3.1 Planet Margate abides by and upholds the ISPA Code of Conduct.

 

3.2 Planet Margate provides Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

 

3.3 Planet Margate will only be required to provide the Customer with the Server type and configuration that is advertised by Planet Margate at the time the Customer decides to procure the Service from Planet Margate. If an existing Customer wishes to upgrade to a new Server, Planet Margate may charge the Customer an additional setup fee.

 

3.4 Planet Margate will use its reasonable endeavours to verify the identity of a Customer’s representative wanting to access the Customer’s Server at the Location, However, Planet Margate will not be liable for any loss or damage suffered by the Customer (whether direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage) if a person is not authorized by the Customer to access the Customer’s Server at the Location. The Customer must notify Planet Margate in writing of its representatives who are entitled to access.

 

3.5 The Customer must not:

3.6 If Planet Margate, in its sole and unfettered discretion, determines that the Customer has breached any of 3.5.1 to 3.5.7 above, Planet Margate may exercise any rights it may have available to it in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services.

 

3.7 Planet Margate has no knowledge of, nor interest in Customer content hosted by Planet Margate or published by Planet Margate on the Customer's behalf on a Server or a shared hosting account and further that Planet Margate does not in any way contribute or approve the content.

 

3.8 Nothing that Planet Margate does in the performance of its obligations under the Service will be construed as an assumption of responsibility or liability by Planet Margate arising from or in connection with any content. In particular, the limitation of liability in the General Terms will apply specifically to any loss, destruction, or corruption of the Customer's data, irrespective of the cause, including Planet Margate's negligence and any system error or failure, whether foreseen or unforeseen.

 

3.9 Planet Margate will make an account available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain the property of Planet Margate. Planet Margate will setup, as per the standard managed hosting server configuration, the Server at the Location on behalf of the Customer. Planet Margate will not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.9 that may result from the use of the software). The software is accordingly used by the Customer at its own risk.

 

3.10 In this environment, a Customer may impact negatively on another Customer at times. If Planet Margate deems a Customer's actions or activity on the Customer's account to be negatively affecting another Customer, Planet Margate reserves the right to relocate or disable the account without any prior notice. If the account is found to be in violation of Planet Margate's Acceptable Use Policy, it may result in termination of the account if the Customer does not take corrective measures.

 

3.11 Where appropriate, Planet Margate will in its sole discretion, maintain the software on its managed servers.

 

3.12 The Customer will remain solely responsible for all bandwidth and traffic related to his hosting account. The Customer will be liable for any over-usage charges. Any traffic management and reporting tools provided by Planet Margate are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any responsibility on Planet Margate. If the Customer elects to make use of any traffic management and reporting tools:

 

3.13 Planet Margate is not responsible for any licensing of any software used by the Customer.

 

3.14 Planet Margate will make a Server available to the Customer for its own exclusive use. The Server will at all times remain the property of Planet Margate. Planet Margate will setup and manage the Server at the Location on behalf of the Customer.

 

3.15 All server log files remain the property of Planet Margate. If the Customer requests to be furnished with a server log file, a copy of the relevant log file will be provided to the Customer.

 

3.16 The Customer must not remove the Server from a Location

 

3.17 Planet Margate will manage the Server, including the hardware, software, and upgrades at Planet Margate's sole discretion.

 

3.18 Clause 3.12 will also apply to these Services

 

3.19 If the Server becomes the target or source of any form of denial of service attack and Planet Margate believes that there is no other possible solution at that point in time, Planet Margate reserves the right to disconnect the Server from the network.

 

3.20 Planet Margate will not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.16 that may result from the use of the software). The software is accordingly used by the Customer at its own risk.

 

3.21 Planet Margate is not responsible for any licensing of any software used by the Customer.

 

3.22 Planet Margate guarantees that its network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that the Customer should not experience network downtime of more than 43 minutes in any month counted from the first day of every month. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling. Network downtime exists when a Customer is unable to transmit and receive data to and from Planet Margate's Managed Service and is measured according to Planet Margate's monitoring system.

 

3.23 If network uptime is less than 99.9% (i.e. downtime exceeds 43 minutes in a given month), Planet Margate will credit the Customer 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of the Customers' monthly fee for the affected hosting account or server).

 

3.24 The Customer will not receive any credit:

 

3.25 If the Customer wishes to exercise its right, the Customer must request it by sending an e-mail to Planet Margate at billing@planetmargate.co.za. The e-mail must include the domain or server name associated with the Customer's account in the "subject" line. Each request must include the Customer's account number as well as the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once Planet Margate confirms the network unavailability according to its monitoring system, will the credits be supplied to the Customer within two billing cycles after Planet Margate's receipt of the requests, in accordance with Planet Margate's Refund Policy. Despite anything to the contrary, the total amount credited to the Customer in a particular month will not exceed the total hosting fee paid by the Customer for the month in question.