Terms and Conditons - Web Hosting

Web Hosting

1. General Conditions of Use
   inGenius Africa Limited provide Internet access and use of server space for email accounts and for hosting of web sites. inGenius Africa Limited reserves the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.
2. Use of Web Hosting Accounts
   Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space or email accounts to other parties, other than the acceptance of advertisements. All web space and email accounts must remain in total control of the account holder.
3. Prohibited Use
   inGenius Africa prohibits the use of its servers for:
   1. Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the    coyright holder, or any other material in violation of international law.
   2. Adult material, such as pornography, erotic images or otherwise lewd or obscene content
   3. Racist, defamatory, obscene, indecent or other unlawful material
   4. 'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
   5. Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
   6. Engaging in illegal activities
      Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
      inGenius Africa Limited reserves the right to determine whether any material or use is prohibited.
      inGenius Africa Limited reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
4. Spam (unsolicited email)
   inGenius Africa Limited prohibits spam (the sending of unsolicited bulk email). inGenius Africa Limited will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.
5. Payment for Web Hosting Accounts
   All web hosting accounts are sold on a one year prepay basis. The full payment for a full year's service is required at the time of placing your order.
   Payment can be made by cash, cheque or bank transfer to inGenius Africa Limited's Account.
   The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Payment must be received prior to renewal date.
   Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.
6. Upgrading Web Hosting Accounts
   At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.
   Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.
7. Data Transfer (Bandwidth) and System Resources
   All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. inGenius Africa Limited accepts that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. inGenius Africa Limited will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. inGenius Africa Limited reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.
   Many domains have to share the various resources (processors, memory, etc) available on the servers. inGenius Africa Limited believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.
   In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, inGenius Africa Limited may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
   Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between inGenius Africa Limited and the account holder.
8. Cancellation, Termination and Refunds of Web Hosting Accounts
   All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on an annual pre-pay basis and are non-refundable. Accounts are renewed automatically after one year.
   Account holders may terminate their accounts simply by sending a letter of cancellation latest one month prior to renewal. No refund will be given where customers terminate their account prior to the end of the term of the hosting account.
   In the event that inGenius Africa Limited finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.
   In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between inGenius Africa Limited and the account holder, then inGenius Africa Limited may terminate the account. In this case, no refund for the remainder of the year will be given.
9. Liability
   inGenius Africa Limited will not be responsible for any loss or damage your business may suffer. inGenius Africa Limited makes no warranties, expressed or implied, for any services we offer.
   Customers shall indemnify and hold harmless inGenius Africa Limited from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against inGenius Africa Limited and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by inGenius Africa Limited, it's agents, customers, officers or employees.
   inGenius Africa Limited will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of inGenius Africa.
10. Changes and Amendments
    inGenius Africa Limited reserves the right to amend and/or change these Terms and Conditions without notice.