This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we supply any services (“Services”) listed on our website (“our site”) to you.
Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We operate the website uhostafrica.com. We are uHostAfrica (Pvt) Ltd, a company registered in Zimbabwe.
1.2 To contact us, please see our Contact Us page.
2 Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3 How we use your personal information
4 Our Contract with you
4.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
4.2 Where you are a consumer, you have legal rights in relation to Services that are not as described. Nothing in these Terms will affect these legal rights.
5 How the Contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with the Service ordered, for example because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.
6 Our right to vary these terms
6.1 We may revise these Terms from time to time, including in the following circumstances:
6.1.1 changes in how we accept payment from you; and
6.1.2 changes in relevant laws and regulatory requirements.
6.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
7 Providing Services
7.1 We will supply the Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms.
7.2 Where the Order Confirmation sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 16 for our responsibilities when an Event Outside Our Control happens.
7.3 We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 7.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
7.4 You are responsible for obtaining:
7.4.1 suitable licences of third party software; and
7.4.2 any third party cooperation and consents,
which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licences and consents to us after we have asked.
7.5 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.
7.6 If you do not pay us for the Services by the due date for payment, as set out in clause 11, we may suspend the Services 7 days after the due date until you have paid us the outstanding amounts. We will contact you by email to tell you this. This does not affect our right to charge you interest under clause 11.3.
7.7 Implementation and Transition
7.7.1 We will make available the Services on or before the start date specified in the Order Confirmation.
7.7.2 At your request, we will use reasonable endeavours to:
(a) assist with the transfer of your website from your own development server; or
(b) assist with the transition of any of your website(s) from any third party host
7.8 Shared Hosting
7.8.1 Where the Services we provide to you include shared hosting, we will make available to you:
(a) hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
(b) the ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the “Hosted Materials”) by FTP or similar means.
7.8.2 You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights (“Inappropriate Content“).
7.8.3 For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.
7.9 Dedicated servers
7.9.1 Where the Services we provide to you include a dedicated server, we will make available a dedicated server meeting the specification set out on our site, and will grant to you administration rights with respect to that server except where the service is managed, in which case we may refuse any request to change the configuration of the dedicated server at our sole discretion.
7.9.2 For unmanaged dedicated servers you acknowledge that we will not provide support in connection with the administration of such dedicated server, and you warrant that you have all necessary expertise to configure, manage and keep the dedicated server secure at all times.
7.9.3 You will not configure, or allow any other person to configure, a dedicated server in any way contrary to the guidelines published on our site from time to time.
7.9.4 We may from time to time require that you apply software and/or hardware upgrades to the dedicated server.
7.9.5 For the avoidance of doubt, dedicated servers made available under this Contract will remain our property at all times.
7.10 Email services
7.10.1 Where the Services we provide to you include email transmission, storage and/or management services:
(a)we will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Service description.
(b) all shared hosting mailboxes will be protected by our anti-spam and anti-virus solution, Strike.
(c) if you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.
7.11 Domain name registration
7.11.1 Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site but we do not warrant that we will be able to do so.
7.11.2 You warrant that:
(a) the information submitted for the purposes of a domain name registration is current, accurate and complete,
(b) you have the legal right to apply for and use the domain name, and
(c) your use of the domain name will not infringe any person’s Intellectual Property Rights or other legal rights; and
(d) you will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on our site).
7.11.3 You acknowledge and accept that certain information submitted for the purposes of a domain name registration will be published on the internet via “WHOIS” services.
7.11.4 We may, in our sole discretion, reject any request to register a particular domain name.
7.11.5 We do not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by you as a result of any domain name arbitration procedure or court proceedings.
7.11.6 Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
7.11.7 You acknowledge that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.
7.11.8 You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.zispa.co.zw – for .co.zw domains, www.nominet.org.uk – for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.
7.11.9 Free domains
(a) The free domain offer on annual plans is only for the first year and only valid on standard domains: e.g. .co.zw,.uk, .com, .org. This isn’t applicable on premium TLDs. e.g. .london.
(b) Free life long domain on Premium plans is only for the life of the Premium plan and will return to full price as and when the Premium plan is cancelled / downgraded.
(c) The free domain is a welcome gift and should be chosen at checkout with your hosting. This can’t be redeemed after your initial hosting purchase.
(d) Free domains are only applicable to new hosting accounts only, upgrading or switching from another uhostafrica hosting package will not qualify for a free domain.
(e) If the hosting is refunded the cost of the free domain will be deducted from this as the domain is yours to keep until expiry.
7.12 SSL certificates
7.12.1 Where the Services we provide to you include SSL we will attempt to obtain an SSL certificate that you order using the interface on our site.
7.12.2 You warrant that:
(a) the information submitted for the purposes of an SSL certificate is current, accurate and complete; and
(b) you will keep the information required for the purposes of an SSL certificate up-to-date (which changes may be subject to additional payments as set out on our site).
7.12.3 You agree to the terms of the applicable SSL subscription agreement (as amended from time to time): www.geotrust.com and www.rapidssl.com.
7.12.4 We do not allow clients to install third party SSL certificates. Please note that this is because of the staff resource required to install and renew them.
7.13.1 The Company will use reasonable endeavours to respond to requests for support in accordance with the support Services specifications as set out on our site.
7.13.2 For “Business”, “Enterprise” web hosting Services and managed Dedicated Servers, we will use reasonable endeavours to ensure that a member of our support staff can be reached by telephone at all times in the case of an emergency.
8 Intellectual Property Rights
8.1 For the purpose of this Contract, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
8.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
8.3 All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the “Works“) shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
9 If there is a problem with the Services
9.1 In the unlikely event that there is any defect with the Services:
9.1.1 please contact us through the helpdesk or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);
9.1.2 please give us a reasonable opportunity to repair or fix any defect; and
9.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.
You will not have to pay for us to repair or fix a defect with the Services under this clause 9.1.
9.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms will affect these legal rights.
10 Price of Services
10.1 The prices of for the Services will be as quoted on our site from time to time.
10.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
10.3 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
10.5 Payments in respect of domain name registrations, domain name renewals and SSL certificate Services (as more particularly set out at clause 7.11 and 7.12) are non-refundable.
11 How to pay
11.1 You can only pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
11.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
11.3 If you fail to make any payment due to us under this Contract by the due date (plus 7 days) then, without limiting our remedies under clause 11, you shall pay a fixed late fee on the overdue amount at whichever is the greater of 5% or $5. You shall pay the penalty charge interest together with the overdue amount.
11.4 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.
12.1 Either party (the “Non-defaulting Party“) shall be able to terminate this Contract immediately in the event that the other:
12.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or
12.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
12.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
12.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.
13 Consequences of Termination
13.1 Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.
13.2 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
13.3 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
13.4 If a Contract is terminated pursuant to clause 12.2 or by you pursuant to clause 12.1:
13.4.1 we will promptly provide to you an electronic copy of the Hosted Materials; and
13.4.2 we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.
14 Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1 Nothing in these Terms limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence;
14.1.2 fraud or fraudulent misrepresentation; or
14.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.2.1 any loss of profits, sales, business, or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of business opportunity;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill; or
14.2.6 any indirect or consequential loss.
14.3 Subject to clause 14.1 and clause 14.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
15 Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1 Nothing in these Terms limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
15.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 above, we have no liability to you for any
15.3.1 loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings; or
15.3.5 loss of goodwill.
15.4 Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
16.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
16.1.1 any breach by you of the warranties contained in clause 7; and
16.1.2 any claim made against us for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.
17 Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
18 Communications between us
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19 Data Protection
19.1 In this clause 19, “Personal Data” has the meaning given in the Data Protection Act 1998.
19.2 We warrant that, to the extent that we process any Personal Data on your behalf:
19.2.1 we shall act only on instructions from you; and
19.2.2 we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
20 Other important terms
20.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
20.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
20.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
20.4 A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
20.5 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
20.6 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.8 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of Zimbabwe.
20.9 The parties irrevocably agree that the courts of Zimbabwe have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
20.10 Calls may be recorded for training purposes.
20.11 Our DDoS protection is a network wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough then i.p addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.
This acceptable use policy sets out the terms between you and us under which you may access our website [https://uhostafrica.com/] (“our site”). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
https://uhostafrica.com is a site operated by uHostAfrica (“we” or “us”).
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Our Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
- Bulletin boards; and
- Services relating to the creation of your website such as the uploading of your documents and information.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to all material which you contribute to our site (“contributions“), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Zimbabwe and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspensions and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
The use of services from uHostAfrica constitutes agreement to these terms.
uHostAfrica refers to it’s members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on [email protected] or by using the support center https://www.uhostafrica.com/clientzone/submitticket.php
We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime and unplanned downtime is available on our website.
Service abuse & spam policy
We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused. This includes, but is not limited to the following:
- Sending unsolicited mail.
- Providing file storage services.
- Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
- Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.
- Hosted services that cause the general performance of our servers or nodes to degrade.
- Offensive conduct / content.
- Illegal or other unacceptable content
uHostAfrica does not condone spam being sent from our servers – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) uHostAfrica will suspend the customer’s account until assured it will not continue.
We may request that you get your own IP address for outgoing mail, at a cost of $25 per month, if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated. Should you infringe this policy, you will be held liable for any costs incurred by uHostAfrica.
Correspondence Customers are required to have a valid email address on file at all times. Details can be updated online at https://www.uhostafrica.com/clientzone/ All communication from uHostAfrica will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient.
If in the event that your email address on file does not work, you may use our support system at https://www.uhostafrica.com/clientzone/submitticket.php Where you can use your billing email address and password to gain access to technical support. Requests for new orders or services for existing clients can be done over our clientzone Portal https://www.uhostafrica.com/clientzone.
You may be required to validated yourself as the account holder before the request is actioned. Only email from the valid billing email address will be taken as a valid request and actioned.
Reselling of Services
Customers may resell all of our services. Customers are directly responsible for all services they/we provide to their clients. uHostAfrica will not support your end users directly. We are not liable to them or you for any damages they or you may suffer.
Contract Period You may cancel your account with us at any time: VPS’s and Cloud services will require a cancellation notification period of 30 days. You will be billed for those additional 30 days. Customers will not be entitled to a refund of any prepaid amounts: Therefore, if you cancel midway into your prepaid period, you will not be entitled to a refund for the unused portion that you paid / signed up for. Service termination will happen at the end of your billing term unless otherwise stated: provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by uHostAfrica. 6) High resource use policy Resources are defined as bandwidth, processor utilization, memory, disk space, bandwidth and IO uHostAfrica may implement the following policy to its sole discretion: When an account is found to be adversely affecting the performance of a server, uHostAfrica reserves the right to suspend or throttle that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to ensure that other users on the same server get a fair share of the hosting resources.
Customers may be offered an option whereby uHostAfrica continues hosting the website for an additional fee. Hosting resource limits per account/domain: If your hosting accounts resources have recently upgraded on our product-offering page, you must request that your resources match the new offering should they not match. Though every effort would be made to adjust old client’s packages to match the new resource offerings, this cannot be guaranteed. No claims or refunds will be entertained due to this.
All accounts are set up on a prepay basis. Although uHostAfrica reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every 1, 3, 6, 12 or 24 months depending on the hosting plan you choose. All payments are in United States Dollars. Any Paypal payments will be converted to USD using the governing exchange rate on the day of receipt. Payment must be made no later than 14 days from date of invoice. Customers will automatically be charged again at the end of their prepay period unless a closure / cancellation notification has already been sent to us via email which must be confirmed and acceptance via a return email from us. If you pay by credit card or debit order it will be charged automatically on, or, shortly after the 1st or 15th of the month. Depending on your chosen processing date as selected in the online billing portal. The default is the 1st working day of the month. In situations where the card number or debit order details on file are declined; it is the responsibility of the client to make payment via other means as we will only process the card again the following month. Services will then be at risk of being suspended / terminated. It is the client’s responsibility to keep their account up-to-date, and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing. The customer is responsible for all money owed on the account from the time it was established to the time the customer cancels the product from within the billing system. There will be an administration fee of USD$10 on all unpaid debit orders and credit card transactions. (insufficient funds/invalid account number etc) A credit balance on your billing account, will be automatically used to pay for unpaid invoices from oldest to newest. You also have the option of manually assigning credit to invoices within the billing system. Suspension and removal of account(s) due to non-payment: A service will be suspended if the invoice pertaining to the service is not paid within 7 days of the invoice being issued. Additionally, a fee of USD$10 will be levied per cPanel restore. Additional item restores will be quoted on beforehand. This fee is dependent on the availability of the account backups. We may ask the client to provide a cPanel backup of the account for us to restore, if no backup is available with us. A service will be cancelled and all relevant hosted data removed if the invoice pertaining to the service is not paid within 60 days of it being issued. This means that all the accounts data will be removed from our servers as well. If one of your services with us is currently suspended because of non-payment, and you have corrected this by making full payment to your account (full payment is when you bring the account balance to zero or you’re in credit with us). Then you will need to email [email protected] to have the account unsuspended. If there is an amount owing on your account (unpaid invoices) for longer than 60 days, the account will be deemed inactive and the entire account and all services related to it will be removed from our systems. Data, hosting accounts, domains etc. Invoices, PayPal payments: No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email. New orders will need to be paid for before they are setup, you may pay the relevant invoice via our online credit card gateway; accessible via the online billing system. Payments made via PayPal will be subjected to additional fees such as, conversion fees (from currencies other than Dollars (paypal)). These additional costs will be for the clients account.
The client is welcome to register domains by themselves and have them hosted with us. If a domain is under our administration: we will issue an invoice for the registration and renewal of the domain. All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to
1) refuse the transferal of a domain or
2) delete the domain from the registrar should your account be in arrears and be deleted from our system.
An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar. We will not vote for a transfer/update of a domain name (co.zw in particular), this needs to be done by the registrant’s email. Domain names that are not renewed due to it’s corresponding renewal invoices not being paid by the renewal date, will fall into a redemption period. If the domain is then renewed, while in the redemption period, the following fees will apply. co.zw domains will be redeemed at USD$20. All other domains will be redeemed at the quoted rate which will fluctuate due to the exchange rate. The redemption fee includes the following years registration fee. Please take note: Domains may not be renewed on the day of it’s invoice being paid – this is due to capturing/admin delays, therefore we send out renewal invoices/reminders 14 days to 2 months before the domain expires or goes into a redemption period., this allows enough time to get the domain renewed. Please ensure that you make payment for a domain renewal 7 days before the domain is set to expire or go into redemption. Failing this; your domain may go into redemption. Which will incur additional fees to redeem. Additionally the domain may be deleted and available for others to register.
Accounts on servers- Housekeeping If an account is setup on a server, and the domain’s www A or MX record is not pointing to the server – we reserve the right to remove the account from the server. 10) Payment options uHostAfrica currently runs the following payment methods. Credit / Debit Cards: uHostAfrica accepts MasterCard, Visa, Visa electron, Switch/Maestro. PayPal : Through the clientzone portal By submitting payment details to us (Credit card numbers Debit Order details) you warrant and confirm that you are duly authorised to use the supplied payment details.
Money back – trial period For customers opening their first account the initial 30 days are available on a money-back trial basis. For special promotions offered at discounted prices the trial period is limited to the initial 7 days. Customers will not be entitled to this benefit if they have previously had an account with uHostAfrica unless the period of absence has been greater than one year. Customers will only be refunded for shared hosting fees. No other fees or payments will be refunded. If we’ve included a domain name registration in the hosting plan for free, any refunds will be calculated as follows; hosting plan fee paid, less the normal domain name registration cost (what it would of cost you if you had registered it through us separately). There will be a once off admin fee of USD$5 for any refunds of credit on an account due to over payments.
Cancellation and refunds uHostAfrica reserves the right to cancel the service at any time. In this event customers, will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes uHostAfrica’s terms of service a refund will not be issued in the event of a cancellation. Any abuse of our staff in any format or medium will result in the suspension or termination of your services. Customers may cancel their account at any time provided that their account is fully paid up. Your account balance can be viewed online at https://www.uhostafrica.com/clientzone/
All account cancellations are processed within 24 hours from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination. Once an account is cancelled or removed due to non-payment, all data pertaining to the account will be removed from our servers. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services, which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition some accounts incur set-up fees, these charges are also non-refundable.
Arbitration If any issue needs to go to arbitration or legal assistance – this must be done within the city of uHostAfrica’s choice. Arbitration may only be done on an individual bases.
Indemnification uHostAfrica reserves the right to refuse service and/or access to its servers to anyone. uHostAfrica reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process. uHostAfrica does not allow any of the following content to be stored on its servers:
- Outdated scripts that have security holes
- Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
- Excessive download content or non-linked content.
- Spam, Phishing and any such illegal activities.
- Illegal content – per South African or UK law
- Copyright media which you do not own the copyright to.
- Account usage for backup purposes
- Sites with banners, graphics or cgi’s running from their domain being used on other domains.
- Sites with immense graphic archives or galleries.
- Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
- Sites running large chat room gatherings.
- IRC Scripts and Bots of any kind unless it was explicitly permitted by management
- Proxy scripts/anonymizers
- Image hosting similar to Photobucket, Twitpic, Imageshack and others
- AutoSurf/PTC/PTS/PPC sites
- IP scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror similar to Rapidshare and others
- Streaming with more than one or two streams
- Escrow, Bank Debentures, Bank Debenture Trading programs and sites
- Online Gambling Sites
- High-Yield Interest Programs (HYIP) or related sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
- Prime Banks Programs
- Lottery sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Fraudulent Sites of any kind
- Bulk mail systems – unless under one of our bulk mailer hosting accounts.
Sale of any controlled substance without prior proof of appropriate permit(s) Refusal of service is entirely at the unfettered discretion of uHostAfrica. Customer agrees that it shall defend, indemnify, save and hold uHostAfrica harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the afore mentioned, 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 to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless uHostAfrica against liabilities arising out of;
(1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with uHostAfrica;
(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 customer from uHostAfrica.
Backups are kept for a period of 30 days. Once an account is terminated from our system, the backups are removed as well. We do a weekly snap shot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service. We advise all clients to make periodic backups (at least once a month or whenever updates are done to the website, database or mails). This can be done by downloading a copy of their website and data (files,DB and stored mail) to their local personal computer/devise. cPanel provides a useful backup section where it will compress your entire site databases and emails kept on the server, into one file for you to download. We advise this because it is very possible that due to system compromise, mistake or “act of god” that all data and backups might be lost and your copy will be the only one available. As unfortunate and unlikely as this would be, it is a possibility.
uHostAfrica will not be responsible for any damages you or your business may suffer. uHostAfrica makes no warranties of any kind, expressed or implied for services we provide. uHostAfrica does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, uHostAfrica cannot guarantee to be able to replace lost data. uHostAfrica disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of any kind due to delays, non-deliveries, wrong delivery, and any and all service interruptions. uHostAfrica reserves the right to revise its policies and terms and conditions at any time. uHostAfrica will not be responsible for any incidental, indirect, special, consequential or latent damages or losses arising from your agreement with us. This includes loss of profits, revenue, cost of time/work or labour, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence, carelessness, or breach of contract.
Our total liability to you for direct damages will be a maximum amount of: One month of your hosting fee (excluding addon products or domain registrations) or $50; whichever is less. This clause will apply even if you advised uHostAfrica of the possibility of loss of damage prior to its occurrence. By signing up for any of our services you agree to be bound by all uHostAfrica’s terms and conditions. Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly.