East Coast Access reserves the right to suspend or terminate the service of any customer that does not comply with our Terms and Conditions, Acceptable Use Policy, or any other contractual obligation.
Basic Terms of Contract
For all business relations between East Coast Access and the customer, the following General Terms and Conditions and the information on this website apply:
- East Coast Access does not accept any alternative General Terms and Conditions of the customer.
- East Coast Access is entitled to change these General Terms and Conditions at any time. The changes become effective for the customer, if the customer does not object to them, within 14 days of their announcement.
- In the case of an objection, East Coast Access is entitled to terminate the contract after a 1-month notice period.
- These General Terms and Conditions and the future changes to them can be accessed on the East Coast Access public website(www.eca.co.za) at all times.
- The customer is obligated to take notice of the General Terms and Conditions of East Coast Access as well as all respective appendices relevant to the customer and to save them.
Offer and Conclusion of Contract
- A contract is only closed through the written or electronic confirmation of the application by East Coast Access or if the purchase is fulfilled.
- Should services of East Coast Access only be partially deliverable, the customer will also accept part delivery.
- All prices listed on the website of East Coast Access are binding and subject to change without notice.
- The customer undertakes to check the order confirmation of East Coast Access and to notify East Coast Access in the event of any mistakes and/or discrepancies.
- In the procurement and administration of domains, East Coast Access only acts as a mediator between the customer and the institutions authorized with the administration of the central databases and their registrars. As it has no influence on the distribution process of domain names and/or the rights of third parties involved, East Coast Access cannot give any guarantee for the actual registration of the domain which the customer applied for, or for the continued existence of a registered domain.
- The customer guarantees that the domain name in the registration application and the intended use of the domain do not interfere with the rights of any third party. The customer further guarantees that no penal and monetary fine regulations, nor any other legal regulations, are violated.
- East Coast Access has the right to carry out registrations via an authorized registrar, an intermediary or directly. In this respect, the terms and conditions of the registrar or the intermediary additionally apply. These terms and conditions can be accessed on the web pages of East Coast Access.
- Domains are administered by a multitude of different, typically national organisations. Each of these organisations has different terms and conditions for the registration and administration of domains and for the proceedings in the event of domain name disputes. In so far as domains are a subject matter of the contract, the terms and conditions for the registration of domains of the respective competent organization additionally apply. The customer is obligated to take notice of these registration terms and conditions and to save them.
- The customer agrees to clarify and resolve all domain disputes in accordance with the dispute resolution regulations of the competent organization. These regulations may be written in the language of the respective country and thus may differ from the contract language.
- The customer accepts that East Coast Access, in the event of arbitration, may be obligated to block or cancel a domain or to transfer the domain to a third party.
Availability of Online Systems
- East Coast Access generally guarantees the availability of their online systems 7 days a week, 52 weeks a year. The guaranteed annual availability mean is 97%. However, this excludes times when maintenance work is carried out and when single or all users, due to technical or other problems which are outside of the influence of East Coast Access (force majeure, the acts of third parties, and so on) are not accessible on the internet.
Limitation of Liability
- East Coast Access cannot be held liable for mistakes, delays of services and server downtimes outside of their influence, in particular outside of their network and databases. In the event of such disruptions, East Coast Access is entitled to postpone the delivery or service by the time of the duration of the disruption plus an appropriate start-up time. East Coast Access further has the right to limit the access to the services if the security of the network operation, the upkeep of the network integrity, in particular the avoidance of grave disturbances of the network, the software or the stored data should require such actions.
- By accessing the registration system and using the services of East Coast Access, the customer agrees to indemnify East Coast Access, agents, partners, ICANN, the central registry as well as all persons involved in the registration process with respect to all claims, demands, liabilities and/or costs resulting from an illegal use of a domain name registered by the customer. This also applies to all claims resulting from force majeure, intervention by government or administrative authorities, strike, unrest, war, natural disasters, scarcity of general telecommunication services or similar influences that are outside of the direct influence of East Coast Access.
Duration of Contract and Termination
- Should East Coast Access within service contracts provide any services free of charge, such services can be terminated at all times without giving any reasons and notice. However, in the event of such cases, East Coast Access will terminate the services with a 1-month notice period.
- In the case of registration or transfer of domains, the duration of contracts and their renewals, depending on the respective domain, can be between 1 and 10 years.
- For registered domains, the contract will automatically be renewed for further 12-month periods, unless the contract is terminated with at least 3 months’ notice before the expiration of the then current term.
- The customer will be informed of his obligation to pay no later than 30 days before the end of the term of contract. Should the fee for renewal not be paid in time for the renewal or should the customer not show the necessary balance at East Coast Access, which can be set against the fee, East Coast Access is entitled to discontinue its services and to cancel domains.
- In the case of cancellation of domains, East Coast Access is entitled to the continuation of the complete payment for the registration of the duration of the agreed accounting period. There is no prorated refund.
- Should East Coast Access, in accordance with the terms and conditions of the respective registrar, not be able to maintain the sub-level domain of the customer, East Coast Access has the right to terminate the contract with the customer on these services for cause within a 14-day notice period by the end of the month.
Data Privacy Protection
- The customer guarantees that all data submitted by him is correct and complete. By changing the data via the web interface, the customer further agrees that these modifications are correct and true. The customer acknowledges that providing incorrect data will lead to the immediate forfeiture of all rights resulting from the service. In such cases, there will be no refunds.
- East Coast Access is authorized to process and use customer data to consult customers and to improve its service offer, tailoring it to meet the needs of the customer.
- The customer at all times is entitled to be informed, free of charge, on his personal data stored.
- The customer agrees to East Coast Access sending information and marketing emails to the customer’s email address.
Responsibilities of the Customer
- The customer undertakes to keep passwords given to him by East Coast Access (for the access to the services) strictly confidential and to notify East Coast Access immediately should he learn about any unauthorized access to the passwords by third parties. Should third parties receive access to services offered by East Coast Access through the abuse of these passwords, due to fault of the customer, the customer is liable to East Coast Access for all user fees and damages.
- The customer agrees not to send or to have sent any emails containing any type of advertisement without the explicit agreement of the respective recipient. In particular, this applies if the respective emails all have the same content and are sent out in a mass mailing (so-called spamming). Should the customer violate this obligation, East Coast Access has the right to block all services immediately and to hold the customer liable for all resulting damages.
- The customer undertakes to check the incoming messages in his email accounts at regular intervals of no longer than 2 weeks. East Coast Access is entitled to return incoming personal messages to the sender, should the capacity of the mail box prescribed in the respective package be exceeded.
Prohibited Uses of Services and Products
The Customer may only use the Services and Products in a manner that, in the Company’s sole judgement, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, they should contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
- Resale of Services and Products, without the prior written consent of the Company.
- Deceptive online marketing practices.
- Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
- Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
- System and Network
- Introduction of malicious programs into the network or server (e.g., viruses and worms).
- Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access (for purposes of this Section 2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information).
- Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the Customer’s host (for example, denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
- Creating an “active” full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method.
- Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to the Services and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers.
- Failing to comply with the Company’s procedure relating to the activities of customers on the Company’s premises www.applicationdeveloperscompany.com.