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Overview and Policies
Usage Policy
Acceptable Use policy for the storage and supply of email, website
and other documents, hosting and domain name management.
The Acceptable Use Policy described below defines the actions that
we consider to be abused and strictly prohibited. There are no
exclusions in this listing. Please be aware that the actions listed
below are also prohibited from other Internet Presence Providers (IPPs)
and their users on behalf of 10 Seconds Inc(in this case operating
as 10 Seconds) to advertise any service hosted by 10 Seconds or
connected via the 10 Seconds Network. Such services are not to be
advertised by way of deceptive marketing policies.
In this policy 'we' will refer to 10 Seconds, while 'the customer'
will refer to you either as an individual account holder or as a
company.
1.0 Policy Objective This policy has been formulated with the
following goals in mind:
1.1 To ensure security, reliability and privacy of our systems and
network, and the networks and systems of others.
1.2 To avoid situations that may cause us to incur civil liability.
1.3 To maintain the image and reputation that we hold as a
responsible organization.
1.4 To preserve the value of Internet resources as a conduit for
free expression.
1.5 To encourage the responsible use of net resources, discouraging
practices that
degrade the usability of network resources and thus the value of
Internet services. 1.6 To preserve the privacy and security of
individual users.
The examples named in this list are non-exclusive, and are provided
solely for guidance to our customers. If you are unsure whether any
contemplated use or action is permitted, please send an email to
and we will assist you within 24 hrs of
receiving the email. Please note that the actions listed below are
also not permitted from other Internet Service Providers on behalf
of, or to advertise, any service hosted by us, or connected via our
network. Furthermore, such services may not be advertised via
deceptive marketing policies.
2.0 Network Security
2.1 Customers may not use our network to attempt to circumvent user
authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the
Customer, logging into a server or account the Customer is not
expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of
any other organization's security policy.
2.2 Customers may not attempt to interfere or deny service to any
user, host, or network. This includes, but is not limited to:
flooding, mail-bombing, or other deliberate attempts to overload or
crash a host or network.
2.3 If your site is the initiator or target of a denial of service
attack that adversely affects our own or somebody else's network, we
will terminate your account without warning and you will be held
responsible for any charges that may result from this action.
2.4 We will co-operate fully with investigations of violations of
systems or network security at other sites, including co-operating
with law enforcement authorities in the investigation of suspected
criminal violations. Users who violate systems or network security
may incur criminal or civil liability.
2.5 We reserve the right to charge up to $1000 per complaint to
investigate.
3.0 Customer Spamming Policy
We have a zero tolerance for spam originating from our customers.
3.1 We have the right to charge $500 per complaint to investigate a
possible case of spamming from our servers.
3.2 We do not deal with your customers.
3.3 If we get a first complaint, we will forward it to you at the
most recent contact information we have supplied by you. If we don't
receive a response indicating the complete resolution of the
complaint within 24 hours, we may drop the section of IP space
involved in the spam complaint until we are convinced that the
problem is resolved. In particular, we are concerned with spam that
not only originates from your network, but also that advertises
sites hosted on your network. If we get repeat complaints and it is
clear that the problem has not been resolved, we may black hole the
section of IP space involved in the spam complaint until we are
convinced that the problem is resolved. If so, we will contact you
as soon as is feasible.
3.4 We reserve the right, to drop the section of IP space involved
in spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as
soon as is feasible.
4.0 Your obligation
4.1 You must provide us with current contact information for you,
and advise us of any changes.
4.2 You must pay all debt outstanding to us.
4.3 You must promptly investigate and deal with any spam or other
abuse complaints forwarded to you.
5.0 Bandwidth Charges
5.1 Higher levels of traffic will incur overcharges on a monthly
basis. These charges reflect expenses incurred in network
maintenance, upgrades, backbone port charges, leased line loops, and
equipment.
6.0 General Conduct
6.1 Customers are prohibited from transmitting on or through any of
our services, any material that is, in our sole discretion,
unlawful, obscene, threatening, abusive, libellous, or encourages
conduct that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any local, national or international
law.
6.2 Our services may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of New Zealand regulation or law, or by the common law, is
prohibited. This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute. We
reserve the right to remove such illegal material from its servers.
6.3 The customer is responsible for keeping billing data up-to-date
and accurate. Furnishing false data on any contract or application,
including fraudulent use of credit card numbers, is grounds for
immediate termination, and may subject the offender to civil or
criminal liability.
6.4 The resale of our products and services is not authorized,
unless specifically permitted and documented in a written agreement.
7.0 Payment
7.1 Customers agree to supply appropriate payment for the services
received from us, in advance of the time period during which such
services are provided.
7.2 Customers agree that all set-up fees are non-refundable once
set-up is completed.
7.3 Customer is aware that if you are paying by credit card,
pre-payments will be billed and charged automatically, and that we
may apply the amount due to the provided card at any time.
7.4 If payment is received by wire transfer, there is an
administrative fee of USD $40 per instance.
7.5 Customer understands and agrees that we shall not be responsible
for any charges or expenses that the customer may incur resulting
from overdrawing the customer's bank account or exceeding the
customer's credit card limit as a result of an automatic or manual
charge generated by 10 Seconds pursuant to this authority.
7.6 Returned checks will incur an administrative fee of $50.
7.7 Timely payment is crucial. All accounts that are past due by
more than 60 calendar days are subject to a 20% late fee and/or
interruption of service(s) without further notice. With all
disconnections, a $100 reinstatement fee will apply to reactivate
the service(s) again. If the customer's account is in default and
their account is sent to a collection agency, the customer will be
responsible for any collections fees that may apply.
8.0 Cancellation
8.1 We reserve the right to cancel our service(s) to the customer at
any time which will take effect 1 month from the day the customer is
informed via mail. All fees paid in advance of cancellation will be
pro-rated and refunded to customer if we initiate our right of
cancellation and the customer is NOT in violation of these Terms and
Conditions. If cancellation is caused by customers and/or a breach
of the Terms and Conditions, then the customer agrees that no refund
is due.
8.2 Due to protection concerns, all account cancellations must be
done in writing via mail or fax. Notifications of cancellation must
include the company letterhead, account name, principal contact name
with valid signature, and last four digits of your hosting account
number.
8.3 Third party cancellations are not accepted.
9.0 Disclaimer
9.1 We are not responsible for any damages your business may suffer.
9.2 We do not make implied or written warranties for any of our
services.
9.3 We also deny any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by us.
9.4 The Customer will not use our network or space provided to
violate any law. In the event that the Customer violates existing
law, we shall have the right to terminate all service set forth in
this Agreement. In the event that we are informed by government
authorities of inappropriate or illegal use of our facilities or
other networks accessed through us, we may terminate the Customer's
service.
9.5 We will co-operate fully with investigations of violation of
systems or network security at other sites.
9.6 We will co-operate with law enforcement authorities in the
investigation of possible criminal violations
9.7 Customers who violate systems and/or network security may incur
in criminal or civil liability.
9.8 We reserve the right to amend its policies at any time. Before
we make any alterations, we will notify you by e-mail of these and
the changes shall come into effect one month later. Revisions to
this agreement will also be posted on our website. You will be held
responsible for the actions of your clients in the matter described
on these Terms and Conditions.
Mambo is Free Software released under the GNU/GPL License.