These Terms of Service (the "Agreement") are an agreement between LinuxTech CC t/a DcData ("DcData" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by DcData and of the DcData website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that: If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information required on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. DcData is not responsible for any lapse in the Services, including without limitation, any lapsed Services registrations due to outdated contact information. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the DcData Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Our Transfers Team will make every effort to help you move your services to us. Transfers are provided as a courtesy service and large migrations are available at our standard hourly admin rate. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall DcData be held liable for any lost or missing data or files resulting from a transfer to or from DcData. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "DcData Content"), are the proprietary property of DcData or DcData's licensors. DcData Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any DcData Content. Any use of DcData Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any DcData Content. All rights to use DcData Content that are not expressly granted in this Agreement are reserved by DcData and DcData's licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content uploaded by you or by users of any of your service hosted by DcData. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through your Services. By uploading or distributing User Content on or through the Services, you represent and warrant to DcData that (i) you have all the necessary rights to upload or distribute such User Content, and (ii) your uploading or distribution of such User Content does not infringe or violate the rights of any third party.
DcData reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.
DcData exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through DcData's computers, network hubs and points of presence or the Internet. DcData does not monitor User Content. However, you acknowledge and agree that DcData may, but is not obligated to, immediately take any corrective action in DcData's sole discretion, including without limitation removal of all or a portion of the User Content or User Services, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that DcData shall have no liability due to any corrective action that DcData may take.
Third Party Products and Services
Third Party Providers
DcData may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
DcData does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. DcData is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
DcData as Reseller or Licensor
DcData may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-DcData Products"). DcData shall not be responsible for any changes in the Services that cause any Non-DcData Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-DcData Products, either sold, licensed or provided by DcData to you will not be deemed a breach of DcData’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-DcData Product are limited to those rights extended to you by the manufacturer of such Non-DcData Product. You are entitled to use any Non-DcData Product supplied by DcData only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-DcData Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-DcData Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Compatibility with the Services
You agree to cooperate fully with DcData in connection with DcData’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, DcData is not responsible for any delays due to your failure to timely perform your obligations.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify DcData of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Unless otherwise stipulated, all amounts payable by you to DcData in terms of this agreement are exclusive of VAT and any other statutory levies, taxes and imposts as may be levied thereon from time to time. You shall accordingly be liable for VAT and all rates, taxes, government or statutory levies as may be imposed in respect of the services from time to time.
All invoices must be paid within thirty (30) days of statement. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, DcData may suspend or terminate your account and pursue the collection costs incurred by DcData , including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. DcData will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. DcData may report any such misuse or fraudulent use, as determined in DcData’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have fifteen (15) days to dispute any charge or payment processed by DcData. If you have any questions concerning a charge on your account, contact our accounts department directly for assistance.
You may terminate or cancel the Services by giving DcData written notice on a company letter head to firstname.lastname@example.org, In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." DcData will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation notice, please contact us immediately. We require thirty (30) days notice for cancellations to be done for all services.
It is your responsibility to notify DcData’s accounts department via a support ticket created from support.dcdata.co.za to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
DcData may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm DcData or others or cause DcData or others to incur liability, as determined by DcData in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, DcData shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, DcData may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, ALL DATA WILL BE DELETED.
Permitted CPU and Disk Usage
All use of hosting space provided by DcData is subject to the terms of this Agreement. DcData expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. DcData may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of DcData’s terms and conditions.
DcData reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by DcData.
Limitation of Liability
In no event will DcData its managing members, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Services, or other materials accessed or downloaded through the Services, even if DcData us aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, DcData’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to DcData for the Services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more then one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless DcData, our affiliates, and their respective officers, managing members, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
DcData and User are independent contractors and nothing contained in this Agreement places DcData and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
DcData shall not be responsible for any damages your business may suffer. DcData makes no warranties of any kind, expressed or implied for the Services. DcData disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by DcData or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. DcData’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only as a courtesy and may be modified or terminated at any time at DcData’s sole discretion. DcData is not responsible for files and/or data residing on your account.
Disclosure to Law Enforcement
DcData may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Choice of Law
This Website is controlled, operated and administered by DcData from its offices within the Republic of South Africa. Access to the Services from territories or countries where the Content or purchase of the products sold on the Website is illegal and is prohibited. The User may not use these Services in violation of South African export laws and regulations. If the User accesses these Services from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms of Service shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Pietermaritzburg High Court in the event of any dispute. If any of the provisions of these Terms of Service are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service constitute the entire agreement between the DcData and the User with regard to the use of the Content and this Website.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
DcData may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the DcData website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
DcData reserves the right to modify, change, or discontinue any aspect of the Services at any time.
No failure or delay by you or DcData to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of DcData. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. DcData may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.