iHosts Agreement

iHosts AGREEMENT

This is an Agreement between You - the Customer, and the following companies, which own iHosts .com - Searchmedia , Searchmedia Pty Ltd., a South African company headquartered in Johannesburg. All billing and hosting services are rendered by Searchmedia and Searchmedia Pty Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Contacts' section of this document. For the sake of brevity, Searchmedia and Searchmedia Pty Ltd. will be referred to as 'iHosts ' in this document. This Agreement explicates the terms and conditions that You - the Customer, agree to abide by when signing up for a free account with our company, as well as the responsibilities included in our business partnership and the basis upon which all transactions between You and iHosts will take place. The Effective Date of this agreement shall be considered to be the date on which You - the Customer, completed the signup process of iHosts 's FREE Program. Whereas, iHosts is a fully-operational Internet web hosting and domain registration company; and whereas, the Customer desires to purchase web hosting and/or domain name registration services, as well as any other services or products that may be available from iHosts . Therefore, iHosts and the Customer agree as follows:

1. iHosts 'S SERVICES

iHosts grants the Customer a non-exclusive, non-transferable license to offer its Services worldwide. The Services are subject to iHosts 's Web Hosting Terms of Service. These Web Hosting Terms of Service are an integral part of the Customer Agreement.

2. PERSONAL DATA PROCESSING

As used in this iHosts Agreement, “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For clients who sign up through the Customer store templates, iHosts will act as both the Data Controller and the Data Processor. This will be clearly noted in the Privacy Policy, which will be provided to the client at the moment of registration. In cases where the Customer manually signs up a given customer, be that via the Customer store templates or via the iHosts Control Panel, they must provide that client with all the necessary documentation and legal agreements. iHosts will still assume the roles of both Data Controller and Data Processor regarding the Personal Data associated with the account. For clients who sign up for the services through the API, iHosts will act only as the Data Processor, whereas the Customer will assume the role of the Data Controller. In such cases, the Data Processing Agreement (Appendix A) of the iHosts API Agreement will govern the processing of Personal Data. If You collect Personal Data related to the services provided under this iHosts Agreement, You will provide a clear and conspicuous privacy notice to such individuals that accurately describes what You collect and process, in compliance with the applicable laws. If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by iHosts (including, when necessary, entering into contractual clauses with iHosts ) to ensure that the transfer of the Personal Data meets the Data Protection Laws’ respective requirements.

3. SERVICE BRANDING & MARKETING RIGHTS

If, on the due date iHosts has not received renewal or other fees, you agree that iHosts can try to contact You, but is not obliged to do so, and You agree that iHosts can suspend or terminate the IDP Services as a result of non-payment. iHosts authorizes the Customer to co-brand the Services by using iHosts 's name along with the Customer's PRIVATE BRAND name and logo. Customer store templates - iHosts gives the Customer the possibility to use ready-made turn-key website templates to set up his/her own Customer Store(s). The templates contain customizable areas and can be edited by the Customer to his/her own individual website concept with certain limitations (for example, a limitation on the upload of files - exceeding 250 pixels in height - to the header area of some of the store templates). You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of iHosts . The images are used purely for demonstration purposes and are meant to give the visitor a functional preview of what the theme will look like once content has been added. The images have been licensed for use solely by iHosts and should not be used by anyone else unless a specific permission is sought and obtained from iHosts . You are responsible for adding your own images. Our products are provided "as is" without warranties of any kind (express, implied, etc.). In no event will our juridical person be held liable for any damages (including, but not limited to, direct, indirect, special, incidental or consequential damages) or losses arising out of the use of (or the inability to use) our products. Marketing Rights - iHosts also gives the Customer the right to build his/her own marketing strategies and market his/her products and services according to his/her own individually conceived marketing concept and preferences. The Customer may use any marketing approaches and means of popularizing the Services (forums, blogs, social networks, personal or business websites, printed media, etc.), as long as those do not include any publications contradicting to the common online ethics and allowed online activities, and do not constitute an infringement of any copyrights, or other rights of third parties, or a violation of any applicable law and/or terms or agreements explicated in this document and its coherent policies.

4. CUSTOMER MAILBOX

Each Customer receives a fully-functional mailbox, with the option to create up to 100 different aliases. This mailbox can store up to 5000 e-mail messages. It has a disk space limit of 200 MB. Customers are NOT allowed to send more than 1500 emails per day / 150 emails per hour per Customer account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent). SPAMMING IS PROHIBITED. Users MAY NOT utilize our Services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming"). Spamming is a violation of ethic norms and will be interpreted as an infringement. iHosts will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages. SPAMVERTISING IS PROHIBITED.'Spamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website. If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided. 'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server). 'Unsolicited message' is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following - Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients; - Sending of junk mail; - Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process; - Posting commercial ads to USENET newsgroups that do not permit it; - Posting articles containing binary encoded data to non-binary newsgroups; - Excessive and repeated posting of off-topic messages to newsgroups; - Excessive and repeated cross-posting; - E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive; - E-mailing of age-inappropriate communications or content to anyone under the age of 18.

5. SERVICE PRICING

The Customer acknowledges that all prices, discount rates and transaction fees are subject to change. iHosts will provide its Services to the Customer according to the iHosts 's Wholesale Price Catalog available at our website's web hosting plan pages. Selection of services and setting of retail prices can be done by the Customer from his/her Customer Control Panel.

6. SERVICE PAYMENT

The Customer authorizes iHosts to charge each customer purchasing a service through his/her Store with the exact service price amount (in the currency) designated by the Customer. Fraudulent Transactions - The Customer agrees to hold iHosts unharmed and to indemnify iHosts for transactions processed by iHosts on behalf of the Customer that are fraudulent in nature. Such fraudulent transactions can result from, but are not limited to: misrepresentations during the web hosting and domain registration process, or the use of stolen or misappropriated credit cards. Billing Fees - The Customer agrees to cover partially the billing fees included in the processing of the payments of his/her clients in cases when the Customer is offering a service of iHosts for a retail price over 100% higher than the wholesale price. The amount of the partial billing fees covered by the Customer will be withdrawn from his/her commission. In cases of chargeback or refund iHosts CANNOT refund the billing fees.

7. iHosts WALLET

Each iHosts account has a digital wallet which can be used to facilitate the purchase of services from that account. The following payment methods can be used to top up a iHosts wallet: credit/debit card, PayPal, Skrill, bank wire. iHosts profit payments can also be set to top up the wallet automatically. All wallet top-ups are final and non-refundable. Funds in the iHosts wallet CANNOT be withdrawn or used for purposes other than the purchase of services from a iHosts account.

8. CUSTOMER COMMISSION

The Free iHosts Program gives the Customer an option to earn a monthly commission, the amount of which depends on the sales he/she has made for the period of one month (the month prior to the month of the commission payment release date). The commission amount is calculated per sold single service (hosting plan, domain name, upgrade) on the basis of a simple formula: [retail price - wholesale price = commission due] The due commission represents the net difference between the wholesale cost and the retail cost of all services sold within a month. iHosts deducts no billing fees or customer charges from that amount and sends it as it is to the Customer. The commissions are issued at the beginning of each month. They can be paid in one of the five supported currencies (GBP, USD, AUD, CAD, EUR) and through one of the following payment methods - customer wallet, PayPal, check and bank wire. The minimum amount for payment of the customer commission is $50.00 US. If the Customer chooses bank wire as a payment method, the minimum customer commission will become $500.00 US. Their commission payment will also be reduced by $30 in order to be covered the costs of the wire transfer. Included below is the free iHosts hosting network's commission payment schedule:

9. 2nd TIER AFFILIATE PROGRAM

An affiliate commission of 10% will be added to the Customer's commission from the wholesale price of each hosting account sale made by a Customer (or each purchase of a dedicated server service made by a Customer) referred by you to iHosts through our 2nd Tier Affiliate Program. The 2nd Tier Affiliate Program does not include affiliate commissions for sold domain names. In the event of a refund or a fraudulent sale of the affiliated customer (or dedicated services customer), the 10% affiliate commission for the respective transaction will be deducted from the commission payment of the Customer.

10. 2nd TIER AFFILIATE PROGRAM - ACCEPTABLE USE POLICY

An affiliate account is considered valid only if the given user has landed on iHosts .com after clicking on an affiliate referral link intentionally and the respective iHosts has not committed any misleading actions theretofore. Customers are not allowed to refer family members, or other individuals using the same mailing address or bank details as the Customer's. Customers are not allowed also to refer themselves using different customer accounts and customer account profile information. Second-tier affiliate requests coming from iHosts .com, its subdomains or pertaining sites are considered invalid. iHosts verifies all 2nd Tier account payments. Any account in violation of this provision will not receive commissions and will not be allowed to use iHosts iHosts programs or hosting services.

11. CHARGEBACKS, MONEYBACK & REFUNDS

Chargeback Policy - In the event of a claimed chargeback where no reverse payment procedure can be initiated, the respective customer hosting account will remain suspended and a $30 USD fee will be withdrawn from the commission of the Customer, whose client's account has been the reason for the chargeback (in order to be covered the fees imposed to iHosts from our authorized retailers for the claimed unauthorized transaction). Money Back Guarantee - If a Customer that's purchased web hosting and/or domain name services decides to cancel his/her account, for any reason, within 30 days of the payment date of the account, he/she is entitled to a full refund of the amount charged for his/her web hosting plan service. All domain registration/transfer services, however, are final, do not include money back guarantee. The Customer will be required to deposit a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer before receiving the refund for his/her hosting account. Refunds - If a refund has been requested and completed, the profit for that particular transaction will be deducted from your commission. If the given customer has received his/her refund, however iHosts has already paid you the commission for the transaction, then iHosts will deduct the exact commission amount for that sale of yours from your next month commission payment.

12. CUSTOMER MAILBOX

Each Customer receives a fully-functional mailbox, with the option to create up to 100 different aliases. This mailbox can store up to 5000 e-mail messages. It has a disk space limit of 200 MB. Customers are NOT allowed to send more than 1500 emails per day / 150 emails per hour per Customer account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent).

13. SERVICE EXPIRATION

iHosts may inform the Customer of expirations of services at the e-mail address given in the Customer's account profile. In case that a service is not renewed in due time, iHosts may inform all mailboxes dependant on that service (hosted in the customer's account), in order to secure a trouble-free performance of the Customer's website/domain and related services. The Customer's email address pointed in the 'Contact Us' section of his/her website template will be given as a Service Provider contact. In case that the 'Contact Us' section of his/her website template does not contain an email address for contact, the following mail address will be used: support@duoservers.com.

14. TECHNICAL SUPPORT

iHosts will provide technical support to the Customer and all his/her customers via any of the following support channels: e-mail, live chat, ticketing system or phone. Customers may choose also to provide support to their customers themselves.

15. NOTICES

The Customer agrees that all notices (except for notices concerning breach of this Agreement) from iHosts to the Customer may be posted on our web site - http://iHosts .com. Notices concerning breach of this Agreement will be sent either to the e-mail address that the Customer has provided in his Customer profile or mailed by first class mail to the postal address that the Customer has on file with iHosts In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to iHosts should be made by e-mail sent to the address provided on our web site.

16. PRIVACY

The Customer agrees to abide by the Privacy Policy of iHosts in his/her dealings with customers and others, and to post the Privacy Policy on the Customer's website HOME page. Failure to comply with the Privacy Policy of iHosts will be deemed a breach of this Agreement.

17. RESTRICTION / REFUSAL OF SERVICE

The Customer agrees that iHosts , in its sole discretion and without liability to the Customer, may terminate this Agreement if the Customer is found to be using iHosts 's Services in association with unsolicited commercial e-mail (SPAM) or morally objectionable activities. Morally objectionable activities may include, but are not be limited to: activities that are in nature defamatory, embarrassing, harmful, abusing, threatening, slanderous or harassing third parties; activities prohibited by any applicable law of the United States and/or foreign territories in which the Customer conducts business; activities designed to encourage unlawful behaviour of others, such as hate crime, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. Please, view our Acceptable Use Policy (AUP) for more information on this matter. In the event that iHosts terminates this Agreement for SPAM or any morally objectionable activity described in this document and/or our AUP, no refund payment will be issued to the Customer and/or his customer(s).

18. NO SOLICITATION

The Customer agrees that he/she will NOT approach iHosts 's employees with proposals to hire them as his/her own employees or contractors. If the Customer were to hire any of iHosts 's employees, the Customer agrees to pay iHosts - for each employee hired - the greater amount of a three years salary that the Customer is to pay that employee or $100 000 USD.

19. LIMITED LIABILITY

iHosts shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Customer Agreement, the Domain Name Registration Agreement, and/or any services and products that the Customer may choose to resell, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if iHosts has been notified of the possibility of any claims. iHosts 's liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages. In no event shall iHosts 's maximum liability exceed the total amount paid by the Customer for the Service or the product.

20. CUSTOMER ANNOUNCEMENTS

iHosts agrees to contact the Customer via email or ticketing system in relation to any customer's case that requires a feedback from the Customer and reserves the right to take measures to resolve the case if no response is received by you the Customer within 48 hours of the email/ticket submission.

21. MODIFICATION

This Agreement and its coherent policies (the Web Hosting Terms of Services, the Acceptable Use Policy and the Domain Name Registration Agreement) are subject to change. iHosts reserves its right to modify these policies upon need without prior notice. All such changes will be announced on our website: http://iHosts .com. Therefore, customers are encouraged to periodically review these Terms and Agreements, as well as our news postings, in order to have always up-to-date and applicable policy information.

22. TERMINATION

The Customer may terminate this Agreement and his/her customer account at any point. However, if the Customer has active customer accounts signed up through his/her customer store(s), the Customer needs to send a notice to iHosts 30 days prior to the termination date of his/her account, either by sending a ticket from his/her iHosts Control Panel or by e-mailing to support@iHosts .com. This is requested in order for iHosts to have the opportunity to transfer all active customer accounts of the Customer (all the Customer's customers default in such cases to iHosts ) and ensure that the customers' websites (domains), FTP, private DNS and e-mail services will not suffer an unexpected downtime.

23. ASSIGNMENT

The Customer may not assign its rights or duties under this Agreement to another individual or entity without the expressed written consent of iHosts , which will not be unreasonably withheld. iHosts may assign its rights and obligations under this Agreement without prior notice, as long as the Service continues to operate as outlined in this Agreement.

24. SEVERABILITYY

The provisions of this Agreement are severable. If any part of the Agreement is found to be unenforceable, invalid, or void, then that part will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining provisions of the Agreement will remain in full force and effect.

25. ENTIRETY

This document and its coherent policies (iHosts 's Web Hosting Terms of Service, Acceptable Use Policy and Domain Name Registration Agreement) constitute the entire agreement and contract between the parties mentioned herein (iHosts and the Customer of our Services), and supersedes any and all prior and contemporaneous, oral, or written representations, communication, understandings, and agreements between these parties with respect to the subject matter reviewed herein.

CUSTOMER SERVICE CONTACT DETAILS

Following are the contact details, which the iHosts willing to use the billing system of the provider must display on the site: To contact our Customer Service - please use any of the options listed below:

1. Open a Ticket from the Web Hosting Control Panel (from section Help Center->Open New Ticket

2. Phone or Fax us at

+27 10 006 5029 / Whatsapp: (+27) 61 472 5620

3. E-mail us: info@searchmedia.co.za / enquiry@searchmedia.co.za