Terms of Service

Important Legal Agreements

My Web Manager provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of My Web Manager are subject to the following terms of service:

Indemnification Policy

You agree to use all My Web Manager services and facilities at your own risk. My Web Manager specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall My Web Manager be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold My Web Manager harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against My Web Manager, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless My Web Manager against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with My Web Manager's server.

My Web Manager reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from My Web Manager's server. My Web Manager shall be the sole judge of what violates this Policy.

Domain Names

Domain Registration

My Web Manager is an authorised domain reseller allowed to register South African Domain Names .co.za, net.za, org.za or web.za; .durban, .captetown, .joburg, Domain Name spaces These domain name spaces are managed and administered by various Administrators and therefore registration of Domain Names on these Domain Names spaces are subject to the administrator policies, which may be amended from time to time.

My Web Manager Utilises the services of Diamatrix and xneelo and Host Africa, to register all international domain names subject to the terms and condistions of Diamatrix, xneelo and Host Africa respectfully, as amended from time to time

The registration, maintenance, or, transfer of a Domain Name is subject to the terms and conditions of these Administrators and Registrars which allocate and govern these Domain Names. The Registrars may change or be replaced from time to time; and My Web Manager may change its registration provider from time to time.

All Administrators and Registrars’ terms and conditions are binding upon the Customer by reason of Customer’s acceptance of these terms and conditions.

The following principles apply with regard to Domain Name registrations:
Domains Names are made available on a “first come, first served” basis. My Web Manager cannot guarantee that the Domain Name requested by you is available for registration
My Web Manager does not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else;
By registering a Domain Name, the Customer will obtain the right of usage to the domain name. Continued usage of the Domain Name depends on the Administrator’s policies and the continued payment of the applicable registration fees.
My Web Manager will maintain the Domain Name for you as part of the Service insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry. If we provide the administrative services, you will continue to retain control of your Domain Name.
Any Internet Protocol (IP) address that My Web Manager allocates to you will remain our sole property. We give you a non-exclusive, non-transferable license to use the IP address for the duration of our agreement with you.
All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘pending release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period.
Domain Names are registered for one year, which registration may be renewed. It is your responsibility to ensure that your Domain Name does not lapse.
In order to complete the registration on your behalf, we will request you to provide your business or personal information. My Web Manager will not be held responsible if you provide incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card through PayFast as well as MasterPass. For web hosting plans we will set up your account once payment is received. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renewal in 5 days after deactivation, your account will be suspended. If you will not pay for service renewal within 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy

All services provided by My Web Manager may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless My Web Manager and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all My Web Manager servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Limitation of Liability

My Web Manager shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from My Web Manager servers going off-line or being unavailable for any reason whatsoever. Furthermore, My Web Manager shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of My Web Manager servers. All damages shall be limited to the immediate termination of service.

Disclaimer

My Web Manager cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by My Web Manager are resold. Thus, certain equipment, routing, software, and programming used by My Web Manager are not directly owned or written by My Web Manager. Moreover, My Web Manager holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as My Web Manager sees fit. FURTHERMORE, My Web Manager retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.