Hosting


1. Introduction

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

1.2. Hosting services refer to the following: Linux Shared Hosting, Email Only Hosting, WordPress Hosting, Windows Shared Hosting, and Cloud Servers.

2. Domain Registration

2.1 Grunter Services registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Grunter Services 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 Grunter Services.

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

2.3 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. Grunter Services may post links to these terms and conditions on the Grunter Services Website purely as a convenience to the Client.

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

2.5 Grunter Services will strive to ensure that registration and subsequent DNS propagation are affected in the shortest period. However, Grunter Services 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.

3. Domain Registration

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 Grunter Services will not enter 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 affected before any such renewal is actioned by Grunter Services with the registrar concerned.

4. Domain Renewal

4.1 Grunter Services will register a domain for a specified period (generally one year)

4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain, is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify Grunter Services of the failure.

4.3 Grunter Services will endeavour to send a courtesy reminder to the Client, such as an SMS, or email. Such reminders in no way transfer responsibility to Grunter Services for ensuring that the domain is renewed.

4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.

4.5 Clients registering domains must take note of the registration date and ensure that renewal is affected.

5. Domain Transfer

5.1 Grunter Services will transfer existing (registered) domains from existing hosting providers to Grunter Services’ 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 Grunter Services from any disputes regarding ownership of the domain and any claims as a result thereof.

5.2 On application and payment for the transfer of a hosting service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Grunter Services is accepted and to advise Grunter Services of any delays. The client will be billed for the reserved hosting space regardless of whether the domain is transferred or not unless cancelled.

6. Cancellation

6.1 The service is a monthly billed service which will continue on a month-to-month basis until cancelled. Cancellations require a calendar month’s notice and must be submitted via the Control Panel (Purchases on Promotion may carry additional T’s & C’s).

6.2 Cancellation, by the Client or Grunter Services, will result in any data being permanently removed from Grunter Services’ 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. Grunter Services 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 Grunter Services will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

7. Liability for Registration and Use of Domain Names

7.1 Grunter Services 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.

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

7.3 These form a regulatory requirement by the registrar, and there is a Service Agreement requirement to the Client.

7.4 The Client indemnifies Grunter Services 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.

7.5 Grunter Services cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Grunter Services may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Grunter Services shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Grunter Services and Grunter Services 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 Grunter Services until a court or other body with jurisdiction directs otherwise.

8. Registrant Contact Details for co.za, net.za, web.za and org.za

The ZACR policy indicates that the registrant’s contact details have to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.

8.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and

8.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.

9. Hosting Services

9.1 Grunter Services does NOT guarantee SMTP mail relay services by default with shared hosting packages. This is provided merely as a value-added extra.

9.2 Grunter Services 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.

9.3 Grunter Services 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.

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

9.5 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.

10. Backups

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

10.2 Clients are ultimately responsible for their own data, and Grunter Services 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.

10.3 Grunter Services 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 Grunter Services by instruction from Clients or by Clients themselves.

10.4 Grunter Services 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.

10.5 Grunter Services endeavours to keep a backup of the domain, the backup is of the last 3 days’ content only. Whilst we endeavour to keep a backup of the last 3 days’ content this can in no way be guaranteed, it is the client/site owners’ responsibility to keep a local backup of their site/s at all times. Grunter Services will in no way be held responsible for any loss of content whatsoever.

11. Cloud Hosting

11.1 Grunter Services reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud-hosted Clients. Any virtual machine that Grunter Services deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

11.2 Grunter Services deploys all new Cloud Servers with Hyper V tools (VMadditions, LIS) pre-loaded. VMadditions are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and the efficiency of the core controllers i.e., affecting other clients’ virtual servers.

11.3 Grunter Services strictly forbids the creation of nested VMs or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of Grunter Services’ AUP and Terms & Conditions (contrary to the intended use of the product).

11.4 Grunter Services 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.

11.5 Grunter Services may also, at its discretion, restrict the server to limited IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment.

11.6 Grunter Services reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

12. Use at Client’s Risk

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

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

13. Spam/Virus Filtering

13.1 Grunter Services 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 Grunter Services shall without limitation have no responsibility for or liability in respect of any data lost because of this system.

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

14. Webmail

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

15. Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”), the Internet Service Providers’ Association (ISPA) can instruct Grunter Services 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 Grunter Services receive a takedown notice from ISPA, Grunter Services 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.

16. Software Updates

Grunter Services will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

17. Disclaimers, Limitations, and Indemnities

17.1 Grunter Services 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 GRUNTER SERVICES IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

17.2 The Client hereby indemnifies and holds harmless Grunter Services 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 Grunter Services has been advised of the possibility of such damages.

17.3 Grunter Services 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.

17.4 Neither Grunter Services, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that Grunter Services’ 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 Grunter Services Server service, unless otherwise expressly stated in this Agreement.

17.5 Grunter Services expressly limits its liability to the Client for damages suffered due to any non-accessibility time or another downtime to the pro-rata monthly charge during the system unavailability. Grunter Services specifically denies any responsibility for any damages arising because of such unavailability.

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

17.7 Clients also hereby indemnify Grunter Services 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 Grunter Services to share or cover such losses or liability, either directly or indirectly. Grunter Services is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.