Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to MOILA Hosting or with one of its affiliates, the process requires and results in the creation of the following within the records of MOILA Hosting, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
- If a person contacts MOILA Hosting and claims that he or she is entitled to access to an account, website, or domain registered with MOILA Hosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), MOILA Hosting will give access to the person who acceptably evidences he or she has substantially all of:
i) name of the person with the registered;
ii) email address;
iii) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and,
iv) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, MOILA Hosting will not give access and control to a claimant unless MOILA Hosting is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring MOILA Hosting to give such access and control to said claimant.
- Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control;
- Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against MOILA Hosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases MOILA Hosting from all liability and all claims for damages or any other liability whatsoever that may arise out of MOILA Hosting’s following said policy and procedure.
Transfer of Ownership
MOILA Hosting is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with MOILA Hosting or its affiliates. By accessing MOILA Hosting’s system, registering, or using any of the services provided by MOILA Hosting, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with MOILA Hosting or any of its affiliates are subject to the terms and conditions of this section of these Terms.
- MOILA Hosting will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with MOILA Hosting or its affiliates only in the event that at least one of the following occur:
i) MOILA Hosting is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring MOILA Hosting (or affiliate) to transfer such ownership to said claimant.
- Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within MOILA Hosting; and, further, that any other changes made directly by Subscriber or by others within the online records of MOILA Hosting or of its affiliates shall not be deemed effective to give notice to MOILA Hosting or its affiliates of any changes in said ownership.
Disputing Site or Account Ownership
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by MOILA Hosting or in an associated MOILA Hosting account. MOILA Hosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by MOILA Hosting or in an associated MOILA Hosting account, and, in MOILA Hosting’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then MOILA Hosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves MOILA Hosting of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what MOILA Hosting, in its sole judgment, deems to be a reasonable time, then MOILA Hosting, at its option and without any obligation to do so, may, in accordance with and subject to the laws of South Africa, file an interpleader action in a court of competent jurisdiction within the Republic of South Africa for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse MOILA Hosting for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to MOILA Hosting under this section shall be deemed due and payable immediately after judgment or settlement is reached.
Notification of Transfer of Hosting Account Ownership
Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. MOILA Hosting will not be liable for any inability to access the account due to a failure to release access information. MOILA Hosting reserves the right to accept or reject the request for any reason in its sole and absolute discretion.