Terms and Conditions

Last Updated: August 19, 2019

Welcome to the Internet sites of EDZNET and its subsidiaries ("EDZNET"). "EDZNET Sites" include edznet.com, edznet.io, edznet.co.za and other Internet sites on which these Terms of Use are posted. EDZNET is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY EDZNET SITE. By using any EDZNET Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the EDZNET Sites.

Note that special terms might apply to some services or features offered on certain EDZNET Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

EDZNET may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use. Your continued use of the EDZNET Sites after a modification signifies your agreement to the modification.

Use of Content

The content contained on EDZNET Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in South Africa and foreign countries, and is owned or controlled by EDZNET or by third parties that have licensed their Content to EDZNET. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a EDZNET Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of EDZNET, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of EDZNET, "mirror" on any other server any material contained on any EDZNET Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of EDZNET. The trademarks, logos and service marks (the "Marks") displayed on the EDZNET Sites are owned by EDZNET or third parties. You are prohibited from use of those Marks without the express, written permission of EDZNET or such third party. If you would like information about obtaining EDZNET's permission to use the Content on your Web site, e-mail webmaster@edznet.io.

In the event that we offer downloads of software on a EDZNET Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home or licensed commercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, EDZNET HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, USE FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

EDZNET SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, EDZNET'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Public Forums and Communication

"Public Forum" means an area, site or feature offered as part of any EDZNET Site that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more EDZNET Site users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, EDZNET or any other third party. You may be held legally responsible for damages suffered by other users, EDZNET or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to a EDZNET Site. EDZNET is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through any EDZNET Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any EDZNET Site, you automatically grant, or warrant that the owner of such material has expressly granted, EDZNET the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant EDZNET the right to edit, copy, publish and distribute any material you make available on any EDZNET Site.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any EDZNET Site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any EDZNET Site that:

  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  • is bigoted, hateful, or racially or otherwise offensive;
  • is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  • is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the EDZNET Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the EDZNET Sites;
    • (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
    • is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any EDZNET Site that violates these Terms of Use (including the Rules of Conduct).

Accounts

Some services on the EDZNET Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at security@edznet.io of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any EDZNET Site.

We may suspend or terminate your account and your ability to use any EDZNET Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

EDZNET's Liability

EDZNET makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the EDZNET Sites and the Content. Any use of the EDZNET Sites and the Content is at your own risk. Changes are periodically made to EDZNET Sites and may be made at any time. Some Content on the EDZNET Sites may be provided by third parties and EDZNET will not be held responsible for any such Content provided by third parties.

EDZNET DOES NOT WARRANT THAT THE EDZNET SITES WILL OPERATE ERROR-FREE OR THAT THE EDZNET SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE EDZNET SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, EDZNET WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE EDZNET SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EDZNET, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the EDZNET Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the EDZNET Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the EDZNET Sites. IN NO EVENT WILL EDZNET OR ANY THIRD PARTIES MENTIONED AT THE EDZNET SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE EDZNET SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EDZNET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The EDZNET Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by EDZNET of the contents on such third-party Web sites. EDZNET is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Third-party Applications

On EDZNET Sites you might have an opportunity to download applications that were developed by third-parties. EDZNET is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless EDZNET, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of EDZNET.

Export Control

South Africa and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

EDZNET respects the intellectual property rights of others. It is EDZNET's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to EDZNET, please submit a notification to us by providing the following information in writing (Digital Millennium Copyright Act ("DMCA") may take affect for content and hosted services in the United Sates of America):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your a DMCA/copyright infringement notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications if applicable.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email: copyright@edznet.io

By Mail:
Copyright Designated Agent
Attn: Legal Department
EDZNET
PO BOX 807
Gonubie, RSA, 5256

Hosting Internet Services: Additional Terms and Conditions of Use

General Terms

If the security of the power supply network or the maintenance of network integrity is at stake, we can temporarily restrict access to the service as required.

The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.

Technical support services are not included in the self managed offers. All self-managed services are self-managed by the customer.

Data integrity

The hosting servers will be backed up regularly by us, as part of the offer. In the case of data loss not involved by us, the customer can restore data by ordering a backup restoration service, a one time fee may apply.

Shared Hosting: Backups are taken daily at midnight (SAST) and can be restored upon request, although customers are encouraged to have their own backups as well.

The customer will receive a unique password for security purposes. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they must inform us immediately. In suspicious cases, the client is able to request a new password which we then provide him or her.

Published Content

It is the customer's responsibility to identify the internet content as their own or as third-party content.

The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the Republic of South Africa law. The placement of pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.

The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customer's content.

The sending of spam mail is strictly forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties and spamvertising. With regards to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if this is not respected.

Content prohibited to host at our network:

  • Spamming (including search engine spam, doorways, form spamming, etc.);
  • Mass mailing of any type (including double opt-in);
  • DoS/DDoS or other attacks (either outgoing or incoming);
  • Hacking (including situations when your Hosting Account was hacked);
  • Distribution of malware/viruses - with or without knowledge;
  • Port scanning;
  • Copyrighted content/mp3/movies/cracked software or links to such content;
  • Open proxies, TOR relays (due to abuse committed through open proxies);
  • Adult content;
  • Mining (due to heavy resource usage).

Email Limits

Shared Hosting: There is a outgoing email hourly limit per domain (This is determined based on what hosting package has been purchased). This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Shared Hosting: Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Shared Hosting: Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

Any time you're sending a message no matter how large your e-mail list is you must throttle it. IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

Mailing lists are only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM SAST, Monday through Friday.

Mailing lists must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of the selected hosting packages outgoing limit for emails per hour. If your account is found to be using a script that does not meet these requirements, EDZNET reserves the right to suspend, terminate, or deactivate your script or account.

Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

Liability

For direct damages, secondary damages or lost profits due to technical problems and disturbances within the internet that are not in our sphere of influence, we assume no liability.

For indirect damages and loss of profits, we assume no liability.

If the customer's web content is in violation of our terms of use, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.

Terms of Payment and Billing

All payment invoices are generated ateast 7 days before payment is due. Failure to pay by the due date will result in suspended and, ultimately, terminated service. Late payments may be subject late fee.

Subscription based payments can be canceled at any time.

If services are canceled (cancellation is requested), we remove credit card subscription for specific services from our system automatically. As for PayPal subscription, it must be removed by the customer at Paypal.com after cancellation is requested.

If customer add credit card to his account and it is active, EDZNET billing system will automatically try to capture payment for unpaid invoices 4 days before due date.

Automated credit card payments will be rejected after 2 declines from added active credit card.

Contract Duration and Cancellation

Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

Customer can revoke their contractual statement, with stating reasons, in the client area. The period of cancellation can be immediately or at the end of the billing period. A cancellation can only be done via the secure client area.

We are entitled to terminate the contractual relationship for good cause without notice or if customer ignores warnings about infringement of the requirements of our terms of use. Another important reason that can result in blocking or termination without a notice may be that the customer uses content which affects the performance or the safety of our Network.

We reserve the right to terminate services at any point after customer invoice is overdue or payment is reversed, and we will not be responsible for any data loss due to termination.

Service Level Agreement (SLA)

Our commitment is to guarantee yearly service availability of 99.95%.

Uptime guarantee applies to:

  • Internet connection channel availability;
  • Server hardware and virtualization platform availability.

SLA guarantee does not apply to:

  • Customers managed software and operating system performance;
  • Scheduled maintenance;
  • Service malfunction due to client actions (DoS/DDoS);
  • Service shutdown, when a customer does not pay on time or fails to comply with terms of the contract of our terms of use.

In the unlikely event that we experience a network or hardware failure, we will credit your account with one day of service for every hour of downtime. Contact a member of our customer service team not later than 7 days to arrange the credit.

Conclusion of The Contract

Our offers are subject to change. We reserve the right to make technical and other changes within reason.

Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

We are entitled to accept the offer of a contract (the order) within a period of one (1) working day after receipt. We are also entitled to reject the order after examining the reliability of the customer.

As a registered customer of EDZNET, you agree to receive emails promoting any special offer(s), including third party offer(s). You may unsubscribe from newsletters by clicking the "unsubscribe" link at the bottom of any newsletter we've sent. For your convenience, all information provided during registration with EDZNET is subject to EDZNET's Privacy Policy.

Firewall Policy

All EDZNET Hosting Servers have Custom Firewall Rules, these rules are in place to protect our customers, network and server infrastructure from malicious or otherwise unwanted activities.

EDZNET have implemented a login failure daemon. That may sound technical, but all it really means is that if you or some program on your system tries accessing the server with the wrong password too many times in a row, the server will automatically block you. The Login Failure Daemon is the program that provides this security service.

If your IP address has been blocked, you will need to contact support to have the block lifted. However, having the block lifted does not mean that you can get back to guessing at passwords! Otherwise you'll be blocked again and possibly have your account suspended.

EDZNET reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.