PHP Web Host’s Hosting Terms of Service
The use of services from PHP Web Host constitutes an agreement to these terms.
You account will be setup and activated on completion of the order. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with PHP Web Host, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. PHP Web Host is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email. Providing false contact information of any kind may result in the termination of your account.
The Agreement will commence when PHP Web Host provides you with a username and password.
If a dispute arises between individuals or entities involved with the Customer (including partners, shareholders, trustees, employees), PHP Web Host may act on the representation of a person claiming to be duly authorised to represent the Customer, without being obliged to obtain independent verification of the authority. The Customer indemnifies PHP Web Host from any action or inaction based on the representation. However, if PHP Web Host, in its sole and absolute discretion, requires independent verification of the authority of any individual, the Customer must provide it in a format reasonably acceptable to PHP Web Host.
We may change the features or functionality of any Service over time.
You must comply with the Acceptable Use Policy that applies to your use of the Services.
The Agreement is subject to South African law.
PHP Web Host reserves the right, at any time, to amend any of the PHP Web Host Hosting Terms to which the Customer is bound without specific notice to the Customer. An updated version of the PHP Web Host Hosting Terms will be posted on the Website.
The Customer is required at all times to comply with the Acceptable Use Policy, which is deemed to form part of the PHP Web Host Hosting Terms. Failure to comply with the acceptable use policy will result in immediate cancellation of service and only unused credit will be refunded.
All Service Fees payable by the Customer are payable in advance.
Where applicable, PHP Web Host will furnish the Customer with an invoice in electronic format. The Customer agrees that by submitting an application form to PHP Web Host when making application for the Service/s, that the application constitutes confirmation by the Customer to accept electronic invoices.
The Service Fees will be payable either on a monthly, quarterly, bi-annual, or annual basis as specified on the Website and are calculated in accordance with the rate schedule on the Website.
Where the Customer fails to supply a valid and current banking details when paying PHP Web Host via Debit Order for the Services, the Customer will be held liable for all fines and penalties resulting from the failed transaction.
In the event that a debit order amount is recalled due to insufficient funds in the applicant’s bank account the hosting of the website will be immediately suspended.
Where the Customer’s use of any service commences during a month rather than at the start of that month, the Customer will be charged on a pro rata basis for those Services provided during that month.
PHP Web Host reserves its right to change its prices at any time on reasonable notice. PHP Web Host reserves the right to stop offering certain web hosting package types. PHP Web Host reserves the right to amend or vary the Service Fees from time to time and any amendment or variation of the Service Fees will be deemed to be an amendment of the PHP Web Host Hosting Terms. If PHP Web Host does amend its Service Fees, it will give the Customer at least 30 days prior notice. If the Customer objects to any amended Service Fees that affect it, it may terminate its relationship with PHP Web Host
You agree to supply appropriate payment for the services received from PHP Web Host, in advance of the time period during which such services are provided. You agree that until and unless you notify PHP Web Host of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. Should you wish to continue with service after your account was suspended, you will be billed for the time that the account was in suspension.
As a client of PHP Web Host, 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 PHP Web Host of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by PHP Web Host. PHP Web Host provides a grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding after this will result in an account suspension until the account balance has been paid in full. Access to the account will not be restored until payment has been received in full.
It is the customer’s responsibility to notify our sales team via email at support@PHPWebHost.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and PHP Web Host cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact support@PHPWebHost.com
Should your payment not arrive in time, your account will be blocked and the suspended page will be put up at in place of your normal pages. You will have no access to WebCP or emails until you have paid your account.
Your domain name will only be registered upon receipt of payment.
Domain Transfers to another web host
We will provide you with the security code needed for transfers to another host, should you wish to do so (or in the case of .co.za domains we will accept the transfer ticket). This will only take place if the following two conditions have been met:
You must send a fax or and email to support@PHPWebHost.com requesting the transfer. One of our consultants will email you asking you to reply so that we know the request was from you and not fraudulent.
Your account must have a zero balance. No domain name transfers will take place if there is an amount owing on your account.
New Domain Name Purchases
Your free domain registration is provided subject to your hosting with us for the foreseeable future. Should you cancel your hosting service with us within the first 6 months, then you will be billed the full amount for the domain name, the cost of which must be settled before it will be transferred.
When PHP Web Host has been requested to purchase a domain name on your behalf, this request will only be excecuted on payment of the invoiced amount. Failure to pay on time will result in the domain name purchase not taking place. You agree to hold us harmless / not liable if the domain name is subsequently purchased by someone else.
Domain Transfers to PHP Web Host.co.za
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. You will need to obtain the security code for .com, etc domain names and you will need to ensure that the transfer tickets are accepted for .co.za domains.
PHP Web Host reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
All other payment methods are refundable if and only if there is a credit on your account and only after the amounts have cleared in our account.
Violations of the Terms of Service will waive the refund policy.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.
You agree that should you cancel your service, you will have made backups of all files, emails, database content and any other IP hosted on our servers. Upon cancellation, we delete your account and all associated content. We do not keep any backups, this is your responsibility entirely.
PHP Web Host reserves the right (but does not assume any obligation) to inspect the contents of data that the Subscriber transmits, receives or stores on an PHP Web Host Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. PHP Web Host also reserves the right to disclose the contents of data that the Subscriber transmits, receives or stores on PHP Web Host servers to the police or other law enforcement authorities.
You confirm that you will not use any of the PHP Web Host.co.za servers for any form of bulk emailing without the express written permission of the Directors of PHP Web Host.co.za.
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. To request a credit, please contact support@PHPWebHost.com with justification. All requests must be made in writing via email.
Should Applicant Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, PHP Web Host has the right (solely at PHP Web Host’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 PHP Web Host may have.
The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by PHP Web Host and the Applicant.
PHP Web Host 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, or which does not adhere to PHP Web Host’s Acceptable Use Policy
PHP Web Host 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.
The Services are provided subject to all applicable laws and the Customer accordingly indemnifies PHP Web Host from any liability attributable to any regulatory body or civil or criminal proceedings instituted against PHP Web Host or for any loss or damage suffered by the Customer or any third party as a consequence of any interruption or unavailability of the Services.
PHP Web Host is entitled to temporarily or permenantly suspend its obligations under the PHP Web Host Hosting Terms:
If the Customer has failed to make any payment on time
to service, repair, maintain, upgrade, modify, alter, replace, or improve any of the Services;
where third parties have alleged that the Customer has engaged in unlawful activities arising from or connected to the Services.
If the Customer breaches any of the PHP Web Host Hosting Terms, PHP Web Host may, without prejudice to any other rights that PHP Web Host may have and without notice to the Customer:
claim immediate payment of all outstanding charges due to PHP Web Host,
terminate or suspend the Customer’s use of any or all of the Services,
terminate its relationship with the Customer or
list the Customer with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service and- the Customer expressly consents to this.
If PHP Web Host, in its sole and unfettered discretion, determines that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if PHP Web Host receives a takedown notice, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, it may:
request or require the Customer to remove, amend, or modify the content forthwith
terminate access to any Services or suspend or terminate any Services without notice
delete the offending content without notice
notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content, or take any further steps as required or requested by any authorities without notice.
In all instances, PHP Web Host may retain all Services Fees already paid by the Customer and recover all of its costs associated (including legal costs on an attorney and own client scale) with the Customer’s breach, whether incurred prior to the institution of or during legal proceedings, or if judgment has been granted, in connection with the satisfaction of the judgment.
You acknowledge that PHP Web Host 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.
Your use of our service is at your sole risk. PHP Web Host 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 PHP Web Host web servers.
Applicant expressly agrees that use of PHP Web Host’s Server(s) and Services are at Applicant’s sole risk. Neither PHP Web Host, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that PHP Web Host’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 PHP Web Host Server service, unless otherwise expressly stated in this Agreement.
PHP Web Host (and its directors, employees, agents, consultants or advisers) are not liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage (whether arising, or may arise out of (or the use of) the Services, under contract, delict including negligence or gross negligence or otherwise), sustained by the Customer (its directors or servants), including any loss of profits, loss of operation time, corruption or loss of information, loss of contracts, or loss of profits.
PHP Web Host’s total liability to the Customer will accordingly be limited to the payment of direct damages only, which direct damages will be limited to a maximum amount of three months of the Customer’s base hosting fee
All notices that PHP Web Host is required to give may be given via e-mail to the e-mail address furnished to PHP Web Host on the application form when the Customer first subscribed for the Services.
All services provided by PHP Web Host may only be used for lawful purposes. The laws of South Africa apply.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@PHPWebHost.com with the information required.
Using a shared account as a backup/storage device is not permitted, with the exception of one WebCP backup of the same account. Please do not take backups of your backups.
PHP Web Host does not host any materials which are deemed to be offensive or illegal. Examples of unacceptable material include:
PHP Web Host services, including all related equipment, networks and network devices are provided only for authorized customer use. PHP Web Host systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PHP Web Host system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. PHP Web Host may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service or acceptable use policy in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at support@PHPWebHost.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, 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.
PHP Web Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
PHP Web Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of PHP Web Host.
Backups and Data Loss
Your use of this service is at your sole risk. PHP Web Host 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 PHP Web Host servers.
User may not:
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Should you only slightly exceed your bandwidth, at our sole discretion and not interfering with our rights as stated above, for three consecutive months, we will require you to migrate to a higher package.
PHP Web Host will not activate new orders or activate new packages for customers who have an outstanding balance with PHP Web Host. For a new order to be setup or a new package to be activated, you must have a balance of R0.00, unless otherwise stated by PHP Web Host in writing
If any term is held to be invalid, unlawful, or unenforceable, the term will be severable from the remaining terms, which will continue to be valid and enforceable. If any term held to be invalid is capable of amendment to render it valid, the Parties will negotiate an amendment to remove the invalidity.
Despite termination of the Agreement, any clause, which, from the context, contemplates ongoing rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.
Customers agree that it shall defend, indemnify, save and hold PHP Web Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PHP Web Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PHP Web Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PHP Web Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PHP Web Host’s server.
PHP Web Host shall not be responsible for any damages your business may suffer. PHP Web Host makes no warranties of any kind, expressed or implied for services we provide. PHP Web Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PHP Web Host and its employees.
Disclosure to law enforcement
PHP Web Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the TOS
PHP Web Host reserves the right to revise its policies at any time without notice.
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