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These terms apply to all SheerHosting's ADSL products and Various Packages.
SheerHosting offers a wide range of ADSL products. You can select from various Capped and Uncapped or Shaped and Unshaped ADSL products. For more information on our various products please visit our Website www.sheerhosting.co.za .
Please read the following terms very carefully as they set out your rights and obligations when you subscribe to or use our ADSL Services.
1. Interpretation / Terminology
ADSL (Asymmetric Digital Subscriber Line) Service Terms:
1.1 ADSL line: Subscriber Line;
1.2 ADSL Service: An ADSL service that enables you to send and receive data and email and to access the Internet using a high-speed connection;
1.3 Agreement: the Application Form together with the Terms, subject to which the ADSL Service is provided to you;
1.4 GB: Gigabytes;
1.5 Kbps: Kilobits;
1.6 Meg: Megabyte;
1.7 Telephone Service: enables the Modem or Router to connect your computer to the ADSL Service;
1.8 Unshaped: The first service requested is delivered first as the traffic is not prioritized and channeled in a specific order.
2. Introduction
2.1 By using or subscribing to the ADSL Service you agree that you have read, understand and are bound by all the Terms and Conditions set out by SheerHosting;
2.2 Your use of the ADSL Service indicates your acceptance without modification by you of the Terms, which will constitute a legal agreement between you and SheerHosting.
3. Signing Up
3.1 For your ease, we have summarized our ADSL Service into 2 sections and therefore you have the following options available to you when signing up with SheerHosting:
3.1.1 Option 1 - ADSL (While Using Telkom for Line Rental)
3.1.2 Option 2 - ADSL Including Line Rental
3.2 Data Only: We will provide you with internet access over the SheerHosting network on a month to month basis, for which you will pay us the Service Fee monthly in advance unless otherwise agreed upon in writing by both parties.
3.3 All Inclusive: You pay one bill to SheerHosting for your ADSL Service and ADSL line rental on a month to month in advance of each month.
3.3.1 Please note this does not include the cost of your Telkom Telephone Service.
3.4 ADSL Pre-Requisites: You are required to have an active Telkom Telephone Service in order to make use of the ADSL Service.The ADSL is not available at all locations. If you do not install an ADSL line with us and dake a modem with the installation, yoiu are required to obtainyou own modem. If you select a Data Only Package you also require an ADSL line.
4. Billing
4.1 You will pay the Service Fee to SheerHosting monthly in advance by way of debit order, or such other manner as agreed, on or before the 1st day of each and every calendar month;
4.2 Billing will commence on the Activation Date;
4.3 If you signed up or switched over to this product before the 15th day of that particular month, your first bill will include the full subscription for that month plus the subscription for the following month;
4.4 If you signed up on or after the 15th of the month, your first bill will include half the subscription for the first month and the full subscription for the following month. If you choose a regular capped package, you will receive half the subscription cap at this price.
5. Duration and termination of the Agreement
5.1 This Agreement commences on the Effective Date and will terminate:
5.1.1 Fixed Term Agreement: upon the expiry of the fixed term period from the "Activation Date / Initial Period" on the Application Form, to the end of the Initial Period, the Agreement will automatically renew and will continue on a monthly basis, Known as "the Renewal Period".
5.1.2 You may terminate the Agreement by giving us written notice before the 15th of the month prior to which your service should be terminated. If notice is received on of after the 15th of a month, you will still be billed for the following months service as you last month of service.
5.2 You agree to pay the Service Fee for the remainder of any fixed term, as well as any other amounts due by you to us under this Agreement, in the event of the early termination by you of the Fixed Term Agreement prior to the agreed termination date.
5.3 We reserve the right to suspend the provisioning of the ADSL Service to you in the event of a breach by you of the Agreement, or as a result of your non-payment to SheerHosting .You will, however, under these circumstances be able to be reconnected to the ADSL Service upon payment of a re-activation fee.
5.4 SheerHosting is not bound to notify you of the suspension or termination of the ADSL Service as contemplated above, however we will use reasonable means and endeavors in resolving this issue should it arise.
5.5 You indemnify us against any damage, loss, cost or claim which you may suffer or incur arising from the suspension or termination of the ADSL Service.
6. Disclaimer
6.1 We may use or rely on upstream providers to provide the ADSL Service or certain portions thereof.
6.2 We then provide the ADSL Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.
6.3 We will always try to provide the ADSL Service to the best of our ability.
6.3.1 We provide the ADSL Service "as is" and "as available";
6.3.2 We do not warrant or guarantee that:
6.3.2.1 the ADSL Service is free of errors or interruptions;
6.3.2.2 it is always available;
6.3.2.3 it is secure and reliable;
6.3.2.4 it will conform to your delivery timeline requirements;
6.3.2.5 it is fit for any purpose or;
6.3.2.6 it does not infringe on any third party rights.
6.4 We also do not warrant that we will always be in a position to obtain an ADSL line for you from Telkom, or that Telkom will continue to make the ADSL line used by you available to us for the purposes of this Agreement; or that we will always be in a position to lease ADSL lines to subscribers.
7. Limitation of Liability
7.1 You subscribe to and use the ADSL Service at your own risk.
7.2 We are not liable to you or any third party for, and you indemnify us against, any damages suffered by you or a third party which may arise from your Subscription to or use of the ADSL Service, including (without limitation) any damages suffered by you due to:-
7.2.1 the uncontrollable events or failure to fulfill our obligations as a result, including without limitation upstream provider's neglect, failure or refusal to make, or to continue to make, the ADSL line available to us as well as
7.2.2 any interruption of or error in the ADSL Service; or
7.3. All damages of whatever nature which includes (without limitation)
7.3.1 all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or loss of current or future business whether in contract, dialect or otherwise, direct, indirect, special or consequential, foreseeable or;
7.3.2 not and we were advised of the damages in advance or not
and
7.3.3 any circumstances beyond our reasonable control, including without limitation, an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party' including without limitation, Telkom.
8. Warranty
8.1 In the event that a Modem / Router is provided to you by SheerHosting, it will be subject to a manufacturer's warranty.
8.2 It is your responsibility to make sure that you read and understand the warranty provided on your Modem and/or Router and you hereby indemnify SheerHosting against all costs and any claim whatsoever arising from your failure to comply with the manufacturer's warranty.
8.3 Should SheerHosting, in its sole discretion, exchange any Modem and/or your Router, and the manufacturer then establish that any fault or damage to the Modem and/or Router was caused by you, or is not covered under the warranty, you will be billed for such replacement Modem and/or Router.
9. Termination of Network Operator Agreement
9.1 You agree that if the agreement between SheerHosting and any of its esteemed service providers terminates then SheerHosting may, at its discretion:
9.1.1 terminate the provisioning of the ADSL Service without liability to you;
9.1.2 transfer the provisioning of the ADSL Service to a third party service provider and assign this Agreement to such third party or;
9.1.3 assign this Agreement to the esteemed service provider.
10. ADSL Acceptable Use Policy
10.1 You will only use the ADSL Service for purposes that are lawful, for which it was designed.
10.2 You will not use the ADSL Service, directly or indirectly, in a way that:
10.2.1 is harmful, obscene, discriminatory, defamatory or illegal;
10.2.2 transmits unsolicited bulk messages ("spam");
10.2.3 interferes with any third party's use of the ADSL Service;
10.2.4 spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment;
10.2.5 constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights;
10.2.6 obtains information about or from third parties;
10.2.7 otherwise breaches the Terms or the Agreement.
10.3 We reserve the right to limit the number of emails that you may send in any given
10.4 You may not share your ADSL Services.
10.5 We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of the ADSL Service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.
10.6 You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the ADSL Services, or create an unusually large burden on our network or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or use the ADSL Services in an abusive manner.
10.7 We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers. If the ADSL Service is used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate.
Last Modified: 1 May 2010
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