Terms and Conditions

Here's the "small print"!

We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business though so we'll try and keep them as straight forward as possible.

The purpose of these terms is to protect both you and us. It's our best attempt to clear up any issues that may cause problems later.

If you have any questions regarding these terms please email us at support@afrihost.com and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms of service.

Afrihost.com Internet Services (hereafter referred to as "Afrihost") registers domains on the internet through the relevant governing bodies and hosts websites and related material on the Afrihost 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 Afrihost.

Your free domain registration is provided with the clear assumption that you intend to host with Afrihost for the forseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration.

If, however you do have a legitimate reason for canceling your account immediately, then we will review it on the merits and pay for your registration in good faith. Our hosting and free registration is sold as a Package and cannot be separated, i.e. we will not pay for your registration if its not combined with any of our hosting accounts. Afrihost will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement.

Please note that there may only be 1 free domain registration per Option A hosting package. Every domain registration pointing to a current domain will be charged separately for.

The Domain Name / Hosting Applicant hereby:

1. Acknowledges that Afrihost 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
    
    
2. 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 nor any other intellectual property right, and that Applicant has the right to use the Domain Name as requested;
    
3. Acknowledges and agrees that Afrihost cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Applicant acknowledges that Afrihost may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. In such instance Afrihost shall be allowed to provide a complainant with Applicant's name and address and all further communication will exclude Afrihost and Afrihost 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 Afrihost until a court directs otherwise.
    
4. Acknowledges that Afrihost will not be liable for any loss or damage, 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.
    
5. Accordingly indemnifies Afrihost 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 Afrihost has been advised of the possibility of such damages.
    
6. Acknowledges that Afrihost will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
    
7. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
    
8. Afrihost will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Afrihost network.
    
9. Afrihost makes no warranties or representations of any kind, whether express or implied as to the service it is providing. Afrihost 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 Afrihost is at the Applicant's own risk, and Afrihost 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.
    
10. Your use of our service is at your sole risk. Afrihost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Afrihost web servers.
     
11. Afrihost 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. Afrihost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
     
12. Applicant expressly agrees that use of Afrihost's Server(s) and Services are at Applicant's sole risk. Neither Afrihost, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Afrihost'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 the Afrihost Server service, unless otherwise expressly stated in this Agreement.
     
13. Afrihost 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. Afrihost 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 i.e. ModChips.
     
14. Afrihost 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 Afrihost's server(s). Afrihost 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 Afrihost. If the Applicant fails to modify the material, as directed by Afrihost, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
     
15. Individual mail sent to the applicant's Pop3 box or forwarded to the applicant's existing email address may be limited to 3000k in size each.
    
     
16. 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.
     
17. A cancellation request in respect of any Domain registration, Web Hosting or Dialup service must be completed via the web form http://www.afrihost.com/cancellations/ one calendar month (30 days) before the date of ceasing the service.
     
18. 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 Afrihost to cover such amount.
     
19. 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.
     
20. In the case of an ADSL or hosting account being suspended due to non-payment a reconnection fee of R150.00 will be payable before the ADSL or website account is unsuspended
     
21. In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.
     
22. Afrihost.com may record the existence of the Applicant's account with the Credit Bureau.
     
23. Afrihost.com 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.
     
24. Applicant confirms that all statements made in this application are true and correct. Afrihost.com reserves the right to request proof thereof.
     
25. 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
     
26. Afrihost reserves its rights to change its prices at any time on reasonable notice. Afrihost reserves the right to stop offering certain web hosting package types if it deems it neccessary. Afrihost 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.
     
27. All forms of "Deep linking" are prohibited unless written permission is given.
     
28. Afrihost.com is not responsible if an external company network and firewall is setup to block access to services Afrihost provides. If a client's network is setup to block certain ports or web addresses that compromise the services Afrihost provides it is the client's responsibility to ensure that their network configurations are changed as necessary.
     
29. The 100% website uptime guarantee is applicable only if the web server on which a client's shared web hosting account 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. E.g. If the Client's ISP's link to Internet Solutions (IS) goes down or is faulty, but the web server Afrihost.com hosts is still up we are not responsible for the Client not being able to reach their website. Afrihost.com 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 IS). If the applicable web server is up and running at all times then the website will deemed to have acheived 100% uptime.
     
30. The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Afrihost.com 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 (based on Central African Time (CAT) ) and the web server downtime will be kept to a minimum.
     
31. Afrihost.com does NOT provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge.
     
32. Afrihost.com reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary at its sole discretion.
     
33. Afrihost.com reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary at its sole discretion.
    
     
34. Afrihost.com 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.
    
     
35. Afrihost reserves the right (but does not assume any obligation) to inspect the contents of data that the Subscriber transmits, receives or stores on an Afrihost Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. Afrihost also reserves the right to disclose the contents of data that the Subscriber transmits, receives or stores on Afrihost servers to the police or other law enforcement authorities.
    
     
36. Applicant confirms that they will not use any of the Afrihost.com servers for any form of bulk emailing without the express written permission of the Directors of Afrihost.com.
    
     
37. Afrihost.com 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.
     
38. Websites advertised via any form of SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, SMS or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
     
39. Any form of abuse of Afrihost.com staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse.
     
40. 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.
     
41. Should Applicant Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Afrihost has the right (solely at Afrihost'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 Afrihost may have.
     
42. The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by Afrihost and the Applicant.
     
43. 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.
    
    
44. Afrihost reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
    
    
45. Afrihost reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.  

• .CO.ZA domains Terms and Conditions
   
• All .UK domains Terms and Conditions
   
• .US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM, .RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM domains Terms and Conditions