Terms of Service
1.This Agreement represents the complete agreement and understanding between Softsource and our customers, resellers and other users (each, a "Customer") and supersedes any other written or oral agreement with respect to the information and communications technology services ("Services") provided as outlined in initial signup documentation. Upon 30 days' notice by email, Softsource may modify or amend these terms and conditions, including Softsource's schedule of rates and charges, or may discontinue or change the services offered. Customer acknowledges that use of Customer's account (the "Account") and or Services with Softsource constitutes Customer's approval of these terms and conditions. If Customer is not satisfied with these terms and conditions, they must discontinue use of Services.
2. Subject to the provisions hereof, the Account will be opened upon provision of Services, and will remain operational unless and until Services are cancelled by Customer and full payment is received by Softsource. Softsource will automatically renew Customer's Services, and shall rebill a customer's credit card at the beginning of each 30 day billing cycle. Customer acknowledges that it is their responsibility to cancel Services if they do not wish to continue with service before automatic renewal takes place.
3. Customer agrees to use Services within the parameters of the Acceptable Use Policy ("AUP").
4. Charges for Services provided hereunder are payable monthly by credit card at the beginning of each 30 day billing cycle. If payment by credit card is not received the Customer will be notified by email of the payment default and has a 72 hour notice period to remedy the default. Softsource will suspend the Customer’s Services if payment default is not remedied within the 72 hour notice period. Should payment not be received within a further 7 days following suspension of the Services, Softsource will terminate the Services permanently and delete all Customer data. Furthermore the Customer agrees that neither termination, suspension of Services or deletion of Customer data relieves the Customer of their obligation to pay Softsource for outstanding Service charges.
5. Customer hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by Softsource in the collection of any outstanding amounts owed by Customer with respect to the services provided, together with any applicable late charges, surcharges, interest and any other charges and expenses whatsoever incurred or applied by Softsource in that regard.
6. Softsource provides Customer with access to information and communications technology resources. Customer warrants that they have the knowledge and expertise necessary to configure, maintain, and secure their server. Unless Customer selects a management plan, Softsource's responsibility is limited to providing access to resources contracted by the customer and through online control panel and shell access. Softsource takes no responsibility whatsoever in regards to the performance or function of the software within each server instance, even if it is pre-installed by us.
7. Softsource makes every reasonable effort to maintain uninterrupted operation of Services, subject to regularly scheduled maintenance cycles. Softsource shall not be liable for any failure or delay in performance of its service, which is caused by circumstances beyond the reasonable control of Softsource including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS issues outside Softsource's reasonable control or failure or outage of any telecommunications links or other connections forming part of the Internet which are not under the control of Softsource.
8. Customer is responsible for maintaining their own copy of any content published via Services. Customer understands that no intellectual property rights are assigned to Customer in the use of Services provided by Softsource unless otherwise specifically contracted. Intellectual property rights belonging to Customer are assigned to Softsource via the use of Services provided by Softsource unless otherwise specifically contracted.
9. Customer is solely responsible for securing Customer's user name and password. Customer is solely responsible for changing Customer's password as required to assure secure access to Customer's account. Customer is responsible for any misuse of Services, even if the misuse was committed by a friend, family member, guest, employee or customer with access to Customer's Account or Services, regardless of whether it was with or without your consent.
10. The Account cannot be transferred, sold or assigned to any third party or used by anyone other than Customer. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Agreement.
11. Either party may terminate this Agreement at any time upon 14 days' written notice to the other party. Softsource reserves the right to cancel any account, at any time, without notice, for any reason Softsource considers appropriate. Fees for set-up (if applicable) are not refundable.
12. Customer shall ensure that its use of Softsource's network services shall not disrupt Softsource, its agents, service Softsource's or any of its associated networks, systems or equipment.
13. Softsource does not tolerate SPAM. Customer shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, broadcast or otherwise sent on an intrusive basis to any other user of Softsource's services or to any directly or indirectly attached network. Use of the e-mail system to send unsolicited e-mail or UseNet postings is specifically not allowed from any Softsource account. If spam, unsolicited emails or UseNet postings are detected from Customer's Services, or any similar method is used to promote Customer's site, Customer's access to Services may be immediately terminated.
14. Any use of these services which violates any local, state, federal or international laws applicable to Softsource, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited. Use of Softsource's connection in a manner that is determined by Softsource in its sole discretion to be disruptive, damaging, unlawful, abusive, offensive, intrusive or otherwise undesirable shall be considered a breach of this Agreement and may result in revocation of Customer's access privileges and the cancellation of services. Softsource reserves the right to take action, including legal or suspension of or termination of a service, against a Customer who interferes with the rights of another Customer or third party, or attempts to interfere with the smooth running of the Internet or Softsource's services.
15. Customer accepts full responsibility for all emails that are sent from or through Softsource services. If an IP address associated with Customer's Services becomes listed in one of the major anti-spam databases, or if Softsource is otherwise notified of spam originating from your server, Softsource reserves the right to immediately suspend Customer's Account and/or Services. Repeated offences will result in the termination of Customer's Account.
16. Customer specifically agrees not to use Softsource's service in any manner that is or may be construed as illegal, libellous, or in violation of any policy of Softsource or in breach of any of the terms and conditions of this Agreement. Transmission or publication of any information, data or material in violation of any federal or state/provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade mark, trade secret, patent, statutory common law, other statute, or proprietary interest of others, or material that contains anything libellous, or any threatening or obscene material. Softsource reserves the right to remove any and all materials which, in Softsource's determination, infringe these restrictions. Such materials will be removed at any time without notice upon Softsource receiving a complaint and or notice of copyright infringement.
17. The billable service period begins on the date the services become available to Customer.
18. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
19. No advice or information, whether oral or written, obtained by Customer from Softsource, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
20. Use of these services will involve listing Customer's participation in relevant directories, and Customer expressly grants permission for such listings.
21. Softsource requires that all agreements be signed and all payments thereunder be made by a person who is qualified to contract. Accordingly, subscribers must be over the age of eighteen (18) years. Softsource cannot enter into contracts nor accept payments from persons who are not at least 18 years of age.
22. Softsource guarantees 99.9% Virtual Server availability. Virtual Server Availability is defined as the ability to retrieve a successful response from probes on core hardware node services responsible for managing the Virtual Server environment. Availability is calculated on a monthly basis. Softsource will not monitor availability of individual Virtual Servers but only monitors the server availability as a whole. Denial of service attacks or other types of attacks contributing to downtime will not be included in Server Availability calculations.
23. To verify the Server Availability, Softsource will probe core hardware node services on the server every five minutes, with a 30-second failure threshold. If the probe is not successful, the server is considered non-operational and it is immediately escalated to technical support and system engineers. If two or more consecutive server probes fail, server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than five minutes in duration is not recorded. Softsource will calculate server uptime and refund eligibility amounts based on this type of server monitoring.
24. Upon your written or email notice to Softsource, if server availability for the full month is below the guaranteed level, Softsource will issue a refund to Customer according to the schedule below.
Virtual Server Availability 99.89% - 99.70% 10% of monthly fee credited
Virtual Server Availability 99.69% - 99.50% 25% of monthly fee credited
Virtual Server Availability 99.50% - or below 50% of monthly fee credited
A maximum refund of 50% of the monthly fee will be credited for any given month.
25. Periodically Softsource will perform maintenance on Virtual Servers. Scheduled maintenance windows will not be included in Server Availability calculations. Services may be unavailable at times during the maintenance window while servers are restarted. A minimum of 48 hours notification of maintenance will be provided except where maintenance is considered to be critical.
26. Under no circumstances shall Softsource be liable for any consequential, indirect, special or incidental damages or loss of income or profits, even if Softsource has been advised by Customer of the possibility of such potential losses, due to disruption of Services or any other cause. The maximum liability of Softsource in relation to providing the Services to a Customer is limited to 1 month of Service fees for the Services provided to the Customer.
27. SOFTSOURCE SHALL NOT BE RESPONSIBLE FOR RETAINING ANY CUSTOMER DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED FROM THE SERVERS AFTER THE ACCOUNT IS TERMINATED AND FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. SOFTSOURCE SHALL NOT RESTORE, PROVIDE ON ANY STORAGE MEDIA OR SEND OUT ANY DATA PERTAINING TO EXISTING OR TERMINATED ACCOUNTS UNLESS AGREED TO BY SOFTSOURCE.
28. This Service Agreement will be construed in accordance with and governed by the laws of New Zealand. Each party agrees to submit to the jurisdiction of the New Zealand Courts.
29. Any violations of these terms and agreements should be reported to firstname.lastname@example.org