BY SIGNING UP FOR OUR SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICY.

YOUR USE OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Payment Policy

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. All customers will receive invoices 15 days before the due date. Billing will continue until you cancel your hosting account. We accept the following forms of payment: Electronic Funds Transfer (EFT), Credit Card (MasterCard and Visa), PayFast and Debit Order.

Debit orders that return as unpaid will attract a R50 administration fee. The account should then be settled by EFT or Credit Card; no further debit orders will run on the account until the overdue amount has been settled.

Late Payment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify SUPERB Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by SUPERB Hosting. SUPERB Hosting reserves the right to allocate payments to the oldest outstanding invoice on your account. SUPERB Hosting reserves the right to bill your credit card or billing information on file with us.

SUPERB Hosting provides a 5-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.

Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.

Cancellation

Cancellations must be done via your client area: superbhosting.co.za/billing/clientarea/. You have the option of cancelling your account immediately or at the end of the billing period. If you choose to cancel the account immediately then your account will be terminated from our servers on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.

Data Removal Policy for Suspended Hosting Accounts

In the event that a hosting account remains suspended for a continuous period of more than six (6) months, SUPERB Hosting reserves the right to permanently remove all data associated with the account from our servers. This includes but is not limited to email correspondence, website files, databases, and any other data stored on our servers. Once data removal occurs, it cannot be reversed or recovered.

We strongly recommend that clients with suspended accounts take appropriate action to retrieve and back up their data within the stipulated time frame. SUPERB Hosting shall not be held responsible for any loss of data resulting from such actions.

Domain Services

We use the services of a third party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.

When registering a domain name, it is not your property, it cannot be “owned” by anyone. We will register the domain in the name of the “Registrant” and they will have full control of the domain. We cannot guarantee the registration of a domain name; we will make every effort to register the domain that you choose.

We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customer’s name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate; you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.

We will only act on instructions of the account holder or other authorised users on the account. We act on your instructions to the extent that those instructions are possible and lawful.

All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.

You affirm that:

• All information provided in the registration of the domain is complete and accurate.
• You are entitled to register the domain name.
• If you are not the domain owner, that you have permission from the owner to act on their behalf.
• You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
• The domain will not be used in a malicious way.

We will do our utmost to prevent the expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.

You indemnify us against any loss or damage that we may suffer arising from the registration of your domain name.

Free Domain Registration

Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with SUPERB Hosting for a reasonable period. SUPERB Hosting reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at SUPERB Hosting’s sole discretion.

SUPERB Hosting reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is canceled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at SUPERB Hosting’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice SUPERB Hosting’s right to enforce this clause. Such fees must be settled before any domain transfer can be affected with the applicable registrar.

SUPERB Hosting only offers Free Domain registration for “.co.za” domains with new hosting package signups. Other TLDs or gTLDs are not included in the Free Domain Registration offer. SUPERB Hosting will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and SUPERB Hosting will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by SUPERB Hosting with the registrar concerned.

Domain Transfer

SUPERB Hosting will transfer existing (registered) domains from existing hosting providers to SUPERB Hosting’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies SUPERB Hosting from any disputes regarding ownership of the domain and any claims as a result thereof.

Domain Refund Policy

Please note that fees payable for domain registration and renewal costs are non-refundable. SUPERB Hosting accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

99.9% Website Uptime Guarantee

SUPERB Hosting guarantees that its hosting services will attain 99.9% availability, subject to the following.

The 99.9% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server SUPERB Hosting hosts is still up, SUPERB Hosting is not responsible for the Client not being able to reach their website.

SUPERB Hosting is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times, then the website will be deemed to have achieved 99.9% uptime.

The 99.9% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the SUPERB Hosting web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours and the web server downtime will be kept to a minimum.

The 99.9% uptime guarantee does not apply if SUPERB Hosting suspends the Client’s Service as allowed in terms of this Agreement.

Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to SUPERB Hosting for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which SUPERB Hosting accepts no responsibility.

Unlimited Bandwidth/Storage Policy

Our unlimited plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy that goes as follows.

Bandwidth and disk storage are unlimited as long as:

• they are used as an integral part of your website,
• you are not intentionally abusing the service by using excessive bandwidth or disk storage,
• you are not violating our terms and conditions, and
• you are not impeding our capability to provide other services to other customers.

Email storage under Unlimited packages is subject to the following:

• we do not allow long term storage of emails, we reserve the right to remove emails older than 12 months,
• we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
• emails stored in ‘spam’ or ‘deleted’ folders may be deleted where such emails are over 30 days old.

In other words, if you are adding content (images, files, text, etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming.

Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth or disk storage limits. We’ll take care of these sorts of issues so you can concentrate on growing your site.

If, however, you are attempting to take advantage of the service by distributing or storing large files, PDF’s or images, streaming excessive video or hosting music or something similar, then we will request that you cease doing so.

SPAM Policy

SUPERB Hosting takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of SUPERB Hosting may not use or permit others to use our network to transact in UCE. Customers of SUPERB Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

If your actions have caused SUPERB Hosting’s mail servers or SUPERB Hosting’s IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed a R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.

Retention of Rights

SUPERB Hosting makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of SUPERB Hosting and retention of data does not directly or indirectly give ownership of SUPERB Hosting hardware to Clients.

Content Policy

SUPERB Hosting utilizes shared hosting technology to host your site. Due to the nature of shared hosting and the ability for you, as an individual user of a shared environment, to adversely affect other users, we reserve the right, at any time, to take action to prevent you from harming the servers, networks, or other users. Action may include suspension, site modification, blocking of access, rerouting of domains or IPs, and other actions.

All services provided by SUPERB Hosting are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statutes without proper authorization. The subscriber agrees to indemnify and hold harmless SUPERB Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SUPERB Hosting’s servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Fraudulent activities
• Adult sites
• Spellcaster sites
• Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.

SUPERB Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to):

• Abuse of the machines – either intentional or due to improper coding
• Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
• The Services to traffic in illegal drugs and/or obscene materials.
• The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
• Additionally, SUPERB Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind.
• Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting or video sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
• Attempts to circumvent any of our security policies, procedures or systems.

Scripts and Software Policy

You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below), however, we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other SUPERB Hosting customers.

SUPERB Hosting is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third-party scripts that you use on your sites hosted on our servers.

SUPERB Hosting provides technical support for the server & server-related software. Any scripts included in the Softaculous are 3rd party scripts and support for these scripts are not guaranteed by our techs.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

• Torrentflux (and similar scripts)
• AlienForm (all versions)
• pl
• Greymatter (all versions)
• Open Webmail
• Ikonboard (all versions)
• IRC Egg Drops & IRC-related programs.
• Chat software
• cgi
• Proxy Servers & Scripts (EX: nph-proxy)
• Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
• The Anonymizer
• UltimateBBS (all versions)
• YABB + YABB se (all versions)
• Any script that uses/processes a massive number of flatfiles or large flatfile databases.
• Cryptocurrency mining software, cryptocurrency wallets and cryptocurrency-related websites.

Resource Usage

Our hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs server/network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of SUPERB Hosting’s systems or Hosting. SUPERB Hosting reserves the right to terminate or limit such activities.

SUPERB Hosting reserves the right to limit incoming or outgoing email at any time. In the event you reach a limitation, we may, at our sole discretion, adjust your limit at your request.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the SUPERB Hosting Network. Violations of system or network security may result in civil or criminal liability. SUPERB Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such user is not entitled.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information.

Intellectual Property

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Refusal of Service

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to SUPERB Hosting’s servers, the SUPERB Hosting network or any other internet servers will result in immediate account deactivation without prior notice.