InterImage Design.cc (hereafter referred to as "InterImage") registers Domains on the Internet through the relevant governing bodies and Hosts Web-sites and related material on the InterImage server(s) on behalf of Applicants (hereafter referred to as "Applicant"). These terms and conditions apply to the use and registration of Domain names and the Web Hosting services offered by InterImage Design.cc.
Should you subscribe to the Advanced or Pro package and you qualify for the free domain registration, you agree to host with InterImage for at least 18 months. Should you use our free policy just to get the free domain we will not pay for the domain.
If within 6 months you request to transfer the domain name to another hosting provider you will be liable for the registration cost.
The applicant shall then become immediately liable for the registration costs of the domain which is R50. 00 and a month's hosting fees which is subject to your selected package
Please note that there may only be 1 Free domain registration per hosting package. Every domain registration pointing to a current domain will be charged separately for.
The Domain Name / Hosting Applicant hereby:
acknowledges that InterImage has not and does not conduct pre-registrability searches in respect of the Applicants use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name Applicant about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights; and
Confirms that the use or registration of the Domain Name by Applicant does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright or any other intellectual property right, and that Applicant has the right to use the Domain Name as requested;
acknowledges and agrees that InterImage cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Applicant acknowledges that InterImage may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. In such instance InterImage shall be allowed to provide a complainant with Applicant's name and address and all further communication will exclude InterImage and InterImage will have no further obligations to the Applicant. In such instance Applicant shall be entitled to continue using the Domain Name registered for Applicant by InterImage until a court directs otherwise.
acknowledges that InterImage will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Applicant's selected domain names/s.
accordingly indemnifies InterImage against any loss whatsoever arising from any dispute or claim occasioned by the Applicant's use and registration of its selected Domain Name, even if InterImage has been advised of the possibility of such damages.
Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
InterImage will exercise no control whatsoever over the content of the material hosted on, or the information passing through the InterImage network.
InterImage makes no warranties or representations of any kind, whether express or implied as to the service it is providing. InterImage also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Applicant, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the Applicant. Use of any information obtained through InterImage is at the Applicant's own risk, and InterImage specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.
InterImage expressly limits its damages to the Applicant for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. InterImage specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Applicant expressly agrees that use of the InterImage Server(s) and Services are at Applicant's sole risk. Neither InterImage, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that InterImage's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through theInterImage Server service, unless otherwise expressly stated in this Agreement.
InterImage does not host any materials which are deemed to be offensive or illegal. This includes pirated software, adult / sex-related sites, pornography and sex-related merchandising, violations of copyrights, 419 Scams, Hacker programs or archives, Warez sites, IRC servers, IRC bots and Hate propaganda. InterImage will not host websites offering a technology, product, service, device, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner
InterImage reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to any time after it has been put on the InterImage server(s). InterImage agrees to notify Applicant immediately of its refusal of the material and afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of InterImage. If the Applicant fails to modify the material, as directed by InterImage, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Applicant or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf.
The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Applicant shall ensure that there are sufficient funds in the account, details of which have been supplied to InterImage to cover such amount.
In the event that a debit order amount is recalled due to incorrect information supplied by applicant or due to insufficient funds in the applicant's bank account the hosting of the website will be immediately suspended.
In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended
InterImage may record the existence of the Applicant's account with the Credit Bureau.
InterImage may record and transmit details of how the Applicant has performed to a Credit Bureau, and how the account is conducted by the Applicant in meeting their obligations on the account.
Applicant confirms that all statements made in this application are true and correct.InterImage reserves the right to request proof thereof.
Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa
InterImage reserves its rights to change its prices at any time on reasonable notice. InterImage reserves the right to stop offering certain web hosting package types if it deems it neccessary. InterImage 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.
InterImage reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary at its sole discretion.
InterImage reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary at its sole discretion.
InterImage reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a client moves in excess of 2 GB traffic monthly then the client will be contacted and various options will be presented.
InterImage reserves the right (but does not assume any obligation) to inspect the contents of data that the Subscriber transmits, receives or stores on an the InterImage Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. InterImage also reserves the right to disclose the contents of data that the Subscriber transmits, receives or stores onthe InterImage servers to the police or other law enforcement authorities.
Applicant confirms that they will not use any of the InterImage servers for any form of bulk emailing without the express written permission of the Members of InterImage Design.cc
InterImage has zero tolerance for the use of their servers for the sending of unsolicited email or Spam. If an applicant spams in any way shape or form their website will immediately be suspended and punitive action will be taken.
Should Applicant Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, InterImage has the right (solely at InterImage's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and / or delictual rights which InterImage may have.
The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by InterImage and the Applicant.
In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. |