Legal

Hosting Agreement

The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth a contract arrangement under which Mynext Mail Limited (“Company”) will provide Email and Web Hosting services (“Shared Hosting Services”) on behalf of you (“Customer”).

Agreements

In consideration of the mutual covenants set forth in this Agreement, Company and Customer hereby agree as follows:

Terms.

Subject to the terms and conditions of this Agreement, Company will provide Shared Hosting Services for Customer subject to the following terms:

a) Length of Service.

Customer agrees to a month-to-month (30 days) or 3 month (90 days) or 6 month (180 days) or 12 month (365 days) contractual term of service (“Term”). The length of contract required is based on the type of service desired by Customer and the payment method choosen by the Customer at the time of placing the order and shall be determined solely by Company.

b) Service Start Date.

The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of full payment for such first term of service.

c) Renewal by Customer.

This Agreement will automatically renew for 1 month (30 days) or 3 month (90 days) or 6 month (180 days) or 12 month (365 days) terms unless cancelled in writing by Customer at least 30 days prior to the end of term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customer’s account.

d) Type of Service.

This service agreement provides a shared email and web hosting using any software or a combination thereof as solely determined by the Company, Customer will share server space with other domains and not have an exclusive right or reservation of the resources and or disk space that the server may have available to it.

e) Limitations of Service.

• Company is not responsible for training Customer or Customer’s employees on the use of their respective email clients.


• Company is not responsible for troubleshooting email problems not directly related to the Company Services and the Company’s equipment, facilities, or servers.


• Company is not responsible for maintaining and renewing Customer’s domain name MX records or other DNS-related functions if Customer’s domain name is not hosted by the Company.


• Company is not responsible for Customer’s domain being listed on any third-party blacklist or suppression list not under Company’s direct control.


• Company is not responsible for troubleshooting or correcting any problem with Customer being able to send or receive email to or from a third party due to blacklists, suppression lists, third party software or firewalls, network security settings or any other factor not directly under Company’s control.

End-User Pricing and Shared Hosting Services Compensation.

End-user pricing and Shared Hosting Services compensation is outlined on Company’s website, and is subject to change at the sole discretion of Company.

• Excessive Use of Services.
  
  Company may impose an additional charge and or a restriction of services at any time that Customer’s use of the Shared Hosting Services imposes a considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered a violation of either the Company Acceptable Use Policy, or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as a whole, and has no responsibility to identify a Customer’s individual end-user, employee, or other agent who may or may not be responsible for the excessive use of services.

Terms of Payment.

Terms of payment are 100% of current invoice payable in advance unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 7 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days. A late payment fee of 15% of total due will be charged on any account past due by 7 days.

Proprietary Information.

Proprietary information exchanged here under shall be treated as such by Customer. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Customer further agrees to not decompose, disassemble, decode, or reverse engineer any Company program, code, or technology delivered to Customer or any portion thereof.

Censorship.

Company will exercise no control whatsoever over the content of the information passing through the network, email, web servers or web site.

Warranties.

Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company 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 Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customer's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

• Shared Hosting Services Disclaimer.
  
  Company is not responsible for the actions of other Customers it may place on the Shared Hosting Services server or any other resource that the Customer may use. Company will make every effort to ensure that all Customers abide by the Company Acceptable Use Policy and will periodically review Customer activity in order to ensure compliancy with the AUP.


• Antivirus, Trojan, and Malicious Code Disclaimer.
  
  Company servers make use of enterprise class antivirus software in order to protect the server and detect virus-infected email messages. Infected email messages will be handled per Company policy and preferences prior to the customer receiving the messages.  Due to the nature of virus, trojan, and other malicious code dangers, Company makes no warranty that these features will detect, delete, or otherwise protect Customer from these dangers. Customer is responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments, and is encouraged to install antivirus software on all access points or computers using Company Shared Hosting Services.

Trademarks and Copyrighted Material.

Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Transfer of Agreement.

Customer may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Customer shall notify Company by email no less than 60 days prior to the effective date of the event.

Termination.

Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of this Agreement or the “Acceptable Use Policy" upon receipt of written notice from Company of said failure, 2) appointment of receiver or upon the filing of any application by Customer seeking relief from creditors, 3) upon mutual agreement in writing of Company and Customer.

• Account Deactivation, Termination, or Cancellation.
  Upon account deactivation, termination, or deletion, all stored files, logs, email messages, attachments, address book entries, mailing lists or other data stored on Company servers will be immediately deleted. Company has no obligation or responsibility to store Customer’s data after Customer’s account has been deactivated or terminated.

Disputes.

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

Indemnification.

Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Company directly or indirectly arising from or in connection with Customer's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer.

General.

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Exclusive jurisdiction and venue shall be in the Johannesburg High Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

12. Force Majeure.

Neither party shall be held responsible for delay or failure in performance here under caused by, acts of nature, strikes, embargoes, fires, war or other causes beyond their reasonable control.

Last Update: January 13, 2010