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"i360 SA"
POLICY AND SERVICE GUIDELINES (Terms Of
Service)
"i360" provides Web Hosting to many different clients,
therefore we have the responsibility to protect each of our clients and their
interests and to provide the best services available. The following
guidelines were designed to ensure that these obligations are met.
These Policies, Guidelines, and Disclaimer are intended for
all domains residing on the various i360 upstream data centre servers.
Content
All services provided by i360 may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or
material in violation of any local or international law is prohibited.
This includes, but is not limited to: copyrighted material, material we
determine to be antagonistic or indecent, or material protected by trade
secret and other law. The subscriber agrees to indemnify and
hold harmless i360 from any claims resulting from the use of the
service which damages the subscriber or any other party.
Pornography and sex-related web hosting of any kind is prohibited on all
i360 servers. This includes sites that may infer sexual content, or
links to adult content elsewhere. i360 will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to i360 servers or any other server on
the internet. Links to such materials are also prohibited.
Any content promoting
discrimination on the basis of race, creed or religion is prohibited.
Examples of unacceptable content or links or usage:
Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material (e.g. MP3's)
Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of
our systems resources: Multiple domains residing at a single IP address,
domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar,
etc.), and domain accounts offering download files.
We are not saying that your web site cannot contain such files as
scripts (just one example), however if at any time they consume 5% or
more of our systems resources you might be contacted to resolve the
problem or if an emergency - your account would be disabled.
i360 will be the sole arbiter as to what constitutes a violation of
these terms.
TRAFFIC
USAGE
All account plans come with a free-upgrade traffic allowance.
This means if your site exceeds the default of 3Gigs, we will increase
it for you at no extra cost, and as long as traffic is not the result of
file storage or file sharing methods.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from an i360
server or using an email address or domain that is maintained on an
i360 machine as reference is STRICTLY prohibited. Selling software or
services related to email advertising is prohibited, too. i360 will be
the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms
We do not allow clients to install their own chat rooms. These
tend to be a large drain on system resources and we cannot allow it as
an account option.
Background Running Programs
We may allow programs to run continually in the background,
however should these programs cause server performance issues, we will
ask you to stop.
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers.
Forums
You will be allowed to install any kind of Forums software.
However - many CGI-based applications may use more system resources than
like PHP based software. We recommend the use of applications like phpBB
or vBulletin forum software. If necessary we will require you to shut
down the forum or move to a dedicated server.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of i360 is strictly prohibited.
Refusal of
Service
We reserve the right to refuse, cancel, or suspend service at our
sole discretion and with no further justification.
All Sub-Networks, and distributive hosting sites servers of i360 must
adhere to the above policies.
BILLING
Recurring Billing...
The charge for the
Subscribers entitlement to make use of the service on a monthly basis
is a monthly fee, which is payable monthly in advance by the Subscriber
to i360 Hosting.
We send out invoices each month. All credit cards are billed
automatically monthly, quarterly or semi-annual. Debit orders are
processed monthly. It is the subscriber's responsibility to ensure that they
have sufficient credit to cover this transaction. In the event that
there is insufficient credit, as a courtesy we will send an email
notification requesting manual payment, or new billing information. If
we do not receive a response within 24 hours the account will be
deactivated and any accounts under that account plan.
Account Deactivations
Any account deactivated due to non-payment will be deactivated
and we require a reactivation fee of R120.00 to be paid prior to
reactivating the account.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts cancelling
after their 30 day initial account activation period. Therefore only
prepaid full monthly fees existing on account will be refunded.
Currency
All prices are in primarily in South African Rands. We are not
responsible for any currency exchange fees of your credit card company
or your bank.
LIMITATION OF LIABILITY
i360 and any of i360's upstream providers shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
i360 servers going off-line or being unavailable for any reason
whatsoever. Furthermore, i360 shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from
the corruption or deletion of any web site from one of i360 servers
(including consequential or incidental loss or damage which shall
include but shall not be limited to loss to property or of profit,
business, goodwill, revenue or anticipated savings). All damages shall be limited to the immediate termination of service. All
subscribers are advised to pull regular backups of their sites. We
cannot be held responsible for missing files, data or lost business out
of this.
You agree to indemnify, defend, and hold harmless i360 from any and
all liability, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action or claims caused by or resulting indirectly from
your use of the service which damages either you, i360, or any other
party or parties without limitation or exception. This indemnification
and hold harmless agreement extends to all issues associated with your
account, including but not limited to domain name selection and Web site
content.
Violations of these Acceptable Uses Policies should be referred to:
support @ i360.co.za
All complaints will be investigated promptly. Failure to follow any term
or condition will be reason for immediate account deactivation.
DISCLAIMER
i360 cannot be held liable for unexpected system downtime,
crashes, or data loss. We cannot be held liable for any predicted
estimate of profits in which a subscriber would have gained if their site
was functioning. Certain equipment, routing, software, and programming
used by i360 are not directly owned or written by i360. We also
depend on the services and terms of our upstream data centres.
Moreover, i360 holds no responsibility for the use of our subscribers' accounts. If
any terms or conditions are failed to be followed, the account in
question will be automatically deactivated. We reserve the right to
remove any account without advanced notice for any reason without
restitution as i360 sees fit. We cannot be held liable for links to
other sites placed on our systems by clients - the client/owner of a
site is responsible for the content and activity of his/her site!
SUBSCRIBER'S LEGAL OBLIGATIONS
The subscriber may not at any time use the service in contravention of
any South African or international law or any laws pertaining to the
region in which the subscriber resides or operates. In particular, the
subscriber undertakes to familiarize itself and ensure that it is kept
continuously appraised of all South African law in force from time to
time, which has any bearing on the service and/or its use. i360 Hosting
has no obligation to assist the subscriber in this regard.
ACCOUNT ACTIVATION
By activating your account with "i360", you agree to the above
policies and disclaimer.
NOTICE: If you sign up for an account and do not follow our terms. No
refunds will be given. We will however let you know by email or phone
before any action is taken and you will have a chance to solve the
matter.
FURTHERMORE, i360 retains the right to change any or all of the above
Policies, Guidelines, and Disclaimer without notification. We also
retain the right to increase any pricing, and make changes to our
account plans without notification. Our services may only be used for
lawful purposes - any use of these services which violates any laws
which may apply to i360, your local jurisdiction, or any jurisdiction
that you or your site may be subject to is strictly prohibited. You also
agree 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 need to have parental consent in order to sign up, and the account
must be ordered by a parent or guardian, in their own name. You agree to
supply i360 with a current and legitimate name, postal address and
telephone number for our records, and you have a continued obligation to
keep this information current. You also agree that you are an authorized
user of any credit card that you supply to us, and you understand and
agree that we have an obligation to fully investigate any possible
fraudulent credit card use.
Money Back Guarantee: If you do not like our service during the first 30
days and you would like to move-on to a different web hosting provider
we will refund your web hosting fees. Unfortunately we are not able to
refund the setup fees (if there are any) as this is a one-time fee to
activate your account. The guarantee is also void if you used more than
2 GB bandwidth on your account. This is to protect i360 from people
who move from web host to web host by using similar guarantees to gain
access to 'free' resources. 30 days as well as 2 GB bandwidth should
give each customer enough time to test our services and performance of
our support and of our servers. The 30 day money back guarantee only
applies to web hosting services. Domain Name Registration or web design
services or any other services we might provide are not included and not
covered under this guarantee.
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