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Introduction

In addition to the General Terms, these terms and conditions govern the use of the Liquid Binary domain registration and hosting services. By contracting with Liquid Binary for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Domain Registration

Liquid Binary registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Liquid Binary may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

Liquid Binary’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. Liquid Binary will not pay for registration if it is not combined with any of their hosting products.

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. Liquid Binary may post links to these terms and conditions on the Liquid Binary Website purely as a convenience to the Client.

Where Liquid Binary 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. Liquid Binary will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

Liquid Binary will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Liquid Binary 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.

 

Free Domain Registration

Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Liquid Binary for a reasonable period. Liquid Binary reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at Liquid Binary’s sole discretion.

Liquid Binary reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Liquid Binary’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice Liquid Binary’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.

Liquid Binary will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.

Liquid Binary only offers Free Domain registration for “.co.za” domains with new hosting package signups, or Domain Parking offered as a “Free Gift” in ClientZone. Other TLDs or gTLDs are not included in the Free Domain Registration offer. Liquid Binary will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Liquid Binary will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Liquid Binary with the registrar concerned.

Domain Transfer

Liquid Binary will transfer existing (registered) domains from existing hosting providers to Liquid Binary’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Liquid Binary from any disputes regarding ownership of the domain and any claims as a result thereof.

Cancellation

Cancellation will be dealt with as per the General Terms.

Cancellation, by the Client or Liquid Binary, will result in any data being permanently removed from Liquid Binary’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Liquid Binary will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Liquid Binary will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

Payment and Payment Terms

Payment will be dealt with as per the General Terms.

In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

Liability for Registration and Use of Domain Names

Liquid Binary has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client 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.

Liquid Binary reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Liquid Binary will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

The Client indemnifies Liquid Binary by warranting that the use or registration of the Domain Name by a Client 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 Client has the right to use the Domain Name as requested.

Liquid Binary cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Liquid Binary may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Liquid Binary shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Liquid Binary and Liquid Binary will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Liquid Binary until a court or other body with jurisdiction directs otherwise.

Hosting Services

Liquid Binary does NOT provide SMTP mail services by default with shared hosting packages.

Liquid Binary 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.

Liquid Binary 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.

Liquid Binary reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Liquid Binary Server to ensure compliance with this Agreement, Liquid Binary’s AUP, or any applicable laws regulations or codes of practice.

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.

Backups

Clients are solely responsible for backing up their data and Liquid Binary strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Liquid Binary will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Liquid Binary may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, Liquid Binary does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

Clients are ultimately responsible for their own data, and Liquid Binary 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.

Liquid Binary 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 Liquid Binary by instruction from Clients or by Clients themselves.

Liquid Binary 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.

Dedicated Servers

Liquid Binary provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Liquid Binary at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Liquid Binary property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. Liquid Binary, at its discretion, may refuse such requests within reason.

99% Website Uptime Guarantee

Liquid Binary guarantees that its hosting services will attain 99% availability, subject to the following.

The 99% website uptime guarantee is applicable only if the web server on which a Client’s  web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server Liquid Binary hosts is still up, Liquid Binary is not responsible for the Client not being able to reach their website.

Liquid Binary is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.

The 99% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Liquid Binary web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

5The 100% uptime guarantee does not apply if Liquid Binary suspends the Client’s Service as allowed in terms of this Agreement.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to Liquid Binary for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Liquid Binary accepts no responsibility.

Use at Client’s Risk

Liquid Binary will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Liquid Binary network and in no way moderates such content.

Clients expressly agree that use of Liquid Binary’s Server(s) and Services are at the Client’s sole risk.

Spam/Virus Filtering

Liquid Binary 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 Liquid Binary shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Liquid Binary reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

Webmail and other web-based email services made available by Liquid Binary are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Liquid Binary 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 Liquid Binary. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

Limitation on Mail Size

Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each.

Takedown Notice Procedure

17.1In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Liquid Binary to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: takedown@ispa.org.za

Should Liquid Binary receive a takedown notice from ISPA, Liquid Binary will endeavour to:
1. Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.

Retention of Rights

1Liquid Binary makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Liquid Binary and retention of data does not directly or indirectly give ownership of Liquid Binary hardware to Clients.

IP Addresses

Liquid Binary will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at Liquid Binary’s discretion and on a first come first serve basis.

Software Updates

Liquid Binary will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

Liquid Binary will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). Liquid Binary will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered.

Disclaimers, Limitations and Indemnities

Liquid Binary will not be liable for any loss or damage, 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 Client’s selected domain names/s OR ANY ACTION TAKEN BY LIQUID BINARY IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless Liquid Binary against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Liquid Binary has been advised of the possibility of such damages;

Liquid Binary will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Liquid Binary, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Liquid Binary’s 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 Liquid Binary Server service, unless otherwise expressly stated in this Agreement.

Liquid Binary expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Liquid Binary specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Liquid Binary is not responsible if an external company network and firewall is setup to block access to services Liquid Binary provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Liquid Binary provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.

Clients also hereby indemnify Liquid Binary against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Liquid Binary to share or cover such losses or liability, either directly or indirectly. Liquid Binary is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.