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Acceptable Use Policy
Terms of Service: Your Rights and Responsibilities
Sysengine referred hereinafter as ‘Sysengine’,
'Sysengine hosting services’, 'our', 'we' and 'us') is an
internet solutions including web hosting business. All
accounts on our web servers are subject to the terms and conditions
described in this document. Under the terms of this agreement, your
placement of information on our servers is an acknowledgement that
you have read, understand, and agree to be bound
by the terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of
these services which violates any laws which may apply to Sysengine,
your local jurisdiction, or any jurisdiction that you or your site
may be subject to is strictly prohibited.
This means that while using the service, you may not:
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Post or transmit any unlawful, threatening,
abusive, defamatory, obscene, offensive, pornographic, indecent,
profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offence,
give rise to civil liability, or otherwise violate any law.
-
Restrict or inhibit any other user from using and
enjoying the Internet.
Sysengine reserves to the right to the final decision on what
constitutes abuse.
2.
Resource Usage
Users may not initiate the following on our servers:
-
Run any process that requires more than 8Mb of
memory space, more than 30 CPU seconds, or use more than 5% of
all available system resources at any time.
-
Run any type of interactive real-time chat
applications that require server resources. Remotely-hosted
services are fully allowed.
-
Run stand-alone, unattended server-side processes
at any point in time on the server. This includes any and all
daemons, such as IRCD.
-
Run any software that interfaces with an IRC
(Internet Relay Chat) network.
3. Adult-Oriented Sites
4. Databases
Databases are only to be used for Sysengine-hosted
web sites, and no outside access will be granted.
5. Zero Tolerance Spam Policy
We take 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.
Sysengine 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. Sysengine also reserves the right to make any such
modifications in an emergency at our sole discretion.
6.
Indemnification
You agree to indemnify, defend, and hold harmless
Sysengine 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, Sysengine, 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.
7. Refusal or discontinuation of service
Sysengine reserves the right to refuse or discontinue
service to anyone at Sysengine’s sole discretion. Sysengine may deny
you access to all or part of the service without notice if you
engage in any conduct or activities that Sysengine in its sole
discretion believes violates any of the terms and conditions in this
agreement. Sysengine shall have no responsibility to notify any
third-party providers of services, merchandise, or information, nor
any responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that Sysengine has
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. Sysengine reserves 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. Sysengine also
reserves the right to refuse refunds in cases where Sysengine
believes abuse has taken place.
8. No warranties
Sysengine makes no warranties or representations,
except the money back guarantee policy, of any kind for the services
being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by
Sysengine or its agents or employees shall create a warranty.
Sysengine provides no warranty that the service will be
uninterrupted or error free or that any information, software or
other material accessible on the service is free from viruses or
other harmful components. Under no circumstances shall Sysengine be
liable for any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability to use
the service, or for third parties' use of the service to access your
Web space, or to access the Internet or any part thereof, or your or
any third parties' reliance on or use of information, services, or
merchandise provided on or through the service, or that result from
mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any failure of
performance. If you are dissatisfied with Sysengine’s service or any
of its terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on
Sysengine’s servers that such information becomes available to all
Internet users and that Sysengine has no way of limiting or
restricting access to such information or protecting such
information from copyright infringement. You assume total
responsibility and risk for your use of Sysengine’s servers and the
Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services and
other information, and the quality and merchantability of all
merchandise provided through Sysengine or on the Internet generally.
Your use of the service is at your sole risk.
Sysengine is not responsible for files and data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on Sysengine servers.
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 by Sysengine, including restrictions on
services available with each service type, restrictions on certain
features, and all other policies.
Sysengine reserves the right to monitor any and all
communications through or with our facilities. You agree that
Sysengine is not considered a "secure communications medium" for the
purposes of the ECPA, and that no expectation of privacy is
afforded.
9. Account-Holder Identification
Information
You 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 Sysengine 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. 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.
10. Violation of the Terms and Conditions
As a reseller, you are responsible for your client's
account(s). If one of your clients is in violation of the terms and
conditions, we reserve the right to suspend or terminate the account
at our sole discretion, depending on the severity of the violation
and will inform you at the email address provided to us at the
signup. If your reseller account is in violation of the terms and
conditions, the same rules apply.
11. Payment Policies, Fees, Refunds and
Terms of Agreement:
Full payment is required before any hosting service
is rendered, which includes renewals. All payment-due notices will
be sent by electronic mail. No bills or invoices will be sent by
postal mail or fax. Prepayment is due each anniversary (30 days, 90
days, 180 days, one years) following the date the account was
established. Billing will continue until you cancel your hosting
account. We require 30 days notice prior to your cycle date
otherwise you are liable for the next cycle. As a policy, we do not
offer credits or refunds for hosting time already paid for.
All monetary transactions are in $Aus dollars.
Additional features can be added at any time. Sysengine reserves the
right to change prices at any time.
12. Account Cancellation:
We require 30 days notice prior to your cycle date.
As a policy, we do not offer credits or refunds for hosting time
already paid for. Phone requests will not constitute acceptance of
any cancellation. To cancel your account, please
contact us.
Notification of cancellation must be received at least 30 calendar
days prior to your cycle date, with the cycle date being the day of
the month you sign up, in order to avoid charges in full for the
next cycle. It is the Clients Responsibility to secure email
confirmation from Sysengine that account has been cancelled. If the
client has not yet received email confirmation of account
cancellation, then the account remains active, and you will continue
to be invoiced.
If Client has a balance due at the time of
cancellation, this balance must be paid in full. Cancellation does
not absolve Client of any outstanding financial obligations.
13. Agreement Acknowledgement
This agreement supersedes any written, electronic, or
oral communication you may have had with Sysengine or any agent or
representative thereof, and constitutes the complete and total
agreement between the parties. In the event that any provision of
this agreement is determined to be invalid or unenforceable, all
other provisions shall remain in full force and effect and said
provision shall be reformed only to the extent necessary to make it
enforceable.
Sysengine reserves the right to change this Usage
Policy at any time without prior notification.
By placing and continuing to maintain or place
information on Sysengine’s servers you are stating and acknowledging
that you have read the aforementioned terms and conditions and that
you understand such terms and conditions and agree to be bound by
them.
14. Banned Scripts
The following scripts are banned from the server
because of:
a). Poor programming
b). Consume too much server resources which degrades performance
UltimateBBS (all versions)
Ikonboard (all versions)
Yabb (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
All Proxy Scripts and Servers are banned
Formmail.pl
Live Chatroom Software
A Zero Tolerance attitude will be taken and enforced
against any occurrences of these scripts
15. Money Back Guarantee
Each hosting and reseller plan includes a full
30-days money back guarantee for new clients.
If you are not completely satisfied with our services
within the refund time period specified for your plan, you will be
given a full refund of the contract amount excluding overages. No
refund is available after that period. This policy does not apply to
any additional services such as overages, disk space, bandwidth,
maintenance fees, etc.
Accounts cancelled/terminated by Sysengine for
violating our Acceptable Usage Policy do not qualify for the 30-day
money back guarantee. Only first-time accounts are eligible for a
refund. For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible for a
refund. This is to protect our refund guarantee from being abused.
To receive a full refund, contact us on 612 9596-0134 or
email us. |
