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TERMS OF USE
No 1 Web Hosting

    No1 Web Hosting Terms Of Service

    No1 Web Hosting provides web hosting, domain registration and virtual private server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of No1 Web Hosting are subject to the following terms of service:

    Indemnification Policy

    You agree to use all No1 Web Hosting services and facilities at your own risk. No1 Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall No1 Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold No1 Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against No1 Web Hosting, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless No1 Web Hosting against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with No1 Web Hosting's server. No1 Web Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from No1 Web Hosting's server. No1 Web Hosting shall be the sole judge of what violates this Policy.

    Billing, Cancellation and Refund Policy

    As a customer of No1 Web Hosting you agree to submit or supply a payment for the rendered services in advance, on the billing date set by No1 Web Hosting. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify No1 Web Hosting at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (No1 Web Hosting shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).

    Free Domain Renewal:

    If a Hosting package offered by No1 Web Hosting comes with a Free domain name, then this free domain name is renewed for free under these circumstances:

    • The subscription for the hosting package / domain name is still active and not canceled.
    • If the client does not have a subscription on the package or the subscription is canceled, there should be at least 30 days left on the respectable account until the next payment time. Free Domains under Accounts with canceled subscription or no active subscription (one time payments) and with less than 30 days left until the next renewal date are under consideration of No1 Web Hosting (No1 Web Hosting will solely decide whether to renew or not to renew the domain name for free) and will not be renewed for free automatically.


    Free domains with .co.za, .net and .com, .info and .org extensions are renewed for 1 year period, and .co.uk domain names are renewed for 2 year periods.

    Cancellations and refunds:

    No1 Web Hosting provides a 30 day money back guarantee for new account registrations (refunds for renewed accounts are not available) under these following conditions:

    • In the event of an account cancellation within first 4 days of Registration (except the event where the client has registered a shared or reseller hosting account and the free domain name provided with the account has a .co.uk domain extension), subscriber will receive a full refund. If there was a free domain name provided with such package (except the event when the free domain name was with .co.uk domain extension), the domain name will be deleted from the registrar.
    • Subscribers who cancel the accounts 4-30 days after the initial registration date may receive a full refund for the shared and reseller hosting or the VPS package, except the event when there was a free domain name provided with the respectable package. Fees which were initially paid by No1 Web Hosting for the domain name offered for free for the subscriber with the hosting package are not refundable and will be deducted from the total refund that is sent to the subscriber. Such fees for the domain name registration are fixed to R150.00. If the subscriber submitted an initial payment smaller than R150.00, then a refund is not available. No1 Web Hosting will not hold the subscriber accountable for the difference from his initial payment and R150.00, if the subscriber's initial payment was less than R150.00.

    Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 30 days of the initial payment are not subject to a full refund and all such requests will be denied.

    Subscribers who wish to cancel the account have to contact No1 Web Hosting from the "Help Desk" in their Members area with a cancellation request. Such cancellation request will be revised by No1 Web Hosting staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).

    If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.

    After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from No1 Web Hosting servers.

    Chargeback Policy:

    If a subscriber issues a chargeback before following the regular cancellation procedure, No1 Web Hosting reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for No1 Web Hosting subscribers are fixed to R800.00 for each chargeback he has issued.

    Payment Methods:

    No1 Web Hosting uses EFT and PayFast payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her PayFast account. No1 Web Hosting accepts payments from Verifed and from Unverified PayFast accounts, which generally means that the client may either use the funds on the credit / debit card attached to PayFast (verified PayFast) or the balance on his PayFast account (Unverified) to submit the payment for the services provided by No1 Web Hosting. Please mind that The funds on client Unverified PayFast account will need to be converted from any other currency to ZAR (South African Rand) currency prior to submitting a payment.

    Fraudulent Payment Policy:

    If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then No1 Web Hosting reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent No1 Web Hosting reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.

    Late Payment Policy:

    All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.

    Account Access Policy:

    When a client registers any type of account with No1 Web Hosting, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. No1 Web Hosting will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID's). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on No1 Web Hosting. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment ID's on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.

    Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against No1 Web Hosting arising out of this said policy and procedure. No1 Web Hosting will not be held liable for any damage or liability that may have arise out of following policy and procedure.

    In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the No1 Web Hosting policy and procedures, then No1 Web Hosting is not obligated to provide access to any of the parties. Also, No1 Web Hosting is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.

    Confidentiality:

    No1 Web Hosting will not share any of it's client personal information to any third parties not related to No1 Web Hosting. Some of the client data may be forwarded on the following exceptions:

    • Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from No1 Web Hosting Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons.
    • No1 Web Hosting will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client.
    • Third Party Providers - some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Website Builder, Cloudflare, cPanel, Attracta, Trendybuilder). No1 Web Hosting will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to No1 Web Hosting clients, however no client information will be sent to third-parties not related to No1 Web Hosting services.

    Certain services provided by No1 Web Hosting are resold. Thus, certain equipment, routing, software, and programming used by No1 Web Hosting are not directly owned or written by No1 Web Hosting. No1 Web Hosting shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. No1 Web Hosting will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by No1 Web Hosting and No1 Web Hosting will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.

    (Unlimited) Usage Policy:

    It's true, no one can provide truly unlimited web hosting, but when we say unlimited domains, diskspace and bandwidth, of course there are terms & conditions that you must adhere to. These accounts may not to be used to offer a lifetime/free hosting package to your clients, host a collection of MP3s, videos, anime, Warez, autoresponder service, bulk email service/storage or to backup your computer, emails or another source.No1 Web Hosting reserve the right to delete any emails older than 1 (One) Week if the email account is used to store emails on. Customers should download emails with Microsoft Outlook or a similar email client program. No1 Web Hosting take no responsibility for any lost emails older than 24 hrs.

    They may not be used for general storage of any type. All content stored on an account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only.

    This means that all content stored on an account must be used for "acceptable" website use. "Unacceptable" usage is anything that a shared server would not be able to provide under standard circumstances. If all diskspace used is for acceptable websites, and all bandwidth used is for acceptable activity, then when we run out of diskspace and/or bandwidth, we simply add more resources.

    No1 Web Hosting offers some of it's hosting packages with (Unlimited) amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that No1 Web Hosting will not set a specific cap for these resources and client will be able to use these resources as needed, however No1 Web Hosting does use a fair usage policy which applies to all accounts. No1 Web Hosting Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.

    By the term (Unlimited Space) No1 Web Hosting means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. No1 Web Hosting reserves the right to remove such files from the user account with or without notice to the client. No1 Web Hosting also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. No1 Web Hosting also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on No1 Web Hosting accounts, if there are more than 250.000 files on a single account, with or without notice to the client. No1 Web Hosting also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.

    Backups:

    No1 Web Hosting do not generates full backups of accounts, however client may generate backups from his cPanel at any time regardless of the account size. No1 Web Hosting is not liable for any loss of content if the backup has not been generated, it is the client's sole responsibility to safeguard the account data.

    Acceptable Use Policy:

    All services provided by No1 Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless No1 Web Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. No1 Web Hosting reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

    Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

    CGI Scripts:

    Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however No1 Web Hosting reserves the right to disable any CGI script that effects normal server operation without prior warning.

    Banned Scripts or website types:

    The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, No1 Web Hosting reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then No1 Web Hosting will inform the client about the abusive content. No1 Web Hosting also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:

    • IRC scripts, eggdrops, bots
    • Proxy server scripts (also any other script which operates as proxy)
    • Mail bomber and spam scripts
    • IP spoofers and port scanners
    • Pirated Software or any form of warez
    • Image Hosting Scripts (like imgur or Photobucket)
    • AutoSurf site scripts
    • PPC site scripts
    • PTC site scripts
    • Bruteforce Programs or scripts
    • File sharing, dump and mirroring service scripts (like mega, rapidshare)
    • Top sites generator scripts
    • Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
    • Sites distributing copyrighted content without proper licenses
    • Gambling sites
    • Hacker programs, credit card dumps, hacker focused sites
    • Forums distributing warez or any other illegal content
    • Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
    • Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
    • Child pornography (If No1 Web Hosting is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)

    Any kind of abusive content found on our servers should be reported to info@no1webhosting.co.za. No1 Web Hosting will handle any abuse report with the highest priority and interest. No1 Web Hosting will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.

    Background Running Programs:

    Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general.

    Commercial Advertising and Spam E-mails:

    Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a R1,485,000 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

    LIMITATION OF LIABILITY:

    No1 Web Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from No1 Web Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, No1 Web Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of No1 Web Hosting servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@no1webhosting.co.za. All complaints will be investigated promptly.

    DISCLAIMER:

    No1 Web Hosting intends to provide the best possible web hosting service to each of its clients. No1 Web Hosting shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, No1 Web Hosting cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, No1 Web Hosting will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by No1 Web Hosting. No1 Web Hosting retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.

    TERMINATION

    Either No 1 Web Hosting or User may terminate this Agreement at any time. Without limiting the foregoing, No 1 Web Hosting shall have the right to immediately terminate User's Account in the event of any conduct by User which No 1 Web Hosting, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.T&Cs can be amended at any time, and without any notice.

    MISCELLANEOUS

    This Agreement and any operating rules for www.no1webhosting.co.za established by No 1 Web Hosting constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of South Africa, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

    COPYRIGHT NOTICE

    No 1 Web Hosting and its logos are trademarks of No 1 Web Hosting. All rights reserved. All other trademarks appearing on No 1 Web Hosting are the property of their respective owners.

    Any rights not expressly granted herein are reserved.

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