| DeadSet-Tech.com Hosting Services
(hereafter referred to as "DeadSet Internet Technologies")
registers Domains on the Internet through the relevant governing bodies
and Hosts Web-sites and related material on the DeadSet Internet
Technologies server(s) on behalf of Applicants (hereafter referred to as
"Applicant"). These terms and conditions apply to the use and
registration of Domain names and the Web Hosting services offered by
DeadSet Internet Technologies.
The Domain Name / Hosting Applicant hereby:
1. Acknowledges that DeadSet Internet Technologies has not and does not
conduct pre-registrability searches in respect of the Applicants use and
registration of its selected Domain Name/s and is therefore not obliged
to either advise the Domain Name Applicant about possible conflicting
third party rights or to take steps to ensure against possible disputes
concerning a third party's intellectual property or other rights; and
2. Confirms that the use or registration of the Domain Name by Applicant
does not interfere with nor infringe the rights of any third party in
any jurisdiction with respect to trademark, service mark, tradename,
company name, close corporation name, copyright nor any other
intellectual property right, and that Applicant has the right to use the
Domain Name as requested;
3. acknowledges and agrees that DeadSet Internet Technologies cannot act
as an arbiter of disputes arising out of the registration and use of
Domain Names. At the same time, Applicant acknowledges that DeadSet
Internet Technologies may be presented with evidence that a Domain Name
registered by Applicant violates the rights of a third party. In such
instance DeadSet Internet Technologies shall be allowed to provide a
complainant with Applicant's name and address and all further
communication will exclude DeadSet Internet Technologies and DeadSet
Internet Technologies will have no further obligations to the Applicant.
In such instance Applicant shall be entitled to continue using the
Domain Name registered for Applicant by DeadSet Internet Technologies
until a court directs otherwise.
4. acknowledges that DeadSet Internet Technologies will not be liable
for any loss of use, interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost
profits), regardless of the form of action, whether in contract, delict,
or otherwise which may be suffered as a result of or which may be
attributable, directly or indirectly, to the use and/or registration of
the Applicant’s selected domain names/s.
5. accordingly indemnifies DeadSet Internet Technologies against any
loss whatsoever arising from any dispute or claim occasioned by the
Applicant’s use and registration of its selected Domain Name, even if
DeadSet Internet Technologies has been advised of the possibility of
such damages.
6. Initial Set-up fees are non-refundable. Domain Name Registration fees
constitute a once-off payment subject to certain renewal charges.
7. DeadSet Internet Technologies will exercise no control whatsoever
over the content of the material hosted on, or the information passing
through the DeadSet Internet Technologies network.
8. DeadSet Internet Technologies makes no warranties or representations
of any kind, whether express or implied as to the service it is
providing. DeadSet Internet Technologies also disclaims any warranty of
merchantability or fitness for any particular purpose and will not be
responsible for any damages that may be suffered by the Applicant,
including loss of data resulting from delays, non-deliveries or service
interruptions or from any cause whatsoever, or errors or omissions on
the part of the Applicant. Use of any information obtained through
DeadSet Internet Technologies is at the Applicant's own risk, and
DeadSet Internet Technologies specifically denies any responsibility for
the accuracy or quality of information obtained through its services.
Any reference to Connection speed represents the speed of a connection
to, and does not represent guarantees of available end to end bandwidth.
9. DeadSet Internet Technologies expressly limits its damages to the
Applicant for any non-accessibility time or other down time to the
pro-rata monthly charge during the system unavailability. DeadSet
Internet Technologies specifically denies any responsibilities for any
damages arising as a consequence of such unavailability.
10. Applicant expressly agrees that use of DeadSet Internet Technologies
Server(s) and Services are at Applicant's sole risk. Neither DeadSet
Internet Technologies, its employees, affiliates, agents, third party
information providers, merchants, licensers or the like, warrant that
DeadSet Internet Technologies Server service will not be interrupted or
error free; nor do they make any warranty as to the results that may be
obtained from the use of the Server service or as to the accuracy,
reliability or content of any information service or merchandise
contained in or provided through the DeadSet Internet Technologies
Server service, unless otherwise expressly stated in this Agreement.
11. DeadSet Internet Technologies does not host any materials which are
deemed to be offensive or illegal. This includes Pirated software, Adult
/ Sex-related sites, Pornography and sex-related merchandising,
Violations of Copyrights, 419 Scams, Hacker programs or archives, Warez
sites, IRC servers, IRC bots and Hate propaganda.
12. DeadSet Internet Technologies reserves the right to host any
materials and may, at its option and at any time, reject this material,
including but not limited to any time after it has been put on DeadSet
Internet Technologies server(s). DeadSet Internet Technologies agrees to
notify Applicant immediately of its refusal of the material and afford
Applicant the opportunity to amend or modify the material to satisfy the
needs and/or requirements of DeadSet Internet Technologies. If the
Applicant fails to modify the material, as directed by DeadSet Internet
Technologies, within a reasonable period of time, which shall be
determined between the parties themselves, the Agreement shall be deemed
to be terminated.
13. Individual mail sent to the applicant's Pop3 box or forwarded to the
applicant's existing email address may be limited to 3000k in size each.
14. Applicant or its Agent certifies that he/she is above the age of 18
years, has full contractual capacity and is duly authorised by the
Applicant to contract on Applicant's behalf.
15. A cancellation request in respect of any Domain registration or Web
Hosting service must be furnished in writing or fax to DeadSet Internet
Technologies one calendar month (30 days) before the date of ceasing the
service. The cancellation request must be on a company letterhead and
must specify the hosting account/s which are being cancelled.
16. In the case of a website being suspended due to non-payment a
reconnection fee of N$75.00 will be payable before the website is
unsuspended
17. DeadSet-Tech.com may record the existence of the Applicant's account
with the Credit Bureau.
18. DeadSet-Tech.com may record and transmit details of how the
Applicant has performed to a Credit Bureau, and how the account is
conducted by the Applicant in meeting their obligations on the account.
19. Applicant confirms that all statements made in this application are
true and correct. DeadSet-Tech.com reserves the right to request proof
thereof.
20. Any disputes arising in relation to this application or the
supporting documents shall be governed by the applicable laws of Namibia
21. DeadSet Internet Technologies reserves its rights to change its
prices at any time on reasonable notice.
22. All forms of "Deep linking" are prohibited unless written permission
is given.
23. DeadSet-Tech.com does NOT provide SMTP mail services by default with
any hosting packages.
24. DeadSet-Tech.com reserves the right to suggest suitable alternatives
to the client and / or charge for excessive traffic as it deems
necessary at its sole discretion.
25. DeadSet Internet Technologies reserves the right (but does not
assume any obligation) to inspect the contents of data that the
Subscriber transmits, receives or stores on an DeadSet Internet
Technologies Server to ensure compliance with this Agreement or any
applicable laws regulations or codes of practice. DeadSet Internet
Technologies also reserves the right to disclose the contents of data
that the Subscriber transmits, receives or stores on DeadSet Internet
Technologies servers to the police or other law enforcement authorities.
26. Applicant confirms that they will not use any of the DeadSet-Tech.com
servers for any form of bulk emailing without the express written
permission of the Directors of DeadSet-Tech.com.
27. DeadSet-Tech.com has zero tolerance for the use of their servers for
the sending of unsolicited email or Spam. If an applicant spams in any
way shape or form their website will immediately be suspended and
punitive action will be taken.
28. Should Applicant Breach of any of the terms and conditions contained
herein, including but not specifically limited to the payment terms,
DeadSet Internet Technologies has the right (solely at DeadSet Internet
Technologies discretion) to immediately demand payment of the full
amount owing and demand compliance forthwith with all the terms and
conditions, alternatively to terminate the agreement and services
forthwith, in either instance without in any way derogating from any
common law, contractual and / or delictual rights which DeadSet Internet
Technologies may have.
29. The Applicant acknowledges that the terms and conditions hereof may
not be varied or cancelled except in writing and signed by DeadSet
Internet Technologies and the Applicant.
30. In the event that any of the terms of this document are found to be
invalid, unlawful or unenforceable, such terms will be severable from
the remaining terms, which will continue to be valid and enforceable. |