Last updated: December 20, 2013
This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Plusfive Systems (Pty) Ltd. ("Plusfive ", "we", or "us"). Plusfive provides the user with access to a website creation and maintenance service (the "Service") directly and through the website and associated domains of http://www.plusfive.co.za and http://www.plusfive.co (the "Site"). This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Service in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site which we may update without notice and encourage you to check out here at any time.
Acceptance of the TOS is absolute and applies to you as an account owner regardless of the number of websites contained within your user account. You, as the Plusfive user, are solely responsible for all websites within your account and for each site's adherence to these Terms of Service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Plusfive assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You understand and agree that the Service may include certain communications from us, including but not limited to service announcements, administrative messages and newsletters, billing invoices, and the like, and that these communications are considered part of your Plusfive subscription and you will not be able to opt out of receiving them.
1. What We Own
All material and services available on the Site, and all material and services provided by or through Plusfive, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Plusfive trademarks and service marks, logos, slogans and taglines are the property of Plusfive. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Plusfive without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.2. Rights to Use What We Own
Subject to this Agreement, Plusfive hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Plusfive ("User ID") to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement. We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement. As part of the Services, we may provide you a sample website which may be populated with sample content provided by us to illustrate how your final site might look ("Sample Content"). You agree that you will not make this Sample Content publicly available and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.3. What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services ("Content"). Plusfive is not responsible for your Content. You hereby grant Plusfive a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.4. Monitoring What You Provide Us
Plusfive may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Plusfive or its customers, or operate the Services properly. Plusfive, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Plusfive may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Plusfive has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Plusfive requests that you place any Content behind password protection and you fail to do so promptly, Plusfive may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.5. Rules and User Conduct
- You must provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data");
- You must maintain and promptly update the Account Billing to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- upload individual files larger than 10MB.
- share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Plusfive.
- attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Plusfive infrastructure.
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Plusfive official or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that is sexually explicit, pornographic, or in other ways could be viewed as "adult" content.
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, national or international law;
- collect or store personal data about other users.
- upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
6. Unlimited bandwidth, disk storage and email addresses
Bandwidth, disk storage and email is unlimited as long as:- it is used as an integral part of your Plusfive site,
- you are not intentionally abusing the service by using excessive bandwidth or disk storage
- you are not intentionally abusing the service by creating an excessive number of email addresses
- you are not impeding our capability to provide other users with the Plusfive service
- you are not attempting to take advantage of the service by distributing large files or hosting torrents or something similar
In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming or limit the number of email addresses created. Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth, disk storage or email address limits.
If, however, you are attempting to take advantage of the service, then we will request that you cease doing so, and furthermore, reserve the right to terminate your account.
7. Fees
- You may agree to a one (1) month or twelve (12) month contract agreement with Plusfive.
- At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Plusfive's support addresses.
- Fees are payable via direct bank debit order (South African bank accounts only) or credit card. Annual payments can be made via Electronic Funds Transfer.
- All Fees exclude any tax (including value added tax and other taxes levied in any jurisdiction), duty (including stamp duty), tariffs, rates, levies and any other governmental charge or expense payable, which will be payable where applicable by Customer in addition to the Fees.
8. Termination
- Services may be terminated by us, without cause, at any time.
- Services may be terminated by you, without cause, via your website manager interface or via Plusfive's support addresses.
- Plusfive may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
- Notice of termination of Services by Plusfive may be sent to the contact e-mail associated with your account. Upon termination, Plusfive has the right to delete all data, files, or other information that is stored in your account.
9. Termination/Exclusion
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Plusfive has no obligation to store, maintain or provide you with a copy of any content that you or other users provide when using the Services.10. International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside.11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLUSFIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUSFIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
