which are not set out in a Service Order or otherwise reflected in this document, Hosted.com will undertake such services on a Time and Materials basis; such services include without limitation the following:
9.3.1. development of any computer program, including scripting;
9.3.2. Database development, including the creation of stored procedures, structures and triggers;
9.3.3. assistance with and debugging of Customer’s computer programs; and
9.3.4. project management.
9.4. If there is scheduled maintenance to be done the Customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
10. Bandwidth and its Measurement
The following provisions will apply in respect of bandwidth:
10.1. Hosted.com will provide the Customer with access to a Software application that will allow the Customer to monitor its use of bandwidth, where available / applicable;
10.2. The Customer will have a duty to monitor its use of bandwidth.
10.3. Hosted.com however makes no warranty as to the accuracy of the information returned by such Software and particularly notes that the information reflected by it may be up to 48 (forty eight) hours out of date.
10.4. The Customer's use of bandwidth will be charged for as set out in the Service Order.
10.5. Should a Service Order include access by the Customer to a certain amount of bandwidth and the Customer exceeds this quantity, Hosted.com will charge the Customer for such excess bandwidth at a rate to be determined by Hosted.com from time to time. Information regarding such excess rate will be available on the Hosted.com Fee Schedule.
11. Domain Name Registration Services
11.1. If the Customer so requests in a Service Order, Hosted.com will register or renew an internet domain name or domain names on behalf of the Customer, subject to and upon payment of Hosted.com’s Fee for doing so.
11.2. If Hosted.com is not the registrar for a particular namespace it may make use of the services of accredited domain name registrars in provisioning domain names to the Customer. In that case, while Hosted.com strives to ensure that registration and subsequent DNS propagation is effected in the shortest period of time, Hosted.com cannot be held liable for any delays that may accompany the registration of domain names.
11.3. Where Hosted.com is an accredited registrar or reseller for a particular namespace, the Customer will be required to agree to the terms of the registrant agreement in respect of that name space before Hosted.com will provision a domain name in that name space for the Customer.
11.4. Whether Hosted.com is the registrar for a namespace or not, the Customer will be bound by the terms and conditions of the relevant domain name space under which any domain name registered on its behalf falls, and should become familiar with them. Hosted.com may post links to these terms and conditions purely as a convenience to the Customer.
11.5. Hosted.com does not operate an advisory service in respect of domain names, and makes no warranty that the Customer will be able to lawfully hold any particular domain name.
11.6. Any amount paid by Hosted.com to register or renew a domain name or to set-up the domain name on the Hosted.com System is not refundable.
11.7. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for a domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer and the premium domain will be marked for deletion.
11.8. Domain Availability: Hosted.com makes every effort to display accurate domain availability data and every attempt to secure a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another registrant. Hosted.com shall not be held responsible in the event of a Customer registering / paying for a domain while the WHOIS reflects different information. Hosted.com shall remit a full refund to the Customer in cases where this happens.
11.9. Time lapse between domain availability search and payment: As there is a time delay between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
11.10. Redemption Period: should a domain, local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption as stipulated by the registry. Said redemption cost varies between Registries and includes the cost of renewal of domain for the next year.
11.11. Hosted.com will send the Customer a notification per email a reasonable time before the expiry of any domain name registration, but the Customer nonetheless has the duty to ensure that it renews any domain name in good time. Hosted.com will not be liable for any damage suffered by the Customer as a result of its failure to renew a domain name.
11.12. When making a payment for a renewal of a domain name and the payment reference used cannot be matched to the client / clients account / domain name, Hosted.com cannot be held liable for the domain name going into redemption or if additional costs are incurred due to incorrect references used.
11.13. In registering or renewing a domain name on behalf of the Customer, Hosted.com will collect and transmit the Customer’s Personal Information to the registrar, which will in turn transmit it to the registry. Certain Personal Information will be available for public access via a public WHOIS service, and will be subject to escrow storage by a third party escrow agent. The Personal Information may be transmitted offshore. The Customer consents to the collection and processing of its Personal Information for those purposes.
11.14. The Customer warrants that in applying for or using any domain name it is not infringing the intellectual property rights of any third party. If any domain name dispute is brought in respect of a domain name registered by the Customer or on behalf of the Customer by Hosted.com:
11.14.1. Hosted.com may furnish a third party with the Customer’s name and address and thereafter refer all correspondence relating to the matter to the Customer; and
11.14.2. The Customer indemnifies Hosted.com in respect of all costs incurred by Hosted.com should Hosted.com be obliged to defend the dispute, including the adjudicator’s fees and attorneys’ fees on the scale as between attorney and own client, whether Hosted.com is the registrant of the domain name or not.
11.15. Hosted.com may in certain circumstances provide discounted or free domain name registration services, on the understanding that the Customer will make use of one of Hosted.com’s hosting services for the domain name(s) concerned. Free domain services are not provided in isolation. If the Customer terminates this Agreement or transfers the domain name to another service provider within three (3) months after the date that the domain name was registered, Hosted.com reserves the right to claim payment from the Customer of its normal fees and expenses for registering the domain name(s) in question.
11.16. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Domain registration payments will NOT be credited or refunded.
11.17. The Registrant Name Holder has up to 10 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
11.18. Once a Domain Name has entered the Redemption Grace Period, The Registrant Name Holder will incur an additional Redemption fee penalty should the Registered Name Holder request the domain name to be renewed or restored.
12. Backup Services
12.1. Customers are solely responsible for backing up their data and Hosted.com strongly encourages ALL Hosting Customers to do so as frequently and completely as possible. Hosted.com will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
12.2. Hosted.com may, in certain instances, offer a separate backup service in conjunction with hosting Services, and will make such backups available to Customers on request as and when they are available. However, Hosted.com does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Hosted.com offers a website backup service at an additional fee and strongly recommends all customer to subscribe to this service in order to back-up their website and / or data
12.3. Customers are ultimately responsible for their own data, and Hosted.com strongly encourages such Customers to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
12.4. Hosted.com also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Customer’s own risk and discretion - whether restored by Hosted.com by instruction from Customers or by Customers themselves. Hosted.com will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Customers on request.
13.1. Hosted.com will provide an environment suitable for the purposes of rendering the Services including but not limited to:
13.1.1. redundant electrical power supply;
13.1.2. air conditioning so as to maintain the Hosted.com Premises within a temperate range reasonable as determined by Good Industry Practice;
13.1.3. fire suppression at a level reasonable as determined by Good Industry Practice;
13.1.4. redundant switching infrastructure;
13.1.5. Closed-circuit television monitoring;
13.1.6. Facilities monitoring at a level reasonable as determined by Good Industry Practice;
13.1.7. Access control at a level reasonable as determined by Good Industry Practice;
13.2. Notwithstanding the above, Hosted.com gives no warranty in this regard beyond that given in the Universal Terms and Conditions.
14. Service Levels
14.1. The uptime guarantees, and the resulting SLA (Service Level Agreement) credits, are applied in monthly terms unless otherwise specified. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
14.2. SLA Credit Claim:
14.2.1. The SLA claim will be researched by the appropriate department and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered, or traded with other Hosted.com Customers. Please allow up to fourteen (14) days for the processing of SLA claims.
14.2.2. Hosted.com will credit the Customer pro rata for the Fees paid for the period during which the Service was unavailable.
14.2.3. The Customer may not claim damages, either direct or indirect, from Hosted.com in respect of the downtime, and this will be the only compensation that the Customer can claim from Hosted.com in this regard, despite any differing provision of the Universal Terms and Conditions.
14.2.4. The liability of Hosted.com for failing to achieve the minimum service availability in terms of the section above, will be limited to Hosted.com issuing a SLA credit to the Customer, as defined in section SLA Credit Claim and shall never exceed a single month’s billing paid by the Customer.
14.3. Service Levels and Omissions: For the purpose of this section, service availability shall mean the availability of the data traffic, sufficient power, and HVAC services, measured from 0:00 to 0:00 each day over a one month period, provided that no one month period shall be used more than once for the purpose of calculating penalties in terms of the section below.
14.4. Infrastructure: Hosted.com guarantees 99.9% uptime on service availability to Customers located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with backup onsite diesel generators. All servers are connected to Hosted.com’s redundant gigabit network infrastructure. Specific guarantees with SLA information are listed in the table below.
14.6. Exclusions: Customers shall be entitled to service availability of 99.9 % uptime, subject to the exclusion of:
14.6.1. Customers currently in arrears for monthly services, do not qualify for SLA claims.
14.6.2. Customers who have been in payment arrears three or more times in the previous twelve months, do not qualify for SLA claims.
14.6.3. Network, or Power maintenance, enhancements, upgrades and modifications thereto do not qualify for SLA claims.
14.6.4. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the Customer, thereby causing attacks or counter-attacks.
14.6.5. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, upstream network service providers.
14.6.6. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, any network, or telecommunication facilities, which do not reside inside Hosted.com’s network.
14.6.7. Downtime, outage, interruption in, or unavailability of, the services arising out of any force majeure.
14.6.8. Downtime, outage, interruption in, or unavailability of, the services caused by any action, or omission of the Customer, including but without limitation to, operating errors, abnormal operating conditions, improper use, misuse, neglect or abuse of the services.
14.7. Hosted.com makes use of upstream providers to itself provide the Services, and consequently service levels are subject to the performance of such upstream suppliers. As a result, Hosted.com can only provide the Service on a “reasonable effort” basis and makes no warranties as regards quality of the Services, including data throughput and availability of the Services.
14.8. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Customer’s access, for which Hosted.com accepts no responsibility.
15. Effect of Termination
15.1. Termination, by the Customer or Hosted.com, will result in any data being permanently removed from Hosted.com’s servers. Customers are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Hosted.com will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups that may be made by Hosted.com will be made for legal purposes and not for data retention purposes and will not necessarily be made available to customers on request.
16.1.1. Hosted.com offers free installation of the SSL if hosted on our platform
17. Take Down Notice
The Provider has appointed Internet Service Providers' Association (ISPA) in South Africa as its Agent for the receipt of Take-Down Notices, please contact them in this regard per the contact information below:
18. ICANN - UDRP (Uniform Domain-Name Dispute-Resolution Policy)
All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.