Web Hosting Terms and Conditions

This is an agreement between you and Airscendd, ‘vendor,’ regarding your use of ’vendor’s’ computers, interactive information, communication, and server management service. This Agreement governs the terms and conditions under which ’vendor’ makes the services offered by ’vendor’ available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with ’vendor’s’ web hosting or similar services. Under this Agreement, you must comply with ’vendor’s’ then-current “Acceptable Use Policy,” as updated from time to time by ’vendor’.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Free Hosting Promotional Campaign Services Agreements

1. Airscendd has set out to open its hosting services to the masses for the duration of the 2022 fiscal year. 
2. The promotion which is open to the masses is governed by this agreement, “Web Hosting Terms and Conditions” in its entirety. So it is recommended to ensure a careful read-through and understanding.
3. Beginning from the date of the signing of each account, all registered accounts will expire on the same date on the 28th of February 2023.  
4. Before the expiry date, Airscendd will ensure all account holders are notified of this at least 2 months before for the sake of preparation.
5. To ensure that the domain remains operational, each account is obligated to pay a minimum renewal hosting fee of $6.7 pm charged annually at $80.4.
6. In signing and benefiting from this promotional campaign, the account holder is only eligible to migrate their domain/s to another registrar 24 months after the end of the promotional period.
7. Each account is eligible to have more than one domain hosted under this promotional period. 
8. If your account is going to have more than two domains attached to it, we recommend that you take advantage of our “bulk of three or more,” option which allows you to host 3 websites but only pay a $4.3 renewal fee for each domain charged annually.
9. Under this option, if you wish to host more numerous websites, our sales and accounting team will draw up a plan specially tailored to your needs.

General Web Hosting Terms and Conditions

1. At the time of registration, Airscendd may not require you to provide your credit card information for automatic billing. However, we will notify you via email during the promotional period to do so.
2. Automatic billing will remain optional during the promotional period. We will also give you a little more time even after the promotional period.
3. If signed up for automatic billing, Airscendd will automatically debit your account once annually for the hosting renewal depending upon the registration date of each domain. 
4. For those not signed up for automatic renewal/billing, the Airscendd accounting department will send an electronic invoice to relevant parties, which are required to be settled within the specified time.
5. The electronic invoicing option will only be available for a brief period due to administrative complications. Everybody who wishes to host with us will eventually be required to opt for automatic renewals/billing.

1. ’Vendor’ will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder’s chosen domain name, for the period (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term unless terminated. We require notification of non-renewal with at least 30 days’ notice but not more than 60 days before the renewal date. You must have all account information to cancel and send your notification via email to support@airscendd.com If you do not provide this notice, you will be charged for the next term’s rate. There are no refunds on a la carte services.

2. Vendor reserves the right to cancel services at any time. In such an event, you will be notified of the cancellation and when possible allowed 30 days after notice to move service to another provider. ’vendor’ reserves the right to waive outstanding amounts on the account.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by ’vendor’, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of ’vendor’ based upon the severity of the violation. ’vendor’ reserves the right to refuse service if any of the content within or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of ’vendors’ then current Acceptable Use Policy, in the sole and absolute opinion of ’vendor’. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless ’vendor’ from any claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by ’vendor’, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.

4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that ’vendor’ reserves the right to change the specified rates and charges from time to time.  5. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. ’vendor’ will not change passwords to any account without proof of identification, which is satisfactory to ’vendor’, which may include written authorization with signature. In the event of any partnership break-up, divorce, or other legal problems that includes Account Holder, the Account Holder understands that ’vendor’ will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will ’vendor’ be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless ’vendor’ from any claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement. 

6. The Account Holder agrees not to harm ’vendor’, its reputation, computer systems, programming, and/or other persons using ’vendors’ services. ’vendor’ reserves the right to select the server for the Account Holder’s website for best performance. The Account Holder understands that the services provided by the vendor are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers and will need to relocate the website. The vendor will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then ’vendor’ has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless ’vendor’ and any other Account Holder from any Claims resulting from the Account Holder’s use of the services provided by ’vendor’ The terms of this Section will survive any termination of this Agreement. 

7. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of ’vendor’. 
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. ’vendor’ has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then-current ’service providers’ Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by ’vendor’, ’vendor’ may terminate the services being provided to the Account Holder. 

9. ’vendor’ will use its best efforts to maintain a full-time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall ’vendor’ be liable to the Account Holder for any damages resulting from or related to any failure or delay of ’vendor’ in providing access to the Internet under this Agreement. In no event shall ’vendor’ be liable to the Account Holder for any indirect, special, or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of ’vendor’ under this Agreement, if any, shall in no event or circumstance exceed the total amount paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement. 

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person and for ensuring full compliance with this Agreement by all users of that account. A ’account holder’s ‘ account may not be transferred without prior written approval from ’vendor’. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of ’vendor’ services, including any damages resulting therefrom, until the Account Holder notifies ’vendors’ customer service.

11. If ’vendor assigns the Account Holder an Internet Protocol address in connection with the Account Holder’s use of the ’vendor’s services, the right to use that Internet Protocol address will remain with and belong only to ’vendor’, and the Account Holder will have no right to use that Internet Protocol address except as allowed by ’vendor’ in its sole and absolute discretion. 

12. This Agreement constitutes the entire agreement between the Account Holder and ’vendor’ concerning the ’vendor’ services and supersedes all prior agreements between the Account Holder and ’vendor’. ’vendors’ failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. If a portion of this Agreement is held unenforceable, the unenforceable portion will be construed following applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement. 

13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. The arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14. The Account Holder agrees to indemnify and hold ’vendor’ harmless from any Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and ’vendor’ will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted under this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement. 

15. Vendor may include the Account Holder’s name and contact information in directories of ’vendors’ service subscribers to promote the use of the services by additional potential clients. However, ’vendor’ is not authorized to print the Account Holder’s name, trademarks, or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder. 

16. The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the Account Holder’s use of ’vendor’ services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement. 

17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed. 

18. Because the Internet is a global communication tool, and our services are open to countries all over the world, it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult-related material. This being said, there are still several reasons why ’vendor’ has been forced to create its no adult sites policy for its virtual server users.

19. Account holders can receive a refund if an account is canceled within the initial 30 days after signing up. If the account holder cancels after the period specified, there will be no refund given.

20. Once your account has exceeded its allotted resource limits (such as, but not limited to bandwidth or disk space) additional fees will be applied. Full responsibility for any excess resources generated by an account is assumed by the account holder. Temporary closure of accounts after resource exhaustion will not be applied automatically unless specified by the account holder.

NB: please view our ’hosting package’ pages within our website for current pricing and general information regarding this.

21. If an account holder’s account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

22. If an account holder charges back for services rendered, a R200 chargeback fee will be added to the amount charged back by the customer.

23. If an account holder’s account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a R200 collection fee added to the balance previously due. 

24. All accounts are subject to verification.

25. You agree that ’vendor’ may establish limits concerning the use of any of ’vendor’ services offered on any of ’vendor’s websites, including without limitation the maximum number of days that e-mail messages will be retained by any of ’vendor’s services, the maximum number of e-mail messages that may be sent from or received by an account on any of ’vendor’s services, the maximum size of an e-mail message that may be sent from or received by an account on any of ’vendor’s services, the maximum disk space that will be allotted on ’vendors’ servers on your behalf either cumulatively or for any particular service. You agree that ’vendor’ has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any of ’vendor’ services. You acknowledge that the features, parameters (for example, the amount of storage available to users), or the existence of any of ’vendor’ services may change at any time.

26. In the event of 30 days of non-payment, you agree to the vendor’s right to place a “non-payment” page on your domain. Furthermore, you agree that the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by ’vendor’.

27. ‘Vendor’ may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

28. The responsibility of all passwords and other related sensitive information is assumed by the account holder, should any additional fees arise from resource consumption due to poor credentials (such as but not limited to blank passwords or “test” accounts) no fault shall be levied on ’vendor’.

29. Limitation of liability – You agree that our entire liability, and your exclusive remedy, concerning any Services(s) provided under this Agreement and any breach of this Agreement, is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed two thousand (R2000) rand.

30. Traffic Overage Disputes – Should you wish to dispute a traffic overage charge you may do so by requesting an overage investigation, however, should the traffic usage be accurate within a 5% margin a once-off charge of R150 per domain/server will be applied to the corresponding account.

What does ’vendor’ consider “Adult Material?”

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women. 
• Photos or videos showing graphic violence or death.
• Revenue-generating hyperlinks to sites that violate policy #1. 

Why does ’vendor’ have this policy?

Bandwidth and Resources

A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high-traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option. 

’vendor’ reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.