So Hetzner has apologised (kind of), and reinstated www.thistourismweek.

Well, sort of.

What do YOU make of the mail they sent me – would YOU sign it? (in James’ phone call to me, he said that, like Hans – who’s the Hetzner reseller who hosts my sites – I must also sign and return the ‘indemnity).

I refused. Wouldn’t you?

Here’s the mail:

—– Original Message —–

From: James Just – Hetzner (Pty) Ltd
To: info@innatehosting.co.za
Cc: martin@thistourismweek.co.za
Sent: Monday, November 22, 2010 12:16 PM
Subject: thistourismweek.co.za

Dear Hans,
CC: Martin Hatchuel

Our earlier telephone conversation refers;

I apologise for the fact that correct procedure was not followed in that a staff member suspended the www.thistourismweek.co.za website without first escalating the matter to management for consideration. Now that we have obtained all the facts and considered the matter there are 2 options available to you.

1. You furnish us with an indemnity by 17h00, 23 November 2010, including the following wording:

” I, Hans Viljoen of Innate Hosting, hereby agree to indemnify, defend and hold harmless Hetzner against any loss, damage or expense (including attorneys fees on the attorney and own client scale) that Hetzner suffers or incurs in connection with any third party claim arising from content published to the web site www.thistourismweek.co.za .”

2. Should you choose not to provide us with the above, our only alternative is to once again suspend the website in accordance with the ISP take-down notice.

Failing to comply with the take-down notice would have the following potential consequences for us, which we are not prepared to expose ourselves to:

1. The Chapter XI indemnity under the ECT Act would no longer apply to us;
2. Hetzner could be held liable for contributory negligence under common law;
3. The Complainant could lodge a complaint against us with ISPA;
4. Hetzner could be in breach of the ISPA Code of Conduct.

Please let me know if you have any further questions regarding this matter. I look forward to your decision by the above-mentioned deadline.

Kind regards

James Just
Chief Customer Officer (CCO)
Direct: (T) +27 21 970 2045
General: (T) +27 21 970 2000 I (F) +27 21 970 2001
Registration Number: 2005 / 023926 / 07
Directors: D.M. de Villiers (MD), S.M. Nortjé & H.E. Wencke

Web: www.hetzner.co.za
Disclaimer: www.hetzner.co.za/email-disclaimer