FOR OFFICE USE

MWEB UNCAPPED HOSTING

Sales Agent Name:
APPLICATION FORM Yakeen Sadiq

LEGAL DOCUMENTATION REQUIRED FOR SIGN-UP (Please include the following with this form)
a) Where applicant is an individual:
 Copy of SA ID / valid passport for non SA citizens &
 Copy of proof of residential address (Telkom bill, bank statement, municipal bill or retail store bill not older than 3 months / current: lease agreement, TV licence, vehicle
licence document or credit sale agreement.)

b) Where applicant is a business:

 The representative of the business to submit documents as outlined above &
 Business letterhead or similar document reflecting business name, address and registration number.

ACCEPTABLE USE POLICY:

This product serves the needs of small businesses, home businesses, or personal sites. This is a shared hosting service, and we recommend that medium
to large businesses and non-typical applications are better suited to our dedicated server hosting product.

Please pay particular attention to clause 4.3 in the attached Product Terms and Conditions.

A. Details of Applicant or representative of Business Applicant

Please select if you’re a new
MWEB customer?
Please select if you’re an If existing, please specify your
existing MWEB customer? MWEB email address

FIRST NAME(S): LAST NAME(S):

TITLE: As it appears on your As it appears on your
ID document ID document
IDENTITY NUMBER / SA DATE OF BIRTH:
PASSPORT NUMBER: (DD / MM / YYYY)
TEL NUMBER:
MOBILE NUMBER: (Home) FAX NUMBER:

RESIDENTIAL ADDRESS: POSTAL ADDRESS: (Complete if different to RESIDENTIAL ADDRESS)

CODE: CODE:

B. Details of Company (if applicable)

TRADING NAME:
COMPANY NAME:
(If applicable)
REGISTRATION HOLDING
NUMBER: COMPANY:
TYPE OF PUBLIC PROFESSIONAL
(PTY) LTD CC OTHER TRADING YEARS MONTHS
BUSINESS: COMPANY PARTNERSHIP
FOR:
NATURE OF Contact email address
BUSINESS:
PREMISES LANDLORD TEL
LEASED
OWNED: DETAILS NUMBER:

PHYSICAL PERIOD AT MONTHS

YEARS
ADDRESS: ADDRESS:
CONTACT
PERSON:
TEL
NUMBER:
MOBILE
CODE:
NUMBER:

C. Email address and password (Not required if you have an existing MWEB account)
PREFERRED EMAIL
ADDRESS: @mweb.co.za PASSWORD:

SECOND EMAIL @mweb.co.za Password must be 6-8 alphanumeric characters.

OPTION:
Email address must be between 3-12 alphanumeric characters.

D. Authority for Debit Order / Payment Details

Please debit my bank account as shown in favour of MWEB CONNECT (PTY) LTD with the total amount owing by me, as specified under this agreement.

ACCOUNT HOLDER’S BANK

NAME: NAME:
BRANCH ACCOUNT
BRANCH:
CODE: NO:
TYPE OF CHEQUE: CURRENT: TRANSMISSION: SAVINGS OTHER:
ACCOUNT: :

AUTHORISED
DATE:
SIGNATURE:
(DD/MM/YYYY)
! Additional mailboxes can be purchased via your Control Panel (Login to MyAccount from the MWEB homepage)
Any cancellation of a debit order after activation could result in MWEB suspending the service. All cancellation costs will be incurred by the account
holder.

Please initial here: _______

 MWEB UNCAPPED HOSTING
APPLICATION FORM

E. Choose your Uncapped Hosting platform

If you require services additional to what is included in your Uncapped Hosting bundle, these can be purchased via your Control Panel. Speak to your sales
consultant to find out how.

Uncapped Hosting (UNIX) Uncapped Hosting (Microsoft)

* R19.00 p/m * R19.00 p/m

* FREE to MWEB ADSL Customers for the 1st 12 months. (Excluding those on the R29.00 * FREE to MWEB ADSL Customers for the 1st 12 months. (Excluding those on the R29.00
ADSL 1GB Product) ADSL 1GB Product)

Please select if you’re an existing MWEB ADSL Customer: Please select if you’re an existing MWEB ADSL Customer:

1 x Free co.za Domain 1 x Free co.za Domain

** Uncapped Website Hosting Space ** Uncapped Website Hosting Space

1 x 100MB Domain Mailbox 1 x 100MB Domain Mailbox

1 x 50MB MySQL Database Hosting Space 1 x 50MB MySQL Database Hosting Space

** Includes uncapped traffic. Subject to our Acceptable Use Policy and T&C’s ** Includes uncapped traffic. Subject to our Acceptable Use Policy and T&C’s

Please provide a valid email address for your welcome email. The welcome email will contain your Control Panel login details and information necessary to manage your
Uncapped Hosting product from within MyAccount.

EMAIL ADDRESS:

F. Your Domain Service

Registering a domain name with MWEB provides your company / business with a unique online identity which could be used for all online-based communication. It is the
first step in establishing your company / business presence on the Internet. E.g. mweb.co.za is the domain name for MWEB. Please note that it could take up to 72 hours
for your domain to be live.

1. Please supply domain name/s in the space provided.

(In the case of a new domain registration please supply at least 3 alternatives in order of preference. A sales consultant will contact you to confirm availability)

Preferred: www. .co.za

Option 2: www. .co.za

Option 3: www. .co.za

! Additional domains can be registered via your Control Panel (Login to MyAccount from the MWEB Homepage)

G. Please specify your new domain mailbox following the example below

Please choose your personalised email address at the domain you have selected in section F above. You can also add up to 5 aliases from within your Control Panel.

e.g. Info @ mydomainname .co.za

.co.za

Please initial here: _______

 MWEB UNCAPPED HOSTING
APPLICATION FORM
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
all always apply to your use of this product or service.
PRODUCT TERMS: UNCAPPED HOSTING
1. INTERPRETATION
1.1 Words importing the singular shall include the plural and unless the
context indicates the contrary, the words defined below shall have the
meanings set out below and any term not defined below, but defined in
the General Terms and Conditions, when used herein, shall have the
same meaning as defined therein:
1.1.1 “Database Hosting” means that part of the Services, which MWEB
renders, in accordance with Customer’s selections on the Application
Form under such heading or description whereby MWEB will host
Customer’s database;
1.1.2 “Disk Space” means (i) disk space (size) allocated in respect of Mailbox
to Customer on a monthly basis and/or (ii) disk space used for the
purposes of hosting Customer’s website and/or and/or (iii) disk space
allocated for the purposes of hosting Customer’s database(s) on a
monthly basis; and stored by MWEB on a storage medium which includes
without limitation, the computer hard drive;
1.1.3 “Domain Name” means the domain name that is the subject of the
Domain Service, as selected by Customer on the Application Form;
1.1.4 “Domain Service” means that part of the Services, which MWEB
renders in accordance with Customer’s selections on the Application
Form under such heading or description comprising of the registration,
transfer or renewal of a Domain Name and the hosting of that Domain
Name;
1.1.5 “FTP” means File Transfer Protocol being a method for sending a file to
a location on a network via the internet;
1.1.6 “Mailbox” means the Mailbox Services MWEB renders in accordance
with Customer’s selections on the Application Form under such heading
or description comprising of an e-mail box provided by MWEB to
Customer on MWEB systems, including an e-mail address and/or the
amount of aliases allowed by MWEB to such e-mail address from time to
time;
1.1.7 “Registrar” means any entity, administrator, and/or MWEB registration
provider or any replacement thereof, who governs, allocates or attends
on the administration, transfer, maintenance, of domain names including
the entities referred to in clause 4.1.6 (i) – (v) below;
1.1.8 “Server” means the MWEB file server(s) 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, but excludes any software, application and/or component as
contemplated in clause 4.3.9 below;
1.1.9 “the Service/s” means the Services MWEB renders to Customer as
selected on the Application Form (whether via online signup, the control
panel or otherwise), which Service is referred to as “Uncapped
Hosting” and comprises all the Specific Services of (i) Domain Services;
(ii) Mailbox; (iii) Shared Webhosting Services; and (iv) Database Hosting
Services;
1.1.10 “Service Website” means https://myaccount.mweb.co.za or as
Customer is advised from time to time.
1.1.11 “Shared Webhosting” means that part of the Services which MWEB
renders in accordance with Customer’s selection on the Application Form
whereby MWEB will host Customer’s website;
1.1.12 “Specific Product Terms” means the terms specific to a product or
service under “products” on our Legal Notices Website which will apply to
the Specific Services should the Services as a whole be terminated but
Specific Service(s) be continued as per clause 2.4 below.
2. DURATION
2.1 Subject to the General Terms and Conditions, this Agreement shall
commence on the Effective Date on a month to month basis and shall
terminate by either Party giving the other Party 1 (one) calendar month’s
written notice of termination.
2.2 Notwithstanding the above, MWEB shall be entitled to terminate the
Services at any time (without incurring any liability of whatsoever
nature), on written notice to Customer, should MWEB’s agreement with
Microsoft and/or any upstream service provider be terminated.
2.3 For the avoidance of doubt it is recorded that termination of any one or
more of the Domain Services and/or Mailbox and/or Shared Webhosting
and/or Database Hosting (“the Specific Services”) shall constitute
termination of the Uncapped Hosting Service as a whole and Customer
shall not be able to benefit from the discount structure of the Services;
2.4 Where Customer terminates the Services but wants to continue with any
one or more of the Specific Services, Customer may do so by applying
for renewal of the Specific Service, subject to the Specific Product Terms
of that service, and in such event Customer shall pay the Service Fees,
including any set-up fees, applicable to the Specific Service at the time
of such renewal as specified on MWEB’s Website;
2.5 Notwithstanding clauses 2.3 and 2.4 above ( and to limit the risk of
Customer suffering damages due to losing a Domain Name) and where
Customer terminates the Services but does not clearly by written notice
terminate Domain Services specifically, Customer hereby expressly
authorises and directs MWEB to automatically renew Customer’s Domain
Name registration upon MWEB’s receipt of a renewal notification from a
Registrar, and to bill Customer for the relevant fees in accordance with
the Specific Product Terms from time to time.
3. SERVICE FEES
3.1 Customer shall pay MWEB the Services Fees and MWEB shall, subject to
3.3.2 below, bill Customer monthly with the Service Fees specified in the
Application Form in accordance with the provisions set out in the General
Terms.
3.2 In the event that Customer: (i) add Domain Names; (ii) add Mailboxes
and/or increase the Disk Space thereon; (iii) add Databases and/or
increase the Disk Space thereon, as envisaged in clause 4.5 below,
Customer shall pay MWEB the Service Fees specified on the Service
Website and/or the Application Form in respect of such upgrades. Such
upgrades shall be subject to MWEB approval which shall be
communicated to Customer by activating the upgrades applied for. 3.3
The parties record that regarding Domain Service:
3.3.1 MWEB is currently not charging Customer any Service Fees for the first
.co.za Domain Name but MWEB shall charge Customer Service Fees for:
(i) the first Domain Name if it is not a .co.za Domain Name; and (ii) all
subsequent Domain Names.
3.3.2 Customer understands that MWEB cannot register, transfer or renew a
Domain Name without paying a Registrar annually in advance.
Accordingly all Domain Service Fees shall be: (i) billed; and (ii) payable,
annually in advance.
3.3.3 In the event of termination of the Services: (i) MWEB shall not be liable
to refund the Customer with any such Domain Service Fees and/or with
charges due or paid by MWEB in advance to Registrars and/or upstream
service providers; and (ii) If Customer paid for a Domain Name,
Customer may remain the registrant of the Domain Name for the full
paid up period of the Domain Name registration.
4. TERMS AND CONDITIONS SPECIFIC TO UNCAPPED HOSTING
4.1 MWEB will provide Customer, as part of the Uncapped Hosting Service,
with the Domain Services, subject to the following terms:
4.1.1 Registration of a specific Domain Name will be subject to availability and
MWEB makes no representation and gives no warranty about Customer’s
chosen Domain Name being available for registration or use by the
Customer.
4.1.2 In order to limit the risk of Customer suffering damages due to losing a
Domain Name, Customer hereby expressly authorises and directs MWEB
to automatically renew Customer’s Domain Name registration annually in
advance upon receipt of a renewal notification from a Registrar, and to
bill Customer for the Domain Service Fees annually in advance.
4.1.3 “Domain squatting” shall not be allowed.
4.1.4 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/s. Domain Name/s shall not become the property of
MWEB.
4.1.5 Should the Domain Services be terminated for any reason whatsoever
MWEB shall, without incurring any liability of whatever nature and without
limiting the generality of the General Terms, be entitled, but not obliged,
to notify the Registrar of such Domain Name hosting 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. Customer
may on termination of the Domain Services transfer the Domain Name
hosting to another service provider at its own cost.
4.1.6 It is recorded that: (i) all Domain Names in the .co.za name space, are
administered by Uniforum SA; (ii) .zaDNA 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; (iii) MWEB utilizes the services of TUCOWS OpenSRS,
to register all international Domain Names; (iv) Registrars may change or
be replaced from time to time; (v) MWEB may change its registration
provider from time to time on written notice to Customer; and (vi)
registration, maintenance, transfer of a Domain Name is subject to the
terms and conditions (as amended from time to time) on the respective
websites of the Registrars which allocate and govern such Domain Name
(s), and all such terms and conditions are binding upon Customer by
reason of Customer’s acceptance of these Terms, and if in conflict with
these Terms the Registrars’ terms shall prevail.
4.1.7 In the event that any of the Registrars amends, suspends or terminates
its provision of the Domain Services or any other aspect of its services
upon which MWEB depends for the provision of the Domain Service,
MWEB will use reasonable endeavours to ensure the continuance of the
Domain Service. If 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.
4.1.8 Customer hereby warrants in favour of MWEB that: (i) Customer is the
lawfully entitled owner of Domain Name(s) or Customer 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.
4.1.9 MWEB has no interest in the Domain Name and 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.
4.1.10 Without limiting the generality of the 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 or termination of the Domain Service.
4.2 MWEB will provide Customer, as part of the Uncapped Hosting Service,
with the Mailbox/es, in order to enable the sending and receiving of e-
mails, subject to the following rules:
4.2.1 In order to keep MWEB’s electronic data messaging ("e-mail") servers
efficient, Mailbox/es will be provided subject to the following restrictions:
4.2.1.1 Time limit: MWEB will purge any mail that is older than 90 (ninety) days
for mailboxes smaller than 2GB.
4.2.1.2 However, if a mailbox size is 2 GB or larger, MWEB will not purge the
mail.
4.2.1.3 If Customer exceeds the mailbox size, no new mail or attachments will
be delivered to Customer’s mailbox. Customer will, however, be able to
receive mail again if the Customer either deletes mail and/or
attachments from its mailbox or by purchasing additional Disk Space.
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM
4.2.1.4 Subject to any other technical limitations, MWEB restricts the size of an
individual mail, sent or received, to 18MB per mail; and the number of
recipients on Customer’s mailing list may not exceed 25.
4.2.1.5 In the case where a Customer’s e-mail address is at its Domain Name
and the user’s domain is hosted at another service provider, it is the
responsibility of the user to ensure that the domain host correctly points
the mail server records to the MWEB mail servers. MWEB will not be
responsible for mails that are not delivered or sent as a result of mail
records not correctly pointed.
4.2.2 Once your account is suspended or terminated for any reason
whatsoever, MWEB shall not keep copies of your e-mails on our servers.
E-mails may be deleted and purged off the system daily and no e-mail
will be delivered to such mailbox. MWEB does not keep any copy of any
retrieved (downloaded) e-mail.
4.2.3 Upon termination of any mailbox for any reason whatsoever MWEB
reserves the right to delete any e-mail contained in such mailbox without
notice.
4.2.4 MWEB reserves the right to refuse to deliver mail to or from a
Customer’s mail address during the course of its subscription should
MWEB, in its sole discretion, deem this necessary.
4.2.5 MWEB shall be entitled to take such steps to fight spam / junk-mail /
unsolicited mail / viruses as MWEB may deem necessary and/or
appropriate from time to time, including (without being limited to) not
delivering any mail which MWEB, in its sole discretion, suspects of being
or containing spam / junk-mail / unsolicited mail / viruses and
immediately suspending or disconnect users with infected devices from
our network.
4.2.6 MWEB reserves the right to reduce the size of Customer’s mailbox,
should you be in breach of the terms under which this service is provided
to you.
4.2.7 Upon suspension or cancellation of a Customer’s subscription such
Customer will lose and MWEB will re-claim Customer’s mweb.co.za
mailbox username and mail address used to login on the Service
Website. MWEB may re-issue the Customer’s username and mail
address to a new subscriber 90 days after suspension or termination of
Customer’s MWEB subscription. It is the Customer’s responsibility to
inform everyone so that they do not inadvertently send mail intended for
the Customer to the new subscriber. Please note that it is only the e-mail
address and not the content of any mailbox that will be reserved.
4.3 MWEB will provide Customer, as part of the Uncapped Hosting
Service, with the Shared Webhosting and Database Hosting
Services subject to the following terms:
4.3.1 Customer shall be entitled to host one website and multiple databases
per Service subject to payment of the Service Fees for such additional
databases.
4.3.2 Subject to MWEB’s Terms, Acceptable Use Policy (which can be found
under the name “Acceptable Use Policy” at http://www.mweb.co.za/
under the heading “Legal Notices”) and clause 4.3.3 below, (i) the traffic
allocation to Customer’s website shall be uncapped, and (ii) the Disk
Space for hosting of the Website shall be uncapped, on such platform as
selected in the Application Form.
4.3.3.1 Shared Webhosting Services 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 in order to
provide reasonable high-limit or uncapped amounts of Disk Space for
Customer convenience, so that Customers need not be concerned about
exceeding limits. 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.
4.3.3.2 It is a Shared Webhosting environment which means that multiple
Customer websites are hosted from the same server and share server
resources. To ensure reliable service to all of our Customers, Customers
whose use adversely affect server or network performance must correct
these issues or will be asked to upgrade to suitable packages.
4.3.3.3 Disk Space is intended for Webfiles, active self need e-mails and content
of the hosted Websites; not for online file storage or archiving electronic
files, documents, log files, etc (whether of media, e-mails, or other
data), backups, other non-web based content or FTP hosts, all of which is
prohibited.
4.3.3.4 All downloadable files or files stored on the Server must be directly
related to the general nature of the Website index. All files on a Domain
must be part of the active Website and linked to the site.
4.3.3.5 All password protected archive (e.g. zip and rar) files are unacceptable.
4.3.3.6 The Services shall not be used for mass mailing, video or audio
streaming, unattended automated downloads or hosting of unusually
large pictures and videos.
4.3.3.7 Shared Webhosting and Database Disk Space is intended to
accommodate the files necessary for publishing a website. Storage,
exchange and download of additional files within Customer’s webhosting
space, in a peer-to-peer arrangement or for any other purpose, are
prohibited.
4.3.3.8 Without limiting the generality of our Acceptable Use Policy and clauses
4.3.3 above, the following are also included to provide some practical
examples, however not an exclusive list, of unacceptable use: sites
designed to exchange links, traffic exchanges that automatically rotate
advertised websites in browsers, IRC scripts and Bots, image hosting
scripts and sites
inviting others to upload video or image files, multiplay gaming sites and
role player gaming sites.
4.3.4 Should Customer abuse the Services and not comply with the above,
Customer may not be allowed to upload any file to his website and/or
database and should upgrade to another Webhosting and /Database
Hosting package.
4.3.5 MWEB undertakes to use reasonable endeavours to ensure that
Customer’s Disk Space is secure to prevent unauthorized access.
4.3.6 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. 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.
4.3.7 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.
4.3.8 Customer acknowledges that the specifications of the Server is known to
him and accepts that the Server is suitable for the purpose of rendering
the Service to him. MWEB will in its sole discretion, and 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 deem 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.
4.3.9 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.
4.3.10 Notwithstanding the provisions of clause 4.3.9 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
(s); 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(s) and/or access to his
website and/or database(s) 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.
4.3.11 The licensing of all installed software, application and/or component
contemplated in clauses 4.3.9 and 4.3.10 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 of the Agreement and/or any services. MWEB retains the
right to carry out routine checks to validate such software license
agreements.
4.3.12 Customer indemnifies MWEB from any losses, damages, costs, claims,
penalties, fines of whatever nature resulting from Customer’s: (i) failure
to license the software and/or applications correctly and/or at all; and/or
(ii) installation and/or use of any software, application and/or component
on its website and/or database(s).
4.3.13 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 4.3.9, 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.
4.3.14 Customer acknowledges that 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.
4.3.15 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.
4.4 The parties place on record that: (i) Internet connectivity is required in
order to enable Customer to access and use the Services; and (ii)
Customer is responsible for ensuring the uptime of his Internet
connectivity in the event that such Internet connectivity is not provided
by MWEB, and to address all down time including without limitation the
unavailability of Internet connectivity with his Internet services provider.
4.5 Customer will be allowed to upgrade as follows: (i) increase the number
of Domain Names; (ii) add Mailboxes or increase the size thereof; (iii)
add Databases or increase the Disk Space thereon from time to time.
Any such upgrades may be effected during a calendar month provided
that the Customer will be billed for the full month at the next monthly
billing cycle.
4.6 Customer will be allowed to downgrade as follows: (i) cancel any of the
Domain Names; (ii) reduce the number of Mailboxes or reduce the size
thereof; (iii) reduce the number of databases, provided that in order to
remain an Uncapped Hosting subscriber the Customer must be
subscribed to the at least one of each of the Domain Service, Mailbox,
Shared Webhosting and Database Hosting Services. Customers may
however only downgrade at the end of a calendar month.
4.7 MWEB reserves the right to terminate or amend its offering of the
Uncapped Hosting Service, or any one or more of the Specific Services
and/ or Disk Space sizes, by giving reasonable notice to Customers.
MWEB General Terms and Conditions
1. Introduction
1.1. By using or subscribing to any of the MWEB products or services
you agree that you have read, understand and are bound by:
1.1.1. These Terms and Conditions including the Copyright Notice, Privacy
Policy, Acceptable Use Policy, Code of Conduct and Service Charter, Take
Down Notifications Procedure and the Glossary under “General”, all of
which are available on our Legal Notices Website;
1.1.2. The terms and conditions that are specific to a product or service appear
under “Products” on our Legal Notices Website and will be attached
hereto as a schedule/s
(collectively “the Terms”).
1.2. In the event of a discrepancy between these Terms and Conditions
and the product or service specific terms and conditions, the product or
service specific terms and conditions will take precedence.
1.3. Your use of any of the MWEB products and/or services indicates
your acceptance without modification of the Terms, which will constitute
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM
a legal agreement between you and MWEB. If you do not want to be
bound by the Terms, you must not use or subscribe to any MWEB
product and/or service.
1.4. No sales representative, dealer, agent, officer or employee of
MWEB has the authority to change or modify these Terms, except
pursuant to an official revised version of these Terms, and you may not
rely on any such change or modification. These Terms cannot be
changed by you and our activation or provision of any services to you
does not indicate our acceptance of any changes made by you to our
Terms.
2. Definitions
2.1. “Activation Date” means the date on which MWEB will give you
access to and/or enable you to use a service;
2.2. “Agreement” means the Terms as defined in clause 1.1.2,
including any Application Form provided to you by MWEB;
2.3. “Application Form” means the document on which you selected
your service or product of choice;
2.4. “Authority” means the Independent Communications Authority of
South Africa (“ICASA”);
2.5. “Business Day” means Monday to Friday, but excludes a day
which is an official public holiday in the Republic of South Africa;
2.6. “Business Hours” means the hours between 08h00 and 17h00
on a Business Day;
2.7. “Effective Date” means the date on which you accepted the
terms and conditions for a service or product, be that in writing or by
way of electronic medium, for example by clicking “I agree” on a web
page or via your mobile phone, including telephonic acceptance;
2.8. “Electronic Communications Act” means the Electronic
Communications Act, 2005;
2.9. “ECT Act” means the Electronic Communications and Transactions
Act, 2002;
2.10. “Equipment” means any device, equipment or hardware used to
access the services or used in conjunction with the services, including
any SIM (Subscriber Identity Module) card;
2.11. “Force Majeure” means (including without limitation) fire, flood,
earthquake, elements of nature or acts of God, riots, civil disorders,
rebellions or revolutions in any country or any other cause beyond the
reasonable control of MWEB, that may result in a delay or a failure to
provide the Service;
2.12. “Intellectual Property Rights” means the copyright in any work
in terms of the Copyright Act, No. 98 of 1978, and includes without
limitation the right to reproduce that work, the rights in respect of a
trade mark conferred by the Trade Marks Act, No. 194 of 1993, the
rights in respect of a design conferred by the Designs Act, No. 195 of
1993, and the rights in respect of a patent conferred by the Patents Act,
No. 57 of 1978;
2.13. “Legal Notices Website” means [insert new link];
2.14. “Marks” means any trademarks, logos, brand names, domain
names or other marks of MWEB;
2.15. “MWEB”, “we”, “us” and “our” means MWEB Connect (Pty)
Limited, Registration Number 1996/015134/07, its affiliates
and subsidiaries;
2.16. “NCA” means the National Credit Act, 34 of 2005;
2.17. “Network Coverage” means the geographical area within which
the service can be accessed and used by you, as determined at the time
coverage was established;
2.18. “Network Operator” means a company that owns an electronic
communications network, and which makes such network and the
electronic communications services conveyed over such network
available to other industry players for commercial purposes (e.g.
Vodacom, MTN and Telkom);
2.19. “OTP” means a one time pin number used for enhanced security
and required when concluding certain transactions;
2.20. “RICA” means the Regulation of Interception of Communications
and Provision of Communication Related Information Act, 2002;
2.21. “Website” means www.mweb.co.za;
2.22. “Subscriber”, “you” or “Customer” means an user of any of
our services; and
2.23. “VAT” means Value Added Tax as provided for in the Value Added
Tax Act, 1991.
3. Conclusion of the Agreement and Duration
3.1. You warrant that you have the contractual capacity to enter into
this Agreement with us. If the Agreement is signed by a person acting in
a representative capacity on behalf of you, the signing party hereby
warrants that all of the information relating to the entity, partnership,
association or other person whom he/she represents and which he/she
has supplied to MWEB at any time will be true, accurate and complete.
MWEB reserves the right to treat all misrepresentations by you as a
fraud and you indemnify MWEB against any loss or damage that MWEB
may sustain resulting from such misrepresentation.
3.2. When you apply for a service or product with MWEB you will
provide us with a certified copy of your identity document, proof of
residential and/or business address and proof of income (a copy of your
payslip or bank statements). In the event of a juristic person, you will
provide us with the same information as above for your authorised
representative, together with proof of address for the juristic person,
registration documents and a company resolution authorising the
application and the company’s representative’s capacity to enter into the
Agreement.
3.3. The Agreement will be effective from the Effective Date. No
agreement will come into effect in the event of a negative credit
reference or risk assessment.
3.4. This Agreement will terminate, in the case of a:
3.4.1. fixed term agreement: upon the expiry of the fixed period selected by
you on the Application Form starting from the Activation Date ("the
Initial Period"). At the end of the Initial Period, the Agreement will
automatically renew and will continue on a monthly basis ("the Renewal
Period"). You may terminate the Agreement during the Renewal Period
by giving us either 1 (one), 2 (ecific notice period set out in the specific
product term or Application Form, which notice will take effect on the
first day of two) or 3 (three) calendar months notice depending on the
spthe month immediately following the end of such notice period; or
3.4.2. month to month arrangement: upon receipt in writing from you of 1
(one), calendar months notice, which notice will take effect on the first
day of the month immediately following the end of the applicable notice
period; or
3.4.3. service provided pursuant to an agreement with a Network Operator, on
the date specified in a notice in writing from us which we may give to
you in the event of the termination of the agreement between us and
any Network Operator relating to the provision of the service.
3.5. You agree to pay the service fee for the remainder of the fixed
term period, as well as any other amounts due by you to us under this
Agreement, in the event of the early termination by you of a fixed term
agreement. Early termination will be accepted on 30 (thirty) days prior
written notice to us.
3.6. Upon the termination of the Agreement, your use of the service
shall terminate. However, in the event that you continue to use the
service following a termination, the Terms will apply and you shall be
liable to make payment to MWEB of any service charges arising
therefrom. This shall in no way constitute a revival of the Agreement,
and MWEB shall be entitled to terminate the service without notice to
you.
4. ECT Act and NCA
4.1. Your application for a service or product may be subject to a credit
referencing or risk assessment process. This means that MWEB may
request and receive your Confidential Information, Consumer Credit
Information and Prescribed Information (as defined in the NCA)
(“Assessment Information”) from registered credit bureaus in order to
perform a financial means test to determine whether you will be in a
position to meet your obligations under the intended agreement.
4.2. MWEB is entitled to perform this financial means test each time
you apply for a service or product.
4.3. In this regard you consent to MWEB requesting, receiving and
reporting your Assessment Information from and to registered credit
bureaus in accordance with the provisions and for the purposes of the
NCA; and the sharing of such Information by registered credit bureaus
and such other persons as contemplated in the NCA, for the prescribed
purposes of the NCA.
4.4. The provisions of the ECT Act, apply to transactions and
communications that are executed electronically by a natural person. It
does not apply to juristic persons or paper based transactions, e.g.
where you apply for a service or product by completing an Application
Form in writing.
4.5. You acknowledge that MWEB will provide you with an opportunity
in respect of all electronic transactions to:
4.5.1. review the entire electronic transaction;
4.5.2. correct any mistakes; and
4.5.3. withdraw from the transaction, before finally placing the order.
5. Conditions of access
5.1. MWEB will make the service available to you on the Activation
Date.
5.2. MWEB will issue a user name and password to you prior to the
Activation Date in order to enable you to gain access to and/or use a
service. You will not be able to access and/or use a service without a
user name and password.
5.3. You may be issued with an OTP number for the purposes of
concluding certain transactions. The OTP will be SMS’d to the cell phone
number provided by you and should such cell phone number change it is
your responsibility to notify MWEB thereof and to update your details via
the My Account site found at
(http://www.mweb.co.za/services/myaccount/Default.aspx).
MWEB will not be responsible for any loss arising due to a third party
gaining access to your OTP and accordingly you indemnify us from any
loss you may suffer as a result thereof.
5.4. Should you not have a cell phone you will need to contact our call
centre to complete transactions requiring an OTP. For more information
on how to do this please consult the “How To” document on our Website.
5.5. You agree that:
5.5.1. you will use your user name, password and OTP for your own personal
use only;
5.5.2. you will not disclose your user name, password and OTP to any other
person for any reason whatsoever and that you will maintain the
confidentiality thereof;
5.5.3. in the event that your password or OTP are compromised, you will
immediately notify MWEB and change your password;
5.5.4. you, as the holder of the user name, password and OTP, acknowledge
you are solely responsible for all payments in respect of a service
charged to your MWEB account, irrespective of whether the service has
been utilized or is being utilized by you or not and accordingly the entire
amount outstanding on your MWEB account will be deemed to have
arisen from (or relate to) your access to and/or use of a MWEB service;
5.5.5. you agree to cause all persons who use any products or services under
your account or with your authorization to comply with the Terms and
acknowledge that the acts or omissions of all persons who use services
under your account or with your authorization will be treated for all
purposes as your acts or omissions;
5.5.6. unless such right is specifically and expressly provided to you an any
applicable product or service terms you will not, at any time, permit and/
or initiate a simultaneous network log-in; and
5.5.7. you will not attempt to circumvent MWEB's user authentication processes
or engage in attempts to access MWEB's network where not expressly
authorised to do so.
5.6. MWEB also offers a password reminder service. MWEB will send
your password to your registered email address or cell phone number
should you have forgotten your password. Subscription to this service is
voluntary. Password reminders will only be sent to your registered details
and should such details change it is your responsibility to notify MWEB
thereof and to update your details via the My Account site found at
(http://www.mweb.co.za/services/myaccount/Default.aspx).
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM
5.7. MWEB will not be responsible for any loss arising due to a third
party gaining access to your password through your use of this password
reminder service and accordingly you indemnify us from any loss you
may suffer as a result thereof.
6. Service Delivery, Service Availability
6.1. MWEB will make all its services and products available to you in
accordance with the provisions of its Code of Conduct and Service
Charter, which are available on our Legal Notices Website, at MWEB’s
retail shops, and on request.
6.2. MWEB will use reasonable endeavors to make its services available
to its subscribers, and to maintain the availability thereof for use by its
subscribers. However, we provide the services “as is” and “as available”
and do not warrant or guarantee that the services will at all times be free
of errors or interruptions, be always available, fit for any purpose, not
infringe any third party rights, be secure and reliable, or will conform to
your delivery timeline requirements.
6.3. MWEB will use its best endeavors to notify you in advance of any
maintenance and repairs which may result in the unavailability of a
service, but can not always guarantee this.
7. Data Retention
7.1. We will use reasonable endeavors to ensure the safekeeping of any
data or content which you may receive or upload to our servers from
time to time, such as (without being limited to) photographs, websites,
videos, data and email messages (hereinafter collectively referred to as
"your data"). However, it is your obligation to keep copies and back-ups
of your data, as:
7.1.1. we will not be liable for any direct or indirect loss or damages of any
kind, which you may suffer as a result of the loss of your data, or any
part thereof, for any reason whatsoever (including as a result
of our negligence); and
7.1.2. we will delete all your data from our servers upon termination of this
Agreement and any other agreement between us.
8. Communication, Complaints Handling and consent to Arbitration
8.1. You agree that MWEB may from time to time send you
communications regarding (without being limited to) special offers or
discounts which MWEB may negotiate for and offer to its subscribers,
operational changes that may affect the services and/or new services or
products launched by MWEB from time to time. All communications will
abide by our Privacy Policy.
8.2. Complaints must be submitted to MWEB and will be dealt with by
MWEB in accordance with the provisions of this clause 8.
8.3. Any payment default by you arising from, or in connection with,
any service or product rendered or provided by MWEB, will be excluded
from the provisions of this clause, and MWEB may, in our sole discretion,
proceed to institute legal action against you.
8.4. You are required to afford us an opportunity to resolve a compliant
before you approach the Authority or refer the matter to Arbitration as
contemplated in clause 8.10 below.
8.5. You are required to direct a complaint to complaints@mweb.co.za.
Your complaint should include the following:
8.5.1. your name and surname;
8.5.2. your account number;
8.5.3. the date on which the complaint arose; and
8.5.4. a brief description of what gave rise to the complaint.
8.6. MWEB will acknowledge receipt of your complaint within 3 (three)
working days of receipt thereof.
8.7. MWEB will formally resolve your complaint in writing within 14
(fourteen) working days of receipt thereof, or within such longer period
as we may agree to under circumstances where the resolution of the
complaint is for example (but without limitation) in the hands of a
supplier or third party service provider.
8.8. You may approach the Authority or refer the matter to Arbitration
as set out in clause 8.10 below, for resolution of the dispute, should you
not be satisfied with the outcome of the dispute as determined by MWEB.
8.9. The dispute will be referred to the Complaints and Compliance
Committee of the Authority in terms of section 17 (H) of the ICASA Act in
the event that the dispute is not resolved by the Authority itself.
8.10. Subject to clauses 8.3 to 8.9 above, any dispute between the
parties, shall be referred to arbitration and finally resolved in accordance
with the rules of the Arbitration Foundation of Southern Africa. Such
arbitration shall be held either in Cape Town or Johannesburg, and
conducted in the English language before one arbitrator appointed in
accordance with the said rules. Any award will be final and not subject
to appeal. This agreement to arbitrate shall be enforceable in, and
judgement upon any award may be entered in any court of any country
having appropriate jurisdiction. A dispute shall be deemed to have arisen
when either party notifies the other party in writing to that effect.
8.11. The arbitrator shall have the power to give default judgement if
any party fails to make submissions on due date and/or fails to appear at
the arbitration.
8.12. These provisions shall not prevent either party from approaching
the Magistrates or High Court to obtain timely interim or other relief in
cases of urgency or breach of this clause.
9. Payment
9.1. Billing will commence on the Activation Date.
9.2. You agree to pay all amounts due under this Agreement in
consideration for a service or product, in accordance with the service or
product specific terms under which that service is rendered or that
product is offered.
9.3. All amounts due and payable in terms hereof shall be paid free of
exchange and without deduction or set-off, by way of a direct debit order
in favor of MWEB (drawn against a current banking account nominated
by you), or in such other manner as MWEB may from time to time
determine. You agree that:
9.3.1. by furnishing your bank details to us, you instruct and authorise MWEB
to draw all amounts payable in terms of this Agreement from the account
specified (or any other bank or branch to which it may be transferred);
9.3.2. that the debit order will commence on the Activation Date and continue
until termination of this Agreement and the service or product specific
agreement under which a service is rendered or a product provided and
the payment in full of all outstanding amounts due and payable to MWEB
under any of the aforementioned Agreements;
9.3.3. you will sign all such forms and do all such things as may be necessary
to give effect to the debit order as contemplated in this clause 9.3.
9.4. Your first bill may be pro rata; you're charged for the number of
days left in the month in which you signed up or switched over, plus the
subscription for the next month.
9.5. You are required to direct any complaint or dispute in connection
with a payment to us in accordance with the provisions set out in clause
8 above. MWEB will reach a decision on the billing complaint and
communicate it to you within fourteen (14) Business Days of receipt of
the complaint.
9.6. Should you fail to pay any amount on the due date for payment
notwithstanding receipt of MWEB’s decision referred to in clause 9.5,
then MWEB may, without prejudice to any of its other rights:
9.6.1. take all such further steps as may be necessary to recover the
outstanding amount from you, including without limitation the use of
debt collection mechanisms; and if the debt arises from an agreement
which is a credit agreement, then in accordance with the collection and
repayment practices as prescribed in the NCA;
9.6.2. suspend your access to the service without notice to you until such time
as the outstanding amount has been paid in full; or
9.6.3. terminate this agreement with immediate effect.
9.7. Subject to the terms and conditions of any agreement entered into
between MWEB and a Network Operator, MWEB shall be entitled to
amend the terms, fees or charges for its services or products at any time
on 30 (thirty) days notice to you as provided for in clause 23 below.
The amendment will take effect on the date indicated in the notice.
9.8. MWEB will use reasonable endeavors to inform you well in
advance, and in any event prior to disconnection, about the possibility of
disconnection in the case of non-payment.
9.9. You indemnify us against any damage, loss, cost or claim which
you may suffer or incur arising from the suspension or termination of the
service/s for any reason contemplated in the Terms.
9.10. When roaming off MWEB’s facilities (including voice, data and
hotspot roaming), you will be responsible for all applicable MWEB
charges and will be subject to the limitations or conditions of service of
the service provider of such roaming services.
9.11. To the extent that MWEB incurs any additional expenditure relating
to the tracing and/or collection of unpaid amounts, those costs shall be
for your account.
10. Equipment and Software
10.1. Except for Equipment that you have fully paid for, all Equipment
installed or provided by us remains our property and you agree that:
10.1.1. you will take reasonable care with such Equipment;
10.1.2. you may not sell, lease, mortgage, transfer, assign or encumber such
Equipment;
10.1.3. you may not re-locate such Equipment without our knowledge and
permission;
10.1.4. you will inform any landlord that such Equipment is owned by MWEB and
therefor not subject to any landlord’s hypothec; and
10.1.5. you will return such Equipment to us at your own expense upon
termination of the Services to which the Equipment related.
10.2. If such Equipment is lost, stolen or damaged or sold, leased,
mortgaged, transferred, assigned, encumbered or not returned, you
agree to pay us the undiscounted retail value of such Equipment,
together with any costs incurred by us in seeking possession of such
Equipment.
10.3. You authorize us and our representatives to enter or have access
to your premises as necessary, at mutually agreed upon times, to install,
maintain, inspect, repair or remove the Equipment or to maintain,
investigate, protect, modify or improve the operation of our services or
our facilities.
10.4. Equipment and related software may have to meet certain
minimum requirements and be maintained in certain ways and in certain
locations in order to access the services or for the proper operation of
the services (e.g. 112 emergency services). Such requirements may be
changed from time to time at our sole discretion. Unless otherwise
specified by us, you are solely responsible for updating or maintaining
your Equipment and software as necessary to meet such requirements,
and you may not be entitled to customer support from us if you fail to do
so.
10.5. You must immediately notify us, at any of the points of contact
specified below, if your Equipment is lost, stolen or destroyed. Should
you then wish to terminate your services, your obligations under the
Agreement will continue to apply.
10.6. Any software and accompanying documentation we provide to you
remains our property or that of our licensors. You will take reasonable
steps to protect such software or documentation from theft, loss or
damage. You must review and agree to the applicable end user license
agreement before installing or using the software or documentation.
Unless otherwise provided in the applicable end user license agreement,
all end user license agreements will terminate upon termination of the
Agreement.
11. Return, Exchange and Refunds
11.1. MWEB's exchange, return and refund policies in respect of
products, in particular hardware, provided to you under this Agreement
are dealt with in the service and product specific schedule.
11.2. MWEB's policy in respect of exchanges, returns and refunds
depends on the type of goods and the policy of the manufacturer or
supplier thereof. Where the manufacturer or supplier does not have an
exchange, return and refund policy in place, no mention of such policy
will be made in the service and product specific terms and conditions.
11.3. Warranties, if any, will ordinarily be included in the hardware
packaging.
11.4. MWEB will consider requests for other refunds, for example where
an account was debited with the wrong amount, on an ad hoc basis in
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM
accordance with the Billing Complaints Handling Procedure referred to in
clause 8.
12. Security and Privacy
12.1. MWEB will take whatever action MWEB may deem necessary and
reasonable to preserve the security and reliability of its network.
12.2. You may not utilize any service in any manner which may
compromise the security of MWEB's network, or any other network
connected to MWEB’s network, or tamper with a service or such a
network in any manner whatsoever.
12.3. MWEB takes reasonable steps to secure your payment information.
MWEB uses a payment system that is sufficiently secure with reference
to accepted technological standards at the time of the electronic
transaction and the type of the transaction concerned.
12.4. MWEB will deal with your personal information in accordance with
the provisions of our Privacy Policy which is available on our Legal
Notices Website.
13. Acceptable Use Policy
13.1. You hereby agree to adhere to generally acceptable Internet and
email etiquette. In this regard you must read and familiarize yourself
with our Acceptable Use Policy found on our Website. Without limiting
our Acceptable Use Policy we have listed examples below and you agree
not to:
13.1.1. engage in any abuse of email or bulk messages (spamming), including
(without being limited to) the posting or cross-posting of unsolicited
articles with the same or substantially the same message to recipients
that did not request to receive such messages;
13.1.2. take any action aimed at deceiving or misleading any person, attempt to
impersonate or misrepresent your affiliation to any person or forge
headers or otherwise manipulate identifiers in order to disguise the origin
of anything posted or transmitted through the service;
13.1.3. use any service to post or transmit anything which is defamatory,
discriminatory, obscene, offensive, threatening, abusive, harassing,
harmful, hateful or which carries child pornography, religious or
racial slurs or threatens or encourages bodily harm or the like or which
may violate any person's personality rights;
13.1.4. use any service to make fraudulent offers to sell or buy products, items
or services or to offer or solicit for any type of financial scam such as
"pyramid schemes" and "chain letters";
13.1.5. use any service in a manner that may infringe the Intellectual Property
Rights or other proprietary rights of others, including (without being
limited to) the transmission of pirated software;
13.1.6. use any service to post or transmit anything which contains viruses or
any other destructive features, codes, programs or files that may impede
or destroy the functionality of any computer, software, equipment or
network, regardless of whether or not damage is intended;
13.1.7. repeatedly post gratuitous off the topic postings;
13.1.8. gather email addresses and/or names for commercial, political, charity or
like purposes or use the service to collect or attempt to collect personal
information about third parties without their knowledge or consent;
13.1.9. violate the privacy of any person or attempt to gain unauthorised access
to the service or any other network, including (without being limited to)
through hacking, password mining or any other means;
13.1.10. use the service to engage in any illegal or unlawful activity;
13.1.11. use the service in any manner that in MWEB’s sole discretion constitutes
abuse of the service or of MWEB’s system; or
13.1.12. be abusive towards MWEB’s staff or use language that are defamatory,
discriminatory, obscene, offensive, threatening, abusive, harmful, hateful
or are of a religious or racial nature.
13.2. We reserve the right to establish policies, rules and limitations,
from time to time, concerning the use of the service. You must comply
with any bandwidth, data storage and other limitations we may impose,
in our sole discretion. Failure to comply with these rules will result in
your service being restricted, suspended or terminated, in our sole
discretion.
13.3. We reserve the right to limit the number of emails that you may
send in any given period or to limit the total message volume (amount of
data) sent per hour.
13.4. Unless you are subscribed to a business package, you may not use
any services for anything other than your own personal use.
13.5. Unless you subscribe to a business packages and you are
permitted in terms of such business package, you may not resell any
services, receive any charge or benefit for the use of any services or
provide Internet access or any other feature of the services to any third
party or in any other way exploit the service for any commercial
purposes. For example, you cannot provide Internet access to others
through a dial up, ADSL or other connection, host shell accounts over the
Internet, provide email or news services, or send a news feed. You may
not run a server (including game servers) in connection with the
services. You may not provide network services to others via the
services. In addition, you are prohibited from running servers for mail,
http, ftp, irc and multi-user interactive forums. You may not share your
services.
13.6. You may not restrict, inhibit or interfere with the ability of any
person to access, use or enjoy the Internet or the any services, or create
an unusually large burden on our network, including, without limitation,
continuously uploading or downloading streaming video or audio;
continuous FTP uploading or downloading, or otherwise generating levels
of traffic sufficient to impede others' ability to send or retrieve
information, or to use the services in an abusive manner in connection
with any unlimited packages, options or promotions.
13.7. We will manage bandwidth usage to the best of our ability during
peak periods, however, it remains a best effort service.
13.8. We reserve the right to manage our network in order to optimize
its efficiency for the benefit of all our subscribers, including, without
limitation, by way of the following: rate limiting (speed), rejection or
removal of spam or otherwise unsolicited bulk email, anti-virus
mechanisms, protocol filtering and imposing restrictions on your use. We
may take any other action we deem appropriate in order to help ensure
the integrity of the network experience for all subscribers, including
limiting your data traffic by controlling your network and/or bandwidth
usage.
13.9. You may not use service for unattended automated operation,
unless otherwise agreed. You may stay connected as long as you are
actively using that connection. You further agree not to use Internet
applications for the purpose of simulating network activity to avoid
session inactivity disconnection.
13.10. We do not make any express or implied representations,
warranties or guarantees regarding the availability, accuracy, reliability,
timeliness, quality or security of any services.
13.11. We are committed to provide you with uninterrupted services.
However, we can not guarantee that service and the allocated capacity
will always be available.
13.12. We can terminate the service at any time if we decide to
discontinue the service offering for any reason whatsoever, without any
further liability to you.
13.13. If the service is used in a way that we, in our sole discretion,
believe violates this Acceptable Use Policy or any of our rules or
limitations, we may take any responsive actions we deem appropriate.
Such actions may include without limitation, temporary or permanent
removal of content, cancellation of newsgroup posts, filtering of Internet
transmissions, and/or the immediate limitation, restriction, suspension or
termination of all or any portion of the services or your account.
13.14. Should you engage in any one or more of the above activities,
which shall be determined in MWEB's sole discretion and which decision
shall be final, then MWEB shall be entitled, without prejudice to any
other rights it may have, to take any responsive action we deem
appropriate, such actions may include, without limitation:
13.14.1. without notice, temporary or permanent limitation, restriction or
suspension of your access to the service concerned;
13.14.2. terminate all agreements with you with immediate effect;
13.14.3. bill you for any costs incurred by MWEB as a result of the offending
activity, including (without being limited to) bandwidth used,
administration costs, downtime, usage of MWEB's name or registered
domain names and CPU cycles; and
13.14.4. disclose information relating to the offending activity as may be required
under the circumstances.
14. RICA and Interception of Communications
14.1. You acknowledge that MWEB and/or a third party Network
Operator (as the case may be) may under the circumstances
as prescribed in RICA, be required to intercept, lock, filter, read, delete,
disclose and use communications sent or posted via MWEB’s or the
Network Operator’s network and you hereby consent to the undertaking
of such activities by MWEB and/or a third party Network Operator.
MWEB and/or a third party Network Operator shall not be liable to you
for any losses, liabilities, damages and claims and for any related costs
and expenses suffered by you as a result of MWEB and/or a third party
Network Operator performing any activity referred to in this clause.
14.2. A copy of RICA is available at http://www.info.gov.za/acts/2002/
a70-02
14.3. RICA requires that you must obtain and keep certain information if
you sell, buy or otherwise provide (including providing a SIM card to
your employee) a cellular phone or SIM card or if you lose or have a SIM
card or cellular telephone stolen. You need to read and comply with
these requirements. We have set these out together with other
important information on what documentation you need to provide and
or obtain and keep in our RICA document found here http://
www.mweb.co.za/general/?p=rica
15. Intellectual Property Rights
15.1. You agree to comply with all laws applicable to any Intellectual
Property Rights in respect of any data, files and/or information accessed,
retrieved or stored by you through your use of any of our services and/
products.
15.2. You are prohibited from using any of MWEB's Marks without the
prior written approval of MWEB.
15.3. Other than as specifically provided in the product or service
specific terms and conditions, MWEB will wholly and exclusively retain all
existing Intellectual Property Rights and become the exclusive and
unencumbered owner of all intellectual property right(s) employed in or
otherwise related to software used by MWEB, its network infrastructure,
e-commerce network infrastructure, business and the provision of any of
the services in terms of the product or service specific terms and
conditions.
16. Emergency Calls
16.1. Should you make use of the 112 emergency service number while
using any of MWEB’s services, MWEB can disclose the caller line identity
either to the 112 emergency centre or to the third party that may carry
the call to the 112 emergency centre.
16.2. The 112 emergency service number will become the exclusive
national public emergency number, subscribers are therefore urged to
use the 112 number instead of the 10111, 10177 and 107.
17. Breach
17.1. Should you be in breach of any provision of this Agreement, other
than the provisions of clause 13 above, or any provision of the service
and product specific schedules, then MWEB shall be entitled, without
prejudice to any other rights that it may have and without notice to you,
to forthwith:
17.1.1. afford you a reasonable opportunity to remedy the breach; or
17.1.2. suspend your access to a service;
17.1.3. cancel all agreements concluded between us; or
17.1.4. claim immediate performance and/or payment of all your obligations in
terms hereof.
17.2. Should MWEB suspend, disconnect or terminate your service,
MWEB may charge you a fee for reconnecting your service.
18. Indemnity
18.1. You hereby unconditionally and irrevocably indemnify MWEB and
agree to hold MWEB harmless against all loss, damages, claims, liability
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM
and/or costs, of whatsoever nature, howsoever and whensoever arising,
suffered or incurred by MWEB or instituted against MWEB as a result of
(without limitation):
18.1.1. your use of our services or products;
18.1.2. your use of the password reminder service;
18.1.3. your failure to comply with the Terms and a provision of any Agreement
concluded between us;
18.1.4. any unavailability of, or interruption in the service;
18.1.5. any other cause whatsoever relating to our provision of services or
products to you.
19. Limitation of liability
19.1. We do not make any express or implied representations,
warranties or guarantee regarding the availability, accuracy, reliability,
timeliness, quality or security of the service.
19.2. To the extent permitted by applicable law, MWEB shall not be
liable to you for any direct damages howsoever arising and neither party
shall be liable to the other for any special, indirect, incidental,
consequential or punitive damages arising out of or relating to this
Agreement, whether resulting from negligence, breach or any other
cause. To the extent that a competent court or tribunal finally
determines, notwithstanding the limitation contained in this clause, that
MWEB is liable to you for any damages, MWEB’s liability to you for any
damages howsoever arising shall be limited to the amounts paid by you
under this Agreement in consideration for a service or product during the
immediately preceding 12 (twelve) month period in respect of the service
or product which gave rise to the liability in question.
20. Certificate of Indebtedness
20.1. The amount due and payable by you to MWEB in terms of any
agreement between us at any time, shall be determined and proved by a
certificate signed by one of MWEB's directors, whose appointment,
qualification and authority need not be proved.
20.2. Such certificate shall be deemed to be a liquid document for the
purpose of obtaining summary judgment, provisional sentence and/or
any other judgment against you, unless you have reason to direct a
dispute in connection with a payment to us in accordance with the Billing
Complaints Handling Procedure as contemplated in clause 8.
21. Cession and Delegation
You may not sell, cede, assign, delegate or in any other way alienate or
dispose of any or all of your rights and obligations under and in terms of
this Agreement without the prior written approval of MWEB. MWEB shall
be entitled to sell, cede, assign, delegate, alienate, dispose or transfer
any or all of its rights and obligations under and in terms of this
Agreement to any of its affiliates or to any third party without your
consent and without notice to you. “Affiliates” for this purpose includes
MWEB’s holding company, the holding company(ies) of MWEB’s holding
company (collectively “its holding companies”), its subsidiaries,
subsidiaries of its holding companies and any other companies which are
directly or indirectly controlled by MWEB or are under common control
with MWEB.
22. Jurisdiction
Notwithstanding clause 8 above, you hereby consent to the jurisdiction
of the Magistrate's Court in the Republic of South Africa in respect of
any proceedings that may be initiated by MWEB arising out of this
Agreement, provided that MWEB shall be entitled, in its sole discretion,
to institute such proceedings in the High Court of South Africa and, in
such event, you consent to the jurisdiction of such court. The jurisdiction
of the Small Claims Court is specifically excluded, as the parties agreed
to follow the arbitration process set out in clause 8 above.
23. Amendment of this agreement
MWEB reserves the right to amend this agreement from time to time.
Any new version of the Agreement will be displayed on our Website
together with the date on which it will become effective, which will never
be less than 30 (thirty) days after the date on which it is first published.
It is your obligation to visit our web site on a regular basis in order to
determine whether any amendments have been made.
24. General
24.1. The parties acknowledge and agree that this Agreement
constitutes the whole of the agreement between them and that no other
agreements, guarantees, undertakings or representations, either verbal
or in writing, relating to the subject matter of this Agreement not
incorporated in this Agreement shall be binding on the parties. No
variation or addition of this Agreement or the Application Form will be
binding on any of the parties unless recorded in writing and signed by
both parties.
24.2. MWEB is in terms of section 43 of the ECT Act required to make its
contact details, its domicilia citandi et executandii and certain other
information available to its Subscribers who enter into electronic
transactions with MWEB. This information is available under “Company
information” on our Legal Notices Website.
24.3. You agree that any notices we send to you in terms of any
agreement concluded between us may be sent via email.
24.4. No indulgence, leniency or extension of time which MWEB may
grant or show to you shall in any way prejudice MWEB or preclude MWEB
from exercising any of its rights in the future.
24.5. You warrant that as at the date of signature of the Application
Form, all the details furnished by you to MWEB are true and correct and
that you will notify MWEB in the event of any change to such details.
24.6. All our terms and conditions can be accessed, stored, and
reproduced electronically by you.
24.7. The physical address where MWEB will receive legal service of
documents/ domicilium citandi et executandi is the following:
MWEB Building
100 Fairway Close
Parow
7500
Please initial here: _______
 MWEB UNCAPPED HOSTING
APPLICATION FORM

Declaration

This Application Form must be accompanied by the documentation outlined on page 1 under the heading “Legal Documentation Required for Sign-up”.

I declare that the information given by me is true and correct.

I have read, understand and agree to be bound by the MWEB Uncapped Hosting Terms and Conditions contained in this Application Form unmodified by me.

I consent to MWEB requesting and reporting my Confidential Information, Credit and Prescribed Information as defined in the National Credit Information Act, No 34 of
2005 (the “Act”), (herein after “Information”) from and to registered credit bureaux in the sharing of such Information by registered credit bureaux and such other persons
as contemplated by in the Act, for the prescribed purposes of the Act”.

I understand that the conclusion of an agreement with MWEB is subject to the approval of my credit application.

No variation or addition to this Application Form will be binding on any of the parties unless recorded in writing and signed by both parties. Activation by MWEB of any
services provided to you in terms of this Application Form shall not in any way constitute MWEB's acceptance of any variation or addition to the Application Form or to any
of our Terms and Conditions applicable to the services.

I warrant that I am authorised to sign this Application on behalf of the subscriber.

PRINT NAME:

AUTHORISED
SIGNATURE:
DATE:
(DD/MM/YYYY)

Please initial here: _______