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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. Invoices will be generated seven (7) days before the due date and customers will have another seven (7) day after the due date to have accounts paid in full to avoid suspension.
8: Suspended accounts will have a Late Fee 25% of of total invoice amount added to the invoice that need to be paid before the account will be reactivated.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended
19. DeadSet-Tech.com may record the existence of the Applicant’s account with the Credit Bureau.
20. 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.
21. Applicant confirms that all statements made in this application are true and correct. DeadSet-Tech.com reserves the right to request proof thereof.
22. Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of Namibia
23. DeadSet Internet Technologies reserves its rights to change its prices at any time on reasonable notice.
24. All forms of “Deep linking” are prohibited unless written permission is given.
25. DeadSet-Tech.com does NOT provide SMTP mail services by default with any hosting packages.
26. 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.
27. 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.
28. 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.
29. 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.
30: Applicants are solely responsible to maintain websites, applications like Content Management Systems (CMS) and plugins current and up to date to ensure security and integrity. Failure to do so will result in account suspension and/or website removed.
31. 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.
32. 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.
33. Hosting accounts suspended for more then thee (3) months will automatically be removed with no backups of data being kept from the server and you will need to re-apply.
34. 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.
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