- “Client Software” means software that is installed on a Device that allows the Device to access or utilise the Products.
- “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone”, server or any other hardware or electronic device where software can be installed that would allow End User to interact with the Product.
- “Microsoft” means the Microsoft Corporation available here and its affiliates.
- “Server Software” means software that gives service or functionality on a computer acting as a server.
- “Software Services” means services that Afrihost provides to you that make available, display, run, access or otherwise interact, directly or indirectly with the Products. Afrihost must provide these services from data centre(s) through the Internet, a telephone network or private network, on a rental, subscription or services basis whether or not Afrihost receives a fee. Software Services exclude any services involving installation of a Product directly on any End User device to permit and End User to interact with the Product.
- The Products are licensed to Afrihost from an affiliate of Microsoft. Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, font, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access or use of the Software Products does not transfer any ownership of the Products or any intellectual property rights to you.
- You may use the Client Software installed on your Devices only in accordance with your agreement with Afrihost and the terms under these Licence Terms and only in connection with the Software Services provided to you by Afrihost. The terms of these Licence Terms permanently and irrevocably supersede the terms of any Microsoft End User Licence Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
- You may not make copies of the Products. You may not copy any digital or printed materials accompanying the Products.
- You may not reverse engineer, decompile or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
- You may not rent, lease, lend, pledge or directly or indirectly transfer or distribute the Products to any third party and you may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with these License Terms and any agreement between you and Afrihost.
- You may not resell the Products to any third party.
- You agree to use the dedicated hosting services solely for lawful purposes and in compliance with all applicable laws, regulations and Afrihost’s terms and conditions which include, but is not limited to, Afrihost’s:
- General Terms and Conditions found here;
- Domain and hosting terms and conditions found here;
- Acceptable Use Policy found here; and
- Sanctions policy found here.
- If Afrihost discovers an alleged violation of Afrihost’s terms and conditions, as above, or Microsoft’s Terms of Use, Afrihost will initiate an investigation. During the investigation, Afrihost may restrict your access in order to prevent further potentially unauthorised activity.
- You agree that you will be solely responsible and accountable for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, or from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
- Without prejudice to any other rights, Afrihost may terminate your rights to use the Products if you fail to comply with these Licence Terms. In the event of termination or cancellation of your agreement with Afrihost or Afrihost’s agreement with Microsoft under which the Products are licensed, you must stop accessing, using and/or managing the Products, and destroy all copies of the Products and all of its components within 30 (thirty) days of termination of your agreement with Afrihost or Afrihost’s agreement with Microsoft under which the Products are licenced, as the case may be.
- Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services.
- Any warranties, liability for damages and remedies, if any, are provided solely by Afrihost and not by Microsoft, its affiliates or subsidiaries.
- Afrihost disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Afrihost or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services.
- Afrihost shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Products or Software Services.
- Any additional applications, products or services which you procure, over and above what is explicitly billed for by Afrihost is considered your risk and/or liability. Afrihost will not be responsible for any direct, indirect or consequential costs or damages arising from the use or procurement of such additional applications, products or services.
- Any support for the Software Services is provided to you by Afrihost or a third party on Afrihost’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.
- The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person or to severe physical or environmental damage (“High Risk Use”).
- The Products are subject to U.S. export jurisdiction. You must comply with all applicable international and national laws including the U.S. Export Administration Regulations, the Internation Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see here.
- In addition to any liability you may have to Afrihost, you agree that you will also be legally responsible directly to Microsoft for any breach of these Licence Terms.
- This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, unless the context indicates otherwise.
- Afrihost reserves the right to modify, amend or update this agreement at any time.
- You will be notified of any changes to this agreement and should you not agree to the changes, you may not access the website or use any services.
- This agreement constitutes the entire agreement between the parties and supersedes all prior arrangements and understandings relating to the subject matter of this agreement.
