‘THE USER’ – refers to any private individual, business, company or other entity that makes use of
the products or services of Mi WEB.
‘Mi WEB’ – refers to Mi WEB and/or Mi Office where relevant.
(All words, ideas and concepts used and expressed in these Terms and Conditions are to be understood to carry their normal everyday meaning, unless otherwise started.)
- This is an Agreement between the user and Mi WEB regarding the use of Mi WEB’s services, products, computers, interactive information, communications, intellectual property and server management service.
- All such usage shall be subject to the terms, conditions and policies set out in this Agreement, as read with the terms and conditions applicable to the relevant product or service.
- Mi WEB shall be the sole arbiter and have sole and complete discretion in determining what constitutes a violation of this Agreement.
- Any behaviour or action that violates the country’s laws or regulations, or the accepted norms of the Internet community, whether expressly mentioned in these Terms and Conditions or not, is strictly prohibited. Further, Mi WEB reserves the right to prohibit conduct that may, in Mi WEB’s opinion, damage its reputation and goodwill in any way.
- Any unacceptable use of Mi WEB’s products or services constitutes a material breach of these Terms and Conditions and Mi WEB reserves all its rights in this regard (see also under ‘Acceptable Use’ below).
- This Agreement applies to all accounts and sub-accounts, as well as any alternative account names associated with the user’s principal account. The principal account holder is wholly responsible for the use and conduct of each account, whether used under any other name or by any other individual; and for ensuring full compliance with this Agreement by all users of that account.
- Mi WEB may at times, with reasonable notice, revise or amend its current shared and dedicated hosting offerings relating to price, features, traffic allocation and disk sizes.
- This Agreement or Website is not transferable.
- No third party ownership shall be allowed.
- A R500 admin fee shall apply should a user wish to transfer their domain to another service provider.
- All designs created at the behest of users shall remain the property of Mi WEB.
- In the event of the Consumer Protection Act (the ‘CPA’) of 2008 being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and those of the CPA.
- The interpretation and enforcement of this Agreement shall be governed by the laws of the Republic of South Africa and under the jurisdiction of the South African courts. Further, as Mi WEB services are provided from Pietermaritzburg, South Africa, this Agreement shall be deemed to have been entered into at Pietermaritzburg.
- ‘Powered by Mi WEB’ will be displayed on the footer of all client websites, with a link to miweb.net.za
- Further, our Terms and Conditions shall also be subject to the Terms and Conditions of service for the hosting, domain and administration service providers, where and when relevant
- Mi WEB, at its sole discretion, reserves the right to change or modify any of the terms, conditions or operation of this service at any time without notice. By using this service, the user waives any rights or claims against Mi WEB regarding such changes.
- Further, Mi WEB shall not be liable for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising either out of this Agreement or the provision of any goods and services by Mi WEB, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether the user has been advised of the possibility of any such loss or damage.
- Further, each party waives any claims that the above exclusions deprive such a party of an adequate remedy.
- Further, Mi WEB’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
- Further, the user acknowledges and accepts that third party product and service providers may, and will, advertise their products and services on the Mi WEB website, for the sole purpose of facilitating the provision of, and promoting, Mi WEB’s products and services for the benefit of the user. By so doing Mi WEB makes no representation or warranty regarding a third party’s products or services whatsoever, nor shall Mi WEB be liable for any claims arising from, or in connection with, such third party products or services.
- Mi WEB shall collect from the user only information necessary for the creation and maintenance of the website; and use it only for the purpose for which it is required.
- Mi WEB shall neither sell the user’s personal information to anyone, nor otherwise dispose of it to a third party otherwise than as set out in this policy.
- Should Mi WEB no longer need the user’s personal information, such information shall be deleted immediately.
- Mi WEB shall not retain, or store, any credit card information.
- Mi WEB may include a user’s name and contact information in directories of Mi WEB’s service subscribers for the purpose of promoting the general use of its services and the benefit of its users. Mi WEB shall not print a user’s name, trademarks or other identifying personal information in any other advertising or promotional materials, without prior written consent from the said user.
- In order to provide the best possible service, Mi WEB may use standard technology, including cookies, to collect statistics about the use of this site, but for no other purpose.
- Should the personal data that Mi WEB is using be out of date or incorrect, the user is requested to inform Mi WEB immediately.
- The user may also request access to any personal data relevant to itself held by Mi WEB, as set out in the Promotion of Access to Information Act 2 of 2000, by sending an email to Mi WEB specifying the information required.
- Mi WEB has no control over, and can therefore accept no responsibility or liability for, the privacy practices of any third party sites or service providers.
- While all reasonable measures are taken to ensure the integrity and security of information submitted to this site, Mi WEB shall not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner, or any third party.
- Users of the Mi WEB site are prohibited from releasing their username or password to any other person or party. Should a user do so, the offender’s service shall be terminated immediately and the Agreement cancelled forthwith without refund.
BILLING AND TERMINATION
- Mi WEB shall provide the user with an itemised bill or invoice on request, or where this is specified as part of the services provided.
- Accounts are due on the invoice presentation date (‘Due Date’) as shown on all invoices received from Mi WEB.
- In the event of non-payment of an invoice by the stipulated Due Date, Mi WEB reserves the right to hold the user liable for the total amount due pursuant to such an invoice.
- Should the user fail to pay the amount due in full, Mi WEB shall submit the full overdue amount for collection. In the event of the account being handed over to an outside collection agency, any costs incurred thereby shall be for the user’s account.
- Mi WEB accepts the following payment methods: Instore POS, Credit Card (MasterCard, Visa and Amex) and EFT.
- Annual renewal fees must be paid at least 15 days before the domain registration anniversary.
- A late payment penalty of 20% shall be levied if payment is made in the final 15 days before the domain registration anniversary.
- Annual escalation of renewal fees shall not exceed 10%, unless the rate of inflation is deemed officially to have risen above that mark.
- Extra and add on services shall share the same anniversary date as the domain registration, and the fees shall remain fixed for the year at the same rate.
- This Agreement may be terminated by either party by giving 7 (seven) days written notice to the other party. No refund shall be made by MI WEB for the unexpired period.
- Should the renewal fees not be paid by the stipulated date, all the user’s Mi WEB products and services shall be cancelled immediately and be removed from the Mi WEB platform.
- Mi WEB’s products, services and servers may be used strictly for lawful purposes only.
- Storage, transmission or distribution on the Mi WEB site of any material or part of it in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene or offensive.
- Mi WEB prohibits the use of the Mi WEB service disk space for any purposes other than its intended function, namely content hosting, personal and small enterprise email and relevant web files.
- The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Infraction shall result in the offending site being disabled and terminated from the Mi WEB network with immediate effect.
- Mi WEB shall assign a unique Internet Protocol address to each user of Mi WEB’s products and services. The right to use this Internet Protocol address shall remain with and belong to Mi WEB alone and the user shall have no right to use it except as and when allowed to do so by Mi WEB at its sole and absolute discretion.
- Mi WEB is engaged in providing quality products and services to its users. To ensure the continued integrity of the network and to offer users fair and equal usage, Mi WEB reserves the right to take the necessary steps to prevent excessive usage, either by asking the customer to upgrade or correct issues relating to their Mi WEB package, or by doing so itself, should the network or server performance for the majority of Mi WEB’s users be negatively affected in any way thereby.
- To ensure service levels are maintained, Mi WEB utilises various methods to protect its users and associated systems from abuse which includes, but not limited to, the following: outbound mail restrictions, number of recipients, excessive SQL databases and excessive domain and FTP service.
- The user undertakes to use Mi WEB services in accordance with any restrictions imposed under the following: The Films and Publications Board Terms of Service and the Electronic Communications and Transactions acts – Act 25 of 2002, Act 36 of 2005 and Act 70 of 2003.
- Mi WEB further reserves the right to amend its Acceptable Use policy as necessary, in order to ensure optimal performance across the network for the majority of Mi WEB users.
- Any party wishing to report a violation of Mi WEB’s Acceptable Use Policy may contact Mi WEB via email firstname.lastname@example.org.
LIMITATION OF LIABILITY
- Mi WEB’s entire liability with respect to any products and services provided under this Agreement and any violation thereof shall be limited to the amount the user paid for such products and services. Mi WEB and its contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages arising from the use, or inability to use, any of Mi WEB’s services, or for the cost of procurement of substitute services.
- Mi WEB disclaims any and all loss or liability resulting from, but not limited to, the following: access delays or interruptions; data non-delivery or mis-delivery; acts of God; unauthorised or misuse of account identifier or password; errors, omissions or misstatements in any and all information or services; the interruption of the user’s service.
- Mi WEB shall use its best endeavour to maintain a full-time internet presence for the user, but the latter hereby accepts that it may go down through causes beyond Mi WEB’s control.
- All user queries related to website takedowns must be directed to the Internet Service Providers Association (ISPA), which Mi WEB has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002.
SECURITY OF SYSTEM AND NETWORK
Violations of system or network security are prohibited and may result in criminal and/or civil liability. Examples include, but are not limited to, the following:
- Unauthorised access, use, probe, or scan of Mi WEB’s system security or authentication measures, data or traffic.
- Interference with Mi WEB’s service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own user account; or resale of access to CGI scripts installed on Mi WEB’s servers.
- Further, the responsibility of all passwords and other related sensitive information rests solely with the user.
- Further, while reasonable measures are taken to ensure the integrity and security of all information submitted by the user, Mi WEB shall not be held liable for any loss or other damage sustained by a user as a result of intentional or accidental release of information by an employee of Mi WEB or any third party.
- The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of conciliation and with a problem-solving mindset, without formal proceeding and in agreement with the various dispute resolution procedures provided.
- In the event of a dispute not being amicably resolved, the general complaint procedure as stipulated by ICASA shall be followed for all disputes except those related to Billing.
- Any general complaint must be directed to email@example.com.
- Should the user be unhappy with the outcome of the complaint, the complainant has the right to approach ICASA, and if still unable to resolve the issue to refer it to the ICASA Complaints and Compliance Committee for final adjudication. (ICASA may be contacted at firstname.lastname@example.org.)
Updated 17 August 2018