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Specific Terms

These Specific Terms are binding on all clients contracted to Media Labz

Specific Terms
These specific terms cover the services offered by Media Labz and form part of the agreement forming the contract between Media Labz and the Client.
1. Domain Registration
1.1. Media Labz registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Media Labz server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Media Labz.
1.2. Media Labz registers domains through approved Domain Registrars. Media Labz may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrars concerned.
1.3. The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them.
1.4. Where Media Labz is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Media Labz will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
1.5. Media Labz will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Media Labz cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
1.6. Some domain names may take up to 30 days to register due to their specific conditions, requirements for information or cost. Media Labz will make every attempt to process domain name registrations as quickly as possible.
1.7. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
1.8. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you. When there is a transfer of ownership the Registrant explicitly authorizes Media Labz to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.
1.9. The following principles apply with regard to Domain Name registrations:
1.9.1. Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
1.9.2. We do 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.
1.9.3. Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
1.9.4. It is important to ensure that the correct person or entity is reflected as the Registrant as Media Labz will only act on the instructions of the Account Owner or anyone authorised to act on the Media Labz account. In certain instances the Registrant might not be the Account Owner.
1.9.5. You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
1.9.6. We will 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.
1.9.7. Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
1.9.8. 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.
1.9.9. Most Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
1.10. 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 R50 (excluding VAT) for co.za domains and R100 (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. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
1.11. You must provide us with all the information that we request from you. We will not be held responsible if you give us 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.
1.12. You warrant that:
1.12.1. You are entitled to register and use the Domain Name or
1.12.2. if you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or
1.12.3. You are not prohibited by law or otherwise from registering the Domain Name and in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
1.13. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. We act as data processor on behalf of the Administrator, who is the data controller, regarding personal data that you give us when you register a Domain Name. You agree that we may share the personal data that we collect in this way with the Administrator. You agree to indemnify and hold harmless us and our sub-processors against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.
1.14. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. You will be required to pay the registration fee to the Registrar.
1.15. Either the Registrant or its agent (as described below) can change Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through the Client Area.
1.16. Media Labz will only act on the instructions of the Account Owner or anyone authorised to act on the account.
1.17. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of will commence. This period has been instituted by the Administrator and cannot be modified by Media Labz. On expiry of the pending update period, the Domain Name information will automatically be updated.
1.18. The Registrant can ask Media Labz to create an account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by Media Labz are met.
1.19. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Media Labz account to which the Domain Name is linked, we will only act, if we receive written instructions to change the name of the Registrant from:
1.19.1. The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
1.19.2. A letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity.
1.19.3. An order of Court in relation to any of the above or
1.19.4. An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
1.20. In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
1.21. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through the Client Area.
1.22. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
1.23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented. The Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
1.24. A Domain Name can be cancelled at any time other than during a grace period.
1.25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
1.26. Once initiated, a period must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
1.27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
1.28. We will send you a renewal reminder by email at least 30 days prior to the renewal date of your Domain Name.
1.29. If you do not want to renew the Domain Name, you must give notice not to renew the Domain Name. This notice must be given at least 30 days prior to the domain name renewal date.
1.30. If you do not give the required notice (this can be done by terminating the domain via the Client Area or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
1.31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
1.31.1. Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
1.31.2. Obtain or allow the suspension, termination, or deletion of the Domain Name or
1.31.3. transfer the Domain Name to another Registrant.
1.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
1.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Terms of Service) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
1.34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
1.34.1. The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.
1.34.2. The Alternate Dispute Resolution Regulations applicable in South Africa and
1.34.3. similar proceedings in other ccTLDs.
1.35. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
1.36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our administration and attorney’s fees).
1.37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked.
2. Hosting Services
2.1. Media Labz does NOT provide SMTP mail services by default with shared hosting packages.
2.2. Media Labz reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
2.3. Media Labz reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.
2.4. Media Labz reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Media Labz Server to ensure compliance with this Agreement, Media Labz’s AUP, or any applicable laws regulations or codes of practice.
2.5. The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.
2.6. Media Labz provides Servers, space on shared Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
2.7. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
2.8. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).
2.9. We have no knowledge of, nor interest in Customer content hosted on your behalf by Media Labz on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
2.10. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.
2.11. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated, that may result from the use of the software). You use the software at your own risk.
2.12. Where appropriate, we will maintain the software on our managed Servers.
2.13. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through the Client Area. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:
2.13.1. All information will not be real time information and there will always be at least one days delay in the furnishing of information and
2.13.2. We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
2.13.3. We are not required to give you further information on traffic usage other than what is reported through the Client Area.
2.14. We are not responsible for any licensing of any software you use.
2.15. For Dedicated Hosting we will make a Server available to you for your own exclusive use. The Server will at all times remain Media Labz’s or its providers’ property. We will setup and manage the Server at the Location on your behalf.
2.16. All Server log files remain Media Labz’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
2.17. You must not remove the Server from a Location.
2.18. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
2.19. If the Server becomes the target or source of any form of denial of service attack and Media Labz believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
2.20. Media Labz will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated that may result from the use of the software). You therefore use the software at your own risk.
2.21. We guarantee that our hosting services will be available 99.99% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
2.22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Hosting Service and is measured according to our monitoring system.
2.23. If network uptime is less than 99.99% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
2.24. You will not receive any credit:
2.24.1. if there is a degradation of the Service outside our control;
2.24.2. during scheduled maintenance windows;
2.24.3. on the happening of a force majeure event;
2.24.4. should a well formed DDoS attack target your server or hosting infrastructure;
2.24.5. where the downtime is due to:
2.24.5.1. Failure of access circuits to our network,
2.24.5.2. domain Name Server issues outside our direct control,
2.24.5.3. DNS propagation,
2.24.5.4. negligent customer acts or omissions; or
2.24.5.5. outages elsewhere on the Internet that hinder access to your hosting services.
2.24.6. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
2.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at billing@medialabz.co.za. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycle. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
2.26. You will manage the operating system and all software on the Server. Media Labz will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware.
2.27. The client may not have access to any physical servers or the property on which they are located.
3. Flexxi Hosting
3.1. Media Labz reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any environment which Media Labz deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
3.2. Media Labz also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
3.3. Media Labz may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.
3.4. Media Labz reserves the right to move a Cloud environment between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.
4. Email
4.1. We will provide the following email related Services for Customers selecting shared or Flexxi hosting only:
4.1.1. Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
4.1.2. Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
4.1.3. An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
4.1.4. A POP3 (post office protocol) server for the downloading of incoming mail.
4.1.5. IMAP (internet message across protocol) Server for the reading of mail.
4.2. We will take appropriate and reasonable measures to make your email environment secure and reliable.
4.3. We will:
4.3.1. Do our best to support the setup and configuration and
4.3.2. not be held responsible if there is any incompatibility between our Systems and any other third party application.
4.4. The limit of 500 emails sent per hour must not be exceeded. The dispatch of mass emails/newsletters via email accounts of the web hosting account or via the website of the web hosting account is not permitted. The dispatch of unsolicited advertising is forbidden. Media Labz are entitled to block client accounts which do not comply immediately.
4.5. Webmail and other web-based email services made available by Media Labz are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Media Labz shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Media Labz. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
4.6. Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 20000kB in size each.
4.7. Media Labz provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Media Labz shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
4.8. Media Labz reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
5. Backups
5.1. Clients are solely responsible for backing up their data and Media Labz strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Media Labz will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
5.2. Media Labz may, in some instances, offer a separate backup service in conjunction with hosting, and will make such backups available to Clients on request as and when they are available. However, Media Labz does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
5.3. Clients are ultimately responsible for their own data, and Media Labz strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
5.4. Media Labz also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by Media Labz by instruction from Clients or by Clients themselves.
5.5. Media Labz will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.