Terms and Usage Policy
Each of IT911 Hosting Solution's web hosting plans come with a 30 day money
back guarantee. If you are not completely satisfied with our services within the
first 30 days, you will be given a refund of the contract amount excluding setup
fees (if any) and overages. Domain Registrations are not refundable.
All cancellations must be forwarded to gordon@it911.co.za. All other forms of notice will not constitute acceptance of any cancellation
By using our web hosting services, you agree to comply with our policies. You
are expected to use the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users. We expect you to have a
basic knowledge of how the Internet functions, the types of uses which are
generally acceptable, and the types of uses which are to be avoided. Common
sense is the best guide as to what is considered acceptable use. The following
are unacceptable uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software, violation of
export restrictions, harassment, fraud, trafficking in obscene material, drug
dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be
exhaustive. Generally, conduct that violates law, regulation, or the accepted
norms of the Internet community, whether or not expressly mentioned in this
Policy, is prohibited IT911 Hosting Solutions reserves the right at all times to
prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
Our servers may be used only for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or regulation is
prohibited. This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes a legal
threat, or violates export control laws. Examples of unacceptable content or
links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc
Bots", "Mp3" etc.
There is also a limit of 100MB of image files that a normal hosting package can have. Individual file size cannot be more 1MB unless it a software that is written by your company and are selling on your site. But even for this you must first email gordon@it911.co.za. so we can setup the domain to the required specifications We will decide as to what constitutes a violation of this provision.
Policy on Hosting packages
We do not allow any media files of any extension at all on our servers and do not support forum/blog dedicated websites. Although Flash intros and websites done in flash are allowed. You cannot offer free diskspace, bandwidth or free email on your website to users as these are business servers and we allow you to use our resources and no abuse it. Database sizes are 100mb max. You can only host one business website on one hosting account. No bulk download/upload websites can be hosted on these packages. There is also a limit of 100MB of image files that a normal hosting package can have. Individual file size cannot be more then 1MB unless it's a software that is written by your company and are selling on your site. But remember even for this you must first confirm with gordon@it911.co.za. For special requirements please contact us.
The reasons behind these strict policies are to maintain high quality of
bandwidth and other resources so all our customers can enjoy equal quality of
our services.
Reselling of resource, System and Network Security
You are not allowed to resell any part of the resources allocated to your
hosting account(i.e. diskspace, email etc) nor re-distribute them in anyway
without our consent. Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples include, but are not
limited to the following: unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with service
to any user, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an
e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or
programs which consume excessive CPU time or storage space, permits the use of
mail services, mail forwarding capabilities, POP accounts, or auto responders
other than for their own account; or resale of access to CGI scripts installed
on our servers.
No one shall post defamatory, scandalous, violent or private information about a
person without their consent, intentionally inflicting emotional distress, or
violating trademarks, copyrights, or other intellectual property rights.
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited. A user
shall not use another site's mail server to relay mail without the express
permission of the site or distributing, advertising or promoting software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is a Crime to send unsolicited mass e-mailings, if such unsolicited
e-mailings provoke complaints from the recipients;
To falsify user information provided to IT911 Hosting Solutions or to other
users of the service in connection with use of IT911 Hosting Solutions services.
When IT911 Hostin Solutions becomes aware of an alleged violation of its Terms
and usage Policy, It911 Hosting Solutions will initiate an investigation (within
24-48 hours). During the investigation IT911 Hosting Solutions may restrict
Customer 's access in order to prevent further possible unauthorized activity.
If the Customer is found in violation of our SPAM policy, we may, by our
discretion, restrict, suspend, or terminate Customer's account and/or pursue
other civil remedies. Also, IT911 Hostin Solutions reserves the right to pursue
civil remedies for any costs associated with the investigation of a
substantiated policy violation. If such violation is a criminal offence, IT911
Hosting Solutions will notify the appropriate law enforcement department of such
violations.
IT911 Hosting Solutions does not give credits for any outages incurred through
service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by IT911
Hosting Solutions as a result of the customer's violation of these terms and
conditions. This is including, but is not limited to, attorney fees and costs
resulting from Staff responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations. The Customer who violates this policy agrees to also pay
Investigation Fees of no more than R1500 per hour that IT911 Hosting Solutions
personnel must pay to investigate any violations.
It911 Hosting Solutions reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Any party seeking to report any violations can email gordon@it911.co.za
This is an agreement between you and IT911 Hosting Solutions regarding your use
of our Services, interactive information, communication and server management
service. This Agreement governs the terms and conditions under which IT911
Hosting Solutions makes the services offered to individual consumers through a
personal computer or similar access, or to individual consumers or small
businesses in connection with the web hosting or similar services. Under this
Agreement, you must comply with , IT911 Hosting Solutions Terms and Usage
Policy, as updated from time to time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. IT911 Hosting Solutions will host an account for you, the purchaser , for the purchasers chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to gordon@it911.co.za If you do not provide this notice, you will be charged for the next terms rate.
2. IT911 Hosting Solutions services are 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. IT911 Hosting Solutions expressly disclaims any representation
or warranty that the IT911 Hosting Solutions services will be error-free, secure
or uninterrupted. No oral advice or written information given by IT911 Hosting
Solutions, its employees, of the like, will create a warranty; nor may you rely
on any such information or advice. The terms of this Section will survive any
termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services
can only be used for legal purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account Holder agrees not to store,
transmit, link to, advertise or make available any images containing
pornography. Violations of these or any other provisions of this Agreement may
result in termination of the services provided by IT911 Hosting Solutions, with
or without the grant of a notice or cure period, such notice or cure period to
be granted at the sole discretion of IT911 Hosting Solutions based upon the
severity of the violation. IT911 Hosting Solutions reserves the right to refuse
service if any of the content within, or any links from, the Account Holder's
website is deemed illegal, misleading, or obscene, or is otherwise in breach,
the content of the Account Holder's website is the sole responsibility of the
Account Holder. The Account Holder agrees to indemnify and hold harmless IT911
Hosting Solutions from any and all claims, losses, damages, liabilities,
judgments, or settlements, including reasonable attorney's fees, costs, and
other expenses incurred by IT911 Hosting Solutions related to or in connection
with the content of the Account Holder's website. The terms of this Section will
survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to the Account Holder. Account
Holder is aware that IT911 Hosting Solutions reserves the right to change the
specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of sending
e-mail messages or posting to newsgroups. Account Holder is responsible for
security of its password. IT911 Hosting Solutions will not change passwords to
any account without proof of identification,
6. The Account Holder agrees not to harm IT911 Hosting Solutions, its
reputation, computer systems, programming and/or other persons using IT911
Hosting Solutions services. The Account Holder understands that the services
provided by IT911 Hosting Solutions are provided on a shared server. This means
that one website cannot be permitted to overwhelm the server with heavy CPU
usage.
7. The Account Holder's rights and privileges under this Agreement cannot be
sold or transferred without the prior written consent of IT911 Hosting
Solutions.
8. If the Account Holder sells or resells advertising or web space to a third
party then the Account Holder will be responsible for the contents of that
advertising and the actions of that third party. IT911 Hosting Solutions has the
absolute right to reject any advertising or other third party content that is
illegal, offensive or otherwise in breach of the then current Terms and Usage
Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or
"UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder
refuses to remove any advertising or other third party content deemed
objectionable by IT911 Hosting Solutions, We may terminate the services being
provided to the Account Holder.
9. IT911 Hosting Solutions will use its best efforts to maintain a full time
Internet presence for the Account Holder. The Account Holder hereby acknowledges
that the network may, at various time intervals, be down due, but not restricted
to, utility interruption, equipment failure, natural disaster, acts of God, or
human error. In no event shall IT911 Hosting Solutions be liable to the Account
Holder for any damages resulting from or related to any failure or delay of
IT911 Hosting Solutions in providing access to the Internet under this
Agreement. In no event shall we be liable to the Account Holder for any
indirect, special or consequential damages or lost profits arising out of or
related to this Agreement or the performance or breach thereof. The aggregate,
total liability of IT911 Hosting Solutions under this Agreement, if any, shall
in no event or circumstance exceed the total amount actually paid by the Account
Holder hereunder. The terms of this Section will survive any termination of this
Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The Account Holder is
responsible for the use of each account, whether used under any name or by any
person, and for ensuring full compliance with this Agreement by all users of
that account. A IT911 Hosting Solutions account may not be transferred without
prior written approval from us. The Account Holder is responsible for
maintaining the confidentiality of his/her password. In the event of a breach of
security through the Account Holder's account, the Account Holder will be liable
for any unauthorized use of our services, including any damages resulting there
from, until the Account Holder notifies customer service.
11. The interpretation and enforcement of this Agreement shall be governed
according the laws of the Republic of South Africa (excluding its choice of law
rules). The Account Holder hereby consents to personal jurisdiction in the
federal and provincial courts of South Africa for any action arising out of or
relating to the Account Holder's use of the IT911 Hosting Solutions services.
The federal and provincial courts of South Africa will have exclusive
jurisdiction over all such actions. In any such action, the prevailing party
will be entitled to recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both taxable and non-taxable,
and reasonable attorney's fees. The terms of this Section will survive any
termination of this Agreement.
12. IT911 Hosting Solutions may temporarily deny service or terminate this
Agreement upon the failure of Account Holder to pay charges when they become
due. Such termination or denial will not relieve the Account Holder of
responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees.
13. If an account holder's account becomes overdue, the account will be
suspended. Interest will accrue on the overdue account at a rate of 5% per month
until the outstanding balance is paid in full.
14. If an account holder charges back for services rendered, a R400 charge back
fee will be added to the amount charged back by the customer.
15. If an account holder's account is overdue for 90 days, the account will be
handed over to an outside collection agency. At that time the account holder
will incur a R400 collection fee added to the balance previously due.
16. You agree that IT911 Hosting Solutions may establish limits concerning use
of any service offered on any web site, including without limitation the maximum
number of days that e-mail messages will be retained by any service, the maximum
number of e-mail messages that may be sent from or received by an account on any
service, the maximum size of an e-mail message that may be sent from or received
by an account on any service, the maximum disk space that will be allotted on
the servers on your behalf either cumulatively or for any particular service.
You agree that we have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by any service. You acknowledge that the features, parameters (for
example, the amount of storage available to users) or existence of any service
may change at any time.
17. In the event of 30 days of non-payment, you agree to IT911 Hosting Solutions
right to place a non-payment page on your domain. Furthermore you agree that DNS
of your domain will remain unchanged until full payment for the outstanding
balance on your account has been received by us.