Service Agreement

General
Adult material or sites
Disclaimers and Limitation of Liability
Responsibility and Indemnities
Variation of Services
Non-transferability
Passwords
Assignment of IP Addresses
General Provisions
Dispute Resolution
Use of information for promotional purposes


General

1. This is an agreement between you and Elora’s Web Solutions regarding your use of Elora’s Web Solution’s services, computers, interactive information, communications and server management service (“the / this Agreement”), in addition to the following policies:
1. Elora’s Web Solutions Privacy Policy
2. Elora’s Web Solutions Terms and Conditions of Use
3. Elora’s Web Solutions Billing Terms
4. Elora’s Web Solutions General Complaints Handling Procedure
2. This Agreement sets out the terms and conditions under which Elora’s Web Solutions makes its services available to users.
3. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Prohibition on use of service for provision of adult material or sites

4. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." Elora’s Web Solutions has decided to create it’s no adult sites policy for its virtual server users.
5. An adult site is considered as one whose revenue is gained in part or whole from its adult content or links to other sites featuring such content.
6. Elora’s Web Solutions, in its sole and absolute discretion, regards adult material as:
1. Material classified as such by the Film and Publications Board.
2. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
3. Photos or videos showing graphic violence or death.
4. Revenue-generating hyperlinks to such material.
7. Elora’s Web Solutions reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". If you are unsure of whether the content of your site may violate these conditions, contact us before placing an order.
8. The primary purpose of the no adult site policy is to ensure quality of service across all Elora’s Web Solutions customers and it violates our ethics and beliefs. Furthermore, a virtual server is a shared environment where many websites & domains reside on each particular server. An average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would become overloaded if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not allowed.
9. Any site on our servers that have been found to have violated any of the terms and conditions of use may be taken offline, until the issue is resolved.

Disclaimers and Limitation of Liability

10. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
11. We disclaim any and all loss or liability resulting from, but not limited to:
1. loss or liability resulting from access delays or access interruptions;
2. loss or liability resulting from data non-delivery or incorrect data delivery;
3. loss or liability resulting from acts of God;
4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
5. loss or liability resulting from errors, omissions, or misrepresentations in any and all information or services(s) provided under this Agreement;
6. loss or liability resulting from the interruption of your Service.
12. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
13. Elora’s Web Solution’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Elora’s Web Solutions expressly disclaims any representation or warranty that the services provided will be error-free, secure or uninterrupted.
14. No oral advice or written information given by Elora’s Web Solutions, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
15. Elora’s Web Solutions will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
16. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

17. The Account Holder agrees to indemnify and hold Elora’s Web Solutions harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Elora’s Web Solutions will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
18. The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Elora’s Web Solutions reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Elora’s Web Solution’s then current Acceptable Use Policy, in the sole and absolute opinion of Elora’s Web Solutions.
19. Elora’s Web Solutions may not change passwords to any account without proof of identification, which is satisfactory to Elora’s Web Solutions, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Elora’s Web Solutions will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Elora’s Web Solutions be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Elora’s Web Solutions from any and all Claims arising from such ownership disputes.
20. The Account Holder agrees to indemnify and hold harmless Elora’s Web Solutions and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Elora’s Web Solutions. The terms of this Section will survive any termination of this Agreement.
21. The Account Holder agrees not to harm Elora’s Web Solutions, its reputation, computer systems, programming and/or other persons using Elora’s Web Solution’s services.
22. The terms of this Section will survive any termination of this Agreement.

Variation of services

23. You agree that Elora’s Web Solutions may establish limits concerning use of any Elora’s Web Solutions service offered on any Elora’s Web Solutions web site, including without limitation the maximum number of days that e-mail messages will be retained by any Elora’s Web Solutions service, the maximum number of e-mail messages that may be sent from or received by an account on any Elora’s Web Solutions service, the maximum size of an e-mail message that may be sent from or received by an account on any Elora’s Web Solutions service, the maximum disk space that will be allotted on Elora’s Web Solution’s servers on your behalf either cumulatively or for any particular service. You agree that Elora’s Web Solutions has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Elora’s Web Solutions service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Elora’s Web Solutions service may change at any time.
24. Elora’s Web Solutions reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Elora’s Web Solutions are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. If the Account Holder refuses to comply with this Section, then Elora’s Web Solutions has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.

Non-transferability of services

25. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Elora’s Web Solutions.

Passwords

26. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Elora’s Web Solutions services, including any damages resulting there from, until the Account Holder notifies Elora’s Web Solution’s customer service.
27. The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Elora’s Web Solutions

Assignment of IP addresses

28. If Elora’s Web Solutions assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Elora’s Web Solutions services, the right to use that Internet Protocol address will remain with and belong only to Elora’s Web Solutions, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Elora’s Web Solutions in its sole and absolute discretion.

General provisions

29. This Agreement constitutes the entire agreement between the Account Holder and Elora’s Web Solutions with respect to the Elora’s Web Solutions services and supersedes all prior agreements between the Account Holder and Elora’s Web Solutions.
30. Elora’s Web Solution’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
31. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
32. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
33. The Account Holder consents to the jurisdiction of the South Africa courts, in Durban.
34. Elora’s Web Solutions services are provided from Durban, South Africa, and this Agreement is deemed to have been entered into in Durban.
35. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

Dispute resolution

36. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind-set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
37. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Use of Account Holder information for promotional purposes

38. Elora’s Web Solutions may include the Account Holder's name and contact information in directories of Elora’s Web Solution’s service subscribers for the purpose promoting the use of the services by additional potential clients. However, Elora’s Web Solutions is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

Billing Terms

39. All accounts for Web Hosting are payable each month in advance. The due date for payment is the 01st day of each month.
40. Accounts for Domain Registrations and other services provided by Elora's Web Solutions, are due on date of invoice.
41. Invoices and statement of accounts will only be sent by email. Should you require other methods of posting your invoice, this may attract an additional fee for costs.
42. Accounts not paid on due date may result in your services being suspended without further notification.
43. Re-instatement will take place after the full amount due is paid, together with a re-instatement admin fee of R150 per site.
44. Non receipt of invoice or statement is not a valid reason to fail to pay the account.
45. Upliftment of suspension of your services due to failure to pay an account on time may take up to 48 hours to complete.
46. During the period of suspension, you will still be billed for web hosting fees, until you cancel or close your account. You will be responsible for the outstanding amounts due and unpaid and we reserve the right to institute civil action to claim the outstanding fees.
47. You agree that until the account is fully paid, no domain that you may have can be transferred from our servers.
48. The terms of this Section will survive any termination of this Agreement.

Termination

49. You may give 30 days advance notice to terminate your services. This notification must be reduced in writing, signed by the account holder and delivered to us by email or fax.
50. Accounts more than 60 days overdue may be considered abandoned and you agree that we may take ownership or resell the domain and website to recover some or all of our costs that may be outstanding. This action does not defer our rights to persue legal action to recover any other amounts that may be outstanding on your account.
51. The terms of this Section will survive any termination of this Agreement.

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