Website Terms of Use

Effective Date: [Insert Date]
Last Updated: [Insert Date]
Version: 1.0

1. INTRODUCTION

1.1 These Website Terms of Use ("Terms") govern your access to and use of the Hostabby website, including www.hostabby.com, together with any related websites, portals, online platforms, customer areas, web applications and digital services operated by or on behalf of Hackabby Pty Ltd trading as Hostabby ("Hostabby", "we", "us" or "our").

1.2 These Terms apply whether you access the Website as a guest, prospective customer, existing customer, registered user, reseller, supplier or other visitor.

1.3 By accessing, browsing or using the Website, you acknowledge that you have read, understood and agree to comply with these Terms.

1.4 If you do not agree with these Terms, you must immediately discontinue use of the Website.

1.5 These Terms must be read together with any other policies, notices or legal documents published on the Website, including where applicable:

• Hostabby Master Terms and Conditions;
• Hosting Acceptable Use Policy;
• Privacy Policy;
• POPIA Privacy Notice;
• Cookie Policy;
• Domain Registration Terms;
• Service Level Agreements;
• Data Processing Agreement; and
• applicable service-specific terms.

1.6 Where a customer enters into a separate written agreement with Hostabby, that agreement will govern the relevant Services to the extent of any inconsistency.

2. INFORMATION ABOUT HOSTABBY

2.1 The Website is operated by:

Hackabby (Pty) Ltd
Trading as: Hostabby

Company Registration Number: [INSERT]
VAT Number: [INSERT, IF APPLICABLE]
Registered Address: [INSERT]
Principal Place of Business: [INSERT]
Email: [INSERT OFFICIAL EMAIL]
Website: www.hostabby.com

2.2 Hackabby (Pty) Ltd is a company incorporated under the laws of the Republic of South Africa.

2.3 "Hostabby" is a trading name and brand operated by Hackabby (Pty) Ltd.

2.4 References to "Hostabby", "Hackabby", "we", "us" or "our" in these Terms refer to Hackabby (Pty) Ltd unless the context requires otherwise.

3. ACCESSING THE WEBSITE

3.1 Access to the Website is generally provided on a temporary basis.

3.2 Hostabby reserves the right to:

a. modify the Website;
b. update content;
c. add or remove functionality;
d. restrict access to particular areas;
e. suspend access;
f. withdraw particular services; or
g. discontinue the Website or any part of it.

3.3 Hostabby will endeavour to maintain reasonable availability of the Website but does not guarantee that the Website will always be available, uninterrupted or error-free.

3.4 Hostabby may restrict access to portions of the Website to registered users, customers or authorised persons.

3.5 Hostabby may suspend or restrict access where reasonably necessary to:

a. protect the Website or infrastructure;
b. prevent abuse;
c. investigate suspected unlawful activity;
d. address cybersecurity incidents;
e. perform maintenance;
f. comply with legal or regulatory requirements; or
g. protect other users.

4. USER ACCOUNTS AND SECURITY

4.1 Certain areas of the Website may require registration or authentication.

4.2 Where Hostabby provides a username, password, API key, authentication token or other security credential, you must keep that information confidential.

4.3 You must not:

a. disclose credentials to unauthorised persons;
b. share accounts where sharing is prohibited;
c. circumvent authentication mechanisms;
d. attempt to access another user's account; or
e. permit unauthorised persons to use your account.

4.4 You are responsible for activity conducted through your account unless you can demonstrate that the activity occurred through circumstances for which you are not legally responsible.

4.5 You must immediately notify Hostabby if you suspect:

a. unauthorised access;
b. credential compromise;
c. account takeover;
d. data compromise; or
e. any other security incident affecting your account.

4.6 Hostabby may disable or reset credentials where reasonably necessary to protect the Website, your account, other users or Hostabby infrastructure.

5. ACCEPTABLE USE

5.1 You must use the Website lawfully and responsibly.

5.2 You must not use the Website to:

a. commit or facilitate an offence;
b. gain unauthorised access to systems;
c. interfere with networks or infrastructure;
d. distribute malware;
e. conduct phishing attacks;
f. steal credentials;
g. conduct fraud or identity theft;
h. launch denial-of-service or distributed denial-of-service attacks;
i. conduct unauthorised penetration testing;
j. perform vulnerability exploitation against systems without authorisation;
k. distribute unlawful or malicious software;
l. infringe intellectual-property rights;
m. unlawfully process Personal Information;
n. transmit unlawful or prohibited content; or
o. otherwise violate applicable law.

5.3 Security testing against Hostabby systems may only be conducted with Hostabby's prior written authorisation.

5.4 The absence of a technical restriction does not constitute permission to access, test, scan or exploit a system.

6. CYBERCRIME AND UNAUTHORISED ACCESS

6.1 Hostabby prohibits unauthorised access, interference, interception, acquisition, modification, destruction or disruption of its Website, systems, networks, databases or services.

6.2 Prohibited activity includes, without limitation:

a. unauthorised access;
b. credential attacks;
c. password attacks;
d. port scanning intended to facilitate unauthorised access;
e. vulnerability exploitation;
f. malware deployment;
g. ransomware;
h. SQL injection;
i. cross-site scripting attacks;
j. denial-of-service attacks;
k. distributed denial-of-service attacks;
l. malicious bots;
m. automated abuse; and
n. attempts to circumvent security controls.

6.3 Conduct prohibited under these Terms may constitute an offence under applicable South African legislation, including the Cybercrimes Act 19 of 2020.

6.4 Hostabby may report suspected criminal activity to the South African Police Service, the National Prosecuting Authority, the Information Regulator, relevant regulators, internet service providers, registries or other competent authorities where legally appropriate.

6.5 Hostabby may preserve relevant technical information where reasonably necessary for security, legal, forensic or law-enforcement purposes.

6.6 Nothing in this clause limits Hostabby's rights to seek civil, criminal or urgent legal remedies.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Unless otherwise stated, Hostabby or its licensors own or control the Intellectual Property Rights in:

a. the Website;
b. the Hostabby name and branding;
c. logos;
d. graphics;
e. photographs;
f. videos;
g. designs;
h. text;
i. software;
j. source code;
k. databases;
l. documentation; and
m. other materials published on the Website.

7.2 These rights are protected by applicable South African intellectual-property legislation and, where applicable, international treaties and conventions.

7.3 Nothing in these Terms transfers ownership of Hostabby's Intellectual Property Rights to you.

7.4 Subject to these Terms, Hostabby grants you a limited, non-exclusive, revocable and non-transferable right to access and use the Website for lawful purposes.

7.5 You may:

a. view Website content;
b. print reasonable copies for personal or internal business reference; and
c. share links to publicly available Hostabby pages.

7.6 You must not, without Hostabby's prior written permission:

a. reproduce substantial portions of the Website;
b. commercially exploit Website content;
c. modify Website materials;
d. create derivative works;
e. reproduce Hostabby branding;
f. remove copyright or proprietary notices;
g. scrape or systematically extract Website content;
h. reverse engineer Website functionality; or
i. reproduce the Website or a substantial portion of it.

7.7 Nothing in these Terms affects rights that cannot lawfully be excluded under applicable copyright or intellectual-property law.

8. HOSTABBY TRADE MARKS AND BRANDING

8.1 "Hostabby", "Hackabby", associated logos, slogans, service names and branding are the property of Hackabby (Pty) Ltd or its respective licensors unless otherwise stated.

8.2 You may not use Hostabby branding in a manner that:

a. suggests endorsement;
b. suggests partnership or affiliation;
c. creates confusion;
d. damages the Hostabby brand; or
e. infringes Hostabby's Intellectual Property Rights.

8.3 Requests to use Hostabby trademarks or branding must be submitted to Hostabby in writing.

9. INFORMATION ON THE WEBSITE

9.1 Hostabby endeavours to ensure that information published on the Website is reasonably accurate and current.

9.2 However, Website content may contain:

a. typographical errors;
b. technical inaccuracies;
c. outdated information;
d. omissions; or
e. information that becomes outdated following publication.

9.3 Hostabby reserves the right to correct, update or remove Website content at any time.

9.4 Website content is provided for general information unless expressly stated otherwise.

9.5 Information on the Website does not constitute:

a. legal advice;
b. financial advice;
c. tax advice;
d. professional cybersecurity assurance;
e. investment advice; or
f. any other professional advice.

9.6 You should obtain appropriate professional advice before relying on information where the consequences of doing so may be material.

10. CYBERSECURITY INFORMATION

10.1 Hostabby may publish cybersecurity articles, guides, recommendations, technical information, security advisories or educational material.

10.2 Such information is provided for general informational and educational purposes.

10.3 Cybersecurity environments differ between organisations, systems and applications.

10.4 Hostabby does not warrant that implementation of information published on the Website will eliminate all vulnerabilities or security risks.

10.5 Customers requiring professional cybersecurity services should engage Hostabby under an applicable written statement of work, proposal or service agreement.

11. WEBSITE CONTENT CHANGES

11.1 Hostabby may update Website content from time to time.

11.2 Product descriptions, technical specifications, packages, prices, features and availability may change.

11.3 A change to Website content does not retrospectively alter an already accepted order or signed agreement unless permitted by the applicable contract.

11.4 Where a separate service agreement applies, that agreement governs the relevant Services.

12. ONLINE TRANSACTIONS

12.1 The Website may allow users to:

a. request quotations;
b. order Services;
c. register domains;
d. purchase hosting;
e. create accounts;
f. make payments; or
g. submit service requests.

12.2 Transactions concluded electronically may be governed by the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and other applicable legislation.

12.3 A transaction is subject to the applicable Hostabby Master Terms and Conditions and service-specific terms.

12.4 Display of a Service or price on the Website does not necessarily constitute an unconditional offer to supply that Service.

12.5 Hostabby reserves the right to correct obvious pricing or technical errors.

12.6 Where a Customer has already paid and Hostabby cannot provide the Service ordered, Hostabby will deal with the payment in accordance with the applicable agreement and mandatory law.

13. CUSTOMER-SUBMITTED INFORMATION

13.1 You may be required to submit information through forms, registration pages, support systems or other Website functionality.

13.2 You warrant that information supplied to Hostabby is, to the best of your knowledge:

a. accurate;
b. complete;
c. current; and
d. lawfully provided.

13.3 You must not submit information belonging to another person unless you have the lawful authority to do so.

14. UPLOADING CONTENT

14.1 Certain areas of the Website or customer portal may permit users to upload files or other content.

14.2 You remain responsible for content you upload.

14.3 You warrant that uploaded material:

a. is lawfully possessed or controlled by you;
b. does not infringe third-party rights;
c. does not contain unlawful malware;
d. does not violate applicable law; and
e. complies with Hostabby's Acceptable Use Policy.

14.4 You grant Hostabby a limited licence to store, process, reproduce and transmit uploaded material only to the extent reasonably necessary to provide the relevant Website functionality or Services.

14.5 Hostabby does not acquire ownership of Customer Data merely because it is uploaded to the Website.

14.6 Hostabby will process Personal Information in accordance with applicable data-protection law and its Privacy Policy.

14.7 Hostabby may remove, restrict or quarantine content where reasonably necessary to:

a. comply with law;
b. respond to a valid legal request;
c. protect security;
d. investigate abuse; or
e. protect the Website or other users.

15. PERSONAL INFORMATION AND POPIA

15.1 Hostabby respects the privacy of users of the Website.

15.2 Personal Information will be processed in accordance with applicable data-protection legislation, including the Protection of Personal Information Act 4 of 2013 ("POPIA") where applicable.

15.3 Hostabby's Privacy Policy explains:

a. what information may be collected;
b. how information is used;
c. how information is protected;
d. when information may be shared;
e. retention practices; and
f. applicable data-subject rights.

15.4 You should read the Hostabby Privacy Policy before submitting Personal Information.

15.5 You must not submit another person's Personal Information unless you have a lawful basis or authority to do so.

15.6 Where required by law, Hostabby will provide mechanisms for exercising applicable data-subject rights.

15.7 Hostabby may use service providers to process information on its behalf, subject to applicable legal and contractual requirements.

16. COOKIES AND TRACKING TECHNOLOGIES

16.1 The Website may use cookies and similar technologies.

16.2 Cookies may be used for:

a. authentication;
b. security;
c. Website functionality;
d. analytics;
e. performance monitoring;
f. preferences; and
g. improving user experience.

16.3 Where required by applicable law, Hostabby will obtain appropriate consent before placing or using non-essential cookies.

16.4 Users may manage cookies through their browser settings and any cookie-management mechanism provided on the Website.

17. LINKS TO THIRD-PARTY WEBSITES

17.1 The Website may contain links to third-party websites, applications or resources.

17.2 Such links are provided for convenience or informational purposes.

17.3 Hostabby does not control third-party websites and does not generally endorse or accept responsibility for:

a. their content;
b. availability;
c. security;
d. privacy practices;
e. accuracy; or
f. transactions conducted through them.

17.4 Your use of third-party websites is governed by the relevant third party's terms and privacy policies.

17.5 You should review those terms before using a third-party service.

18. LINKS TO HOSTABBY

18.1 You may link to Hostabby's public Website pages provided that the link:

a. is lawful;
b. is fair;
c. does not misrepresent Hostabby;
d. does not imply endorsement; and
e. does not damage Hostabby's reputation.

18.2 You must not:

a. frame the Website without permission;
b. reproduce the Website within another website;
c. create a false association with Hostabby; or
d. use Hostabby branding to imply a relationship that does not exist.

18.3 Hostabby may withdraw permission to link where the linking website breaches these requirements.

19. VIRUSES, MALWARE AND HARMFUL TECHNOLOGY

19.1 You must not knowingly introduce or distribute through the Website:

a. viruses;
b. trojans;
c. worms;
d. ransomware;
e. spyware;
f. rootkits;
g. logic bombs;
h. malicious scripts; or
i. other harmful code.

19.2 You must not attempt to interfere with the Website or associated infrastructure through malicious technical activity.

19.3 Hostabby may isolate, block or remove malicious content where reasonably necessary to protect its systems or users.

19.4 Hostabby may report suspected criminal activity to appropriate authorities where required or permitted by law.

20. DENIAL-OF-SERVICE ATTACKS

20.1 You must not conduct or facilitate a denial-of-service or distributed denial-of-service attack against:

a. Hostabby;
b. Hostabby customers;
c. third-party infrastructure; or
d. any other system without lawful authority.

20.2 Hostabby may implement traffic filtering, rate limiting, IP blocking, network isolation or other security measures in response to an actual or suspected attack.

20.3 Hostabby does not guarantee that its Website or infrastructure will be immune from DDoS attacks or other cyber threats.

21. REPORTING SECURITY VULNERABILITIES

21.1 Hostabby encourages responsible disclosure of security vulnerabilities.

21.2 Suspected vulnerabilities should be reported through:

Security Contact: [INSERT SECURITY EMAIL]

21.3 Security researchers must not:

a. exploit a vulnerability beyond what is reasonably necessary to demonstrate the issue;
b. access, modify or delete Customer Data;
c. disrupt Services;
d. conduct denial-of-service testing;
e. conduct social engineering against Hostabby personnel; or
f. publicly disclose the vulnerability before allowing Hostabby a reasonable opportunity to investigate and remediate it.

21.4 Nothing in this clause authorises security testing that would otherwise be unlawful.

22. USER CONTENT AND THIRD-PARTY MATERIAL

22.1 Hostabby may provide functionality that permits customers or users to publish content.

22.2 The user who submits such content remains responsible for its legality and accuracy.

22.3 Hostabby does not necessarily endorse user-generated content.

22.4 Hostabby may remove content where reasonably necessary due to:

a. unlawful content;
b. intellectual-property complaints;
c. privacy complaints;
d. security concerns;
e. breach of the Acceptable Use Policy; or
f. a lawful order or regulatory requirement.

23. COPYRIGHT COMPLAINTS

23.1 If you believe material published on the Website infringes your copyright or other Intellectual Property Rights, you should notify Hostabby in writing.

23.2 The notification should include:

a. identification of the rights allegedly infringed;
b. identification of the relevant material;
c. sufficient information to locate the material;
d. evidence of the relevant rights where reasonably available; and
e. your contact details.

23.3 Hostabby may investigate legitimate complaints and take appropriate action in accordance with applicable law.

24. PRIVACY COMPLAINTS

24.1 A person who believes that Hostabby has unlawfully processed Personal Information may contact Hostabby using the designated privacy contact details.

24.2 Complaints will be handled in accordance with applicable law and Hostabby's Privacy Policy.

24.3 Nothing prevents a person from exercising any statutory right available under POPIA or approaching the Information Regulator where applicable.

25. WEBSITE SECURITY

25.1 Hostabby implements reasonable security controls appropriate to the Website and the risks reasonably associated with its operation.

25.2 However, no internet-connected system can be guaranteed to be completely secure.

25.3 Hostabby does not warrant that:

a. the Website will be free from vulnerabilities;
b. unauthorised access will never occur;
c. malware will never affect the Website; or
d. information transmitted over the internet will always be completely secure.

25.4 Users must apply reasonable security precautions when accessing the Website.

26. AVAILABILITY AND MAINTENANCE

26.1 Hostabby may temporarily suspend Website access for:

a. maintenance;
b. upgrades;
c. security remediation;
d. infrastructure changes;
e. emergency response; or
f. circumstances outside Hostabby's reasonable control.

26.2 Hostabby will endeavour to provide advance notice of planned maintenance where reasonably practicable.

26.3 Emergency maintenance may occur without prior notice where necessary to protect systems, data or users.

27. WEBSITE LIABILITY

27.1 To the maximum extent permitted by applicable law, Hostabby does not guarantee that information on the Website will always be:

a. accurate;
b. complete;
c. current;
d. available; or
e. suitable for a particular purpose.

27.2 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

27.3 Subject to mandatory law, Hostabby will not be liable for indirect, consequential, special or incidental losses arising solely from use of the Website.

27.4 Such losses may include:

a. loss of profits;
b. loss of revenue;
c. loss of business opportunity;
d. loss of anticipated savings;
e. loss of goodwill;
f. business interruption; or
g. loss of use.

27.5 This clause does not exclude liability for fraud, fraudulent misrepresentation or other liability that cannot lawfully be excluded or limited.

28. CONSUMER PROTECTION

28.1 Where a user qualifies as a consumer under the Consumer Protection Act 68 of 2008 ("CPA"), applicable statutory consumer rights will apply.

28.2 Nothing in these Terms is intended to waive or unlawfully restrict a consumer right.

28.3 Where these Website Terms relate only to browsing or informational use, no purchase or service contract is created merely by visiting the Website.

28.4 Where Services are purchased through the Website, the Hostabby Master Terms and Conditions and applicable consumer legislation will govern the transaction.

29. ELECTRONIC COMMUNICATIONS

29.1 Hostabby may communicate with users electronically.

29.2 Electronic communications may include:

a. email;
b. customer portal messages;
c. electronic invoices;
d. SMS;
e. website notifications; and
f. other electronic communication methods.

29.3 Electronic communications may constitute written communication where permitted by applicable law.

29.4 Users are responsible for maintaining accurate contact information.

29.5 Hostabby will not be responsible for communications that cannot be delivered because a user supplied incorrect, inactive or inaccessible contact information.

30. INTERNATIONAL USERS

30.1 Hostabby operates from South Africa but may provide Services to customers internationally.

30.2 Users accessing the Website from another jurisdiction are responsible for ensuring that their use of the Website complies with laws applicable in their jurisdiction.

30.3 Certain services may be subject to additional laws, regulations, sanctions, export controls or domain policies.

30.4 Where mandatory foreign law applies to a particular user or transaction, that law will apply to the extent legally required.

30.5 Nothing in these Terms is intended to submit Hostabby voluntarily to laws that have no lawful application to the relevant transaction.

31. INTERNATIONAL DATA PROTECTION

31.1 Where applicable, Hostabby will consider mandatory foreign data-protection requirements relating to Personal Information processed through the Website.

31.2 This may include the EU General Data Protection Regulation ("GDPR"), UK GDPR and applicable US or other foreign privacy legislation.

31.3 Where GDPR legally applies to Hostabby's processing activities, Hostabby will comply with applicable GDPR obligations to the extent required.

31.4 Users located outside South Africa remain responsible for ensuring that information submitted to Hostabby may lawfully be transferred to South Africa or other countries where processing may occur.

32. THIRD-PARTY SERVICES

32.1 The Website may integrate with third-party services, including:

a. payment providers;
b. analytics platforms;
c. cloud services;
d. authentication providers;
e. domain registrars;
f. communication platforms;
g. security services; and
h. other technology providers.

32.2 Third-party services are governed by their own terms and privacy policies.

32.3 Hostabby is not responsible for failures of third-party services outside Hostabby's reasonable control.

33. COMMERCIAL SERVICES

33.1 Website Terms of Use are separate from the contractual terms governing purchased Services.

33.2 Customers purchasing Hostabby Services are also subject to the applicable:

a. Master Terms and Conditions;
b. Service Schedule;
c. SLA;
d. Acceptable Use Policy;
e. Privacy Policy; and
f. other applicable contractual documents.

33.3 In the event of conflict, the contractual terms applicable to the purchased Service will prevail to the extent stated in those terms.

34. CHANGES TO THESE TERMS

34.1 Hostabby may amend these Terms from time to time.

34.2 Amendments may be made to reflect:

a. legislative changes;
b. regulatory requirements;
c. cybersecurity developments;
d. Website changes;
e. new functionality;
f. changes in business operations; or
g. reasonable commercial requirements.

34.3 The latest version will be published on the Website.

34.4 Continued use of the Website following publication of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.

34.5 Where applicable law requires specific notice or acceptance, Hostabby will follow those requirements.

35. GOVERNING LAW

35.1 These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

35.2 Subject to mandatory consumer rights and jurisdictional requirements, disputes relating to the Website will be subject to the jurisdiction of the competent courts of South Africa.

35.3 Hostabby may seek urgent or interim relief from any court having competent jurisdiction where necessary to protect its rights, systems, data or Intellectual Property.

35.4 Where mandatory foreign law applies to a particular user or transaction, that mandatory law will apply to the extent legally required.

36. DISPUTE RESOLUTION

36.1 Users should first attempt to resolve concerns directly with Hostabby.

36.2 Complaints should be submitted to:

Email: [INSERT COMPLAINTS EMAIL]

36.3 Hostabby will endeavour to investigate and respond to complaints within a reasonable period.

36.4 Nothing in these Terms prevents a consumer from exercising statutory rights or approaching an applicable regulatory authority.

36.5 Where appropriate, the parties may agree to mediation or arbitration.

37. SEVERABILITY

37.1 If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will remain in effect.

37.2 The affected provision will be modified or severed only to the minimum extent necessary to make it lawful and enforceable.

38. NO WAIVER

38.1 A failure or delay by Hostabby to enforce a provision does not constitute a waiver of that provision.

38.2 Any waiver must be expressly made in writing.

39. ENTIRE AGREEMENT

39.1 These Terms constitute the agreement governing use of the Website, together with any documents expressly incorporated by reference.

39.2 Where you purchase Services, the applicable service agreement and Hostabby Master Terms and Conditions will additionally apply.

40. CONTACT DETAILS

For general Website enquiries:

Hackabby Pty Ltd trading as Hostabby

Website: www.hostabby.com
Email: [INSERT GENERAL EMAIL]
Support: [INSERT SUPPORT EMAIL/PORTAL]
Security: [INSERT SECURITY EMAIL]
Privacy / POPIA: [INSERT INFORMATION OFFICER EMAIL]
Complaints: [INSERT COMPLAINTS EMAIL]

Company Registration Number: [INSERT]
VAT Number: [INSERT]
Registered Address: [INSERT]

41. IMPORTANT LEGAL FRAMEWORK

These Terms are intended to operate within the South African legal environment and should be read with applicable legislation, including where relevant:

• Consumer Protection Act 68 of 2008;
• Electronic Communications and Transactions Act 25 of 2002;
• Protection of Personal Information Act 4 of 2013;
• Cybercrimes Act 19 of 2020;
• Copyright Act 98 of 1978, as amended;
• Trade Marks Act 194 of 1993, as amended;
• Companies Act 71 of 2008, where applicable;
• applicable tax and VAT legislation;
• applicable .za domain policies;
• ICANN and applicable international domain policies; and
• other South African or foreign legislation that is legally applicable to the relevant transaction or processing activity.

The above list is not exhaustive.

42. ACCEPTANCE

By accessing or using www.hostabby.com, you acknowledge that you have read and understood these Website Terms of Use.

If you do not agree to these Terms, you must discontinue use of the Website.

Hackabby (Pty) Ltd
Trading as Hostabby

"Reliable IT Solutions — Built on Christian Values"

Effective Date: 2026/08/19

And PRIVACY POLICY

POPIA, GDPR AND INTERNATIONAL DATA PROTECTION

1. INTRODUCTION

Hackabby (Pty) Ltd, trading as Hostabby ("Hostabby", "we", "us", "our") respects your privacy and is committed to protecting Personal Information entrusted to us.

This Privacy Policy explains:

• what Personal Information we collect;
• how and why we collect it;
• how we use and protect it;
• when and with whom we share it;
• how long we retain it;
• when Personal Information may be transferred internationally;
• your rights under applicable data-protection legislation; and
• how you can contact us or lodge a complaint.

Hostabby is a South African company and, as its primary framework, processes Personal Information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"), together with other applicable South African legislation.

Where the European Union General Data Protection Regulation (EU) 2016/679 ("EU GDPR") applies to our processing activities, Hostabby will also comply with the applicable requirements of the GDPR.

Where applicable, we may also comply with other international privacy and data-protection laws relevant to the services we provide or the individuals whose Personal Information we process.

2. IMPORTANT DISTINCTION BETWEEN POPIA AND GDPR

2.1 Hostabby is primarily established and operates in South Africa. POPIA therefore forms the principal data-protection framework applicable to our South African operations.

2.2 The GDPR may additionally apply where its territorial scope is triggered, including where Hostabby:

• offers goods or services to individuals located in the European Economic Area ("EEA");
• monitors the behaviour of individuals in the EEA; or
• otherwise processes Personal Data falling within the territorial scope of the GDPR.

2.3 This Privacy Policy is therefore intended to satisfy the requirements of POPIA and, where applicable, provide the additional protections required by the GDPR.

2.4 Where South African law and foreign data-protection law both apply, Hostabby will seek to comply with the applicable mandatory requirements.

3. KEY DEFINITIONS

4. WHO WE ARE

Hackabby (Pty) Ltd
Trading as Hostabby

Website: www.hostabby.com

Company Registration Number: [INSERT]
VAT Number: [INSERT]
Registered Address: [INSERT]

General Enquiries: [INSERT EMAIL]
Support: [INSERT EMAIL]
Privacy: [INSERT EMAIL]
Information Officer: [INSERT EMAIL]
Security: [INSERT EMAIL]

5. INFORMATION OFFICER

For purposes of POPIA, Hostabby will designate an Information Officer and, where appropriate, Deputy Information Officers.

Information Officer: [INSERT NAME]
Email: [INSERT EMAIL]
Telephone: [INSERT NUMBER]
Postal Address: [INSERT ADDRESS]

The Information Officer is responsible for overseeing Hostabby's compliance with applicable data-protection obligations.

Where Hostabby is legally required to appoint a dedicated Data Protection Officer ("DPO") under GDPR, the relevant details will be published on the Hostabby Website.

6. PERSONAL INFORMATION WE COLLECT

The information we collect depends on the Services you use and our relationship with you.

We may collect:

6.1 Identity information

• name and surname;
• company or organisation name;
• username;
• customer number;
• identification information where reasonably required;
• date of birth where legitimately required;
• domain-registration information; and
• information required to verify identity.

6.2 Contact information

• email address;
• telephone number;
• physical address;
• postal address;
• billing address;
• business address; and
• communication preferences.

6.3 Account information

• username;
• account credentials;
• service configuration;
• account history;
• support tickets;
• service subscriptions;
• domain information;
• reseller information; and
• account preferences.

6.4 Technical information

We may collect:

• IP address;
• browser type;
• browser version;
• operating system;
• device information;
• login information;
• authentication records;
• access logs;
• timestamps;
• network information;
• security-event information;
• DNS information; and
• information relating to use of our infrastructure.

6.5 Billing and payment information

We may process:

• invoices;
• transaction information;
• payment status;
• billing records;
• banking information where provided;
• limited payment-card information through payment providers; and
• information required to detect or prevent fraudulent transactions.

Where payment processing is performed by a third-party payment provider, the provider may process payment information in accordance with its own privacy policy.

7. INFORMATION RELATING TO HOSTED SERVICES

Where you use Hostabby hosting or infrastructure Services, we may process information necessary to operate and secure those Services.

This may include:

• domain names;
• server logs;
• access logs;
• authentication logs;
• security logs;
• website configuration information;
• DNS records;
• technical metadata;
• resource-consumption information;
• malware or security alerts;
• support information; and
• information required to investigate abuse or security incidents.

Important

Where you use Hostabby to host your own customers' or users' Personal Information, you may be the Responsible Party/Controller, while Hostabby may act as an Operator/Processor, depending on the circumstances and applicable contractual arrangements.

In such circumstances, the customer remains responsible for determining:

• why the information is processed;
• the lawful basis for processing;
• what information is collected;
• how long it is retained; and
• what rights are provided to the relevant Data Subjects.

8. HOW WE COLLECT PERSONAL INFORMATION

We may collect Personal Information:

• directly from you;
• when you create an account;
• when you purchase Services;
• when you contact support;
• through email;
• by telephone;
• through our website;
• through customer portals;
• through cookies and similar technologies;
• through security monitoring;
• through payment providers;
• through domain registries;
• through fraud-prevention services;
• through business partners;
• from publicly available sources;
• from authorised third parties; and
• automatically through our IT systems.

9. LAWFUL PROCESSING UNDER POPIA

Hostabby will process Personal Information in accordance with applicable POPIA requirements.

Depending on the circumstances, processing may be based upon:

• consent;
• performance of a contract;
• taking steps at your request before entering into a contract;
• compliance with a legal obligation;
• protection of legitimate interests;
• prevention, detection and investigation of fraud or unlawful activity;
• protection of Hostabby's rights;
• legitimate business purposes;
• network and information security; or
• another lawful basis recognised by applicable law.

We will endeavour to ensure that Personal Information is processed:

• lawfully;
• reasonably;
• transparently;
• for a specific purpose;
• only to the extent necessary;
• accurately;
• securely; and
• for no longer than reasonably required.

10. GDPR LAWFUL BASES

Where GDPR applies, Hostabby may rely on one or more of the following Article 6 lawful bases:

10.1 Contract

Processing necessary to:

• provide hosting Services;
• register domains;
• process subscriptions;
• manage accounts;
• provide technical support; or
• perform contractual obligations.

10.2 Legal obligation

Processing required to comply with applicable law, regulation, court orders or lawful governmental requests.

10.3 Legitimate interests

Processing necessary for legitimate interests, provided those interests are not overridden by the individual's rights and freedoms.

Examples include:

• cybersecurity;
• fraud prevention;
• network security;
• abuse prevention;
• service improvement;
• business administration;
• debt recovery;
• protecting Hostabby's infrastructure; and
• defending legal claims.

10.4 Consent

Where required, Hostabby will obtain consent before processing Personal Data for the relevant purpose.

Consent may be withdrawn at any time, although withdrawal will not affect processing that occurred lawfully before withdrawal.

11. PURPOSES FOR WHICH WE USE PERSONAL INFORMATION

We may use Personal Information to:

12. DIRECT MARKETING

12.1 Hostabby may send customers information about:

• Hostabby Services;
• new products;
• upgrades;
• promotions;
• security announcements;
• service improvements; and
• related offerings.

12.2 Direct marketing will be conducted in accordance with applicable South African law, including relevant requirements under POPIA and ECTA, and where applicable GDPR.

12.3 Where consent is required, we will obtain it before sending the relevant marketing communications.

12.4 You may unsubscribe from marketing communications at any time.

You may do so by:

• using the unsubscribe facility in the relevant communication; or
• contacting [INSERT MARKETING/PRIVACY EMAIL].

12.5 We will continue to send essential service communications where reasonably necessary, even where you have opted out of marketing.

13. COOKIES

Hostabby may use:

• strictly necessary cookies;
• authentication cookies;
• security cookies;
• performance cookies;
• analytics cookies; and
• marketing cookies.

Cookies will be used in accordance with our separate Cookie Policy.

Where required by applicable law, non-essential cookies will only be used following appropriate consent.

14. SHARING PERSONAL INFORMATION

We may share Personal Information with trusted third parties where necessary.

These may include:

• payment providers;
• banks;
• domain registrars;
• domain registries;
• hosting infrastructure providers;
• data-centre providers;
• cloud providers;
• email providers;
• cybersecurity providers;
• fraud-prevention providers;
• technical support providers;
• software providers;
• accounting providers;
• auditors;
• professional advisers;
• insurers;
• legal advisers;
• marketing providers;
• analytics providers;
• government authorities;
• regulators;
• courts; and
• law-enforcement agencies.

We require appropriate third parties to protect Personal Information and to process it only for legitimate purposes.

15. THIRD-PARTY SERVICE PROVIDERS

Where third parties process Personal Information on our behalf, Hostabby will take reasonable steps to ensure that they:

• implement appropriate security measures;
• process information only for authorised purposes;
• maintain confidentiality;
• comply with applicable data-protection requirements; and
• return, delete or securely dispose of information where appropriate.

Where GDPR applies, Hostabby will enter into appropriate Article 28 data-processing arrangements with processors where required.

16. INTERNATIONAL DATA TRANSFERS

16.1 Hostabby is based in South Africa, but certain technology and service providers may operate internationally.

16.2 Personal Information may therefore be processed or stored outside South Africa.

16.3 Where POPIA applies, Hostabby will comply with the requirements applicable to cross-border transfers of Personal Information, including section 72 of POPIA where applicable.

16.4 Where GDPR applies, Hostabby will comply with Chapter V of the GDPR regarding international transfers.

Depending on the circumstances, transfers may rely on:

• an adequacy decision;
• appropriate safeguards;
• Standard Contractual Clauses;
• Binding Corporate Rules where applicable; or
• another lawful transfer mechanism recognised by applicable law.

16.5 Hostabby will not knowingly transfer Personal Information internationally without an appropriate lawful basis.

17. SPECIAL PERSONAL INFORMATION

17.1 Hostabby generally does not require Special Personal Information to provide ordinary hosting Services.

17.2 Where Special Personal Information is provided to us, we will process it only where permitted by applicable law.

17.3 This may include information relating to:

• religious or philosophical beliefs;
• health;
• biometric information;
• political opinions;
• racial or ethnic information;
• trade-union membership; or
• other categories recognised by applicable law.

17.4 Customers should not upload Special Personal Information to Hostabby infrastructure unless doing so is necessary, lawful and appropriately protected.

18. CHILDREN'S INFORMATION

18.1 Hostabby Services are primarily intended for businesses, organisations and individuals capable of entering into legally binding agreements.

18.2 Our website and Services are not intentionally directed at children.

18.3 Where we become aware that Personal Information relating to a child has been collected unlawfully, we will take reasonable steps to address the situation in accordance with applicable law.

18.4 Where POPIA applies, processing of children's Personal Information will be subject to the requirements of section 35 of POPIA.

18.5 Where GDPR applies, processing of children's Personal Data in relation to information society services will comply with applicable Article 8 GDPR requirements.

19. INFORMATION SECURITY

Hostabby takes reasonable technical and organisational measures to protect Personal Information against:

• loss;
• theft;
• unauthorised access;
• unauthorised disclosure;
• destruction;
• alteration;
• misuse; and
• unlawful processing.

Security measures may include:

• encryption;

TLS;

• access controls;
• role-based access;
• multi-factor authentication;
• password controls;
• network security;
• endpoint protection;
• logging;
• monitoring;
• vulnerability management;
• malware detection;
• backups;
• security testing;
• incident-response procedures; and
• security awareness and training.

No internet-based system can be guaranteed to be completely secure.

20. DATA BREACHES

20.1 Hostabby maintains procedures for identifying and responding to suspected security incidents.

20.2 Where Personal Information is compromised, Hostabby will assess the incident and take appropriate action.

20.3 Where required by POPIA, Hostabby will notify the Information Regulator and affected Data Subjects as required by law.

20.4 Where GDPR applies, Hostabby will comply with the applicable GDPR breach-notification requirements, including Article 33 and Article 34 where applicable.

20.5 Where Hostabby acts as an Operator/Processor for a customer, Hostabby will notify the customer in accordance with the applicable data-processing agreement and applicable law.

21. RETENTION OF PERSONAL INFORMATION

21.1 Hostabby will retain Personal Information only for as long as reasonably necessary for the purpose for which it was collected, unless a longer retention period is required or permitted by law.

21.2 Retention periods may depend upon:

• the type of information;
• contractual requirements;
• accounting requirements;
• tax requirements;
• legal obligations;
• security requirements;
• dispute resolution;
• fraud prevention; and
• regulatory requirements.

21.3 When Personal Information is no longer required, Hostabby will take reasonable steps to:

• delete it;
• securely destroy it; or
• anonymise it.

21.4 Some information may remain in backups for a limited period before being securely overwritten in accordance with our backup and retention procedures.

22. DATA SUBJECT RIGHTS UNDER POPIA

Subject to applicable limitations, individuals may have rights under POPIA including the right to:

• request access to Personal Information;
• request correction or updating;
• request deletion where legally permissible;
• object to certain processing;
• object to direct marketing;
• withdraw consent where processing is based on consent;
• request information regarding processing; and
• lodge a complaint with the Information Regulator.

23. GDPR RIGHTS

Where GDPR applies, Data Subjects may have the following rights:

Right of access

To obtain confirmation as to whether Personal Data is being processed and, where applicable, access to that information.

Right to rectification

To request correction of inaccurate or incomplete Personal Data.

Right to erasure

To request deletion of Personal Data in circumstances where the GDPR provides such a right.

Right to restriction

To request restriction of processing in circumstances provided for by the GDPR.

Right to data portability

To receive certain Personal Data in a structured, commonly used and machine-readable format.

Right to object

To object to certain processing, including processing based on legitimate interests and direct marketing.

Right regarding automated decision-making

Where applicable, to obtain protection against decisions based solely on automated processing that produce legal or similarly significant effects.

Right to withdraw consent

Where processing is based on consent, consent may be withdrawn at any time.

Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

24. EXERCISING YOUR RIGHTS

To exercise your rights, contact:

Hostabby Information Officer / Privacy Team

Email: [INSERT PRIVACY EMAIL]

You should provide sufficient information to allow us to:

• identify you;
• verify your identity where reasonably necessary;
• understand the request; and
• identify the relevant Personal Information.

We will process requests within the timeframes required by applicable law.

Where GDPR applies, we generally intend to respond to valid rights requests within one month, subject to applicable extensions.

25. IDENTITY VERIFICATION

To protect Personal Information from unauthorised disclosure, Hostabby may request reasonable information to verify the identity of a person making a Data Subject request.

We will seek to avoid collecting unnecessary identification information solely for this purpose.

26. AUTOMATED DECISION-MAKING AND PROFILING

Hostabby may use automated technical systems for purposes such as:

• fraud detection;
• spam detection;
• malware detection;
• security monitoring;
• abuse prevention;
• resource management; and
• network security.

These systems may automatically restrict or flag activity.

Where GDPR applies and an automated decision has legal or similarly significant effects on an individual, Hostabby will provide the rights and safeguards required by applicable law.

27. YOUR RESPONSIBILITIES

Where you use Hostabby Services to process Personal Information belonging to other individuals, you are responsible for:

• complying with applicable data-protection law;
• establishing the appropriate lawful basis;
• providing required privacy notices;
• obtaining consent where required;
• responding to Data Subject requests;
• implementing appropriate security measures; and
• notifying Hostabby of relevant security incidents.

You must not use Hostabby Services to unlawfully collect or process Personal Information.

28. DOMAIN REGISTRATION INFORMATION

Domain registration may require Personal Information to be supplied to:

• domain registries;
• registrars;
• registry operators;
• dispute-resolution providers; or
• other entities involved in domain administration.

The information disclosed will depend upon the applicable domain registry's requirements and applicable privacy law.

Hostabby will seek to limit disclosures to information reasonably required for domain administration and compliance.

29. LAW ENFORCEMENT AND LEGAL DISCLOSURES

Hostabby may disclose Personal Information where:

• required by law;
• required by a valid court order;
• required by a lawful regulatory request;
• necessary to comply with legal obligations;
• necessary to investigate suspected criminal activity;
• necessary to protect Hostabby's rights; or
• necessary to protect the safety or security of persons or systems.

We will endeavour to limit disclosures to information reasonably required for the relevant purpose.

30. PROFESSIONAL ADVISERS

Hostabby may disclose Personal Information to:

• attorneys;
• advocates;
• auditors;
• accountants;
• insurers;
• consultants;
• cybersecurity specialists; and
• other professional advisers

where reasonably necessary for legitimate business, legal, regulatory or security purposes.

Such recipients may be subject to contractual, professional or statutory confidentiality obligations.

31. CORPORATE TRANSACTIONS

If Hackabby (Pty) Ltd is involved in:

• a merger;
• acquisition;
• restructuring;
• sale of assets;
• financing transaction;
• business transfer; or
• insolvency,

Personal Information may be transferred as part of the transaction where legally permitted.

Where reasonably practicable, information will be anonymised or minimised before disclosure.

32. DO NOT SELL PERSONAL INFORMATION

Hostabby does not sell Personal Information as a commercial data product.

We may, however, disclose Personal Information to service providers where reasonably necessary to provide Services, operate our business, prevent fraud, conduct analytics, perform marketing activities where lawful, or comply with applicable law.

33. DATA MINIMISATION

Hostabby seeks to collect only Personal Information that is reasonably necessary for the relevant purpose.

We do not intend to collect information merely because it may be useful at some future date.

34. ACCURACY

We take reasonable steps to maintain accurate and current Personal Information.

Customers should notify us when their information changes.

You may request correction of inaccurate information by contacting:

[INSERT PRIVACY EMAIL]

35. PRIVACY OF CUSTOMER CONTENT

Hostabby does not ordinarily inspect the content of customer websites, databases, emails or files except where reasonably necessary for:

• technical support;
• security;
• malware investigation;
• abuse investigation;
• troubleshooting;
• service administration;
• legal compliance; or
• another lawful purpose.

Access to customer information will be limited to authorised personnel and systems where reasonably practicable.

36. EMAIL AND COMMUNICATION MONITORING

For security and operational purposes, Hostabby may process metadata and technical information relating to communications sent through its infrastructure.

This may include:

• sender and recipient addresses;
• timestamps;
• IP addresses;
• delivery information;
• spam indicators;
• malware indicators; and
• authentication information.

Where legally permitted and reasonably necessary, automated systems may analyse communications for security threats, spam, malware and abuse.

37. THIRD-PARTY WEBSITES

Our website may contain links to third-party websites.

Hostabby is not responsible for the privacy practices of third parties.

You should review the privacy policy of any third-party website before submitting Personal Information.

38. CHANGES TO THIS PRIVACY POLICY

Hostabby may update this Privacy Policy from time to time.

Changes may be required due to:

• changes in legislation;
• regulatory guidance;
• changes to our Services;
• changes to our technology;
• changes to our suppliers; or
• changes to our data-processing practices.

Material changes may be communicated through appropriate channels where required by law.

The latest version will be published on the Hostabby Website.

39. COMPLAINTS — SOUTH AFRICA

If you have concerns about how Hostabby processes your Personal Information, please contact our Information Officer first.

Hostabby Information Officer
Email: [INSERT EMAIL]
Telephone: [INSERT NUMBER]
Postal Address: [INSERT ADDRESS]

You may also lodge a complaint with the Information Regulator of South Africa where applicable.

Hostabby will endeavour to resolve privacy complaints fairly, promptly and transparently.

40. COMPLAINTS — EUROPEAN UNION / EEA

Where GDPR applies, an individual may have the right to lodge a complaint with the competent data-protection supervisory authority in their country of residence, place of work or alleged infringement.

Hostabby will cooperate with competent supervisory authorities as required by applicable law.

If Hostabby is legally required to appoint an EU Representative under Article 27 GDPR, the relevant representative's details will be published on the Hostabby Website.

41. GOVERNING LAW

41.1 This Privacy Policy is primarily governed by the laws of the Republic of South Africa, including POPIA.

41.2 Where GDPR or other foreign data-protection legislation applies to specific processing activities, Hostabby will comply with the mandatory requirements applicable to those activities.

41.3 Nothing in this Privacy Policy limits any mandatory rights granted to individuals under applicable data-protection legislation.

42. RELEVANT LEGISLATION

This Privacy Policy should be read together with applicable legislation and regulatory requirements, including, where relevant:

South Africa

• Protection of Personal Information Act 4 of 2013 (POPIA);
• Electronic Communications and Transactions Act 25 of 2002 (ECTA);
• Consumer Protection Act 68 of 2008;
• Cybercrimes Act 19 of 2020;
• Promotion of Access to Information Act 2 of 2000 (PAIA);
• applicable Companies Act requirements;
• applicable tax legislation;
• applicable domain-name regulations and policies; and
• other applicable South African legislation.

European Union

Where applicable:

• Regulation (EU) 2016/679 — General Data Protection Regulation (GDPR);
• applicable ePrivacy requirements;
• relevant European Data Protection Board guidance; and
• applicable national data-protection legislation.

International

Where legally applicable, Hostabby may also consider:

UK GDPR;

• UK Data Protection Act 2018;
• applicable US privacy legislation;
• international data-transfer requirements; and
• other applicable data-protection laws.

This list is not exhaustive.

43. CONTACT DETAILS

HACKABBY (PTY) LTD
Trading as HOSTABBY

Website: www.hostabby.com

Information Officer: Jonathan.steyn@hostabby.com