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Overview and Policies
Service Level Agreement
1. Our Services to You
Thank you for becoming a registered subscriber to 10 Seconds. Some
of the services are subject to separate terms and conditions. We can
refuse to give you a subscription to any service without giving a
reason for such refusal.
2. Business and Domestic Use
These terms and conditions apply to both business and private use of
our services. If you are not acquiring our services for the purposes
of a business (as defined in the Consumer Guarantees Act 1993) then
the Act applies and nothing in these terms and conditions limits
your rights under it.
3. What we Provide to You
We agree to provide web hosting services to you through our host
computers but only on the following basis:
We will provide you with an IP address, username, and password to
enable access to our service.
We will provide you with bandwidth. Bandwidth is measured by the
data transferred to and from your account. Bandwidth usage can be
measured accurately for web site (http) data transfer. It is not
technically possible to measure ftp and email traffic. In our
experience, ftp and email usage is approximately double http usage.
Bandwidth is therefore measured by doubling http usage. 10 Seconds
may make adjustments to this calculation on a case by case basis.
We will provide you with disk space. Disk space is the amount of
space measured in bytes used on the server's). Disk space usage
includes both web hosting account files and email.
We will make genuine and commercially reasonable efforts to make the
services you have subscribed for operating fault free 24 hours a day
and, if the system malfunctions, to restore those services as soon
as reasonably possible.
But if in spite of those efforts, we cannot provide or restore the
service (even if the failure is our fault) we are not liable to you.
We explain what this means in the section entitled "Limits on our
Liability".
The reasons for these limits on our service levels are because: We
do not own or control all the facilities and communication lines
necessary for access, and therefore, we cannot guarantee that the
service will be uninterrupted or error free.
Our services may be used by you for purposes we do not know about
and have no control over.
We may at any time cancel, reject, or refuse to continue hosting any
web sites without providing any reason for such rejection or refusal
at any time prior to, or after, hosting any web site. This right
will not be unreasonably exercised.
4. Your Obligation to Pay Us
In return for access to our service, you agree to pay the specified
subscription and other charges (as notified on the 10 Seconds web
pages).
In particular, you agree as follows: You will be billed in the first
seven days of each month, payment due on the 20th day of the month
of invoice. If the account is not paid by the due date you are
liable for a fee equivalent to 10% of the overdue portion of your
account, with a minimum fee of $10.00.
Should data usage in access of the monthly amount occur, the amount
to be billed will be calculated in 1MB units.
Should disk space usage in access of the agreed quantity occur, the
amount to be billed will be calculated in 5MB units.
If your account is overdue for a period of 60 days, your account
will be closed and your details referred to our debt collection
agency or credit reference agency without notice to you.
You also agree to pay our reasonable costs incurred in recovering
outstanding amounts from you including debt collection and legal
fees.
Where total debt collection agency costs, legal and other costs
arising from collection of any amount owing by you exceed the debt
collection fee charged, you agree that our debt collection agent is
also entitled to recover those additional costs from you.
You agree to give us no less than 30 days written notice that your
account is no longer required. Until we receive this notice you are
responsible for anything done with the services to which you have
subscribed. Any charges incurred through the use of those services
are payable by you whether you authorized them or not.
5. Email
Our service is important to you and our other subscribers.
As a condition of your use of our service you agree as follows: You
agree to remove your email from our mail server promptly and to keep
the space used by your files on the system below 10 megabytes. We
have the right to remove email data in excess of 10 megabytes left
by you on our mail server. If you have not made a special
arrangement with us, we will not be liable for any loss of data
because of your failure to housekeep your email.
You agree not to send multiple, unsolicited email (SPAM or UCE), to
single or multiple users whether or not this is for business
purposes.
Generally, you agree to obey the developing rules of Netiquette.
These are the general rules of good and considerate behavior on the
Internet as a world wide and open community. Any failure to obey
these rules will result in a warning. If we consider the breach
sufficiently serious (at our discretion) you agree that we may
terminate your service without liability to you.
Email enables a rapid, immediate and wide-spread response. You must
not use the email service for communication that is defamatory or
contrary to generally accepted community standards of behavior or
good taste. While we do not intend to be a censor, we have the
right, at our discretion, to decide what those standards are and to
review your use of our services at any time and to terminate you if
we consider that you have breached these standards. If you defame
anyone through your use of the email service and we are sued, you
agree that we have the right to recover all costs and losses
incurred by us as a result of your action from you directly upon
demand.
We will make genuine efforts to provide you with a help desk service
to assist you with web hosting issues.
6. Confidentiality
We each agree that the Internet is a medium which lacks consistent
security and confidentiality and we have the right to check your use
of the system.
We will take reasonable commercial efforts to protect your
confidentiality. However, you should assume that your use of our
services is not confidential. If we consider in our discretion that
your use of our services is defamatory, contrary to accepted
community standards or illegal you acknowledge that we have the
right to disclose those activities to any person including the news
media and the police.
We can check your use of the system for the purposes of ensuring
that your use is not breaching these terms and conditions or for
assessing any charges which may be payable by you.
7. Use of Personal Information
If you are an individual, when you complete your application for our
services you authorize us and our agents to collect information
about you and hold it at our head office. We will use this
information for statistical analysis and to provide services to you
and for marketing, private development and research purposes.
You authorize us and our agents to supply and disclose personal
information as to your credit-worthiness. Personal information about
you may be used to enable us, our agents and third parties selected
by us to access, maintain, investigate or market products or
services.
Under the provisions of the Privacy Act 1993 you may request access
to and correction of your personal information. Requests must be in
writing which includes email. We may charge a fee for the reasonable
costs incurred in responding to these requests but we will disclose
the costs to you before those costs are incurred.
8. Additional Rights of 10 Seconds as the Service Provider
We can terminate any of the services that you have subscribed for
without notice or liability to you if you breach these terms and
conditions.
Subscriber use of our services may sometimes result in overload. We
have the right to terminate any process that appears to be causing
an overload on a server.
9. Reseller responsibilities
A reseller is financially responsible for the fees related to his
resold virtual hosting accounts, and understands that he is free to
charge his customers whatever he choose. A reseller will handle all
support and billing duties related to his accounts, and in no event
will his customers be given direct access to 10 Seconds email
addresses. (Nor under any circumstances will 10 Seconds contact
the resellers customers.)
Reseller support inquiries only are to be initiated via email to
10 Seconds will make a diligent effort to
resolve any problem related to hardware or supporting software.
The reseller agrees to take full responsibility for all taxes and
fees of any nature associated with products and services sold from
his accounts. 10 Seconds shall not be liable for any taxes or
other fees to be paid in accordance with or related to purchases
made from the resellers or his customer's use of server.
The reseller agrees that this service may be utilized only for
lawful purposes, and has read and agreed to the "Terms of Service"
and the "Reseller Terms of Service". The reseller agrees to
indemnify and hold harmless Web Hosting Today from and against any
and all claims, actions, causes of actions, losses or damages
(including legal fees) arising from his or his customer's usage of
the service in violation of the "Terms of Service" and/or the
"Reseller Terms of Service".
The reseller agrees that in the event that 10 Seconds may at any
time believe that the service is being utilized by his or his
customers in violation with the "Terms of Service" and/or the
"Reseller Terms of Service", Web Hosting Today may immediately
discontinue such service without liability or refund of unearned
prepaid service fees.
The reseller acknowledges that 10 Seconds makes absolutely no
warranties whatsoever, express or implied with respect to the
service to be provided. As a result, the reseller agrees that 10
Seconds shall not be liable for any claims or damages which may be
suffered his or his customers, including, but not limited to, losses
or damages resulting from the loss of data as the result of delays,
no deliveries, or service interruptions caused by the fault or
negligence of 10 Seconds.
10. Chat Server
We do not allow IRC or IRC bots to be operated on our servers.
11. Email Server
We do not allow resellers to operate free email services on our
servers.
12. Communications and Notices
All changes and additions need to be sent to 10 Seconds via Email.
We can change or remove any of these terms and conditions at any
time. These changes include alterations to our pricing structure.
We will inform you by email or posting a message in the appropriate
location on the system which includes (but is not limited to) on the
World Wide Web on our home page or any other appropriate means...
Once we have posted the email or other message you are deemed to
have received it, and if you have not terminated your subscription
within 30 days or if you continue to use the services afterwards you
are deemed to have accepted the change.
13. Internet Surprises
Internet services allow access to material which may be the subject
to copyright, third party ownership or unreliable or offensive
material. You access such material at your own risk and we are not
responsible in any way for your accidental or deliberate accessing
of that material.
14. Limits on our Liability
By using our services you do so at your sole risk. We do not warrant
that our service will be uninterrupted or error-free. We do not make
any warranties to the results to be obtained from the service or
information or the experiences had with the Internet which is a
matter of your own assessment given its unique nature. We distribute
our service on an "as is" basis without warranties of any kind,
either express or implied.
In particular, we are not liable to you - whether in contract or
tort or under any other legal principle - for any direct or indirect
losses or damages of any kind. These damages include but are not
limited to loss of business, profits, work stoppage, computer or
software failure or malfunction or any other damage or loss. Your
exclusive remedy against us is to cancel your subscription.
If you are using our services for personal, household or domestic
use, this limitation may not apply to you and you have the rights
and remedies available under the Consumer Guarantees Act 1993
15. Indemnity
You must indemnify us against any claims or legal proceedings
arising from your use of the service under this Agreement (including
but not limited to claims in respect of defamation, breach of
copyright or other intellectual property right infringement), which
are brought or threatened against us by any other person.
16. Force Majuro
If we cannot perform our obligations under this Agreement by reason
of act of God, inclement weather, act of State, riot, strike,
boycott, embargo or any other circumstances beyond our reasonable
control, we will endeavor to advise you of the existence of the
circumstances and their expected duration. The performance of this
Agreement will, to the extent that it is made impossible by such
circumstances, be suspended until such circumstances cease to
prevail.
Email:
Mambo is Free Software released under the GNU/GPL License.
Service Agreement 
