Terms & Conditions

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 Web sites 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: June 28, 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

Interpretation

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.

Definitions

For the purposes of this Privacy Policy:

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. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to 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 https://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

Types of Data Collected

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. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features.
Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service.
For the performance of a contract.
To contact You.
To provide You with news, special offers and general information.
To manage Your requests.
For business transfers.
For other purposes, such as data analysis and improving our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers
For business transfers
With Affiliates
With business partners
With other users
With Your consent

Retention of Your Personal Data

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

Transfer of Your Personal Data

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 the data protection laws may differ.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security of Your Personal Data

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.

Children’s Privacy

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 to Other Websites

Our Service may contain links to other websites that are not operated by Us.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: hello@123media.co.za
By visiting this page on our website: Contact Us

Acceptable Usage Policy

By using our web hosting services, you agree to comply with our policies rules & 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 following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, theft, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive.

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.

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 inflicting emotional distress, or violating 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. This includes, but is 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 contrary to 123media’s policy for customers to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send unsolicited mass e-mailings, including any bulk or high-volume email campaigns from shared hosting services, especially if such e-mailings provoke complaints from recipients.
To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a 123media provided server, or using a 123media provided server as a maildrop for responses.
To falsify user information provided to 123media or to other users of the service in connection with use of a 123media’s service.

When 123media becomes aware of an alleged violation of its AUP (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 a 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 R2500 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in a Cleanup Fee of R5500 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.

Modification

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

Reporting Network Abuse: 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.

Cancelation may be done via the following methods:

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 then 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 then 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 promoting the use of the services by additional potential clients.
The interpretation and enforcement of this Agreement shall be governed according 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.”
In the case of the 6month Bulk Email subscription, this agreement shall be automatically renewed on a month to month basis should the CLIENT not give 1 (one) calendar month notice.

Virtual account holders (Web Hosting) can receive a refund if account is cancelled within the initial 14 days after sign up. Reseller account holders can receive a refund if 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, there will be no refund given. Domain Registrations are not refundable.
Once your account has exceeded its alloted resource limits (such as, but not limited to bandwidth or diskspace) additional fee’s will be applied.

NB: please view our ‘hosting package’ pages within our website for current pricing and general information regarding this.
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 charge back fee will be applied to the customers 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 balance previously due.
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 web site.
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 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 Services(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.

What does 123media consider “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 and Resources

A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB 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.