Terms of Service

NOTICE:

Below you will find all our legal statements including Terms of Service, Privacy Policy, Acceptable Usage Policy (AUP) and Spam/Network Abuse Policy.


INDEMNIFICATION POLICY

You agree to use all Imovics services and facilities at your own risk. Imovics specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Imovics be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Imovics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Imovics, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Imovics against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Imovics’s server. Imovics reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Imovics’s server. Imovics shall be the sole judge of what violates this Policy.

You exempt and indemnify the registry / registrar from all loss relating to your registration of a domain name (CLAUSE 6)


1. BILLING:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee and any addons like (Softaculous and cPanel is non-refundable). We accept Visa and Mastercard. For Web Hosting plans we will setup your account without any payment. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Please note we do not refund full amounts since purchase, if unsatisfied with service we refund you only for that month alone. Only web hosting is refundable. Note: We only refund to Bank Accounts and can refund Payfast transactions and Paypal transactions.

Please Note: Accounts with Proof of payment are always not guaranteed activation or credit due to us have a large amount of fake proof of payments being sent. Hence billing team will do this with approval from management or until payment reflects. Please ensure you submit proof of payment earlier than due date to ensure your account stays active.

We do not apply any refunds prior to 60 days for any service. This is to protect us from customers large payments to us forgetting to cancel their Paypal or EFT scheduled payments. As can be noted we are not a savings account nor bank. Customers need to ensure when they cancel that they cancel their automated payments to us.

Each account as a domain set. Please note this in no way can be changed after the first week of existence, please apply for a new package if you require a new domain to be used

Free Domain Registration for some annual packages applies to the following extensions only: .com,.org.za,.web.za,.net.za

Domains are auto renewed if credit exists to ensure customers do not loose domains. If you do not want to renew domains please cancel the domains or use the autorenew option

For customers paying via EFT/ Bank Transfer they could incur Cross Border Fees(As we are charged Bank Fees) if paying outside of South Africa. We hence recommend those customers pay via Credit Card/Paypal

Free Domain Renewals will only occur where an active Annual Package is active and paid up. If no Annual Package Payment exists the domain renewal is put on hold until payment is completed

Please note we do not register any domains without or before payment is made


2. NON REFUNDABLE SERVICES:

1. Domains Registered
2. SSL Certificates
3. Softaculous

Note the above are included in many VPS or Reseller packages hence the cost may be subtracted from the total amount before refund is completed.


3. CREDITS:

Credits on accounts due incorrect billing by Billing department will be processed immediately
Withdraws for Affiliate Credits or payments can take 21 days
Credits to bank accounts can only be done 21 days from request

Amendments

You agree that Imovics may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Imovics on a periodic basis on the announcement pages


4. AFFILIATES:

Affiliates get paid 10% Recurring every payment - Note: This can change at any time - Please check announcement page for any updates.

Withdraws for Affiliate Credits or payments can take 21 days


5. LATE PAYMENTS:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew 7 days after service due date, your account will be suspended. If you will not pay for service renew in 90 days after the due date, your account will be auto-terminated. You will receive numerous email reminders aswell as an invoice before the due date to remind you of payment, you may also receive SMS reminders if possible but is at our discretion.

Imovics will not be held liable for the loss or suspension of customer services due to non-payment.

We recommend customers pay a few days before due date to ensure their accounts or hosting does not get suspended or terminated.


6. DOMAINS:

Domain Purchases are non-refundable.

Transfer fees are non-refundable when domain is already transferred

If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.

Domain name WHOIS records must be on the OWNER's details not the RESELLER or Imovics itself.

Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website.

Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.

Domains are ONLY auto renewed with a positive credit balance containing enough funds to renew the domain/s

After 29 days of being expired, domains enter the redemption period. At this point, a renewal fee of R3800(.com etc.) and ZACR R300 (co.za,org.za,etc.) for local domains to renew the domain name. Imovics will request that you to pay this cost until the 36th day past expiration, after which the domain will no longer be available and may have to be re-registered when it becomes available.

If Invoices are not paid ontime by due date and domain has expired and redemption stage passed the invoice may go into cancelled state as it will now need to be re-registered

Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than R3200.

Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change

Kindly note we do not register premium domains(Domains with 3 characters). If for any reason a premium domain is registered there may be a additional cost

Should a reseller's client contact us to renew a domain we will assist only in such a request.

Kindly note and ensure all your domains are renewed when and as they should be, usually you have 30 days after expiry to pay before a domain goes into redemption stage. Please pay to ensure all goes through successfully

We do not assist client's clients in anyway - it is against policy and unethical to do so

Free Domain Registration for some annual packages applies to the following extensions only: .com,.org.za,.web.za,.net.za

If for any reason your domain is not registered,renewed or transferred correctly, Imovics, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered,renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain.

Should a reseller's client contact us to transfer a domain we will not assist unless written consent from our client is provided or Form 2 of COZA (Uniforum) is done with attached affidavit
Exemption and Indemnity of the Registry

THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.
7. ACCEPTABLE USAGE POLICY:

Please refer to AUP
8. DSL TERMS OF SERVICE:

Please refer to DSL TERMS
9. RESOURCE USAGE:

Users may not:

1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

4) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

6) Participate in any file-sharing/peer-to-peer activities

7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

8) Run cron entries with intervals of less than 15 minutes.

9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("https://yourdomain.com/include.php") use include("include.php")

11) To help reduce usage, do not force html to handle server-side code (like php and shtml).

12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

10.EXCESSIVE USAGE:

To ensure service levels within the Shared Hosting platform are stable and reliable, Imovics utilises various methods to protect its customers and associated systems from abuse which includes, but is not limited to, the following:

Excessive SQL Databases: Services with SQL databases larger than 4GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (i.e. if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation).

Excessive inode count: Services with an inode count in excess of 200 000 may result in adverse effect on server performance and is may be deemed abuse at Imovics's discretion. You will need to upgrade to a VPS Server if necessary.

Excessive domain, email and FTP services: Imovics does not set specified limits to the domain, email and FTP services, but at it's sole discretion may suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment.

Excessive bandwidth and diskio usage.

No Gambling sites, Lottery sites, Pornography sites, Bitcoin, Music, Movies or excessive streaming allowed as this is for web hosting,vps hosting and web services alone and to have fair usage and environment for all clients.

We note any traffic usage above 300GB as excessive per month but only if it affects other customers by causing high diskio or network usage is used excessively.


11. ZERO TOLERENCE PHISHING POLICY

Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.

Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of R750 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.


12. SPAMMING

Why has my Account or Server been suspended and closed?

We House our servers with Hetzner data center and much like Hetzner, we are strongly agains spamming, phishing and all other fraudulent or abussive activities on any of our servers. As part of our agreements with you, you agree to accept the bounce back limit and to not send spam. If we suspect that you have violated our agreements with you, we will without warning suspend your account, close it and will not provide hosting services to you again. Whenever possible we attempt to notify you prior to suspending your account.

We give a 3 strike policy we will assist in stopping the spam for you which will continue to monitor. If we find the spam to continue more than 3 times we have no choice but to suspend your server/service indefinitely to protect our other users.

Below are more reasons why your account may be suspended. To resolve an issue, please contact support@Imovics.com.

Unverified Email Addresses — We might suspend your account if your email contacts has too many unverified email addresses. If we receive bounce back emails from these addresses, we suspect the addresses have been used for spamming.

Spam Complaints — We might suspend your account because we received too many spam complaints. This means than an unacceptable number of recipients of your email campaign have actively flagged the message as spam and indicated that they either did not ask to receive the messages, or that they do not know who you (the sender) is.

Remember that we define spam as any message sent without the recipient’s prior consent to receive the message(s). A fine of R400 will be applied if serious bounce backs and spam is suspected and found. We then provide one last warning.

No Refunds will be given to customers found spamming even within 30 day policy.


13. ANTI-SPAM / ANTI-VIRUS

We use clamd antivirus and spamassassin to SCAN all emails. Note no service provider is full proof hence we alway recommend your local PCs antivirus be updated and on at all times.

Antivirus recommendations: Avast or AVG

14. TROUBLESHOOTING / SUPPORT

We try and assist every customer new or existing with support.

We can never guarantee we can solve your website issues. Though we will surely try and resolve the issues if we can

You agree that we will not be held liable due to human error causing financial loss or issue of any sort. We will try and assist where we can as best we can but it is the clients responsibility to ensure all works as requested and inform us if there are any issues.

If you migrate your website or application to us please note we can never guarantee it will work on our servers as other web hosts have custom setups. Some hosts use third party applications we may not support aswell as their setups may differ from our own servers.

VPS Clients on unmanaged servers please be aware we assist with installation of OS, Firewall and SQL Server installs and are no way responsible for troubleshooting your applications, websites or databases. Optimization and speed we may try and assist with but ultimately please note you are responsible in resolving any performance related issues unless proven to be NODE or Host server related.

Imovics is in no way responsible in setting up or installing third party applications on Unmanaged VPS servers

Kindly ensure all your issues are resolved or brought to our attention via emails, chats or tickets as history and any pending requests are kept for no more than 3 months. This excludes transactions, invoices or credit history.

At times we require a swift reponse from clients on issues/reports/complaints hence if we receive no response within 24 hours on any urgent matter that may cause major downtime,blacklisting,etc. we will go ahead with what we believe to be the best solution.

Imovics Support will not install any software or applications or change settings on other hosts servers even if clients request it. This is to protect us from the other host with respect to legal issues if found or our customers customer that may involve us in legal issues. Hence unfortunately we cannot do this.

Imovics hosts servers in Hetzner's data center hence you will be required to upload data via FTP or SSH no matter the size.

Imovics cannot assist in setting up servers with any other host or ISP. This is your sole responsibility to request support from that host or ISP. It also against our internal policy as we need to focus on our customers at all times.

We reserve the right to stop assisting you if we feel we do not have the knowledge or know how to solve you customer application issues or your application does not work on our servers


15. BULK EMAIL

Why has my Account been suspended and closed?

Bulk Emailing excessively from your account that causes shared web hosting servers to become unresponsive or slower than normal due to large amounts of account spamming via a reseller account or shared hosting account is also seen as spamming or abuse on the network and will be suspended immediately.


16. LIMITATION OF LIABILITY:

Imovics shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Imovics servers going off-line or being unavailable for any reason whatsoever. Furthermore, Imovics shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Imovics servers. All damages shall be limited to the immediate termination of service.


17. DISCLAIMER:

Imovics cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Imovics are resold. Thus, certain equipment, routing, software, and programming used by Imovics are not directly owned or written by Imovics. Moreover, Imovics holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Imovics sees fit. FURTHERMORE, Imovics retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.


18. UNLIMITED HOSTING:

What’s not allowed in "Unlimited"?

Basically, sites whose essential purpose is to use disk or bandwidth.

When making a website, you should be thinking about "How can I make an interesting site for my visitors while minimizing my server storage, bandwidth, file system, memory, and cpu impact as much as possible?"

The result will be a better experience for your visitors, your web host, and yourself!

Here are some specific examples of things not allowed:

Copyrighted content to which you do not hold usage or distribution rights.

File upload / sharing / archive / backup / mirroring / distribution sites.

A site created primarily to drive traffic to another site.

Making your account resources available (whether for free or pay) to the general public.

Imovics's "unlimited" features on shared web hosting service is not intended to allow a single or few subscribers to unfairly or adversely impact the hosting experience of other subscribers. If this occurs the website will be stopped and owner informed. We may suspend the account in severe cases.

Shared hosting space may only be used for web files, email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Imovics expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Imovics may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Imovics's terms and conditions.


19. WEBSITE TRANSFERS:

END USERS: We assist with transferring your websites if under 5 websites on cpanel infrastructure(Note this is done via queue system so we do it as we can hence may be delay in transfers)

RESELLERS: Resellers need to be able to transfer websites and assist their customers themselves. We will guide and assist where we can though. Also if you have cPanel backups we can restore them for you. Note: Only cPanel other Control Panels are not easy to transfer and you will need to do them manually.


20. SHARED WEB HOSTING / VPS HOSTING:

By using Hosting services provided by Imovics, you accept the agreement to these terms of use. Imovics reserves the right, at its discretion, to modify these terms at any time. Please check these terms regularly for changes. Your continued use of Imovics following the posting of any changes to these terms will mean you accept those changes.

Imovics reserves the right to remove any file from its servers that it determines is in violation of its rules and guidelines. Users are solely responsible for all files contained in their own directories. The following is a list of content and behavior that is NOT acceptable on web pages hosted by Imovics:

a. Content that promotes or contains links to sites containing nudity, pornography, adult material, sex, exploitation of children, etc.

b. Content that infringes on copyright, trademark, patent, trade secret or other intellectual property. This includes serial numbers for software for the purpose of illegally registering or validating software, unlawful MP3 music files, copyrighted images or videos, etc. You may not use Imovics's services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. In compliance with the Digital Millennium Copyright Act ("DMCA"),

c. Content that condones, promotes, contains, or links to unlawful products or activities, including cracks, hacks, their associated utilities, or other piracy related information. fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Imovics's servers or services, including without limitation use of credit card numbers.

d. Web sites using our free service that primarily serve non-html files. Non-html content includes binary files, downloads, large images, streaming media, video clips, programs (e.g. .exe), large media files split into multiple small ones, archived material (e.g. .zip, .rar, .ace, etc). Or sites with little html content, and whose main purpose is for sharing non-html files for download. Sites using Imovics's free service may not exceed 250MB of bandwidth per month per account.

e. Spanning Web sites over multiple accounts in order to increase available web space. Each account must host its own website and may not be a duplicate or an extension of another website on Imovics's servers.

g. "hotlinking" site is not allowed in Imovics's service. All non-html files must be linked to html pages on the user's site. Links to non-html files on a user's page from other sites must FIRST link to an html page on that user's account. Other sites may NOT link directly to non-html content such as images.

h. Content that promotes the sending of unsolicited e-mail (spam), or mail fraud schemes. Users who utilize Imovics's resources, including e-mail addresses for spam are also subject to prosecution to the fullest extent of the law. Note: We also do not reimburse any payments when found spamming.

i. Content that is racist, or otherwise extremely offensive to others, including content which threatens or abuses others.

j. Sites that abuse our upload services by excessive uploading or attempting to maintain a long-term persistent connection. This includes Web Cam sites that "camp" on the FTP servers to continuously update images.

k. Free hosting accounts will only be provided to clients residing in South Africa.

l. For service in other languages e.g. cn.Imovics.com, If the act of the user account in the jurisdiction could be considered illegal or anything that adversely affects Imovics, then the site would be taken away.

Resellers need to be able to provide their customers with technical support and fix issues related to their sites. Imovics will help where we can but cannot guarantee we can resolve issues related to coding or transfers that were not completed correctly by the reseller or developer

Imovics cannot be held liable for a reseller requesting support for technical issues and not getting the answers they require or support they expect especially when related to services and support we cannot offer. We host websites and do not do development your developer will need to resolve or make changes to code to get it to work on our website accordingly

Mysql and SQL Server external connections should NOT overwhelm our servers and we open these ports for non abusive, non syncing and only for our customers to make changes to their databases as required, Please do not run high resource queries that could cause issues via this as it may lead us to consider closing these ports

Imovics provides no-banner free hosting services.


21. OVERAGES:

Please note if you do not stay within the bounds of your plan you can receive an overage bill.

We reserve the right and without notification to charge for such overages

You may query this with support department at any time if you so choose

VPS Servers that exceed Bandwidth will be auto-suspended, (Note: it is Unmanaged VPS customers responsibility to keep their VPS servers secure and passwords secure)


22. INODE LIMITATIONS:

Excessive inode count: Services with an inode count in excess of 200 000 (soft limit) may result in adverse effect on server performance and is may be deemed abuse at Imovics's discretion - These accounts will be removed from backups - We have however set a hard limit of 100000 - 250 000 per hosting "user" account. Same goes for Reseller "User" accounts. Reseller WHM accounts itself are excluded.

Accounts found to be exceeding the 200,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.


23. BACKUP LIMIT - SHARED HOSTING:

Any shared account using more than 20 GBs of disk space or 100000 inodes will be removed from our backups. We backup all content to dedicated backup servers which helps protect against data loss in the event of a drive failure.

We don't backup SUSPENDED accounts by us or resellers

We don't keep email backups for retrieval. We have Mail Server backups only

We keep weekly backups on most servers.


24. VPS SERVER BACKUPS:

All VPS Servers come daily backups. This is to protect from server, system or client data loss. Clients may still create their own backups if required. Unmanaged servers do not have local or weekly backups, Unmanaged VPS clients should ensure they have setup some SVN or backup system on their VPS for database and web file backup revisions. Managed servers however can be set to have daily, weekly or monthly backups from withing WHM in cpanel.


25. LOSS OR CORRUPTION OF DATA:

You acknowledge and agree that Imovics is not and shall not be responsible or liable for any loss or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Imovics site, network, system, or server "crashes" or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients even free hosting client's data to the fullest extent with all our backup software and servers.


26. TERM/TERMINATION:

A. Term. This agreement shall be effective upon when applying for hosting services from Imovics.

B. You may terminate this Agreement immediately for any reason at any time by sending mail to support@Imovics.com.

C. Termination by Imovics.

D. When account is cancelled and terminated backups are only kept for a period of 1 week. Please contact us within 1 week if you require backup of your cancelled account.

 

Privacy Policy


Introduction

1. Thank you for taking the time to review our Privacy Policy. At times, Imovics will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.

2. The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.
Confidentiality

3. Imovics respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.
Collection of Personal Data

4. Imovics collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.

When registering an account Imovics and during your use thereof, Imovics collects and stores the following information for the sole purpose of setting up and maintaining your account in our Billing System (the “Purpose”):

    Your name
    Your Address
    Your e-mail
    Your IP address
    Your company name
    Your phone number
    Your VAT Number(if applicable)
    Your ID / passport Number
    Your server IP addresses
    Access credentials

Imovics does not forward any PII (especially email addresses) to third parties without your express permission, unless bindingly and mandatorily required by the applicable laws or prosecution authorities.

Note we do not store any credit card or debit order details on our system. All bank information is done through the Payment Gateways we use and trust, SagePay, Payfast and Paypal.
Use of Personal Data

5. Imovics may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, Imovics will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information via our website live chat, email or a client area ticket.

6. Any information Imovics collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within Imovics or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.
Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)

7. Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Imovics may host for you, is available to anyone else who visits that space. Imovics cannot safeguard any information you disclose there.
Site Linking

8. Imovics's websites contain many links to sites that belong to third parties unrelated to us. Imovics cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. Imovics cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.
Minors

9. Imovics will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Imovics undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.
Reservation of Rights

10. Imovics reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.

11. Imovics further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network or servers.

12. Imovics reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.

13. Imovics reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

14. Imovics reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

 

Acceptable Usage Policy (AUP)

 

General Notice

Thank you for reading Imovics's Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department at 011 068 2558 or abuse@imovics.com.

Imovics respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.


ISPA membership and Code of Conduct

Imovics.com confirms that while in the ISPA membership process, it's in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Imovics.com is a member of the Internet Service Providers' Association (ISPA) and has adopted and implemented the association's official Code of Conduct, which can be viewed at http://www.ispa.org.za/code.


Unlawful Use

Imovics's services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:

    Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
    Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
    Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Imovics cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Imovics's network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
    Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent.
    Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Imovics on behalf of another subscriber without their consent.
    Any violation of the exchange control laws of the Republic.
    Any activity that results in the sale, transmission or distribution of pirated or illegal software.
    Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Imovics will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Imovics's resources, including the provisioning of all personal identifiable data.


Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Imovics's services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.


Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Imovics's network is unacceptable. This includes:

    Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Imovics for this goal;
    Any effort to use Imovics's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
    Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
    Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;
    Any activity which threatens to disrupt the service offered by Imovics through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
    Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
    Any unauthorised monitoring of data or traffic on the network without Imovics's explicit, written consent.
    Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space and Third Party Content and sites

In reading this AUP or in signing a service contract with Imovics, you acknowledge that Imovics has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that Imovics cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Imovics network websites and web pages or sites displayed as search results or contained within a directory of links on the Imovics network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

Imovics employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.


Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Imovics will take swift and firm action against any user engaging in any of the following unacceptable practices:

    Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
    Operating or maintaining mailing lists without the express permission of all recipients listed;
    Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;
    Using Imovics's service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
    Including Imovics's name in the header or by listing an IP address that belongs to Imovics in any unsolicited email whether sent through Imovics's network or not;
    Failure to secure a customer's mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Imovics reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Imovics also reserves the right to examine the mail servers of any users using Imovics's mail servers for "smarthosting" (when the user relays its mail via a Imovics mail server to a mail server of its own or vica-versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Imovics's privacy policy.

Spam/virus Filtering

Imovics provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Imovics shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Imovics reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.


Webmail

Webmail and other web based email services made available by Imovics are provided on an "as is" basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Imovics shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Imovics. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Protection of Minors

Imovics prohibits customers from using Imovics's service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.


Privacy and Confidentiality

Imovics respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.


User Responsibilities

Customers are responsible for any misuse of Imovics's services that occurs through the customer's account. It is the customer's responsibility to ensure that unauthorised persons do not gain access to or misuse Imovics's service.

Imovics urges customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Imovics cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorised a minor to use any of the Imovics's services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

Imovics cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Imovics network. Further, Imovics assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer's.


Notice and Take-down Procedures

Imovics confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Imovics's designated agent for this process is the Internet Service Providers’ Association. ISPA can be reached at +27-11-318-1406 or takedown@ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.

Customers are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.


Complaints and procedures

It is the customer's responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Imovics's designated complaints handling agent.

Please note that Imovics cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for Imovics to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

    the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
    any contact details for the source of the complaint;
    a brief explanation why the incident is considered to be an offence.

Imovics discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.


Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Imovics may take any of the following steps:

    In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
    In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
    In the case of individual users, warn the user; suspend the user's account and/or revoke or cancel the user's network access privileges completely;
    In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
    Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
    Institute civil or criminal proceedings;
    Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies

Reservation and Non Waiver of Rights

Imovics reserves the right to amend or alter this policy at any time, and without notice to you.

Imovics reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

Imovics reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

Imovics reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

Imovics reserves the right to suspend, revoke or cancel Imovics's services to the customer/user if the safety and integrity of Imovics's resources are placed at risk in continuing to provide service to the subscriber/user.

Imovics reserves the right to remove any information or materials in whole or in part, that, in Imovics's sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Imovics does not undertake to guarantee the security of any data passing through its networks. Although Imovics will provide a "best effort" service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Imovics cannot be held liable for any loss or damage arising as result of the failure to do so.

Imovics does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Imovics fail, neglect or elect not to enforce a breach of the AUP at any time.

Spam Policy

Imovics provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Imovics are subject to the following terms of service:


BULK MAIL POLICY

Imovics's Bulk-Email Policy is to prevent email SPAM through education and proactive practices

Approximately 97% of all email transiting the internet is SPAM and adds up to nearly 2 billion unwanted emails a day. This wastes Internet bandwidth, computer CPU processing power to perform spam analysis and rejection , and ultimately human, natural and financial resources.

More importantly Imovics is committed to insuring that your mail server is stable and reliable. For this reason we can not permit anyone to abuse the mail server which can cause long email delays called mail queues or practices that get the mail servers IP blacklisted which causes delays or non delivery requiring our staff to re-route or reassign new IP's' and contact the RBL's to get de-listed wasting valuable engineering time.

Imovics has zero tolerance for Unsolicited Bulk Email (UBE) aka SPAM. We actively promote policies and practices that help reduce and prevent the sending of UBE.

Before your organization begins using Imovics servers, you agree that:
Your organization will publish a bulk-email-complaint email address (such as bulk-email@exampledomain.com) in a conspicuous place on its website;
Your organization will register its bulk-email-complaint email address at abuse.net, and will promptly respond to messages sent to that address
Your organization’s intended bulk email recipients have given consent to receive bulk e-mail via a documented opt-in procedure;
Your organization’s procedures for obtaining consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
Your organization keeps records of the recipients’ consent in electronic or other form that may be promptly produced on request, and you honor the recipients’ and Lowesthosting’s requests to produce consent evidence within 72 hours of receipt of the request;
Your organization has a system in place that allows a bulk-email recipient to revoke his or her consent (such as a link in the body of bulk emails), you honor revocations of consent within 72 hours, and you notify recipients that the revocation of their consent will be implemented in 72 hours;
Your organization has a Privacy Policy published on its website;
Your organization will ensure that all bulk email includes the recipient’s email address in the body of the message or in the “TO” line of the email;
Your organization will not attempt to send bulk email to any email address if three (3) consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than 15 days.
These policies apply to all bulk email sent using Lowesthosting’s Email servers, and to bulk email sent from any network by your organization or any person on your organization’s behalf that directly or indirectly refer the recipient to a site hosted by Imovics.
In addition, your organization may not use other bulk-email services that do not practice similar procedures for all emailings resulting in UBE being used to to target your website with Imovics. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by your organization.
Imovics may monitor your organization’s compliance with these requirements, including requesting opt-in information from a random sample of your email list at any time. In addition, Lowesthosting may block the transmission of any bulk email that it believes, at its sole discretion, may violate these provisions.
Learn more about SPAM, the difference between SPAM and legitimate bulk email and how to conduct a Permission Pass to protect your legitimate bulk-email list.
Learn more about the CAN-SPAM Act or POPI Act of South Africa

Limits

Emails Per Hour: There is a 500 outgoing email hourly limit per domain. 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. You can install phplist mailinglist manager from your script installer which permits throttling your mailing to comply with these limits.


Connections Per Hour: Many of our servers have a limit of 60 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.
Mailing List Size: Any mailing list larger than 3,000 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.
Large List Mailed During Off Peak: Any mailing list over 1000 email addresses is only allowed to be sent to during off-peak times to prevent high server loads or long mail queues preventing other clients from sending their emails in a timely fashion. Off peak times qualify as all day Saturday and Sunday, and 6pm - 6AM Eastern Standard Time, Monday through Friday.