Information provided

It is the users’ responsibility to ensure the accuracy and legitimacy of the information provided to Your.co.za. This information will be directly passed onto the .co.za registrar on the users’ behalf to facilitate the registration of the user’s domain. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
The provision of this information by the user, will result in the information being made available completely, or in part, to the .co.za registrar, and as a result, indirectly to the general public, who may use a ‘WHOIS’ or other similar query tool to ‘lookup’ the details of the registered owner of the domain being registered. Please refer to the section entitled “privacy policy” for Your.co.za’s policy on maintaining user privacy.

The registration of a domain name

The registration of the domain name will be performed once payment has been received. It is the users’ responsibility to check the spelling of the required domain name before registration takes place, as mistakes cannot be rectified later without incurring additional expense. Domain name registration takes place with the authority assigned to govern the .co.za name-space; as a result this part of the users’ registration is completely out of the control of Your.co.za. The registrant grants full rights to Your.co.za to register a domain name on their behalf.

The registration of a domain name allows the user the rights set-out within the co.za ‘terms and conditions’ to use the domain name registered, for a year. The domain name being renewable on the date of registration annually at a cost set by Your.co.za.
By registering a domain name through Your.co.za, you are appointing Your.co.za as the managing agent for the domain’s administrative, billing and technical management, In doing so you are bound to process all such recurring renewals and subsequent payments through Your.co.za while the domain is held by Your.co.za.
You further warrant that the registrant name provided by you is indeed the rightful registrant of the domain name, and not your personal or business name, acting as an agent on behalf of another user.

Users accept that due to the nature of the technology and procedure surrounding a domain name registration, that various delays will take place, in both the registration process, with Your.co.za and the .co.za registrar, and also due to the DNS propagation period, which can sometimes be as long as 72 hours.
Your.co.za reserves the right to upload a default web page under any website that is not accompanied by website content; an example of such would be a user that applies just for a domain name registration, and or email, but does not elect to have 3rd party software installed, or does not upload their own content (when hosting is selected).
The free email service, when applicable, is offered to clients who have a valid domain name with Your.co.za, where 1) Your.co.za is the official registrar and custodian of the record, and 2) Where the use of 3rd party name-servers are not in effect. These free services are provided at the sole discretion of Your.co.za and may be withdrawn at any time without notice or compensation.

The installation and setup of 3rd party software

The 3rd party software made available, to users, for selection during the signup process has been made available under the GNU General User License. As a result, the user is allowed the use of this 3rd party software provided that it conforms to the guidelines set-out within license. In compliance with the license, Your.co.za charges a nominal fee for the setup and installation of this software, but under no circumstances represents that it is the rightful owner of the 3rd party software, or does it warrant that it has “Sold” this software to you. The fee charged for this software covers the administration and installation of this software only. This setup fee is a once off cost, and will afford you the default installation (as provided using “Fantastico” under cpanel) of the 3rd party software in its current revision. From time to time, future revisions of the 3rd party software may be published and released for the general public’s use. For stability, and ease-of-use considerations, Your.co.za will not automatically increment your software revisions with each new release of such software. You may, from time to time request that the current version of the 3rd party software you are using be made current, however, Your.co.za reserves the right to charge a fee for this service on a case by case basis, as it sees fit, taking each case into consideration.

Termination of your account

Should your hosting plan expire, and you do not elect to renew your domain, your hosting and or email space will be forfeit. It is the user’s responsibility to ensure all website content, including but not limited to, database information, and website storage files, as well as email from the mail server, be backed up and or retrieved before your domain expires, if you do not intend on renewing your domain.

Your.co.za reserves the right to terminate your account at any time, should you be in violation of the terms and conditions shown within this agreement, or if instructed to do so by an authority such as a court of law, or law enforcement agency. The termination of your account in this way will result in your services completely, or in part, being discontinued with no compensation being passed in favour of the user, unless Your.co.za sees fit to do so. See “Refunds”.

Notice Of Cancellation

Your.co.za requires 30 days notice to process the cancellation of any service, including but not limited to Dedicated IP Addresses, Domain Names, Hosting Accounts and 3rd party software services.
Domains may not be migrated 30 days prior or post their renewal dates.

Refunds

Should Your.co.za be unable to continue providing you with part of, or all of the agreed-upon service, including, but not limited to hosting, the email service, or any of the 3rd party software you will be granted a refund, pro rate, for the remaining period of your service. Refunds are not applicable to service fees, and the registration of your domain name. Your.co.za applies best efforts in registering your domain timeously (week days), should you register your domain with another provider before Your.co.za is able to effect your registration, you will be afforded a “store credit” for the value of the purchase which Your.co.za is unable to fulfill.

Breach of contract

Should you at any time violate any of the terms and conditions set out in either this document, or the terms and conditions set out on the .co.za website, you will be in breach of contract. Depending on the nature and severity of the violation, Your.co.za reserves the right to suspend, in part, or as a whole, your service, and discontinue your service indefinitely. Your.co.za reserves the right to furnish the authorities with your particulars should you be suspected of a crime (unsolicited email or “Spam” is a serious offence and in violation of the electronic communications and transactions act.
Indemnification
The Customer agrees that it shall defend, indemnify, save and hold Your.co.za harmless from any and all demands, liabilities, losses, costs and claims, including but not limited to reasonable attorney’s fees asserted against Your.co.za, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Your.co.za against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Your.co.za;
(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 customers from Your.co.za’s server.

Disclaimer

Your.co.za shall not be responsible for any damages your business may suffer. Your.co.za makes no warranties of any kind, expressed or implied for services we provide. Your.co.za disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Your.co.za and its employees. Your.co.za reserves the right to extend services to whomever it chooses at its sole discretion; should you exhibit behavior which Your.co.za deems to be incompatible with its ethics and operating procedures, Your.co.za reserves the right to refuse service to you at any time.

Disclosure to law enforcement

Your.co.za may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

Privacy Policy

Your.co.za agrees to adopt a good practice approach in terms of collecting user information. Your.co.za agrees not to sell any such information collected from users using the website and or services. Statistical information, however, could be collected from time to time, and will identify users, so far as which internet browsers they make use of and the trends created by user visits, so as to enhance the user experience of the website.
Acceptable usage policy
All services provided by Your.co.za may only be used for lawful purposes. The laws of South Africa, the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Your.co.za from any claims resulting from the use of our services. (see Liability)
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please make use of the “contact us page” to contact the “Abuse” mail address with the information required.
Examples of unacceptable material include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket / email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Your.co.za reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Changes to the TOS

Your.co.za reserves the right to revise its policies at any time without notice. Your continued use of the services provided by Your.co.za constitutes your full acceptance of the terms and conditions as laid out by Your.co.za.