Terms & Conditions - Xtremeexpsosure.co.za

SERVICE AGREEMENT TERMS & CONDITIONS

This is an agreement between you and Xtremeexposure regarding your use of Xtremeexposure's computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Xtremeexposure makes the services offered by Xtremeexposure available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Xtremeexposure " web hosting or similar services. Under this Agreement, you must comply with Xtremeexposure's then current "Acceptable Use Policy," as updated from time to time by Xtremeexposure.

Xtremeexposure hereby sells the service to the Account Holder on the terms and conditions herein contained which terms and conditions the Account Holder is deemed to have familiarized himself/herself with and to have irrevocably accepted when they utilize any of Xtremeexposure Services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

INTERPRETATION
In these terms and conditions:

the "Account Holder" means the party who has purchased the service and/or any person using the service.
"the Service" means the Internet service described herein provided by Xtremeexposure to the Account Holder in terms of the terms and conditions herein contained;
"Xtremeexposure, support@Xtremeexposure.co.za" means Hostworx cc, and its Affiliates.
"Term" refers to the Term of the contract signed by the Account Holder.

PROVISION OF SERVICE

The Account Holder shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunications equipment, modems and the like, which is or may be necessary for the Account Holder to obtain and retain access to the required service(s).
The Account Holder shall be liable for all telephone call charges and other third party costs incidental thereto.

AVAILABILITY OF SERVICE

Xtremeexposure shall make every effort to make the service available at all times and shall use its utmost endeavors to strive for 100% (one hundred percentum) uptime. Xtremeexposure is, however, unable to guarantee 100% (one hundred percentum) uptime.
Xtremeexposure will use its best efforts to maintain a full time Internet presence for the Account Holder.
Xtremeexposure shall strive at all times to provide Account Holders with prior notice, where possible, of scheduled maintenance so as to avoid Account Holders having to log-off for any period of time.
Xtremeexposure shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
Xtremeexposure'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. Xtremeexposure expressly disclaims any representation or warranty that the Xtremeexposure services will be error-free, secure or uninterrupted. No oral advice or written information given by Xtremeexposure, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice.
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.
In no event shall Xtremeexposure be liable to the Account Holder for any damages resulting from or related to any failure or delay of Xtremeexposure in providing access to the Internet under this Agreement.
In no event shall Xtremeexposure be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof.
The aggregate, total liability of Xtremeexposure under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder.
The Account Holder accordingly indemnifies Xtremeexposure against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Xtremeexposure being unable to make its service available to the Account Holder under the circumstances described in this clause.
The terms of this Section will survive any termination of this Agreement.

USER ETIQUETTE

The Account Holder acknowledges and agrees that:

Account Holders are expected to abide by generally accepted Usenet etiquette ("Netiquette");

The Account Holder shall not use the service in a manner which:
1. Constitutes a violation of any law, regulation or tariff that may be offensive to internet users in general, to the public at large or as same may be determined from time to time by Xtremeexposure in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
2. Is defamatory, fraudulent or deceptive;
3. Is intended to threaten, harass or intimidate;
4. Tends to damage the name or reputation of Xtremeexposure, its holding company, affiliates or subsidiaries; or Interferes with the use and enjoyment of Internet related services of the Account Holders of Xtremeexposure .
The Account Holder undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the internet as specified or implied by Xtremeexposure or any of the local or foreign service providers or laws governing the provisions of the service and Internet.
The Account Holder agrees not to harm Xtremeexposure, its reputation, computer systems, programming and/or other persons using Xtremeexposure's services.

PAYMENT OF SERVICE

Xtremeexposure shall bill the Account Holder in advance for the following month for hosting/access services. Other services rendered traffic overages, support will be billed in arrears.

Xtremeexposure will only issue invoice on request by the Account Holder.
The Account Holder pays to Xtremeexposure such charges as levied by Xtremeexposure from time to time as follows:

Monthly Subscriptions - The charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly in advance by the Account Holder to Xtremeexposure , including a pro-rata charge for the first months billing(excluding access traffic). Payment is rendered without deduction, free of exchange or set-off by way of debit order; or in such manner as determined by Xtremeexposure . It is a condition of activation that details of a valid, un expired Visa, Master Card or a current bank account be provided for debit order purposes. All amounts due to Xtremeexposure will be recovered from the banking source given. This amount is non-refundable.
Bi-annual Subscriptions - The charge for a subscription to the service on a bi-annual basis is payable in full in advance by the Account Holder to Xtremeexposure . It is a condition of activation that details of a valid, un expired Visa, Master Card, or a current bank account be provided for debit order purposes. All amounts due to Xtremeexposure will be recovered from the banking source given. This amount is non-refundable.
Annual Subscriptions - The charge for a subscription to the service on a Annual basis is payable in full in advance by the Account Holder to Xtremeexposure . It is a condition of activation that details of a valid, un expired Visa, Master Credit Card, or a current bank account be provided for debit order purposes. All amounts due to Xtremeexposure will be recovered from the banking source given. This amount is non-refundable. Annual subscriptions will be renewed automatically.
Usage fees, where applicable, will be billed in arrears. Xtremeexposure reserves the right to withhold access for overdue accounts, while the Account Holder shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
Debit Order Return Fee of R50-00 will be added to each debit order returned
Reconnection Fee of R100-00 will be added to each account that is disabled due to late or non payment.

Without prejudice to rights granted to Xtremeexposure in terms hereof, any amount due by the Account Holder to Xtremeexposure not paid on due date thereof:
1. Shall bear interest at a rate equal to the maximum, allowable in terms of the Usury Act, 1968, calculated daily in advance from the date payment was due until date of actual payment thereof; and
2. Should the Account Holder fail to pay any amount owing to Xtremeexposure on the due date, Xtremeexposure shall be entitled, in its discretion and without prejudice to any other rights, which it may have, to cancel this agreement without notice to the Account Holder, or to suspend performance of its obligation pending full payment by the Account Holder.
3. In the instance where this agreement, in respect of any products applied for, specifies a minimum period of one years duration and a Account Holder cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall all immediately become due and payable to Xtremeexposure
Xtremeexposure reserves the right to refuse the release of the customers website/domain on any account that has a balance owing to Xtremeexposure in respect of services rendered, this includes monies outstanding for Web hosting services, Internet access services and support services rendered to the customer by Xtremeexposure.
Xtremeexposure shall be entitled to take all such steps, without notice to the Account Holder, as may be necessary to recover such outstanding amount. The Account Holder shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
In the case of a CC/Partnership the Members/Partners bind themselves personally liable for any amounts owing to Xtremeexposure in respect of the CC/Partnership. In the event of a CC or Partnership being liquidated the Members/Partners bind themselves personally liable for any amounts outstanding and any costs incurred in respect of the recovery of the outstanding amount. Xtremeexposure furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa the Members/Partners of such CC / Partnerships who fails to comply with the payment agreement for subscription to the service.
Xtremeexposure furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa, any such Account Holder who fails to comply with the payment agreement for subscription to the service. In addition Xtremeexposure will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
Xtremeexposure reserves the right to amend Service subscription charges at its sole discretion. Xtremeexposure will give the Account Holder 30(Thirty) days notice of any such amendment and the Account Holder shall be bound to such adjustments.
Xtremeexposure may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Xtremeexposure reserves the right to change the specified rates and charges from time to time.

SUSPENSION/DISCONECTION OF SERVICE

Xtremeexposure may from time to time and without notice, suspend and/or disconnect a Account Holder from the service in any of the following circumstances:
1. During any technical failure, modification or maintenance of the Service, provided that Xtremeexposure will use its reasonable endeavors to resume the service as soon as possible;
2. Should the Account Holder fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in Xtremeexposure 's opinion may have negatively affected the operation of the Service.
3. If the Account Holder fails to make the required payment for such monies due to Xtremeexposure for subscription to the service, and/or in the event of a Account Holder being in arrears on either monthly, bi-annual or annual payments, with no attempt from the Account Holder to resolve.
Xtremeexposure reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of Xtremeexposure , payable by the Account Holder on invoice, for any request to be reconnected to the Service, and irrespective of how the Service was suspended or disconnected.
Notwithstanding any suspension of the Service in terms hereof, the Account Holder shall remain liable for all charges due throughout the period of suspension unless Xtremeexposure in its sole discretion determines otherwise in writing.
In the event of 30 days of non-payment, you agree to Xtremeexposure's right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Xtremeexposure.

REGULATORY COMPLIANCE

The Account Holder undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The Account Holder furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be affected to these terms and conditions and hereby consents to Xtremeexposure effecting such amendments without prior notice.

BREACH

If either Xtremeexposure or the Account Holder breaches any term of this agreement and fails to remedy such breach within fourteen days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.

DISPUTE RESOLUTION

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. 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.

COMMENCEMENT, DURATION AND TERMINATION

This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by Xtremeexposure and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect.
Written notice must reach Xtremeexposure by no later that the 1st of the calendar month.

DISCLAIMER FOR LIABILITY

Although Xtremeexposure shall use reasonable endeavors to provide disaster recovery, Xtremeexposure does not specify any recovery time, nor shall Xtremeexposure be liable for any loss or damage of whatever nature incurred or suffered by the Account Holder from any cause whatsoever as a result of Xtremeexposure failure to provide, or delay in providing, or providing only partial, disaster recovery. The Account Holder is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by Account Holder will be successful or in any way will avoid disaster.
The Account Holder shall have no claim against Xtremeexposure and the Account Holder hereby indemnifies and holds Xtremeexposure free from liability in respect of any loss or damage by:

Caused by or arising from any fact or circumstances beyond the reasonable control of Xtremeexposure; or
If such loss or damage is consequential or incidental loss or damage; or
Any downtime, outage, interruption in or unavailability of the server or the Xtremeexposure network as a result of or attributable to any of the following causes:
Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
The damage, contamination or corruption of any kind of the server or any of the Account Holder's data, material, information and/or content howsoever occasioned;
Any inaccuracies in the impression statistics given to the Account Holder or in the page counter on the Account Holder's web site;
Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the Xtremeexposure network is connected;
Any infringement of the Account Holder's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Account Holder's web site in terms of this agreement;
Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Account Holder's information, data or content;
The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;

Xtremeexposure reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Xtremeexposure network and the Account Holder undertakes that it will not do or permit anything to be done which will compromise the security of the Xtremeexposure network.
Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if Xtremeexposure has substantially performed its obligations under this agreement.
You agree that Xtremeexposure may establish limits concerning use of any Xtremeexposure service offered on any Xtremeexposure web site, including without limitation the maximum number of days that e-mail messages will be retained by any Xtremeexposure service, the maximum number of e-mail messages that may be sent from or received by an account on any Xtremeexposure service, the maximum size of an e-mail message that may be sent from or received by an account on any Xtremeexposure service, the maximum disk space that will be allotted on Xtremeexposure's servers on your behalf either cumulatively or for any particular service. You agree that Xtremeexposure has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Xtremeexposure service. You acknowledge that the features, parameters (for example, the amount of storage available to Account Holders) or existence of any Xtremeexposure service may change at any time.
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 Xtremeexposure.

INDEMNITY

The Account Holder indemnifies and holds Xtremeexposure , its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the service.
The Account Holder agrees to indemnify and hold Xtremeexposure harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Xtremeexposure will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

DOMICILIUM

The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box.
Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
Any notice given and any payment made by one party to the other ("the addressee") which: -
is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;

JURISTRICTION

The Account Holder hereby irrevocably consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the magistrates' Courts Act of 1944, provided that Xtremeexposure shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
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). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder's use of the Xtremeexposure services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

NOTICES

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. 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. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

CESSION AND DELEGATION

The Account Holder shall not cede, assign or delegate or in manner whatsoever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior consent or Xtremeexposure.
In the event of any change in controlling interest in the Account Holder, Xtremeexposure shall be entitled to terminate this agreement on notice to the Account Holder.
The Account Holder shall notify Xtremeexposure of any change in its controlling interest within 14(Fourteen) days of such change.
Xtremeexposure shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its right and obligations under these terms and Conditions.

GENERAL

The Account Holder acknowledges and agrees that these terms and Conditions govern the Account Holders use of the Service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
The Account Holder shall not, without the express written permission of Xtremeexposure , resell or make available to any third party such services as they might receive from Xtremeexposure .
These terms and conditions may change from time to time.
The Account Holder may view such terms and conditions at http://www.support@Xtremeexposure.co.za/terms.htm and unless otherwise notified, Xtremeexposure shall deem that the Account Holder has acknowledged and agreed thereto within 14(Fourteen) days of such changes being effected.
Xtremeexposure may include the Account Holder's name and contact information in directories of Xtremeexposure's service subscribers for the purpose promoting the use of the services by additional potential Account Holders. However, Xtremeexposure 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.
Xtremeexposure will not change passwords to any account without proof of identification, which is satisfactory to Xtremeexposure, 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 Xtremeexposure will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Xtremeexposure 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 Xtremeexposure from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
This Agreement constitutes the entire agreement between the Account Holder and Xtremeexposure with respect to the Xtremeexposure services and supersedes all prior agreements between the Account Holder and Xtremeexposure. Xtremeexposure's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. 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.
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 Account Holders of that account. A Xtremeexposure account may not be transferred without prior written approval from Xtremeexposure. 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 Xtremeexposure services, including any damages resulting there from, until the Account Holder notifies Xtremeexposure's customer service.
The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Xtremeexposure.
We require written notification of cancellation of a service with 30 days prior to the renewal date. You must have all account information to cancel and send your notification via email to billing@support@Xtremeexposure.co.za If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a-la-carte services.

DIAL-UP - ACCESS TERMS & CONDITIONS

In order to ensure the security and reliable operation of the system to all Account Holders, Xtremeexposure hereby reserves the right to take whatever action Xtremeexposure finds necessary to preserve the security and reliability of the system.

Xtremeexposure, with effect from the effective date, hereby grants to the Account Holder the use and enjoyment of its computer network to gain entry to the Internet ("access") on the terms and conditions set out herein.
The Account Holder hereby acknowledges receipt of such access and agrees:
1. That the log-in ID and password will be used for his/her personal use only;
2. Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorized use") and undertakes to maintain the confidentiality of such log-in ID and password;
3. In the event that any unauthorized use takes place, to pay immediately, on demand made by Xtremeexposure, all such costs involved in the use of such Account Holder's log-in ID and password.
The Account Holder acknowledges that he/she is prohibited from utilizing Xtremeexposure services to compromise the security or tamper with system resources or account(s) on computer(s) at Xtremeexposure, or at any other site.
The Account Holder agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by Xtremeexposure's operating policies, which may be amended from time to time at Xtremeexposure's sole discretion, (and the Account Holder hereby indemnifies and holds Xtremeexposure free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
1. Not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
2. Not to post or transmit any message, data, image or program which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;
3. Not to interfere with use of the Internet by any other Xtremeexposure Account Holders or other Account Holders;
4. Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the Account Holder;
5. Not to repeatedly post gratuitous off the topic postings;
6. Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and
7. Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
In the event that the Account Holder should engage in any one or more of the above practices, which shall be determined in Xtremeexposure's sole discretion and which decision shall be final, then Xtremeexposure shall be entitled to:
Terminate, without notice, the Account Holder's account and/or access to Xtremeexposure services, including but not limited to web hosting services and e-commerce;
Bill the Account Holder for any costs incurred by Xtremeexposure, including, but not limited to, bandwidth, administration costs, downtime, usage of Xtremeexposure's name or registered domain names, and CPU cycles; and
Notify all those persons who received the offending spam of the personal and public information of the Account Holder.
Without limiting the above, the Account Holder undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by Xtremeexposure or by any of the local or foreign service providers or any laws governing the provision of the service.

ADSL INTERNET ACCESS SERVICE - TERMS AND CONDITIONS

Commencement and Duration of this Agreement
This Agreement commences on the date we accept your request to receive ADSL Internet Access Services (the "Commencement Date") and will continue for an initial term of 1 months (the "Initial Term") and monthly thereafter unless terminated earlier by either party in accordance with terms and conditions of this Agreement.
Account Holder names and Passwords
1. The Account Holder must ensure that Account Holder names and passwords used for ADSL Internet Access are kept confidential and are only used by authorized Account Holders. Please inform us immediately if you know or suspect that a Account Holder name or password has been disclosed to an unauthorized Account Holder or is being used in an unauthorized way. The Account Holder must not change or attempt to change a Account Holder name without our consent.
Xtremeexposure reserve the right (at our sole discretion):
1. To suspend Account Holder names and password access to the Service if at any time we think that there has been or is likely to be a breach of security; and to ask you to change any or all of the passwords you use in connection with the Service.
Bandwidth
1. Xtremeexposure is reliant on the service supplied by Telkom. Telkom does not guarantee the bandwidth throughput achieved when browsing Internet utilizing an ADSL access line and this Xtremeexposure cannot do so either.
2. Bandwidth Over Usage -In certain instances customers might run over their available cap, due to the ADSL Accounting only being able to be updated on an hourly basis from the telkom ADSL equipment. In such instances the customer agrees that the over usage of traffic will be automatically subtracted from their ADSL account on addition of extra bandwidth or on the rollover to the following months traffic usage. In the event the customer cancels their account or is on prepaid traffic, the customer will be invoiced for the over usage of traffic. The customer agrees to will be held liable for all over usage costs at the going rate at the time.
3. All Shaped ADSL services is shaped automatically by telkom and peer-to peer software might not work 100% on these ADSL accounts, the client agrees to not hold Xtremeexposure liable for such problems.
4. Service Cap - A service cap will be imposed at the selected traffic cap selected on the ADSL services. What this means is that after you have used up your selected traffic cap (to or from your PC) your connection will be disconnected and a limited network access will be available to add additional traffic to your account. Xtremeexposure cannot be held liable for the result of your service being capped.
Communication
1. You hereby agree that Xtremeexposure may from time to time send you communications regarding (without being limited to) special offers/discounts which Xtremeexposure may negotiate for its members, operational changes that may affect the service and/or new services launched by Xtremeexposure from time to time.

DOMAIN SERVICES - TERMS AND CONDITIONS

Xtremeexposure shall in accordance with the Account Holder's instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the Account Holder.
The Account Holder acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that Xtremeexposure cannot guarantee the registration of the domain selected by the Account Holder.
The Account Holder hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds Xtremeexposure free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
The Account Holder agrees to refund to Xtremeexposure the costs levied by registration authorities in procuring the registration of the domain name.
A fee of R10-00 will be charged should you just Park your domain name

MAIL SPOOLING - TERMS AND CONDITIONS

Xtremeexposure shall provide the Account Holder with an SMTP/POP3 mail spooling service in accordance with the Account Holder's choices as set out in this application form and at such charges as specified in the main order form.
The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
Xtremeexposure assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The Account Holder undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and Xtremeexposure reserves the right to suspend or terminate the service if relaying occurs until such time as the Account Holder has taken steps to prevent the relaying.
The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.

WEB SITE HOSTING - TERMS AND CONDITIONS

Xtremeexposure shall, in accordance with the account holder's choices indicated on the account holders application form:

Host an account for you, the Account Holder, for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder.
Permit users of the Internet, access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
Provide such platform as set out in the application form;
Allocate the Account Holder disk space on Xtremeexposure's server as indicated on this application form;
Take such steps as Xtremeexposure regards as reasonable to secure the Account Holder's Web site from unauthorized access;
The then current contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated by the customer.
We require written notification of cancellation of a service with 30 days prior to the renewal date. You must have all account information to cancel and send your notification via email to billing@support@Xtremeexposure.co.za If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a-la-carte services.
The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography.
Violations of these or any other provisions of this Agreement may result in termination of the services provided by Xtremeexposure, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Xtremeexposure based upon the severity of the violation.
Xtremeexposure reserves the right to refuse service if any of the content within, or any links from, the Account Holder's web site is deemed illegal, misleading, or obscene, or is otherwise in breach of Xtremeexposure's then current Acceptable Use Policy, in the sole and absolute opinion of Xtremeexposure. Notwithstanding anything in this Agreement, the content of the Account Holder's web site is the sole responsibility of the Account Holder.
Xtremeexposure shall not be liable for any illegal software or licenses.
The Account Holder agrees to indemnify and hold harmless Xtremeexposure from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Xtremeexposure, (collectively, Claims) related to or in connection with the content of the Account Holder's web site.
The terms of this Section will survive any termination of this Agreement.

CONTENT MONITORING AND TERMINATION RIGHTS

The Account Holder acknowledges that Xtremeexposure has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Account Holder's content as hosted by Xtremeexposure and published by the Account Holder on the Account Holder's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Xtremeexposure, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Xtremeexposure, its affiliates, and its business partners.
Accordingly the Account Holder agrees, if Xtremeexposure in the exercise of its sole discretion is of the opinion that the Account Holder's content is offensive, unlawful, or harmful, as set out above, or the Account Holder has uploaded and utilized illegal or harmful software or licenses, that Xtremeexposure without derogating from any of its other rights in terms of this agreement, may:

request the Account Holder forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
request the Account Holder forthwith to amend or modify the content; or
without notice delete the Account Holder's web site from the server; or
without notice terminate access to the Account Holder's web site; or
The Account Holder agrees that nothing that Xtremeexposure does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Xtremeexposure for the content of the Account Holder's web site or the illegal use of software or licenses and the publication thereof, whether or not Xtremeexposure had knowledge of such content and the Account Holder hereby indemnifies Xtremeexposure and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Account Holder's content or software as well as any other data or software on the Account Holder's web site.

Xtremeexposure shall use its best endeavors to notify the Account Holder of any action taken in terms of clause above, but does not warrant that notice shall be given to the Account Holder prior to such action being taken.
If Xtremeexposure assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Xtremeexposure services, the right to use that Internet Protocol address will remain with and belong only to Xtremeexposure, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Xtremeexposure in its sole and absolute discretion.
If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Xtremeexposure has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Xtremeexposure Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Xtremeexposure, Xtremeexposure may terminate the services being provided to the Account Holder.
Xtremeexposure reserves the right to select the server for Account Holder's web site for best performance. The Account Holder understands that the services provided by Xtremeexposure are provided on a shared server. This means that one web site 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 web site overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's web site. Xtremeexposure will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Xtremeexposure has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Xtremeexposure and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Xtremeexposure The terms of this Section will survive any termination of this Agreement.

E-MAIL - TERMS AND CONDITIONS

Xtremeexposure shall provide the Account Holder with e-mail services in accordance with the Account Holder's choices as set out in the this application form.
Xtremeexposure assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.

MAILING LIST - TERMS AND CONDITIONS

Xtremeexposure shall provide the Account Holder with a Bulk email service in accordance with the Account Holder's choices as requested.

The account Holder will ensure that all subscriptions on the maillist are verified subscriptions, and dirty lists will result in possible blacklisting of ip addresses and will result in suspension and possible termination of such maillists.
Xtremeexposure shall assume no responsibility for the failure of any mail delivery or the loss of any mail. Xtremeexposure will immediately terminate any list owner account that it believes in it's sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
Compliance of the ECT Act regarding Commercial mail must be abided to. Any contravention of the Act leading to legal action due to the breach will be for the maillist owners responsibility.
The Account Holder indemnifies and holds Xtremeexposure , its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the Bulk email service.
If any of Xtremeexposure ip addresses get blacklisted due to UCE bulk email / Spam sending from any maillist will result in the Account Holder being responsible for costs to have such ip addresses removed from the blacklist systems. This is normally charged at around $50 per ip address/spam email received by RBL's such as Sorbs, Spamhaus, Spamcop, etc. This is normally charged as a "fine" and paid to one of the charities identified by the specific RBL system at that point in time.
By using our bulk mailing system, we automatically accept that you have agreed to be bound by these terms and conditions listed herein.

SPAM/EMAIL ABUSE - TERMS AND CONDITIONS :
Spam/E-mail abuse shall include, but are not limited to, the following activities:

sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the HostworX network or of the networks with which HostworX interconnects, by virtue of quantity, size or otherwise;
using another site's mail server to relay mail without the express permission of that site;
using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
using IP addresses that the Customer does not have a right to use;
collecting the responses from unsolicited electronic messages;
maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
using distribution lists containing addresses that include those who have opted out;
sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
using redirect links in unsolicited commercial e-mail to advertise a website or service;
posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Support

Support options are offered via telephonic support / email support / online ticketing system.
Please contact support at
support@Xtremeexposure.co.za

Development

We have developers who can develop new websites for you, or if you have an existing website we can enhance and optimize it, impoving search engine visibility, etc

Strategy

Let us develop an SEO or eMail Marketing strategy for your company , enhancing your web site visibility and boost your traffic.
Contact: info@Xtremeexposure.co.za