Terms of Service

Our Terms

TERMS OF SERVICE

Terms

  1. Terms of this agreement applies the same to all MooHosting clients, unless otherwise terminated under this Agreement. The Term will be effective from commencement of the services to the client. After the Initial Term, this Agreement will automatically remain in place for all the other successive terms unless terminated in accordance with this Agreement. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.

Reservation of rights:

  1. Reservation of Rights. Except where it is stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Site is owned by us or by a third party.
  2. We therefore reserve all of our rights in this regard, and that third party is entitled to assert and reserve all of its rights in this regard as well. Access or use of this Site will not in any way result in an assignment or license of any intellectual property owned by us or any other party.

Limited Use

  1. The content contained in this Site may not be stored or translated without our prior written permission. You are permitted to display the content of this Site on your computer or any device. No other use of this Site or its content is permitted.
  2. You may not make use or include content of this Site in or with any product that you create or distribute. You are not allowed to copy the content of this Site onto your own or another's website without our permission.

Third Party Sites

  1. This Site contains hyperlinks to websites belonging to third parties. We do not take any responsibility for their content and we do not endorse any of their activities. We do not accept any liability in connection with any third party websites that may be linked to this Site. All the website that are linked to this Site are not sponsored, endorsed or associated with us.

Security

  1. We do not take legal responsibilities while we take all reasonable security precautions, we will not be responsible for any damage caused by the malicious use of this Site or by receiving harmful data or code that is passed on to you through the use of this Site. We will take legal action and request compensation from any person who delivers or attempts to deliver any destructive code to this Site or attempts to access this Site unauthorised.

Personal Information

  1. We respect the privacy of your personal information contained in our Website provided to us by you. We will not share or distribute your information without your consent.

Minimum Age Requirement

  1. MooHosting customers must be at least 18 years of age. Any individual under the age of 18 years is considered a minor and must have a parent or guardian to accept this Agreement in order for the Minor to become MooHosting customer.
  2. A parent or guardian who accepts this Agreement on behalf of a Minor will be accountable to ensuring the minor complies with this Agreement, including the timely and full payment of the charges by MooHosting, and such primary liability will continue until termination of service or in writing when the minor is 18 and above.

Service Level Guarantee

  1. MooHosting guarantees you a 99.9% up time service level. If by any chance you are unable to obtain 99.9% access to your website or emails you can contact us immediately, should you have incurred loss MooHosting will, on an as-requested basis, issue a prorated credit to you for your next service.
  2. This is dependent upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service. This guarantee shall not apply in the event of malicious use or if client’s account is not in good standing at the time of the outage or if it is during maintenance communicated with you.

Usage of Allocated Resources

  1. As a customer you agree that bandwidth and disk usage shall not exceed the number of megabytes agreed in your plan and the specified details outlined on the web site at the time of sign-up for the plan you chose. MooHosting will monitor client’s bandwidth and disk usage.
  2. Once a plan reaches the bandwidth in the middle of the month the client will be contacted to expand the plan and be prorated and if not the services will be suspended until the next calendar month or until the plan’s bandwidth allowance is upgraded.
  3. Client agrees that if the bandwidth usage reaches the limit the plan will either be upgraded or terminated. Upon non-receipt of payment, all services will be suspended until payment is received.
  4. If MooHosting fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees to be billed for each bandwidth usage in excess of the plan’s bandwidth allowance. MooHosting shall have the right to take corrective action if customer’s disk usage exceeds the agreed usage. If payment is not received the client will be terminated and will be liable to pay the outstanding amount.

Monitoring and interception of data messages

  1. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, we may monitor and/or intercept electronic communications such as e-mail which are sent to this Site. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and/or interception and consent to it.

Email Maintenance

  1. MooHosting clints can set up their own email accounts through the cPanel Platform. MooHosting will configure email accounts should the customer not know how to create email accounts. Clients are required to respond to request from MooHosting communications. Technical Support will be provided within working hours unless it is an emergency.
  2. It is the client’s responsibility to follow up with MooHosting technical Support should there be a delay in responce to requests for technical assistance. If the customer does not respond to requests then MooHosting will not be liable for any loss of income due to email account not being configured.
  3. Customers are required to delete un-wanted emails and maintain their email boxes. MooHosting reserves the right to suspend any incoming emails should the client choose to ignore self-maintenance. The client’s Web Hosting Plan will require an upgrade should the account exceed the allocated quota. MooHosting will require written consent from the client before deleting any emails or email accounts, there will be additional charges.

Advertising and Marketing

  1. You agree that during the term of this Agreement MooHosting may publicly refer to you on all social media platforms, orally and in writing as a client of MooHosting. Any other public references we will obtain your written consent first.

Warranties and Representations

  1. You warrant yourself to MooHosting that you are at least eighteen 18 years of age, you are within the legal right and ability to enter this Agreement, you agree that you will use the plan only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply, you will be financially responsible for your Plan and all the subscriptions, you have verified or will verify the accuracy of materials distributed or made available through use of the plan, including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and you also assure us that your content does not infringe or violate any applicable laws.

Compliance with Law

  1. You agree that as long as you are using MooHosting services shall comply with all applicable laws and regulations. You shall not use our services in any way that violates South African laws, including without limitation, uses related to the distribution of prohibited information.
  2. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by South African law or on the South African Treasury Department’s list of Specially Designated Nationals or the South African Department of Commerce’s Table of Denial Orders.

Termination by Customer

  1. All plans automatically renew unless if terminated or cancelled in writing. In order to terminate or cancel your plan you are required to submit all details of your account to MooHosting from the email used during on-boarding. No cancellation or termination will be accepted other than those sent in by emails. Please be aware that there will be no refund upon cancellation or termination of service.
  2. Request for Termination of service must be received within a minimum of 5 days prior to the end of your plan’s term to prevent automatic renewal. If your e-mail address has changed and you have neglected to update us with the new address, we will not be able to notify you but an account termination will still possible under any circumstances. If a plan has already been renewed, there are absolutely no refunds available for any reason. Once the account termination request has been submitted, you will receive a confirmation email from us and your plan will be terminated within 24 hours. If you do not receive an email within 24 working hours, your request was not received.
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