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(Latest Revision 08/12/2002)
This Agreement is between Bonzai Web Development, a South African
company, and the client named hereafter. Bonzai Web Development
agrees to provide, and Client agrees to accept through Bonzai
Web Development access to Web Hosting services according to the
following terms and conditions:
TERM AND COMPENSATION:
- The parties agree to a month to month contract,
beginning after Bonzai Web Development’s receipt of
payment of the initial monthly or other service fee.
- This Agreement will automatically renew for successive
single month periods unless cancelled in writing prior to
the monthly renewal date which shall be that date thirty days
from receipt by Bonzai Web Development of payment of Clients
compensation payable to Bonzai Web Development. Client’s
account will be automatically billed between the 1st and the
7th day of every month. Client will receive a monthly invoice
for charges. Such charges and fees are subject to change.
Continuation of use of services by Client indicates agreement
to such changes or revisions.
- A one time (R60.00) will be charged to Client
if authorization can not be obtained or Debit is returned
or unpaid. If authorization or payment can not be obtained
by the due date, Bonzai Web Development, at it’s sole
discretion, also has the option to terminate or otherwise
deactivate the Client’s account without any notice.
- The Subscriber is bound to a 12 months’
hosting agreement with Bonzai Web Development if the Subscriber
takes a free Domain Name.
DISCLAIMER OF WARRANTY:
- Bonzai Web Development’S SERVICE IS PROVIDED
ON AN “AS IS, AS AVAILABLE” BASIS. DUE TO Bonzai
Web Development’S RELATIONSHIP WITH ON LINE NETWORKS,
THE Bonzai Web Development GIVES NO WARRANTY, EXPRESSED OR
IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING
WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY
EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT
OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES
OF INCOME, DUE TO DISRUPTION OF SERVICE BY Bonzai Web Development
OR BEYOND THE FEES PAID BY CLIENT TO Bonzai Web Development
FOR SERVICES.
- Client expressly agrees that use of Bonzai Web
Development’s service is at Client’s sole risk.
Bonzai Web Development, its employees, affiliates, agents,
third party information Bonzai Web Development’s merchants
licensers or the like, indicate Bonzai Web Development’s
Web Hosting service may be interrupted and is not likely to
be error free. Bonzai Web Development makes no warranty as
to the results that may be obtained from the use of the Web
Hosting service or as to the accuracy, reliability or content
of any information service or merchandise contained in or
provided through the Web Hosting service, unless otherwise
expressly stated in this Agreement.
- Under no circumstances, including negligence,
shall Bonzai Web Development, its offices, agents or anyone
else involved in creating, producing or distributing Bonzai
Web Development’s Web Hosting service be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the
Bonzai Web Development’s Web Hosting services; or that
results from mistakes, omissions, interruptions, deletion
or loss of files or data, errors, defects, delays in operation,
or of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized
access to Bonzai Web Development’s records, programs
or services. Client maintains sole responsibility for data
backups and restoration. Client hereby acknowledges that this
paragraph shall apply to all content on Bonzai Web Development’s
Web Hosting services.
- Use of any information obtained by way of Bonzai
Web Development is at Client’s own risk and Bonzai Web
Development specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and
does not represent guarantees of available end to end bandwidth.
- Bonzai Web Development disclaims liability for
any damages arising from Client’s use of Bonzai Web
Development or by Client’s Server(s). Bonzai Web Development
disclaims liability for Client’s data, files, or directories
residing on Bonzai Web Development’s equipment or its
Bonzai Web Development’s equipment. Client is solely
responsible for maintaining data, file, and directory structure
back-ups.
- Notwithstanding the above, Client’s exclusive
remedies for all damages, losses and causes of actions whether
in contract, tort including negligence or otherwise, shall
not exceed the aggregate Rand (ZAR) amount which Client paid
during the term of this Agreement.
- It is the responsibility of the Subscriber to
make sure that mail spooled on Bonzai Web Development servers
are retrieved at least once a week, as the Mail Spool File
gets cleared every 5 days. Bonzai Web Development will not
be held responsible for any mail lost due to non-retrieval.
TRADEMARKS AND COPYRIGHTS:
Client warrants that it has the right to use the applicable
trademarks of Client, and grants to Bonzai Web Development the
rights to use such trademarks, if any, in connection with Bonzai
Web Development’s motion of, referencing of, cataloging
of, or indexing of Bonzai Web Development’s Web Hosting
clients. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR
PUBLICATION ON Bonzai Web Development THROUGH CLIENT’S
ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK,
PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS,
OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD Bonzai
Web Development HARMLESS AND IDEMNIFY Bonzai Web Development
FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH
MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.
CAPACITY:
Client certifies that he or she has full right and authority
to enter into this agreement to bind Client hereto.
INTERNET ETIQUETTE:
- Due to the public nature of the Internet, all
information should be considered publicly accessible, and
important or private information should be treated carefully.
Bonzai Web Development is not liable for protection or privacy
of electronic mail or other information transferred through
the Internet or any other network Bonzai Web Development or
its customers may utilize.
- Use of distribution list via unsolicited electronic
mail or other electronic mailings is strictly prohibited.
Bonzai Web Development reserves the right to deactivate the
Client’s Web Hosting account(s) upon an indication of
such activity. Client hereby agrees to indemnify and hold
harmless Bonzai Web Development from any claim resulting from
the Client’s or another party’s use of electronic
mail service(s) on the Client’s Web Hosting account(s).
TERMINATION:
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