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IMPORTANT NOTICE: All Payments To Blue Sky Internet Online cc Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!
Internet Online("The Company") agrees to furnish services to the client, subject to the following TOS (Terms of Service).
Use of Internet Online’s Service constitutes acceptance and agreement to Internet Online’s AUP, Internet Online’s TOS (Terms of Service) as well as Internet Online’s SLA (Service Level Agreement).
All provisions of this contract are subject to the TOS (Terms of Service) of Internet Online, AUP (Acceptable Use Policy) and Internet Online’s SLA (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the Republic of South Africa applicable to contracts enforceable in that Country. Venue will be Cape Town magistrate court or high court. In the case of servers hosted in the United States this Agreement shall be construed in all respects in accordance with the laws of the state of Iowa, county of Black Hawk applicable to contracts enforceable in that state. Venue will be Black Hawk County, Iowa.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition Internet Online shall have the right to terminate all service set forth in this Agreement.
Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.
Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.
Payments and Fees: Credit cards that are declined for any reason are subject to a R50.00 declination fee if they are unable to be processed on the 2nd attempt. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment is subject to a R250.00 reconnect charge. Accounts that are not collectable by Internet Online will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than R250 nor more than R1250. If you desire to cancel your account, please email CancelAcc-at-internetonline-dot-co-dot-za
Refund and Disputes: All payments after the initial 30 days of service to Blue Sky Internet Online cc are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Internet Online’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Internet Online an "Administrative Fee" of not less than R250 and not more than R1250.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for cancelling accounts should be made 30 days in advance. 30 days from the notice date, server access will be disabled. If for any reason after submitting cancellation access is enabled a R250.00 fee will be applied.
Account cancellations should be process via
E-mail:
CancelAcc- at - InternetOnline-dot-co-dot-za
Mail
Blue Sky Internet Online
Attn: Cancellations
P O Box 27193
Rhine Rd 8050
South Africa
Fax:
+27-21-421 9215
You must submit all account information to request cancellation.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Support Boundaries: Internet Online, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Internet Online provides support related to your server or functioning. Internet Online does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Internet Online does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@digitalhost.co.za or utilize the online live support accessible from www.digitalhost.co.za or contact us on MSN Messenger for assistance. Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Internet Online is required to login to your server to provide support, system administration fees can be applied to your account.
SPAM and Unsolicited Commercial Email (UCE): Internet Online takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Internet Online may not use or permit others to use our network to transact in UCE. Clients of Internet Online may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Internet Online’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Internet Online will initiate an immediate investigation (within 48 hours of notification). During the investigation, Internet Online may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Internet Online may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Internet Onlinere serves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Internet Online will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an "Administrative Fee" of R1500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of R3000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed R375 per hour that Internet Online personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Clients are ultimately responsible for the actions of their clients over the Internet Online network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
Network
IP Address Ownership: If Internet Online assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Internet Online, and Customer shall have no right to use that Internet Protocol address except as permitted by Internet Online in its sole discretion in connection with the Services, during the term of this Agreement. Internet Online shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Internet Online, and Internet Online reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Internet Online website. Internet Online will monitor Customer's bandwidth via MRTG. Internet Online shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Internet Online’s sole and absolute discretion. If Internet Online takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Internet Online may, at its sole discretion, collect a deposit, in an amount determined by Internet Online, against customer's credit card on file with Internet Online.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Internet Online Network. Violations of system or network security may result in civil or criminal liability. Internet Online will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Addition of IP addresses that have not been specifically assigned to the server.
Notification of Violation: Internet Online is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Internet Online determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Internet Online’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Internet Online determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Internet Online reserves the right to suspend network access to any customer if in the judgment of the Internet Online network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Internet Online chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Internet Online reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Internet Online must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: Internet Online wishes to emphasize that in agreeing to the Internet Online Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Internet Online for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Internet Online or the bringing of any claim against Internet Online by any third-party. This means that if Internet Online is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Internet Online, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.
Internet Online takes no responsibility for any material input by others and not posted to the Internet Online Network by Internet Online. Internet Online is not responsible for the content of any other websites linked to the Internet Online Network; links are provided as Internet navigation tools only. Internet Online disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Internet Online is not responsible for any damages your business may suffer. Internet Online does not make implied or written warranties for any of our services. Internet Online denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Internet Online.
Responsibility for Content: You, as Internet Online’s customer, are solely responsible for the content stored on and served by your Internet Online server.
Acceptable Use Policy
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