Terms & conditions

This page is dedicated to our terms and conditions. It outlines the guidelines and agreements for using our services. By accessing our platform, you agree to abide by these terms. It covers copyright & linking, our refund policy, privacy policy, acceptable usage policy, customer service agreement, adult material policy, and bandwidth & resources.

Copyright & linking

This web site is copyright of 123media. Its contents may not be copied using any means nor may its contents be duplicated in any form.

Referencing pages herein through links is allowable under the following conditions:

There must be no attempt to disguise 123media.
123media must be cited in the reference.
The URL of the referenced page must be clearly visible.
Referenced pages must not be displayed in frames or iframes.
Either a new document window is opened, or the existing page replaced by the referenced one.
References may not be made to pages contained within frames or iframes. Instead, the reference must be made to the parent document.

References to other websites or pages herein have been made in accordance with the conditions which we impose on others. It is never our intention to disguise authorship. We believe that it is in the interest of internet users that such references are made, so long as there is not an unfair attempt to exploit other people's work.

Refund policy

Each of 123media's web hosting plans come with a 14 day money back guarantee. If you are not completely satisfied with our services within the first 14 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Please note that refunds are processed within 7 days if paid via EFT. Credit card refunds are processed within 2 business days and it can take up to 5 business days to be available again on your card.

Domain registrations are not refundable.

All cancellations must be forwarded to hello@123media.co.za. Your service can also be directly cancelled in our billing area. All other forms of notice will not constitute acceptance of any cancellation.

Privacy policy

last updated: 28 June 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 123media CC, 213 Jigger Ave, Firgrove Rural, Cape Town, 7110.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: South Africa.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company — third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on Our behalf, perform Service-related services, or assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to 123media, accessible from 123media.co.za.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and using your personal data

Personal Data. While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You, including but not limited to: email address, first and last name, phone number, and address/state/province/ZIP or postal code/city.

Usage Data. Usage Data is collected automatically when using the Service, and may include Your device's IP address, browser type and version, the pages of our Service that You visit, the time and date of Your visit, time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service through a mobile device, We may also collect the type of mobile device, a unique device ID, mobile IP address, mobile operating system, and mobile browser type.

Tracking technologies and cookies. We use cookies and similar tracking technologies (beacons, tags and scripts) to track activity on Our Service and store certain information:

Cookies or browser cookies. You can instruct Your browser to refuse all cookies or to indicate when one is being sent. If You do not accept cookies, some parts of our Service may not work.
Flash cookies. Certain features may use locally stored objects to collect and store information about Your preferences or activity, which are not managed by the same browser settings as standard cookies.
Web beacons. Certain sections of our Service and emails may contain small electronic files (clear gifs, pixel tags, single-pixel gifs) that permit the Company to, for example, count users who visited a page or opened an email.

Cookies can be "persistent" (remain after you go offline) or "session" (deleted when you close your browser). We use both for the purposes below:

Necessary / essential cookiessession — required for core Service features
Cookies policy / notice acceptancepersistent — remembers your cookie consent
Functionality cookiespersistent — remembers preferences like login details or language

Use of your personal data

The Company may use Personal Data to: provide and maintain our Service (including monitoring usage); manage Your account and registration; perform a contract; contact You; provide news, special offers and general information; manage Your requests; for business transfers; and for other purposes such as data analysis and improving our Service, products, marketing and Your experience.

We may share Your personal information: with Service Providers, for business transfers, with Affiliates, with business partners, with other users, or with Your consent.

Retention, transfer and disclosure of your data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy, and will retain Usage Data for internal analysis purposes except where longer retention is required by law.

Your information, including Personal Data, may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where data protection laws may differ.

The Company may disclose Your Personal Data in connection with a business transaction (merger, acquisition or asset sale), in response to a valid legal or law enforcement request, or in the good-faith belief that doing so is necessary to comply with a legal obligation, protect the Company's rights or property, investigate possible wrongdoing, protect the personal safety of users or the public, or protect against legal liability.

Security & children's privacy

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure.

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13.

Links, changes & contact

Our Service may contain links to other websites that are not operated by Us. We may update this Privacy Policy from time to time; changes are effective when posted on this page.

Questions about this policy can be sent to hello@123media.co.za or via our contact page.

Acceptable use

Acceptable usage policy

By using our web hosting services, you agree to comply with our policies, rules and conditions. You are expected to use the Internet with respect, courtesy and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

The provisions of this policy are intended as guidelines and are not meant to be exhaustive. The following are unacceptable uses:

Illegal use

123media's servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited, including but not limited to unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, theft, and other illegal activities.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability.

Tortious conduct

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflict emotional distress, or violate trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. No bulk or mass emailing of any kind is permitted on shared hosting services.

The sending or facilitation of email campaigns related to high-risk or commonly abused industries is strictly prohibited on all shared hosting services, including but not limited to:

Pharmaceutical products (including supplements and unregulated medication)
Weight loss products or programs
Adult content or services
Gambling or betting services
Cryptocurrency, forex trading, or "get rich quick" schemes
Bulk marketing lists, lead generation, or purchased email databases

It is also contrary to 123media's policy for customers to: post off-topic articles to newsgroups, mailing lists or similar groups according to that group's published charter or FAQ; send unsolicited mass e-mailings (including any bulk or high-volume email campaign from shared hosting), especially where this provokes complaints from recipients; channel such activities through a 123media-provided server while using another provider's service, or use a 123media server as a maildrop for responses; or falsify user information provided to 123media or other users in connection with use of a 123media service.

Enforcement

When 123media becomes aware of an alleged violation of this Acceptable Use Policy, 123media will initiate an investigation within 24–72 hours. During the investigation, 123media may restrict Customer access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, 123media may, at its sole discretion, restrict, suspend or terminate the Customer's account and/or pursue other civil remedies.

123media does not issue service credits for any outages incurred through service disablement resulting from policy violations. The Customer shall be held liable for any and all costs incurred by 123media as a result of the Customer's violation of these terms and conditions.

First violations will result in a cleanup fee of R2,500 and the customer's account will be reviewed for possible immediate termination. A second violation will result in a cleanup fee of R5,500 and immediate termination of the customer's account. The Customer who violates this policy agrees to also pay investigation fees of no more than R500 per hour for the time 123media personnel spend investigating any violations.

123media reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Report network abuse to support@123media.co.za.

Customer service agreement

This is an agreement between you and 123media regarding your use of 123media's computers, interactive information, communication and server management service. Please read these terms and conditions carefully.

123media will provide a service to the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen service, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
Cancellation may be done via email. You can cancel before the 15th of any month and your service will stop on the first of the next month. If you cancel after the 15th, you will be charged for the following month and your service will be cancelled on the 1st of the following month.
123media's services are 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.
The Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws.
Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder.
The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups.
The Account Holder agrees not to harm 123media, its reputation, computer systems, programming and/or other persons using 123media's services.
123media's shared accounts operate on shared resources. Shared hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises or high traffic websites.
The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of 123media.
If the Account Holder sells or resells advertising or web space to a third party, the Account Holder will be responsible for the contents of that advertising and the actions of that third party.
123media will use its best efforts to maintain a full time Internet presence for the Account Holder.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account.
If 123media assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the 123media services, the right to use that Internet Protocol address will remain with and belong only to 123media.
This Agreement constitutes the entire agreement between the Account Holder and 123media with respect to the 123media services and supersedes all prior agreements between the Account Holder and 123media.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings.
The Account Holder agrees to indemnify and hold 123media harmless from any and all claims resulting from or connected with any activities conducted by the Account Holder.
123media may include the Account Holder's name and contact information in directories of 123media's service subscribers for the purpose of promoting the use of the services by additional potential clients.
The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules).
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world, it is difficult to dictate what is considered "adult material" — see the Adult Material section below.
In the case of the 6-month Bulk Email subscription, this agreement shall be automatically renewed on a month‑to‑month basis should the Client not give one calendar month's notice.
Virtual account holders (Web Hosting) can receive a refund if the account is cancelled within the initial 14 days after sign-up. Reseller account holders can receive a refund if the account is cancelled within the initial 7 days after sign-up. Bulk Email account holders may cancel their account within 14 days after sign-up. If the account holder cancels after the time period specified, no refund will be given. Domain registrations are not refundable.
Once your account has exceeded its allotted resource limits (such as, but not limited to, bandwidth or disk space), additional fees will be applied. See our hosting package pages for current pricing and general information.
If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 10% per month until the outstanding balance is paid in full.
If an account holder reverses a credit card charge, a R200 chargeback fee will be applied to the customer's account. Failed debit orders incur a charge of R45.
If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a R300 collection fee added to the previously due balance.
All accounts are subject to verification. Depending upon the service provided, 123media may be obliged under RICA to obtain certain information and documents from the Client.
You agree that 123media may establish limits concerning use of any 123media service offered on any 123media website.
In the event of non-payment, you agree to 123media's right to place a "non-payment" page on your domain.
123media may temporarily deny service or terminate this Agreement upon the failure of the Account Holder to pay charges when they become due.
The responsibility of all passwords and other related sensitive information is assumed by the account holder.
Limitation of liability. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement, is solely limited to the amount you paid for such Service(s).
Traffic overage disputes. Should you wish to dispute a traffic overage charge, you may do so by requesting an overage investigation.

Adult material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world, it is difficult to dictate what is considered "adult material." 123media considers the following to be Adult Material:

Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.

123media reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Bandwidth & resources

A virtual server is a shared environment where many websites and domains reside on each particular server. Consider that an average "adult site" gets more hits than 100 standard websites — some of the smaller adult sites get around 5GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high-traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.