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Legal Documentation

SUMMARY OF TERMS

Please note that the summaries below are summaries for your convenience and are not the actual terms.

1. Introduction

These are the General Terms that govern our relationship with you. They include:

  1. The duration of the Agreement;
  2. Fees to be paid to JustLikeThat.hosting;
  3. When JustLikeThat.hosting is authorised to monitor communications and content;
  4. The appropriate and reasonable measures JustLikeThat.hosting takes to protect the security of your data and our systems;
  5. When JustLikeThat.hosting is authorised to suspend or terminate your services; and
  6. The process followed when resolving disputes

2. Summary of General Terms

  1. Commencement: The Agreement will start when JustLikeThat.hosting provides you with a username and password or issues the first invoice to you, whichever one comes first.
  2. Acceptance of electronic invoicing: By placing an order through our website, you agree to accept electronic invoices from JustLikeThat.hosting for the purpose of claiming input tax.
  3. Changing of service: We may change the features and functionality of any Service over time.
  4. Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
  5. Restriction of access to services: If you breach the Agreement, JustLikeThat.hosting may restrict your access to the Services.
  6. Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
  7. Your Content: You will retain all your intellectual property rights to any content you host with us.
  8. Your personal information: JustLikeThat.hosting may keep your personal information and use it, for specified purposes. For example:
    1. Our internal marketing and contract administration.
    2. Unless you specifically tell us that we may not do this.
  9. JustLikeThat.hosting’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations of the terms of this Agreement.
  10. Governing Law: Namibian laws govern this Agreement as Ewathelo cc t/a JustLikeThat.hosting is stationed in Namibia; however at the same time the United States of American laws also govern this Agreement as the servers are situated in the United States of America.
  11. Addresses for services: We will use the address you give as the address to serve legal notices and documents to you.

3. Summary of specific terms

  1. Our Specific Terms go into more detail and address specific issues around our products.
  2. These terms are an extension of our General Terms.

OUR HOSTING TERMS (GENERAL TERMS)

1. Introduction

Ewathelo cc t/a JustLikeThat.hosting is Namibia’s fastest growing Web Hosting Service Providers, providing a range of web hosting services to our Customers.

2. Definitions

We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):

WORD MEANING
Agreement These General Terms and any specific terms that incorporate (include) these General Terms.
Customer Is any person identified on the application form for Services or in any addendum.
Customer Data Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services.
General Terms The General Terms and conditions governing the contractual relationship between the parties, supplemented by the Specific Terms.
Our Hosting Terms The General Terms, the Specific Terms, the Acceptable Usage Policy, and Privacy Policy, all of which are published at www.justlikethat.hosting/legal.php under their respective headings.
You or your The Customer, including a legal entity (such as a company), who enters into an Agreement with JustLikeThat.hosting
Specific Terms

The terms and conditions which supplement the General Terms and govern the use of individual Services selected by the Customer.

 

3. JustLikeThat.hosting Hosting Terms

  1. These General Terms govern the contractual relationship between us, duly supplemented by the Specific Terms.
  2. Unless expressly provided to the contrary in our Hosting Terms, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest): (i) these General Terms; (ii) the Specific Terms; (iii) the Acceptable Usage Policy; (iv) the Privacy Policy; (v) other policies that may be introduced by us from time to time which we notify you of; (vi) any documents incorporated by reference in this Agreement.

4. Amendments to Our Hosting Terms

  1. JustLikeThat.hosting reserves the right to make changes to Our Hosting Terms at any time without notice. An updated version of our Hosting Terms will be posted on the Website.
  2. It is your responsibility as a diligent user to check any amended Hosting Terms posted on the Website.
  3. If you object to any amended Hosting Terms, you are entitled to terminate your relationship with use under clause 14.

5. Customer Status

  1. The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
  2. If a person enters into the Agreement:
    1. In a representative capacity on behalf of a Customer who is an incorporated entity;
    2. On behalf of an unincorporated entity; or
    3. In any other representative capacity recognised in Namibian law, the person that warrants that:
      1. They are legally authorised to do so and indemnifies JustLikeThat.hosting against any loss or damage that we may sustain resulting from the person’s lack of authority; and
      2. All the information supplied to JustLikeThat.hosting at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
    4. We reserve the right to treat all misrepresentations by you or the person representing you, as fraud and the person indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
    5. If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end the Hosting Terms or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
    6. When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for this Agreement.
    7. If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify authority.
    8. You indemnify us from any action or inaction based on the representation in 5.b.vii. If however we ask you to give JustLikeThat.hosting independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.

6. Commencement and Duration

  1. Your application is an offer by you to accept Services from JustLikeThat.hosting. The terms relating to the acceptance of the offer are as follows:
    1. Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
    2. We will only have accepted your offer once payment is received.
    3. You must contact us if you do not receive Confirmation from us within a reasonable time period.
    4. Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
    5. You can accept that we have sent confirmation to you as soon as this is reflected in our log files.

7. Service Fees

  1. You must pay all service fees, as soon as they become due.
  2. You must pay the services fees, according to the frequency of payment you select, as described on the website.
  3. You agree that by submitting an application form to us when making application for Services; that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
  4. We reserve the right to amend or vary the Service Fees and any amendment or variation of the Service Fees will be seen as an amendment of Our Hosting Terms. If we amend the Services Fees, JustLikeThat.hosting will give you at least thirty (30) days prior notice. If you object to any amended fees, you may terminate your relationship with us under clause 14.
  5. You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by JustLikeThat.hosting of Our Hosting Terms). In addition, you may not demand any discount, refund, or reduction in respect of any service fees you owe us.
  6. The service fees do not include value added tax (VAT). JustLikeThat.hosting may decide to charge value added tax at a point, during which time you agree to pay the value added tax (VAT) if you are located within the borders of Namibia.
  7. You may terminate the Service within:
    1. Seven (7) days after the Commencement Date if you decide not to continue subscribing to the Service; or
    2. Within thirty (30) days after the Commencement Date if we fail to meet the service levels for hosting services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to admin@justlikethat.hosting.

8. Monitoring

  1. We monitor our hosting facilities, but not your specific activities.
  2. With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by JustLikeThat.hosting, we have no knowledge of, not interest in, Customer content hosted by us or published by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
  3. If however we determine that any contents is in violation of any law or of the Acceptable Use Policy, or if we receive a takedown notice from any government institution, we may:
    1. Ask you to remove, amend, or modify the content;
    2. Terminate access to any Services, or suspend or terminate any Services without notice;
    3. Delete the offending content without notice;
    4. Notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or
    5. Take any further steps required or requested by any authorities without notice.
  4. We may disclose any content, material, or data (including any of your data) if:
    1. Required by law;Lawfully asked to do so by any authorities; or
    2. Lawfully asked to do so by any authorities; or
    3. According to a judicial, administrative or governmental order. We do not have to give you notice.
  5. You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.

9. Security

  1. All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
  2. You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.d before we acted on a fraudulent instruction.
  3. If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
  4. You must tell us immediately if any person gains access to your Customer Data by following the procedures relating to reporting misuse and give us your full co-operation in any investigation we carry out.
  5. You indemnify us (hold us harmless) against any claim arising from:
    1. Your disclosure of your Customer Data to a third person;
    2. The use of the Customer Data by third person; or
    3. Any resulting action by you or a third party.
  6. We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
  7. We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make back-ups of your data. JustLikeThat.hosting does not offer any back-up services to our Customers, thus it is the responsibility of our Customers to ensure that their web hosting space is backed up accordingly.

10. Warranties

  1. We warrant that JustLikeThat.hosting has the facilities, infrastructure, capacity, and capability to provide the Services.
  2. Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.

11. Intellectual Property Rights

  1. You must comply with all laws that apply to any intellectual property.
  2. You must get the prior written approval before using any of our marks.
  3. You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under Our Hosting Terms.
  4. Other than as specifically provided for in Our Hosting Terms, we retain all intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under Our Hosting Terms.

12. Customer Indemnities

  1. You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
  2. You indemnify us (hold us harmless) against any losses you have suffered or actions against as a result of: the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within the range of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:
    1. Software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services;
    2. Non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers;
    3. Non-performance or unavailability of external communications networks to which you or our network infrastructure is connected; and
    4. Repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
  3. If we are sued for something that you have indemnified us for, you will take our place in the law suit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement,) provided that:
    1. We notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;
    2. You may assume sole control of defence of the claim or related settlement negotiations; and
    3. We will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
  4. You must us pay any amount due under clause 12.c.iii as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
  5. You indemnify us against any loss or damage that JustLikeThat.hosting may suffer because of your actions

13. Suspension of Services

JustLikeThat.hosting may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, JustLikeThat.hosting will provide prior notice on any service suspension to Customers. However, JustLikeThat.hosting will not be held liable for any resulting loss or damage suffered as a result of the service suspension.

14. Termination

  1. JustLikeThat.hosting may terminate any Services on five days written notice to you.
  2. You may terminate any Services on thirty (30) days written notice to JustLikeThat.hosting via email to admin@justlikethat.hosting
  3. If you give JustLikeThat.hosting notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
  4. Breach: If you breach any of Our Hosting Terms, we may, without prejudice to any other rights that JustLikeThat.hosting may have and without notice to you:
    1. Claim immediate payment of all outstanding charges due to us;
    2. Terminate or suspend your use of the Services;
    3. Terminate our relationship with your; or
    4. List you with any credit bereau, Internet service provider list, or any Fraud Prevention Service. By agreeing to our Terms and Conditions, you expressly consent to this.

In all instances, we may retain all Service Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorney fees) with your breach.

15. Force Majeure

  1. We will not be responsible for any breach of the Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication services, etc.

16. Resolving disputes

  1. Notifying each other. A dispute concerning this Agreement exists once a Party notifies the other in writing, detailing the nature of the dispute, requesting that it be resolved as per this clause. The parties must refer any dispute to be resolved by:
    1. Negotiation (direct talks to try and agree how to end the dispute); failing which
    2. Mediation (talks in which a neutral party tries to help the parties agree how to end the dispute); failing which
    3. Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
  2. Negotiation. Each party must make sure that their chosen representative meets within ten (10) business days, to negotiate and try to end the dispute by written agreement within a further fifteen (15) days.
  3. Arbitration. If mediation fails, the parties must refer the dispute within fifteen (15) business days to arbitration (including any appeal against the arbitrator’s decision) under the latest rules for expedited arbitrations. The arbitration will be held in English in Windhoek, Namibia. The parties will agree and appoint one arbitrator.

17. Exclusion and Limitation of Liability

  1. JustLikeThat.hosting will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
  2. Our total liability to you is for direct damages up to a maximum amount of:
    1. Three months of your base hosting fee; or
    2. N$ 1,000.00; whichever is less.
  3. Our liability for direct damages under clause 17.b will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
  4. This clause will apply even if you advised JustLikeThat.hosting of the possibility of loss of damage prior to its occurrence.

18. Notices

  1. You must send all notices to JustLikeThat.hosting, whether for court process, notices or other documents or communication, at P.O. Box 6849, Ausspannplatz, Windhoek, Namibia, 9000 or via email to admin@justlikethat.hosting.
  2. We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
  3. Any notice or communication required or permitted to be given under this Agreement will be valid and effective only if in writing.
  4. All notices you sent to us which are:
    1. Sent by prepaid registered post will be deemed to have been received 14 days after date of postage;

19. Backup Services

JustLikeThat.hosting does not offer any back-up services. Our Customers are expected and encouraged to maintain backup copies of their own data. JustLikeThat.hosting is not responsible for files and/or data residing on your account. You indemnify us for any data lost as a direct result of the lack of backups. It is your responsibility to ensure that your data is backed up on a regular basis. JustLikeThat.hosting does not provide any recovery services and we do not store any data from any account during any time.

20. General

  1. Entire agreement. The Agreement constitutes the entire agreement between the Parties.
  2. No Variation. No changes to this Agreement made by Customer are effective unless in writing and signed by the authorised signatories of both parties.
  3. Waiver (given up rights). Any favour we may allow you will not affect [or substitute] any of our rights against you.
  4. Severability. If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of the Agreement if it does not change its purpose.
  5. Applicable Law. Namibian and United States of America’s laws govern this Agreement.
  6. Survival. Despite termination of the Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.

The Specific Terms will apply if there is any conflict of meaning with these General Terms.

ACCEPTABLE USE POLICY (AUP)

The AUP is a description of the types of activities that are not allowed on JustLikeThat.hostings’ network and as such forms part of Our Hosting Terms.

JustLikeThat.hosting reserves the right to require changes or disable, as necessary, any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. To meet the changing needs of our customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage our customers to review this AUP regularly.

If you feel you have discovered a violation of any area of our AUP please report it to: support@justlikethat.hosting

1. SPAM and Unsolicited Email

(Last updated: 13 April 2015)
Sending unsolicited commercial communication (including, but not limited to email, instant messages, SMS, chat rooms, discussion boards and newsgroups) is not permitted via the JustLikeThat.hosting network.

Regardless of how the recipient’s email address was acquired, if email communication was not explicitly requested or consented to by the recipient or if the recipient would not expect to receive it as a result of an existing relationship, the communication is considered unsolicited (this applies to communication sent to both personal email addresses and company email addresses e.g. sales@companyxyz.com). Email communication that does not clearly originate from a consensual sender or which appears to come from a third party or affiliate is considered unsolicited.

Examples of unsolicited communication:

  • Purchased mailing lists, "safe lists" and harvesting of email addresses, where the users of those email addresses have not explicitly agreed to receive communication from a specified consensual sender is considered unsolicited.
  • Sending emails where the recipient must opt-out of receiving further emails that they didn’t originally request is considered unsolicited.
  • Sending a once-off invitation to receive further information, which was not explicitly requested or consented to by the recipient is considered unsolicited.
  • Email communication to a mailing list including addresses of unwilling recipients or a recipient who has indicated that they wish to be removed from such list, yet continues to receive unwanted emails after a reasonable period, is considered unsolicited.
  1. Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications. There should also be an option for the recipient to unsubscribe from receiving further email communications.
  2. When JustLikeThat.hosting receives a spam complaint, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive communications from you and if so, when and where you recorded their email address.
  3. JustLikeThat.hosting reserves the right to suspend or terminate the account of any user who sends out unsolicited email otherwise known as Spam with or without notice in accordance with its General Terms and Conditions.

As a JustLikeThat.hosting customer, should you infringe this policy, you will be held liable for any costs incurred by JustLikeThat.hosting, both monetary and in reputation. JustLikeThat.hosting reserves the right to charge the customer of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of JustLikeThat.hosting.

The use of any other service for the purposes of sending SPAM with any reference to JustLikeThat.hosting services (including but not limited to mailboxes, autoresponders, and Web pages), will also be grounds for suspension/termination as described above. If your website was compromised and exploited for the purpose of sending unsolicited communications, JustLikeThat.hosting will be more lenient in resolving the issue. However, repeat exploitations of the same website and/or customer account would be grounds for suspension/termination.

2. Offensive Content

(Last updated: 13 April 2015)

  1. JustLikeThat.hosting does not allow any of the following content or links to such content, to be published on its Hosting Systems:
    1. Content of a pornographic, sexually explicit or violent nature;
    2. “Hate” sites or content that could be reasonably considered as discriminatory in any way including by ways of sex, race or age discrimination;
    3. Content of an illegal nature (including stolen copyrighted material);
    4. Content that is defamatory or violates a person’s privacy;
    5. Content that involves theft, fraud, drug-trafficking, money laundering or terrorism;
    6. Pirated software;
    7. Illegal gambling sites;
  2. If JustLikeThat.hosting in its sole discretion determines that any customer content violates any law or this policy it may:
    1. Request the customer to immediately remove such content; and/or
    2. Require the customer to modify such content; and/or
    3. Without notice, suspend or terminate access to any services; and/or
    4. Without notice, delete the offending content; and/or
    5. Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customer’s data as may be requested by the authorities and take such further steps as may be required by such authorities.

3. Misuse of account features

(Last updated: 13 April 2015)

  1. Operating any service which makes an account feature available to third parties for any use other than normal access to that account's Web site is forbidden. Operating any service which enables or assists anonymous or abusive behaviour by third parties is forbidden. Operating any service which affects the stability or reliability of any JustLikeThat.hosting server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account.
  2. Reselling Multiple Domains on JustLikeThat.hosting Web Hosting packages to a third party is not allowed. Multiple Domains are to be used solely for the Profile Owner's own websites.

4. Shared System and Resource Usage

(Last updated: 13 April 2015)

Customers hosting on our shared environment may not use any shared system provided by JustLikeThat.hosting in a way that interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system’s resources. For example, excessive server hits, excessive bandwidth usage, excessive disk usage, inefficient scripts or database queries may compromise other users of the shared hosting environment. JustLikeThat.hosting is authorised to suspend a user’s account should it be found that excessive resource usage is negatively impacting on other customers of our shared hosting environment. In most cases, the examples below do not apply to JustLikeThat.hosting Dedicated servers.

  1.  Users may not, through a cron job, CGI script, interactive command, or any other means, initiate the following on JustLikeThat.hosting’s shared servers:
    1. Run any process that requires more than 50MB of memory space.
    2. Run any program that requires more than 30 CPU seconds.
    3. Run more than 10 simultaneous processes.
    4. Send out mail to more than 300 recipients (email addresses) within one hour. 300 recipients represent one of the following: 300 recipients for one email, 300 individual emails or a combination of the two.
    5. Send or receive, through mail, any file larger than 20MB.
  2. Should we discover that a customer is performing bulk mail runs on our shared systems that exceed the limit communicated in 4.a.iv above, regardless of whether it constitutes SPAM or not, JustLikeThat.hosting will deactivate the user’s account.
  3. Custom server-side CGI scripts are to be run only by users with the appropriate package types (in JustLikeThat.hosting’s case the Web Hosting Basic package or higher). No user may run CGI scripts for the benefit of external sites or services. The use of system resource limits is intended to prevent runaway CGI scripts on an unattended server. Also, processes with large memory footprints or hungry CPU requirements will incur swapping and other slowdowns that cause problems for every site on the server.
  4. Interactive Web applications, commonly known as "chat", are not allowed on JustLikeThat.hosting’s shared systems. These applications are better placed on dedicated servers.
  5. MySQL databases are provided to users of the Web Hosting Basic package and higher:
    1. Each qualifying individual package is limited to the allocated quota as published in the product matrix
    2. Each individual database is allocated a maximum of 500 MB disk space.
    3. Databases may not be used for circumventing package disk allowances by storing web sites within the database.
    4. Databases may only be used in conjunction with JustLikeThat.hosting hosted packages. Access to databases from outside our local network is provided strictly for site and database development.
    5. Only 10 concurrent MySQL connections per database user are allowed.
    6. Databases may not be used to store binary files (including but not limited to image and application files). The database needs to reference the image on the user’s site rather than actually storing the image i.e. these files should be stored within the user account and referred to in the database by using a link.
    7. JustLikeThat.hosting reserves the right to require changes to databases and database usage should they have an adverse impact on a database server and/or other user databases on that server. JustLikeThat.hosting may move the database to a new server, or in extreme cases, JustLikeThat.hosting reserves the right to disable any database determined to be harming performance of a database server.
  6. The use of "cron jobs" (processes that are run automatically at certain times, in accordance with a "crontab" file set up by each user), are allowed on JustLikeThat.hosting servers, subject to the following conditions and restrictions:
    1. To be used only by customers of the SSD-3000 package and higher.
    2. The job must not execute more often than every two hours.
    3. If a cron job is likely to consume excessive CPU usage, it should be given a lower CPU priority.
  7. Resource limits are enforced by automatic monitoring systems. This is not applicable to Fully Managed Dedicated servers, providing that it does not interfere with JustLikeThat.hosting’s ability to manage the server on the customer’s behalf.

5. Server side processes

(Last updated: 13 April 2015)

  1. The installation or operation of any stand-alone, unattended server-side process (daemons) on JustLikeThat.hosting servers, with the exception of cron jobs as per point 4 above, is not possible. Violation of this policy will result in immediate account termination without warning. This is not applicable to JustLikeThat.hosting’s dedicated servers, providing that it does not interfere with JustLikeThat.hosting’s ability to manage the server on the customer’s behalf.
  2. This policy exists for several reasons:
    1. To protect the CPU and memory resources available on each server.
    2. To protect and enhance system security by not allowing unapproved third-party programs to accept connections from the outside world.

6. Internet Abuse

(Last updated: 13 April 2015)
JustLikeThat.hosting customers must take reasonable security precautions. Negligence could result in the hacking of websites as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other JustLikeThat.hosting customers through blacklisting, phishing or spamming.

  1. It is the customer’s responsibility to ensure that scripts/programs installed under their account are secure (using the latest version) and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that customers use a secure password. If a password is found to be weak, JustLikeThat.hosting will notify the user and allow time for the user to change/update the password. Failure to make a password change that inadvertently leads to the website being compromised could result in the user’s account being suspended / terminated.
  2. Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. Customers should not use a common word as a password and should change their passwords regularly. In the event of abuse JustLikeThat.hosting reserves the right to reset a password.

7. Security

(Last updated: 13 April 2015)

  1. JustLikeThat.hosting customers must take reasonable security precautions. Negligence could result in the hacking of websites as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other JustLikeThat.hosting customers through blacklisting, phishing or spamming.
  2. It is the customer’s responsibility to ensure that scripts/programs installed under their account are secure (using the latest version) and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that customers use a secure password. If a password is found to be weak, JustLikeThat.hosting will notify the user and allow time for the user to change/update the password. Failure to make a password change that inadvertently leads to the website being compromised could result in the user’s account being suspended / terminated.
  3. Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. Customers should not use a common word as a password and should change their passwords regularly. In the event of abuse JustLikeThat.hosting reserves the right to reset a password.

8. Disk usage

(Last updated: 13 April 2015)

  1. Accounts with many files can have an adverse effect on server performance. JustLikeThat.hosting has the following limit: 100 000 files (i.e. an email, webpage, image file, folder etc.), or 25 000 files per folder. Accounts exceeding the above limit will have those files and/or folders excluded from our backup system.
  2. Using our servers as a personal storage facility is not permitted. Any content stored must be directly related to the website(s) in question.
  3. Mailboxes that build up large volumes of email without being accessed are not allowed (e.g. catchall mailboxes or bounce message mailboxes). The primary cause of excessive disk usage can be due to customers having their catchall address enabled, yet never checking their primary account mailbox. Over time, tens of thousands of messages build up, pushing the account past our file limit.
  4. Email older than five years may not be stored on the server.
  5. Individual emails that are 5MB or larger may not be stored on the server for more than 1 month.
  6. JustLikeThat.hosting has a disk usage quota in place for its Web Hosting packages. Where applicable, customers are sent monthly emails from JustLikeThat.hosting notifying them of domains that have exceeded the allocated quota, providing an opportunity to reduce disk space or upgrade to a higher package in order to avoid unnecessary charges for over-usage. Customers can regularly monitor their disk usage via cPanel by clicking on ‘Disk Usage’ under Statistics & Reports, which will give customers a reading of the total size of the package together with a summary of individual folder sizes.
  7. In order for JustLikeThat.hosting to operate with greater efficiencies and for our customers to have the flexibility and control of actively managing their disk space, an automated system tracks, notifies and charges for over-usage.

9. Web Hosting Traffic Usage

(Last updated: 13 April 2015)

  1. Our Web Hosting packages do not have a set quota on the data transfer (traffic) provided as we’d like our customers to have the resources needed to offer a viable, growing online presence. However, it is expected that all customers comply with this Acceptable Use Policy, designed to preserve JustLikeThat.hosting’s server and network performance for the benefit of all our customers. Our Web Hosting packages are not suited to support the sustained demand of large enterprises; in such cases a dedicated server would be more appropriate.
  2. Using a Web Hosting package primarily for online file storage or archiving electronic files is not permitted.
  3. Streaming excessive video or hosting music on a Web Hosting package is prohibited.

PRIVACY POLICY

1. Introduction

Unless the context clearly indicates to the contrary, any capitalised term in this Privacy Policy shall bear the same meaning as defined in the JustLikeThat.hosting General Terms located on our Hosting Terms which definitions shall be deemed to have been incorporated herein by reference.

2. Compliance with Applicable Law

Protecting Customer privacy is of utmost importance to JustLikeThat.hosting. Accordingly, JustLikeThat.hosting has developed this Privacy Policy in order to safeguard the Customer's personal information and to protect the confidentiality thereof.

3. No Liability for Unauthorised Disclosure 

While JustLikeThat.hosting will do all things reasonably necessary to protect the Customer's rights of privacy whilst on the JustLikeThat.hosting website, JustLikeThat.hosting cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer's personal and confidential information made by third parties who are not subject to JustLikeThat.hosting 's control.

4. Personal Information

For purposes of this Privacy Policy, "personal information means the Customer's name, surname, address, e-mail address, telephone number, cellphone number, ID number, physical address, company name, contact ID number, credit card or banking details."

5. Consent to Collection

By accepting the JustLikeThat.hosting Hosting Terms, the Customer consents to JustLikeThat.hosting's collection of personal information on an ongoing basis for the continued duration of the Customer's relationship with JustLikeThat.hosting, subject to the limitations set out in this Privacy Policy.

6. Types of Personal Information Collected

JustLikeThat.hosting collects personal information when a Customer submits an application form to make use of JustLikeThat.hosting's Services, to become a Reseller of JustLikeThat.hosting or to respond to a JustLikeThat.hosting survey.

7. Cookies

We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer's hard drive and which contains information about you, so that the next time you visit the JustLikeThat.hosting website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser.

8. Customer Data

The Customer Data collected by JustLikeThat.hosting is used solely in connection with granting you access to the website, to cPanel and for purposes of monitoring the Reseller/Customer's use of the website so as to limit or prevent breaches of security. JustLikeThat.hosting may also use information collected for research regarding the effectiveness of the JustLikeThat.hosting website and related marketing and advertising efforts. Electronic communications will be sent by JustLikeThat.hosting using the Customer’s personal contact information to inform him of new products, important industry news or about general services provided by JustLikeThat.hosting. JustLikeThat.hosting adheres strictly to permission-based email standards and as such all emails that are sent will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communication will be sent to the Customer.

9. Service Announcements

In order for JustLikeThat.hosting to fulfil its service obligations it is necessary to send out a strictly service related announcement. For instance, JustLikeThat.hosting will send an email to relevant Customers if JustLikeThat.hosting anticipates a service interruption as a result of system maintenance. Generally, Customers may not opt-out of these communications. These communications are not promotional in nature.

10. Disclosure of Personal Information

Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, JustLikeThat.hosting marketing and contract administration as well as to enable us to collect your debit order payment. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by JustLikeThat.hosting.

Information collected from Customers may be disclosed to independent contractors and business partners, including JustLikeThat.hosting’s payment processors and mail marketing service provider, provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for JustLikeThat.hosting, and (iii) observe JustLikeThat.hosting’s information handling procedures.

11. Retension of Personal Information 

All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 10 above.

12. Accurate and Up To Date

JustLikeThat.hosting will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause10 above, and JustLikeThat.hosting shall, from time to time, request the Customer to update its personal information on the website or via cPanel. You are able to review or update any personally identifiable information that we hold on you by accessing your account via cPanel or by e-mailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

13. Security

JustLikeThat.hosting uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in JustLikeThat.hosting s Customer Database.