RsR IT Solutions Web Hosting Terms of Service
This Agreement sets forth the Standard Terms and Conditions that apply to the
use of our ISP hosting services.
YOUR USE OF THE HOSTING SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE
TERMS OF SERVICE.
THIS TERMS AND CONDITIONS APPLY TO ALL NETWORK CLIENTS WHETHER
THE RELEVANT WEBSITE DISPLAYING THIS TERMS AND CONDITIONS ARE OWNED BY RsR I.T
Solutions OR NOT.
Terms and Conditions
You agree to familiarize yourself with these terms, and abide by them if you
choose to use the services to which such terms apply.
User Conduct
You agree to abide by all applicable local, national and international laws and
regulations regarding your use of our service.
User Eligibility
You represent and warrant that you, as the person legally responsible for all
use of this account, are at least 18 years of age. If you are under 18 years of
age, you must have parental consent in order to sign up, and the account must
be ordered by a parent or legal guardian, in their own name. You agree to
supply us with a current and truthful name, postal address and telephone number
for our records, and you have a continued obligation to keep this information
current.
We reserve the right to, if we found that you registered with
false, gross misleading or incorrect information, terminate all relationship
with immediate effect and also reserve the right to report potential fraud or
illegal activities to the relevant authorities. Any or all money already paid
will be forfeited unless your bona-fides can be established without doubt.
Contents of Messages
You are solely responsible for the contents of your messages and your website
and the consequences thereof, including, but not limited to, backup,
maintenance and operation. You agree not to do anything which would restrict or
inhibit any other user from using and enjoying the Internet.
You further agree not to use the Network to send any messages or material that are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. We reserve the right to terminate your account with or without prior warning if we becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
Unlawful of Prohibited Use
As a condition of your use of the ISP Hosting Service you warrant that you will
not use the Network Service for any unlawful purpose. Transmission,
distribution, or storage of any information, data or material in violation of
South African regulations or law, or by common law, is prohibited. This
includes, but is not limited to, material protected by copyright, trademark,
trade secret, or any other statute. We reserve the right to remove such illegal
material from the ISP Network servers immediately.
Terms of Payment
You agree to pay in time the appropriate payment for the services received from
the ISP Hosting Network, in advance of the time period during which such
services are provided. Payment may be made by Cash Deposit, Bank Transfer or
Credit Card payment. You further agree that until and unless you notify us via
e-mail or in writing your desire to cancel any or all services received, those
services will be billed on a recurring basis. You cannot terminate a
service by simply stop paying for it.
If an account is not paid on the due date the account will be placed on
suspension after a grace period of ten days until payment is received. If no payment was made within 60 (sixty) days we will terminate
such account without further notice and reserve the right to hand the account
over for collection. You agree herewith that you will be solely responsible for
all collection and legal costs that might be added to the account until the
account is paid in full.
Such terminated account can only be restored from the most recent backup upon
receipt of all outstanding amounts as well as a hundred and fifty (R150.00)
Rand re-activation fee.
No receipts will be sent by regular mail.
Monies already paid will always first being utilized against administration
fees, services fees, hosting fees and then domain registration or renewal fees,
in that order.
We also reserve the right to change prices at any time.
Web Site Content
Full back-ups are made, weekly (every Sunday) and monthly on the network itself
including offsite back-ups. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these back-ups. Back-ups are made
for server restoration purposes only. You are responsible for keeping a copy of
your most current web site files as backup on a remote system. We are not
responsible for any lost files, information, or data. However, if any loss of
data occurs due to an error at the ISP Hosting Network, we will use all
reasonable efforts to recover the data at no charge to you. If data loss occurs
due to your negligence in securing your account or due to an action on your
part, we will use all reasonable efforts to recover the data from the most
recent archive for a hundred and fifty (R250.00) Rand fee.
User Responsibilities
You may not initiate sites that provide any of the following content or links
on the Network servers:
* Pirated Software (Warez) or any software that is copyrighted and not freely
available for distribution without cost.
* Hacking, phreaking, viruses, anarchy, etc.
* IRC Bots, Spamware.
* Archives (music, video and program archives)
* Sexually explicit, obscene or pornographic content (whether in text or
graphics)
* Speech or images that are offensive, profane, hateful, threatening, harmful,
defamatory, libelous, harassing, discriminatory (whether based on race,
ethnicity, creed, religion, gender, sexual orientation, physical disability or
otherwise) or that promote any illegal activity.
* Graphic violence.
You agree not to interfere with the operation of the system. You further agree
not to interfere with the proper operation of other systems reachable through
the Internet, including any attempt at unauthorized access. You agree to adhere
to system policies as published herewith, including restrictions on services
available with each service type, restrictions on certain features, and all
other policies. You agree to abide by any and all future policy decisions and
we reserve the right to terminate any account that does not conform to these
requirements.
Zero Tolerance Spam Policy
We takes a zero tolerance stance against sending of unsolicited e-mail,
commonly known as spam. Any user who sends out spam will have their account
terminated without notice, and may be charged a one time administration fine of
one hundred (R100) Rand if we can show proof that the user sent the e-mail from
our servers or network. We reserves the right to require changes or disable as
necessary any web site, account, database, or other component that does not
comply with this policy, at its sole discretion. We also reserve the right to
make any such modifications in an emergency at our sole discretion.
Limits
There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses will not be allowed on our servers. Note: Dividing one large list into smaller lists to get below this limit is not allowed.
There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)
Mailing Lists Rules
Hosting Service Provider's Rights
You agree that we have the right to monitor the service electronically from
time to time and to disclose any information as necessary to satisfy the law,
or to protect itself or its subscribers. We reserve the right to refuse to post
or to remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this agreement.
We also reserve the right to refuse refunds in cases where the user is in
breach of this agreement.
Uptime Guarantee
We guarantee the service will be available 99% of the time for a "99%
Uptime Guarantee" to any of our customers in good financial standing. If
we fail to meet the 99% Uptime Guarantee, the following credits will apply to
those who qualify:
* 95% to 99% - We will credit back 25% of the monthly fee.
* 90% to 94% - We will credit back 50% of the monthly fee.
* 89% or below - We will credit back 75% of the monthly fee.
Customers must request such credit within seven (7) days after invoice date. We
will calculate Network Unavailability in a calendar month. Credits will not be
provided to customers in the event that the Network Unavailability was due
to
(i) scheduled maintenance as posted from time to time on our websites,(ii)
customer's behavior or the performance or failure of customer's own website,
applications or script or
(iii) circumstances beyond our reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability or interruption or delay in
telecommunications or third party services (including DNS propagation), failure
of third part software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your web
site.
Sharing of Account Space & Resale Restrictions
You represent and warrant that the account you purchase is purchased either for
yourself or on behalf of a client. You agree that you are the individual solely
responsible for the account whether it's on behalf of a client or not.
Refund Policy
We will refund hosting payments within thirty (30) days of account activation,
with the exception of setup fees, domain registration fees and additional
charges. No refunds will be issued after thirty (30) days, whether in full or
pro-rata. All refunds will be made within thirty (30) days of receipt of
cancellation. Accounts terminated for violation of the Terms of Service do not
qualify for the 30-day money back guarantee.
The refund policy only applies to new clients that tried our hosting services
for one month and are not satisfied with the results. After one month 30 days
notice is required to terminate an account.
Termination
We may terminate this agreement and your access to any or all Network related
services at any time, with or without cause, effective immediately, if any user
is in breach of this agreement or if we are forced to do so due to unforeseen
circumstances out of our control. You may terminate this Agreement at any time
by notify us via e-mail with 30 days notice period. You may not terminate the
account by simply stop paying for your account.
We must receive all termination requests before the end of the
current billing period in order to avoid paying for the next term's service.
Account cancellations for accounts with a negative balance will be passed on to
collections, and all services rendered to the party with the negative balance,
including domain registrations, will be terminated with or without any further
notice.
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency,
legal representative, partnership, or other form of joint enterprise between
the parties. Neither party shall have authority to contract for or bind the
other in any manner whatsoever.
Disclaimer of Warranties / Limitation of Liability
THE ISP HOSTING NETWORK SERVICE PROVIDED IS 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. WE EXPRESSLY DISCLAIM ANY
REPRESENTATION OR WARRANTY THAT THE ISP HOSTING NETWORK SERVICE WILL BE
ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY OURSELVES, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE
A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, OR OUR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ISP NETWORK SERVICE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE
DOMAINHOST NETWORK SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NETWORK RECORDS, PROGRAMS OR
SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT
WE WERE GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION
WILL APPLY TO ALL SERVICES AVAILABLE FROM OUR ISP HOSTING NETWORK AND ITS
AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES
INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF
AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT FOR WHATEVER REASON.
Copyright and Trademarks
All contents of the website are proprietary to RsR I.T Solutions and are
protected under Copyright. All rights are reserved. RsR I.T Solutions, its
Network and/or suppliers reserves any rights not expressly granted herein.
Furthermore, RsR I.T Solutions and/or suppliers retain all rights to the web
design provided to you through the ISP Network Services.
Force Majeure
If by reason of failures of telecommunications or internet service providers,
labor disputes, riots, inability to obtain labor or materials, earthquake, fire
or other action of the elements, accidents, governmental restrictions or other
causes beyond our control, we are unable to perform in whole or in part its
obligations as set forth in this Agreement, then we shall be relieved of those
obligations to the extent it is so unable to perform and such inability to
perform shall not make RsR I.T Solutions liable to the User.
Governing Law
South African law shall govern this Agreement, and any dispute arising from the
relationship between the parties to this Agreement, excluding any laws that
direct the application of another jurisdiction's laws. In any litigation,
arbitration, or other proceeding by which one party either seeks to enforce its
rights under this Agreement (whether in contract, tort, or both) or seeks a
declaration of any rights or obligations under this Agreement, the prevailing
party shall be awarded its reasonable attorney fees, and cost and expenses
incurred, subject to the Limitation of Liabilities clause. The parties consent
to the exclusive jurisdiction and venue of the courts of the South African
Government.
Severability
If any provisions of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement is
invalid or unenforceable, but that by limiting such provision it would become
valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
Survivability
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely - warranty, indemnification,
liability and limits thereon, rights and obligations upon and following
termination and assignment.
Indemnification
You agree to defend, indemnify and hold harmless RsR I.T Solutions against any
and all claims, losses, penalties, causes of action, damages, liability, costs,
expenses (including but not limited to reasonable attorneys' fees) or claims
caused by or resulting indirectly from your use of the ISP Network Service,
without limitation or exception, including your violation of any third-party's
rights, (including, without limitation, infringement of any copyright
trademark, service mark, trade secrets, right of privacy or publicity or any
other third party right). The terms of this section shall survive the
termination of your relationship with.
Remedy
You agree that your sole and exclusive remedy to any issues relating to the ISP
Network Service is to discontinue using the Service.
Assignment
In the event of a merger or consolidation, the surviving or new corporation and
any subsidiaries are similarly subject to the rights and obligations of this
Agreement.
Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the complete and
exclusive statement of the Agreement between the parties regarding the products
and services provided hereunder, and supersedes any prior Agreements between
the parties with respect thereto.
Waiver
The failure to enforce a provision of this Agreement shall not be construed as
a waiver or limitation of our right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
Modification of Terms
We reserves the right to modify this policy at any time and without advance
notice, effective upon making the modified provisions available on the Web
Site. You are responsible for regularly reviewing these documents. Continued
use of the ISP Network Services after any such changes shall constitute your
consent to such changes. We do not and will not assume any obligation to notify
you of any changes to these Terms.