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Email Hosting Agreement
THIS AGREEMENT is made on [<<DATE>>].
BETWEEN
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Madbot will provide Web Hosting services on behalf of the Client.
TERMS
Subject to the terms and conditions of this Agreement, Madbot will provide Email Hosting services for the Client subject to the following terms:
COST
Cost will be R360.00 per year and includes the following:
Please note: the preferred download method for emails is POP3. We do not recommend using the IMAP protocol as in the case of a server failure/transfer, there is no guarantee that emails stored on the server may be transferred or recovered. Emails are not part of the backup runs and no guarantees are made in terms of retention of emails on the server.
TERMS OF PAYMENT
Terms of payment are C.O.D. unless credit approval has been granted by Madbot. If credit approval has been granted, credit terms are net 14 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
PROPRIETARY INFORMATION
Proprietary information exchanged here under shall be treated as such by the Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. The Client further agrees to not decompose, disassemble, decode or reverse engineer any Madbot program, code or technology delivered to the Client or any portion thereof.
CENSORSHIP
Madbot will exercise no control whatsoever over the content of the information passing through the network, email or web site.
WARRANTIES
You agree to use all Madbot hosting services and facilities at your own risk. Madbot specifically disclaims all warranties of merchantability and fitness for a particular purpose.
In no event shall Madbot be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
You agree that you shall defend, indemnify, save and hold Madbot harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Madbot, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.
You agree to defend, indemnify and hold harmless Madbot against liabilities arising out of:
– Any injury to person or property caused by any products sold or otherwise distributed in connection with Madbot’s server;
– Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
– Copyright infringement;
– Any defective products sold to customers from Madbot’s server.
Madbot shall be the sole judge of what violates this Policy.
SERVER ABUSE POLICY
If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again.
We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
NO MASS EMAIL MARKETING ALLOWED
We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever, including email newsletters, is allowed on our network. It doesn’t matter if it’s “opt-in email marketing”, we simply do not allow sites of that nature to be hosted on our network. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites without prior notice.
SPAM POLICY
Madbot has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either:
– over the Madbot network, by customers or any other users of the Madbot network;
– and/or over any network if the message sent advertises or mentions a site hosted on a Madbot server.
We react quickly and seriously to violations, and we further reserve the right to suspend or terminate the services, without prior notice, of any customer disregarding this policy.
If spam sent through your account results in a mailserver being blacklisted, we reserve the right to charge you for any blacklist removal fees that may be incurred.
Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Madbot email address or web site URL is prohibited.
The use of Madbot servers as a mail drop for responses to activities described above is also prohibited.
If your hosting account is involved in spamming activities, and your account is subsequently terminated, then you do not have the right to a refund. This also includes refunds for additional services or products, such as installations of software, SSL certificates and dedicated IP addresses purchased for that hosting account.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@Madbot.co.za
CONTENT POLICY
All services provided by Madbot may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Swiss, United Kingdom or United States Federal, State, Provincial or City law is prohibited.
This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless Madbot from any claims resulting from the use of the service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to Madbot servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
– Pirated software
– Hacker programs or archives
– Warez sites
– Online gambling
Madbot does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors.
Any illegal activity, online gambling, spamming or hacking will result in your site being shut down.
Madbot will be the sole arbiter as to what constitutes a violation of this provision.
TERMINATION
Madbot may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Madbot of said failure, 2) appointment of Receiver or upon the filing of any application by the Client seeking relief from creditors, 3) upon mutual agreement in writing of Madbot and the Client.
DISPUTES
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
INDEMNIFICATION
The Client shall indemnify and hold Madbot harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Madbot directly or indirectly arising from or in connection with the Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by the Client.
GENERAL
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of South Africa. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.