Terms and Conditions
North Shore IT Solutions (NSIT) agrees to provide the client web hosting for a monthly fee. NSIT will never require clients to advertise for NSIT on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business, commercial or personal websites or web content. NSIT reserves the right to change this agreement at any time without notice.
All services provided by NSIT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is sexual in nature, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless NSIT from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of Non-Acceptable Content or Links:
Hacking programs or archives
Illegal MP3 or related audio files
High Yeald Investment Program (HYIP) sites
Proxys (including links to proxy websites)
Violation of indecency and obscenity laws can result in criminal penalties.
Background Running Programs
NSIT not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, NSIT reserves the right to disable the account pending client cooperation and resolution.
Intellectual Property Rights
Material accessible to you through North Shore IT Solutions's Services may be subject to protection under the Australian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the NSIT Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the NSIT Network. If you use a domain name in connection with the NSIT Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
NSIT reserves the right at its sole discretion to refuse or cancel service. Violation of any of North Shore IT Solutions's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam or Unsolicited E-Mail
You must not use the NSIT Network, NSIT equipment or any NSIT email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the NSIT Network, NSIT equipment or any NSIT email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, NSIT reserves the right to
disable your domain without warning. In addition, NSIT will impose a $500
penalty for each spam policy violation. NSIT solely reserves the right to refuse
or cancel service to known spammers. Lastly, NSIT reserves the right to
determine what violates this policy. As such, any violation may result in
cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a NSIT server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Customer agrees that it shall defend, indemnify, save and hold NSIT (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against North Shore IT Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NSIT against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NSIT server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of NSIT to the amount paid for service.
Refund and Cancellation Policy
For payment, NSIT has engaged 2CheckOut.com Inc.(Ohio, USA) as an authorised reseller of our products and services. NSIT invoices exclusively via e-mail. NSIT does not send out invoices via postal services.
You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period.
If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to NSIT.
However, if customer cancels fifteen (15) days before recurring
monthly billing date customer will not be billed for the next month and all
payments thereafter will be cancelled with immediate effect.
Please note All Payments are done automatically monthly, quarterly or annually depending on your hosting package.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 14 day grace period after which the account is put on suspension.
If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $20 reactivation fee as well as payment of the balance due in full.
You must create a support ticket in order to cancel your account. On receipt of the ticket, your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for cancelling.
NSIT will not be responsible for any damages your business may suffer. NSIT makes no warranties of any kind, expressed or implied for services we provide. NSIT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NSIT and its employees. NSIT makes a 99.9% Uptime guarantee.
NSIT keeps daily backups of their servers. NSIT can accept no responsibility for any loss of data or consequences arising from this. NSIT always advises clients to back up their site data regularly for its own protection.
Finally, NSIT wishes to emphasise that in accepting services, customers indemnify NSIT for the violation of any law or NSIT policy, that results in loss to NSIT or the bringing of any claim against NSIT . This means that if NSIT is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against North Shore IT Solutions, plus costs and reasonable legal fees.
Failure to comply
with any of our terms & conditions will result in grounds for immediate account
NSIT reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.