TERMS OF SERVICE
ResTEL Pty Limited, [hereafter referred to as “ResTEL” or the “Company”] agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).
Use of ResTEL Services constitutes acceptance and agreement to The Company’s AUP (Acceptable Use Policy) as well as the ResTEL TOS (Terms of Service).
All provisions are subject to the TOS (Terms of Service) of ResTEL and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of Australia, New Zealand, the United Kingdom and the United States of America.
Tos-1. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ResTEL shall have the right to terminate all service set forth in this Agreement.
Tos-2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. If for any reason we are unable to provide the goods or service, we will contact you within 3 business days.
Tos-4. Payments and Fees
Accounts that reach 30 days overdue will be suspended until payment has been received and may be charged a 5% late fee. Accounts overdue by 60 days or more will be cancelled and all files removed from our servers. If you wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Tos-5. Refund and Disputes
All payments to ResTEL are non-refundable. This includes any one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge or payment that, in the company’s sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay ResTEL an “Administrative Fee” of not less than $25 and not more than $75.
Tos-6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of a Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Tos-7. Account Cancellation
Requests for cancelling accounts must be made through your ResTEL client centre or by email to email@example.com and request that your account be cancelled. All account information must be included in the cancellation request, Email requests for cancelling accounts must be with at least 14 days’ notice but not more than 30 days.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Tos-9. New Domain Accounts
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 12 hours. Due to unforeseen complications, however, this process may sometimes require up to 72 hours.
Tos-10. Support Boundaries
ResTEL provides 24 x 7 technical support to our subscribers (except for a few holidays when we close our offices). We limit our technical support to our area of expertise.
The following is our guidelines when providing support:
ResTEL provides support related to your web site’s physical functioning.
Unless otherwise agreed ResTEL does not offer tech support for application specific issues such as CGI programming, HTML or any other such 3rd party script issues.
If you can email, we encourage you to email firstname.lastname@example.org for assistance. If you are able to get online and have other questions, the answers may be on our support pages accessible via our home page – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources.
Tos-11. SPAM and Unsolicited Commercial Email (UCE)
ResTEL takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ResTEL may not use or permit others to use our network to transact in UCE. Resellers, webmasters and web site owners of ResTEL may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- a) Violation of the ResTEL SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ResTEL will initiate an immediate investigation (within 24 hours of notification). During the investigation, ResTEL may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, ResTEL reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ResTEL may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ResTEL will notify law enforcement officials if the violation is believed to be a criminal offence.
- b) First violations of this policy will result in an “Administrative Fee” of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $50 per hour that ResTEL personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- c) As our Resellers are ultimately responsible for the actions of their clients on ResTEL servers, it is advisable that Resellers develop a similar, or stricter, policy for their clients.
Anyone hosting web sites or services on their server that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases will have their web site immediately removed from our servers. Severe violations may result in immediate and permanent removal of all sites for that customer from our servers without notice to the customer. Any customer guilty of a second violation WILL be immediately and permanently removed from our servers without notice.
Tos-12. Resource Usage
User may not:
- a) Use 5% or more of system resources for longer than 90 seconds that are hosted on any “Shared or Reseller Hosting Packages”. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.;
- b) Use 10% or more of system resources for longer than 90 seconds that are hosted on any “Semi Dedicated Level 1 Hosting Packages”;
- c) Use 20% or more of system resources for longer than 90 seconds that are hosted on any “Semi Dedicated Level 2 Hosting Packages”;
- d) Use 30% or more of system resources for longer than 90 seconds that are hosted on any “Semi Dedicated Level 3 Hosting Packages”;
- e) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
- f) Run any software that interfaces with an IRC (Internet Relay Chat) network;
- g) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them;
- h) Participate in any file-sharing/peer-to-peer activities;
- i) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.;
- j) Run cron entries with intervals of less than 15 minutes; and
- k) Account storage is to be used for web hosting purposes only and not personal storage.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“include.php”).
The use of more than 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. An INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
- a) Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). ResTEL will monitor Customer’s bandwidth and disk usage. ResTEL shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in the Company’s sole and absolute discretion. If ResTEL takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ResTEL may, at its sole discretion, request a deposit, in an amount determined by ResTEL.
- b) System and Network Security:
Users are prohibited from violating or attempting to violate the security of ResTEL and its services. Violations of system or network security may result in civil or criminal liability. ResTEL will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- i) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access;
- ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- iii) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
- iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and
- v) Taking any action in order to obtain services to which such User is not entitled.
Tos-15. Notification of Violation
- a) ResTEL is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities;
- b) First violation: Any User, which ResTEL determines to have violated any element of this Terms of Service Agreement, shall receive an email, warning them of the violation. The service may be subject at The Company’s discretion to a temporary suspension pending a User’s agreement to refrain from any further violations;
- c) Second Violation: Users that ResTEL determines to have committed a second violation of any element of this Terms of Service Agreement shall be subject to immediate suspension or termination of service without further notice; and
- d) ResTEL reserves the right, to drop the web sites or accounts 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 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.
Tos-16. Suspension of Service or Cancellation
ResTEL reserves the right to suspend network access to any customer if in the judgment of the ResTEL network administrators the customer’s web site is the source or target of the violation of any of the other terms of the AUP or for any other reason which ResTEL chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s services were suspended.
Tos-17. Backups & Restores
- a) ResTEL provides the tools and resources needed to create offline / local backups of your site and its data, It is the responsibility of the customer to keep up-to-date backups of their site and its data;
- b) ResTEL does not currently utilize any off server / remote backup services and is not responsible for any loss of data or profit;
- c) We perform routine daily, weekly and monthly backups of all users’ data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups; and
- d) ResTEL is not responsible for any users data and all users are encouraged to perform their own daily backups, if a user experiences data loss due to their own doing, ResTEL may charge a one-time $5 restoration fee per incident that requires a backup to be restored to a user’s account, in most cases ResTEL prefers not to impose any extra charges on the customers for this service.
Customer agrees that it shall defend, indemnify, save and hold ResTEL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer’s fees asserted against ResTEL, 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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless ResTEL against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with ResTEL;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement; and
(4) any defective products sold to customers from ResTEL\’s server.
Tos-19. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
- a) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof;
- b) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customer’s rights under this contract at any time without further obligation; and
- c) ResTEL takes no responsibility for any material input by others and not posted to the ResTEL servers by ResTEL. ResTEL is not responsible for the content of any other web sites linked to the ResTEL servers and web sites; links are provided as Internet navigation tools only. ResTEL disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy;
- d) ResTEL is not responsible for any damages your business may suffer. ResTEL does not make implied or written warranties for any of our services. ResTEL denies 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 ResTEL; and
- e) Whereas Adult material is permitted, it is absolutely forbidden to host any pornographic material that is considered to be unlawful, obscene, harassing, threatening, abusive, libellous or hateful. This will be determined at our sole discretion and accounts found hosting this material will be subject to immediate cancellation without refund. If you are unsure as to whether your content is permitted then please email email@example.com
Tos-20. Responsibility for Content
You, as the ResTEL customer, are solely responsible for the content stored on and served by your ResTEL web site.
Tos-21. Software End User License Agreement
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
ResTEL Pty Limited’s End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ResTEL Pty Limited; for the ResTEL Pty Limited software product(s) involved which may include associated software components, media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT or SCRIPT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and ResTEL Pty Limited, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT or SCRIPT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
- GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
ResTEL Pty Limited grants you the right to install and use copies of the SOFTWARE PRODUCT or SCRIPT on your computer or your website.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT or SCRIPT.
You may not distribute registered copies, or part thereof, of the SOFTWARE PRODUCT or SCRIPT to third parties. Evaluation versions available for download from ResTEL Pty Limited websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT or SCRIPT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT or SCRIPT.
(e) Support Services.
ResTEL Pty Limited may provide you with support services related to the SOFTWARE PRODUCT or SCRIPT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE or SCRIPT PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, ResTEL Pty Limited may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT or SCRIPT and any copies thereof are owned by ResTEL Pty Limited or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT or SCRIPT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ResTEL Pty Limited.
- NO WARRANTIES
ResTEL Pty Limited expressly disclaims any warranty for the SOFTWARE PRODUCT or SCRIPT. The SOFTWARE PRODUCT or SCRIPT is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. ResTEL Pty Limited does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT or SCRIPT. ResTEL Pty Limited makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. ResTEL Pty Limited further expressly disclaims any warranty or representation to Authorized Users or to any third party.
- LIMITATION OF LIABILITY
In no event shall ResTEL Pty Limited be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use the SOFTWARE PRODUCT or SCRIPT, even if ResTEL Pty Limited has been advised of the possibility of such damages.
In no event will ResTEL Pty Limited be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ResTEL Pty Limited shall have no liability with respect to the content of the SOFTWARE PRODUCT/SCRIPT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Tos-22. Changes to the TOS