CUSTOMER
SERVICE AGREEMENT
This is an agreement between you and Article Seven Internet Solutions
cc regarding your use of Article Seven Internet Solutions cc´s
computers, interactive information, communication and server management
service. This Agreement governs the terms and conditions under which
Article Seven Internet Solutions cc makes the services offered by
Article Seven Internet Solutions cc available to individual consumers
through a personal computer or similar access, or to individual
consumers or small businesses in connection with the
server-admins.NET web hosting or similar services. Under
this Agreement, you must comply with Article Seven Internet Solutions
cc´s then current Acceptable Use Policy,
as updated from time to time by Article Seven Internet Solutions
cc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Article Seven Internet Solutions cc will host an account for
you, the purchaser (hereafter referred to as the Account Holder),
for the Account Holder´s 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 billing@articleseven.co.zaIf you
do not provide this notice, you will be charged for the next terms
rate. There are no refunds on a la carte services.
2. Article Seven Internet Solutions cc´s 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.
Article Seven Internet Solutions cc expressly disclaims any representation
or warranty that the Article Seven Internet Solutions cc services
will be error-free, secure or uninterrupted. No oral advice or
written information given by Article Seven Internet Solutions
cc, its employees, licensors 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 Article Seven Internet
Solutions cc, with or without the grant of a notice or cure period,
such notice or cure period to be granted at the sole discretion
of Article Seven Internet Solutions cc based upon the severity
of the violation. Article Seven Internet Solutions cc 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 of Article Seven
Internet Solutions cc´s then current Acceptable Use Policy,
in the sole and absolute opinion of Article Seven Internet Solutions
cc. Notwithstanding anything in this Agreement, 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 Article Seven Internet Solutions cc from any
and all claims, losses, damages, liabilities, judgments, or settlements,
including reasonable attorney´s fees, costs, and other expenses
incurred by Article Seven Internet Solutions cc, (collectively,
Claims) 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 Article Seven
Internet Solutions cc 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 Netiquette when sending e-mail messages
or posting to newsgroups. Article Seven Internet Solutions cc
will not change passwords to any account without proof of identification,
which is satisfactory to Article Seven Internet Solutions cc,
which may include written authorization with signature. In the
event of any partnership break-up, divorce or other legal problems
that includes Account Holder, Account Holder understands that
Article Seven Internet Solutions cc will remain neutral and may
put the account on hold until the situation has been resolved.
Under no circumstances will Article Seven Internet Solutions cc
be liable for any losses incurred by Account Holder during this
time of determination of ownership, or otherwise. The Account
Holder agrees to indemnify and hold harmless Article Seven Internet
Solutions cc from any and all Claims arising from such ownership
disputes. The terms of this Section will survive any termination
of this Agreement.
6. The Account Holder agrees not to harm Article Seven Internet
Solutions cc, its reputation, computer systems, programming and/or
other persons using Article Seven Internet Solutions cc´s
services. Article Seven Internet Solutions cc reserves the right
to select the server for Account Holder´s website for best
performance. The Account Holder understands that the services
provided by Article Seven Internet Solutions cc are provided on
a shared server. This means that one website cannot be permitted
to overwhelm the server with heavy CPU usage, for example from
the use of highly active CGI scripts or chat scripts. If the Account
Holder´s website overwhelms the server and causes complaints
from other users, the Account Holder has outgrown the realm of
shared servers, and will need to relocate it´s website.
Article Seven Internet Solutions cc will refund any unused portion
of prepaid services. If the Account Holder refuses to comply with
this Section, then Article Seven Internet Solutions cc has the
right to terminate the services provided to the Account Holder
without any refunds of the unused portion prepaid by the Account
Holder. The Account Holder agrees to indemnify and hold harmless
Article Seven Internet Solutions cc and any other Account Holder
from any and all Claims resulting from the Account Holder´s
use of the services provided by Article Seven Internet Solutions
cc The terms of this Section will survive any termination of this
Agreement.
7. The Account Holder´s rights and privileges under this
Agreement cannot be sold or transferred without the prior written
consent of Article Seven Internet Solutions cc.
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. Article Seven Internet Solutions cc 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
Article Seven Internet Solutions cc Acceptable Use 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 Article Seven Internet Solutions
cc, Article Seven Internet Solutions cc may terminate the services
being provided to the Account Holder.
9. Article Seven Internet Solutions cc 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 Article Seven Internet Solutions
cc be liable to the Account Holder for any damages resulting from
or related to any failure or delay of Article Seven Internet Solutions
cc in providing access to the Internet under this Agreement. In
no event shall Article Seven Internet Solutions cc 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 Article Seven Internet Solutions cc 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 Article Seven Internet Solutions cc account may not be transferred
without prior written approval from Article Seven Internet Solutions
cc. 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 Article Seven Internet Solutions
cc services, including any damages resulting there from, until
the Account Holder notifies Article Seven Internet Solutions cc´s
customer service.
11. If Article Seven Internet Solutions cc assigns the Account
Holder an Internet Protocol address in connection with the Account
Holder´s use of the Article Seven Internet Solutions cc
services, the right to use that Internet Protocol address will
remain with and belong only to Article Seven Internet Solutions
cc, and the Account Holder will have no right to use that Internet
Protocol address except as allowed by Article Seven Internet Solutions
cc in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the
Account Holder and Article Seven Internet Solutions cc with respect
to the Article Seven Internet Solutions cc services and supersedes
all prior agreements between the Account Holder and Article Seven
Internet Solutions cc.
Article Seven Internet Solutions cc´s failure to enforce
any provision of this Agreement shall not be construed as a waiver
of any provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable portion will
be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remainder
of the provisions will remain in full force and effect. The terms
of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising
out of this Agreement in a spirit of cooperation and with a problem-solving
mindset, without formal proceedings. Any dispute, which cannot
be so resolved, shall be subject to binding arbitration upon the
written demand of either party. Arbitration shall take place in
South Africa. Should any legal action permissible under this Agreement
be instituted to enforce the terms and conditions of this Agreement,
in particular the right to collect money due on unpaid invoices,
the prevailing party shall be entitled to recover attorney-and-client
costs from the moment of handing over the matter to attorneys
until date of final payment. The terms of this Section will survive
any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Article Seven
Internet Solutions cc harmless from any and all Claims resulting
from or connected with any activities conducted by the Account
Holder. The Account Holder and Article Seven Internet Solutions
cc will promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted pursuant to this
Agreement. The rights and responsibilities established in this
paragraph will survive any termination of this Agreement.
15. Article Seven Internet Solutions cc may include the Account
Holder´s name and contact information in directories of
Article Seven Internet Solutions cc´s service subscribers
for the purpose promoting the use of the services by additional
potential clients. However, Article Seven Internet Solutions cc
is not authorized to print the Account Holder´s name, trademarks
or other identifying information in any other advertising or promotional
materials without the prior written consent of the Account Holder.
16. 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 Article Seven Internet
Solutions cc 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.
17. Notices required by this Agreement shall be in writing and
shall be delivered either by personal delivery or by mail. If
delivered by mail, notices shall be sent by any express mail service;
or by certified or registered mail, return receipt requested;
with all postage and charges prepaid. All notices and other written
communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, or as specified
by subsequent written notice delivered by the party whose address
has changed.
18. Because the Internet is a global communication tool, and
we have clients from nearly every country in the world it is difficult
to dictate what is considered adult material.
However, it is not our function to discriminate against those
who choose to utilize adult content or adult related material.
This being said, there are still several reasons why Article Seven
Internet Solutions cc has been forced to create its no adult sites
policy for its virtual server users.
19. Virtual account holders can receive a refund if account is
cancelled within the initial 30 days after sign up. Reseller account
holders can receive a refund if account is cancelled within the
initial 7 days after sign up. If the account holder cancels after
the time period specified, there will be no refund given.
20. Once your account has exceeded its alloted resource limits
(such as, but not limited to bandwidth or diskspace) additional
fee´s will be applied. Full responsibility for any excess
resources generated by an account is assumed by the account holder.
Temporary closure of accounts after resource exhaustion will not
be applied automatically unless specified by the account holder.
NB: please view our ´hosting package´ pages within
our website for current pricing and general information regarding
this.
21. If an account holder´s account becomes overdue, the
account will be suspended. Interest will accrue on the overdue
account at a rate of 15% per month until the outstanding balance
is paid in full. Suspended accounts will only be reactivated upon
payment in full of all monies due, inclussive of a R300.00 administration
fee.
22. If an account holder charges back for services rendered,
a R200 charge back fee will be added to the amount charged back
by the customer.
23. If an account holder´s account is overdue for 30 days,
the account will be handed over to an outside collection agency.
At that time the account holder will incur a R300 collection fee
added to the balance previously due.
24. All new accounts are subject to validation of details supplied
during the sign up process.
25. You agree that Article Seven Internet Solutions cc may establish
limits concerning use of any Article Seven Internet Solutions
cc service offered on any Article Seven Internet Solutions cc
web site, including without limitation the maximum number of days
that e-mail messages will be retained by any Article Seven Internet
Solutions cc service, the maximum number of e-mail messages that
may be sent from or received by an account on any Article Seven
Internet Solutions cc service, the maximum size of an e-mail message
that may be sent from or received by an account on any Article
Seven Internet Solutions cc service, the maximum disk space that
will be allotted on Article Seven Internet Solutions cc´s
servers on your behalf either cumulatively or for any particular
service. You agree that Article Seven Internet Solutions cc has
no responsibility or liability for the deletion, corruption or
failure to store any messages or other content maintained or transmitted
by any Article Seven Internet Solutions cc service. You acknowledge
that the features, parameters (for example, the amount of storage
available to users) or existence of any Article Seven Internet
Solutions cc service may change at any time.
26. In the event of 30 days of non-payment, you agree to Article
Seven Internet Solutions cc´s 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 Article Seven Internet Solutions
cc.
27. Article Seven Internet Solutions cc 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.
28. The responsibility of all passwords and other related sensitive
information is assumed by the account holder, should any additional
fee´s arise from resource consumption due to poor credentials
(such as, but not limited to blank passwords or test
accounts) no fault shall be levied on Article Seven Internet Solutions
cc.
What does Article Seven Internet Solutions cc consider Adult
Material?
Any site whose revenue is gained in part or whole from its adult
content.
Photos or videos showing frontal nudity on either men or women
for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Article Seven Internet Solutions cc have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many websites &
domains reside on each particular server. This being said, consider
that an average adult site gets more hits
than 100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we allowed
these high traffic sites to also reside on our servers. On top
of that, we would be forced to raise our prices to pay for the
additional bandwidth. We strive to keep our service offering fast
and inexpensive, and our bandwidth clear; therefore, adult sites
are not an option.
Article Seven Internet Solutions cc reserves the right to decide
what it considers adult content, adult
material, sexually explicit,
or sexually related.
Let us know if you are unsure of the approval of your site before
placing an order.
Modification
Article Seven Internet Solutions cc reserves the right to add,
delete, or modify any provision of this Policy at any time without
notice.
Reporting Network Abuse
Any party seeking to report any violations of Article Seven Internet
Solutions cc´s policy may contact
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