Hosting Terms of Service


TERMS AND CONDITIONS OF SERVICE
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Olio (CZU Studio.CC) website technology service and third-party web hosting service.
 
YOUR USE OF THE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
 

USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of the account, and are at least 18 years of age.

If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name.
 

CONTENTS OF EMAIL MESSAGES AND WEBSITES
You are responsible for the contents of both your email messages and your website and the consequences thereof.


CZU Studio offers website design as a service but takes no responsibility whatsoever for any content supplied by clients and published on websites hosted, developed and designed by CZU Studio.
 
Although we make every effort to ensure proper spelling and grammar, this alone is not sufficient. Just as with any other publishing business, the production of a professional website requires careful proofreading by the website owner. When you provide material to us for you website, it is your responsibility to ensure that all information is correct, free from copyright infringement, and relevant. The information contained within your website is your responsibility. All content is provided by the client of CZU Studio, and CZU Studio  will not be held liable for any issues that may arise due to incorrect information or any issues that relate to copyright infringement.
 
You agree not to do anything that would restrict or inhibit any other person from using and enjoying the Internet. You further agree not to use the services provided by CZU Studio to post any content or send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order.
 
You ALSO agree to abide by all applicable local, state, national and international laws and regulations regarding your use of CZU Studio services.
CZU Studio reserves the right to terminate your account without prior notice if CZU Studio becomes aware of and determines, in its sole discretion, that you have violated any of the above guidelines.
 

APPROPRIATE CONTENT AND ACCOUNT LIMITS
The following limits apply to all hosting accounts:

  • Image galleries may not exceed 100mb
  • No individual file may exceed 50 mb
  • Databases are only to be used for CZU Studio-hosted websites, and no outside access will be granted.

CZU Studio reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement.

 

DATABASE AND SYSTEM ACCESS
CZU Studio makes use of a customised and expanded database driven Content Management System (CMS) to create and manage its websites.

The Content Management System (CMS) and all its related templates, modules and components remain the Property of CZU Studio.

Upon request you, or your desired users can be issued with a front end publisher account on this CMS which will enable them to log in on the website's front end and make changes to your website within the parameters and permissions of the CMS.

Under certain packages you may be granted limited access to the CMS admin area.
 
You will not be granted any access to the files or folders containing the CMS itself or the 'Back End' of the website or server.

 

OWNERSHIP OF WEBSITE DATA
You will be the owner of the domain registered in your behalf by CZU Studio upon full payment for the domain registration. Please note that all new domains registered by CZU Studio will be registered on our hosting account with us being listed as the domain owners. You can use www.checkdomain.co.za to perform a lookup on you domain and should you wish to have your details changed or updated, feel free to contact us and we will update the records with our service provider.
 
Upon payment of the applicable invoice(s), you will be the owner of the content media supplied by yourself for use on your website, or created for you by CZU Studio.

Content media consist of:

  • Text
  • Photographs
  • Diagrams
  • Images
  • Logos
  • Graphic design work.

The Content Management System (CMS) and all its related templates, modules and components remain the Property of CZU Studio.
 

INTERFERENCE WITH THE SYSTEM
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of any other systems accessible through the Internet, including any attempt at unauthorized access.

You agree to adhere to system policies as published by CZU Studio, including restrictions on services available with each service type, restrictions on certain features and content, and all other policies. You agree to abide by any and all future CZU Studio policy decisions.

Failure to observe these policies may include suspension or termination of your account without notice.
 

NO TOLERANCE TO SPAM
CZU Studio takes a zero-tolerance stance against sending unsolicited email, known as spamming.
The accounts of any user who sends spam will be terminated without notice, and the account holder will be billed at a rate of R50 per recipient to whom the message was sent, regardless of whether the messages were sent from an CZU Studio server or from another server advertising a site hosted on CZU Studio servers.

All mailings must comply with the CAN-SPAM act as well as all other applicable laws.
 

MONITORING OF SERVICE PROVIDED
You agree that CZU Studio has the right to monitor the hosting, content management system usage and email services electronically from time to time and has the right to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
 

UPTIME OF WEBSITES
We know that both your website, its content management system and email is important to you and for this reason we make use of a dedicated server rented from one of the world's top web hosting companies. However CZU Studio cannot be held liable should the hosting or email related services be unavailable for any reason whatsoever.

 

REFUND AND PRICING CHANGE POLICY
CZU Studio offers absolutely no refunds under any conditions. CZU Studio also reserves the right to change prices at any time, with or without any notice.
 

INVOICING AND PAYMENTS
All hosting fees payable by the Customer in terms of website hosting are payable in advance on a annual or bi-annual basis, or as specified on the Customer's hosting invoice.

CZU Studio reserves the right to amend or vary the hosting fees from time to time and any amendment or variation of such Service Fees will be deemed to be an amendment of the CZU Studio Hosting Terms of Service.

You acknowledge that it you are not entitled to withhold any payment of any fees due to CZU Studio for any reasons whatsoever.

You also acknowledge that all fees are exclusive of value added tax.

In the event of a dispute arising between the parties, you shall be obliged to continue paying the hosting fees as and when they become due and payable in terms of the CZU Studio Hosting Terms of Service.

 

SUSPENSION OF HOSTING
In the event of non payment of hosting fees or any other fees charged by CZU Studio with regard to your website or hosting account, CZU Studio reserves the right to suspend all access to your website and/or email accounts, at its own discretion, until payment has been received. CZU Studio will not be held responsible for any damages, losses or claims as a result of a site being suspended.

 

TERMINATION OF SERVICE
CZU Studio may terminate this agreement and your access to any or all CZU Studio related services at any time, with or without cause, effective immediately, and without any refund of any kind.

CZU Studio shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
 
You may terminate this Agreement at any time by contacting CZU Studio. No refund shall be issued. Any account to be canceled must be paid in full at the time of cancellation. CZU Studio will not accept any transfer requests for any domain that has not been paid in full.
 
Upon termination of the hosting service with CZU Studio, you will be supplied with your website content, but CZU Studio takes no responsibility for, and will not be involved in setting up or facilitating the setup of your website on another server or host.
 
Website Content consist of:

  • Text
  • Photographs
  • Diagrams
  • Images
  • Logos
  • Graphic design work.

As set out in DATABASE AND SYSTEM ACCESS, the Content Management System and its components, modules and templates remains the property of CZU Studio, and no part of this Content Management System will be supplied to you upon termination of your hosting account with CZU Studio.

 

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
 

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
The CZU Studio service provided is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CZU Studio expressly disclaims any representation or warranty that the CZU Studio service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by CZU Studio or its employees, will create a warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will CZU Studio, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CZU Studio service, including but not limited to reliance on any information obtained on the CZU Studio service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CZU Studio records, programs or services.
 
You hereby acknowledge that this provision will apply whether or not CZU Studio is given notice of the possibility of such damages and that this provision will apply to all services available from CZU Studio and its affiliates.

Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.

The terms of this section shall survive the termination of this agreement for whatever reason.
 

FORCE MAJEURE
If by reason of failure of telecommunications or Internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of CZU Studio, CZU Studio is unable to perform in whole or in part its obligations as set forth in this Agreement, then CZU Studio shall be relieved of those obligations to the extent it is so unable to perform, and such inability to perform shall not make CZU Studio liable to you.
 

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
 

INDEMNIFICATION
You agree to defend, indemnify and hold harmless CZU Studio against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of your relationship with CZU Studio.
 

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
 

WAIVER
The failure of CZU Studio to enforce a provision of this Agreement shall not be construed as a waiver or limitation of CZU Studio's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 

MODIFICATION OF TERMS
CZU Studio reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the CZU Studio or Olio website.

You are responsible for regularly reviewing these documents. Continued use of the CZU Studio services after any such changes shall constitute your consent to such changes.

CZU Studio does not and will not assume any obligation to notify you of any changes to the Terms of Service.