At MAAKmy.com (MAAKmy.co.za & MAKEmy.co.za) we'd love to help you design and host your website. To protect the service and all our users, there are some guidelines that we must insist on. These guidelines and the Terms of Service will govern your use of the services we offer at MAAKmy.com, if you don't accept these terms, don't sign up or use the service.
In case you deliberately ignore these rules we might block your access or shut down your MAAKmy.com hosted website, so please read them. In case of a problem we'll attempt to contact you, but it may not be possible to do this in every case.
These user guidelines serve as a shorter, more readable digest of the Terms of Service, in any case where there is a conflict of meaning, the Terms of Service will overrule the Guidelines.
As a service provider or agent, we cannot allow any illegal, prejudicial or dangerous content and any such content found on the websites we host will be removed by our administrators without consulting you. We will decide if what you post puts our service at risk and if we engage with you about such offences, it is at our own discretion.
If we fail to find and remove such content and are prosecuted, you will be held legally responsible for posting it and be required to assist in defending or settling any dispute - so make sure you don't step on anyone else's copyright, legal rights or dignity. We don't allow fraud, cyber-bullying or sexually explicit content, so don't try it.
We try to be a friendly service that does no harm.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of our services. If these terms and conditions are considered an offer by MAAKmy.com, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
Your MAAKmy.com Account and Site. If you host a blog or website on the service made available to you through MAAKmy.com, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MAAKmy.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MAAKmy.com liability. You must immediately notify MAAKmy.com of any unauthorized uses of your blog, your account or any other breaches of security. MAAKmy.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog or CMS website, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.
By submitting Content to MAAKmy.com for inclusion on your Website, you grant MAAKmy.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows MAAKmy.com to make publicly-posted content available to third parties selected by MAAKmy.com (through the RSS feeds and similar technologies, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services.
You also give other MAAKmy.com users permission to share your Content on other MAAKmy.com hosted websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to yourhosted website.
If you delete Content, MAAKmy.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MAAKmy.com has the right (though not the obligation) to, in MAAKmy.com’s sole discretion (i) refuse or remove any content that, in MAAKmy.com’s reasonable opinion, violates any MAAKmy.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MAAKmy.com’s sole discretion. MAAKmy.com will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal. General Terms.
Paid services such as hosting, extra mailboxes and extra storage, or domain purchases are available on via MAAKmy.com (any such services, an “Upgrade”). By signing up for website hosting or selecting an Upgrade you agree to pay MAAKmy.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
In case your website traffic or e-mail allowance surpasses the indicated quota for that month, MAAKmy.com will be entitled to charge a fee to cover reasonable costs at the end of the month and you will be liable to pay this amount or, at MAAKmy.com's discretion, agree to an Upgrade package that will run for at least three months after the face and increase the quotas at the cost indicated by MAAKmy.com.
Unless you notify MAAKmy.com before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Please contact us at least 24 hours in advance to cancel an Upgrade subscription.
Responsibility of Website Visitors.
MAAKmy.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MAAKmy.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MAAKmy.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MAAKmy.com or hosted sites link, and that link to MAAKmy.com or sites hosted on the service. MAAKmy.com does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, MAAKmy.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MAAKmy.com disclaims any responsibility for any harm resulting from your use of linked websites and webpages.
As MAAKmy.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MAAKmy.com violates your copyright, you are encouraged to notify MAAKmy.com. MAAKmy.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MAAKmy.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MAAKmy.com or others. In the case of such termination, MAAKmy.com will have no obligation to provide a refund of any amounts previously paid to MAAKmy.com.
Intellectual Property. This Agreement does not transfer from MAAKmy.com to you any MAAKmy.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MAAKmy.com. MAAKmy.co.za, MAKEmy.co.za, the MAAKmy.com logo, and all other trademarks, service marks, graphics and logos used in connection with MAAKmy.com, or the Website are trademarks or registered trademarks of MAAKmy.com or MAAKmy.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MAAKmy.com or third-party trademarks.
Advertisements. MAAKmy.com reserves the right to display advertisements on your website unless you have a paid account for website hosting.
Attribution. MAAKmy.com reserves the right to display attribution links such as ‘designed by MAAKmy.com’, 'hosted on MAAKmy.co.za' theme author, and font attribution in your website footer or toolbar.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration and Customer Service Agreement.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using MAAKmy.com within the designated notice period. Your continued use of MAAKmy.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. MAAKmy.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MAAKmy.com account (if you have one) you must contact MAAKmy.com before the next payment date. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Termination due to non-payment.
MAAKmy.com may terminate your access to all or any part of your hosted website if payment is not received on any amount outstanding on your account. If you have signed up for paid hosting, a non-payment gap of two months will serve as notice of termination, you will still be liable for payment of the outstanding hosting fees up to the time your website is shut down if this occurs. MAAKmy.com may charge an administration fee to restore your website if you pay all outstanding fees after non-payment termination and wish to continue hosting your website as before.
Disclaimer of Warranties.
The Website is provided “as is”. MAAKmy.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAAKmy.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will MAAKmy.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MAAKmy.com under this agreement during the twelve (12) month period prior to the cause of action. MAAKmy.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless MAAKmy.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Gauteng, South Africa, without giving effect to its conflict of laws provisions.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. MAAKmy.com may assign its rights and obligations under these Terms of Service and upon such assignment MAAKmy.com may be relieved of any further obligation hereunder.
These Terms of Service constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of MAAKmy.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Your privacy is critically important to us. At MAAKmy.com we have a few fundamental principles:
We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your race, gender or income level for no apparent reason.)
We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We don’t store personal information on our servers unless required for the on-going operation of one of our services.
We provide a secured service (please ensure that you can see the green lock on your browser and "https://" in your address bar) to ensure that any data you send to us using forms on our website is encrypted during transmission.
If you have questions about deleting or correcting your personal data please contact us.
It is MAAKmy.com's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, MAAKmy.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. MAAKmy.com's purpose in collecting non-personally identifying information is to better understand how MAAKmy.com's visitors use its website. From time to time, MAAKmy.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
MAAKmy.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on our CMS pages. MAAKmy.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to MAAKmy.com's websites choose to interact with MAAKmy.com in ways that require MAAKmy.com to gather personally-identifying information. The amount and type of information that MAAKmy.com gathers depends on the nature of the interaction. For example, we ask visitors who sign up to our MAAKmy.com blog to provide a username and email address. Those who engage in transactions with MAAKmy.com – by registering for design services or website hosting service, for example – are asked to provide additional information, including as necessary the personal and financial information required to make out tax invoices for transactions. In each case, MAAKmy.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with MAAKmy.com. MAAKmy.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
MAAKmy.com may collect statistics about the behavior of visitors to its websites. For instance, MAAKmy.com collects data on the number of visitors to each page on their websites and how they interact with the information presented to help us better understand our audience. MAAKmy.com may display this information publicly or provide it to others for the purposes of marketing our services, however MAAKmy.com does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
MAAKmy.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on MAAKmy.com's behalf or to provide services available at MAAKmy.com's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MAAKmy.com's websites, you consent to the transfer of such information to them. MAAKmy.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, MAAKmy.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when MAAKmy.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of MAAKmy.com, third parties or the public at large. If you are a registered user of an MAAKmy.com website or hosting and have supplied your email address, MAAKmy.com may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with MAAKmy.com and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. MAAKmy.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If MAAKmy.com, or substantially all of its assets, were acquired, or in the unlikely event that MAAKmy.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of MAAKmy.com may continue to use your personal information as set forth in this policy.