Terms and Conditions
OCEANIC INTERNET SOLUTIONS SERVICES AGREEMENT TERMS AND CONDITIONS
Part I: Terms Applicable to all Oceanic Internet Solutions Services
GENERAL AGREEMENT
By checking the "I agree to the Terms and Conditions" box in the sign up/activation page and / or by using the Oceanic Internet Solutions.co.za Web Site (the "Site" “Oceanic Internet Solutions”) and or services provided by Oceanic Internet Solutions (the "Service" or "Services"), you agree to be bound by the Oceanic Internet Solutions Services Agreement Terms and Conditions (the "Agreement" or "Terms and Conditions") and the Oceanic Internet Solutions Privacy Policy, referred to collectively as the "Rules". Please read the Rules before activating an account with Oceanic Internet Solutions or using the Oceanic Internet Solutions Web site. If you do not agree to the Terms and Conditions and to be bound by the Rules you should discontinue your use of the Oceanic Internet Solutions Services. Your Oceanic Internet Solutions account will not be activated or your Service will be terminated, as applicable. If at any time you do not agree to be bound by these Rules and the scope of the Oceanic Internet Solutions Services you should immediately end your use of Oceanic Internet Solutions Services. Oceanic Internet Solutions may change the Rules and the scope of the Oceanic Internet Solutions Services in whole or in part, at any time without notice. Such changes will be posted on the Oceanic Internet Solutions site and such posting will constitute notice to you. Links to the Rules can be found on the Oceanic Internet Solutions home page, located at http://www.oceaniciInternetsolutions.co.za. Each time before using the Oceanic Internet Solutions Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Oceanic Internet Solutions Services. Your continued use of Oceanic Internet Solutions Services after the posting of any such change constitutes your acceptance of all the changes.
Whereas Oceanic Internet Solutions provides Services and the customer wishes to use Oceanic Internet Solutions Services, the parties agree as follows:
1. GENERAL INDEMNIFICATION AND LIMITATION OF LIABILITY
All Customers are required to abide by the Rules. By activating an account and using the Services you become a Customer. Customers then agree to indemnify and hold harmless Oceanic Internet Solutions for any loss, liability, and damage arising from or in connection with the contents or Service of any Oceanic Internet Solutions Services, as further outlined below. Oceanic Internet Solutions is not responsible, directly, indirectly or consequentially, for the content or the suitability of the Services or information contained in reports generated by Oceanic Internet Solutions or in the information included on the Oceanic Internet Solutions Web site. Oceanic Internet Solutions has exercised reasonable care to ensure that the Services and related information is correct and accurate based on the input collected. Oceanic Internet Solutions does not accept liability for any damage direct, indirect or consequential for the use of the Services or information associated with the systems serviced by Oceanic Internet Solutions nor does Oceanic Internet Solutions accept any responsibility and / or liability, directly, indirectly, or consequentially, for failures or omissions with regard to the reports. In no event shall Oceanic Internet Solutions be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost savings or profit, lost data or business interruption even if Oceanic Internet Solutions is notified in advance of such possibility). This includes damages incurred by the Customer, the Customer's own customers or any third party.
Oceanic Internet Solutions disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose. Oceanic Internet Solutions currently offers fee-based Services. Although Oceanic Internet Solutions presently has no plans to discontinue the Services or to change the price of the Services, Oceanic Internet Solutions does not guarantee that it will continue to offer the Service at the current price to Customers in the future. Oceanic Internet Solutions reserves the right to discontinue or modify the Service and to change the price of the Services without notice to the Customer other than by disclosure on the Oceanic Internet Solutions Web site.
2. REFUNDS, CREDITS AND CANCELLATIONS
The Services are based on a fee paid via the Customer's credit card / EFT or Edeposit. Oceanic Internet Solutions generally does not issue credits or refunds in the event of a change in Services requested or cancellations. However, in certain situations Oceanic Internet Solutions customer support will review requests for refunds and credits. The decision to process and honor a customers refund or credit request will be at the sole discretion of Oceanic Internet Solutions customer support and will be based on the facts and circumstances on a case-by-case basis.
3. FORCE MAJEURE
Except for Customer's payment obligations, neither party will be liable for any failure or delay in performing any obligation under this agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.
4. ENTIRE AGREEMENT AND MODIFICATIONS<
The terms of this Agreement constitute the entire agreement between Oceanic Internet Solutions and the Customer regarding its subject matter and its terms supercede any prior or simultaneous agreement or terms, whether oral or written. Except as provided herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein.
If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. Any failure of Oceanic Internet Solutions to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
5. NO ASSIGNMENT
Customer may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of Oceanic Internet Solutions.
6. VIOLATION OF RULES AND JURISDICTION
Oceanic Internet Solutions ("Oceanic Internet Solutions") reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which Oceanic Internet Solutions believes in its sole discretion to be illegal or potentially harmful to others or may expose Oceanic Internet Solutions to harm or liability. Oceanic Internet Solutions may suspend or terminate your use of Oceanic Internet Solutions Services if it determines that you have failed to comply with any of the Rules. Oceanic Internet Solutions reserves the right to terminate the use of any user name or email address at any time. Oceanic Internet Solutions Services may only be used for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Oceanic Internet Solutions maintains the right to refuse to provide Services that includes adult content and/or is considered to be detrimental to the business of Oceanic Internet Solutions. Further, Customers are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline Service and to cancel any account at our discretion.
At Oceanic Internet Solutions and its officer's discretion, access to Oceanic Internet Solutions Services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending Spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. Oceanic Internet Solutions and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended.
This agreement will be governed by and construed in accordance with the laws of South Africa. Each party consents to the exclusive venue and jurisdiction of the appropriate courts in Delaware for any disputes under this agreement.
7. OCEANIC INTERNET SOLUTIONS OBLIGATIONS
Subject to the Rules, and such other regulations that Oceanic Internet Solutions may adopt from time to time, Oceanic Internet Solutions will provide Customer with Services. Oceanic Internet Solutions retains the right to change, suspend or terminate use of the Oceanic Internet Solutions Services at any time for any reason, without notice, and nothing herein shall be construed to limit that right.
Oceanic Internet Solutions will collect, store, compile and utilize information about you, your computer and your use of the Oceanic Internet Solutions Services in accordance with the terms of the Privacy Policy.
8. YOUR OBLIGATIONS
In exchange for Oceanic Internet Solutions providing the Services you agree to provide Oceanic Internet Solutions with accurate and complete information it may request through sign up / activation forms. You must register for Oceanic Internet Solutions Services using your own name. During activation, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. You represent and warrant that you have full right, power, and authority to consent to purchase the Services and enter into this Agreement. You further represent and warrant that you have full right, power, and authority over the IP addresses, if any, provided to Oceanic Internet Solutions. You agree to indemnify and hold Oceanic Internet Solutions and its Service partners harmless from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) incurred by Oceanic Internet Solutions and its Service partners resulting from breach of this paragraph. Oceanic Internet Solutions reserves the right to verify the accuracy of the information you submit in connection with your activation for Oceanic Internet Solutions Services and you hereby consent to Oceanic Internet Solutions verification of such information. You are responsible for any and all charges related to your use of Oceanic Internet Solutions Services.
You are responsible for all use of your Oceanic Internet Solutions Services and for the security of your login identification, your password and any security code that you use to protect access to your data, Oceanic Internet Solutions personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of Oceanic Internet Solutions Services. You also acknowledge and agree that the Services may in some circumstances result in the disruption of Services at such site(s). Consequently, you agree that it is your responsibility to perform backups of data on all devices connected to your IP addresses prior to invoking the use of the Service. You further assume the risk for all damages, losses, and expenses resulting from use of the Service. The Services are for use of registered Customers only and may not be copied, resold, leased, transferred, exchanged or bartered. You must not use this Service in any way that causes an unreasonable load on the system or deviates from its intended use. You must not set up any automated programs to interact or act upon our systems without prior written consent from Oceanic Internet Solutions. You must not cause an unreasonable or unwanted load on any third party systems. Upon acceptance of these terms, you have a nonexclusive license to use the Service. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or Service provided by Oceanic Internet Solutions. You must not cause or allow robots or other automated processes to act upon or interact with Oceanic Internet Solutions Web site or systems or user interfaces without prior written consent from Oceanic Internet Solutions.
Customers and all visitors agree that all data generated by the Services are for Customer's internal use and reference only. Customer agrees not to publish or otherwise disclose data acquired from the Services without the written consent of Oceanic Internet Solutions. Customers may not create or activate duplicate accounts without prior written consent.
The Oceanic Internet Solutions Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use Oceanic Internet Solutions name and logo on these sites. Oceanic Internet Solutions does not always control the information, products, or Services on these third party sites. The inclusion of any link does not imply endorsement by Oceanic Internet Solutions of the site or any association with their operators. Because Oceanic Internet Solutions has no control over such sites and resources, you agree that Oceanic Internet Solutions is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our Service, including the payment and delivery of related Services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Oceanic Internet Solutions shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Minors. If you are less than 18 years old but older than 13 years old, you should obtain your parent's permission to use the Oceanic Internet Solutions Services. If you are less than 13 years old, you are not allowed to use the Oceanic Internet Solutions Service without providing Oceanic Internet Solutions with your parent's consent in the form required by Oceanic Internet Solutions. Parents may read further information by going to our Privacy Statement. Parents may obtain the Parental Consent Form by contacting customer support. If you are a parent permitting a minor to use Oceanic Internet Solutions Services, you agree to: Exercise supervision over the minor's use of Oceanic Internet Solutions Services and access to the Internet. Assume all risks associated with the minor's viewing of content received through use of Oceanic Internet Solutions Services and the minor's transmission of materials, content, or information to another person via the Internet. Assume any and all liabilities resulting from the minor's use of Oceanic Internet Solutions Services. Ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to Oceanic Internet Solutions activation forms.
9. YOUR PAYMENT OBLIGATIONS
You understand and agree that fees for Services will be billed to the credit card you provide. If your credit card is not valid or if payment is not made for any reason the Customer will be considered in default under the Agreement. If any payment due to the Company under this Agreement is not paid when due, Customer agrees to pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 7% per month or the maximum rate allowed by law. Service fees are paid via the Customer's credit card / eft or edeposit.
Customer will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. You will pay all sales or use taxes. Customer will also pay all other local, state or federal taxes arising out of his use of Services (excluding any income taxes), and you will provide Seller with written proof of payment upon request. If you fail to pay any taxes, charges or fees, the Company may at its option, pay the applicable taxes, charges and fees, and Customer will reimburse the Company for those payments.
10. INDEMNIFICATION OF OCEANIC INTERNET SOLUTIONS
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD OCEANIC INTERNET SOLUTIONS AND ITS SERVICE PARTNERS, ADVERTISERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF OCEANIC INTERNET SOLUTIONS SERVICES THROUGH THE OCEANIC INTERNET SOLUTIONS ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OCEANIC INTERNET SOLUTIONS OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF OCEANIC INTERNET SOLUTIONS SERVICES PROVIDED TO YOU.
11. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT OCEANIC INTERNET SOLUTIONS SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE OCEANIC INTERNET SOLUTIONS SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF OCEANIC INTERNET SOLUTIONS SERVICES OR THAT OCEANIC INTERNET SOLUTIONS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OCEANIC INTERNET SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE. OCEANIC INTERNET SOLUTIONS IS PROVIDING A SERVICE REMOTELY VIA THE INTERNET AND MULTIPLE PUBLIC AND PRIVATE FACILITIES, SOME OF WHICH ARE NOT WITHIN OUR CONTROL. THE COMPANY DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE SERVICE. OCEANIC INTERNET SOLUTIONS DOES NOT GUARANTEE YOUR SERVICES WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME AND WILL NOT BE HELD LIABLE FOR ANY LOSSES IN THE EVENT THAT THERE IS A SERVICE FAILURE. CUSTOMER MUST REPRESENT OR WARRANT THAT THEY HAVE THE RIGHT OR POWER TO CONSENT TO THE SERVICE AGAINST THE IP ADDRESSES PROVIDED. ADDITIONALLY, END USERS NEED TO INDEMNIFY AND HOLD HARMLESS OCEANIC INTERNET SOLUTIONS FROM ANY DAMAGES RESULTING FROM BREACH OF THAT WARRANTY. CUSTOMER SHOULD AGREE TO PERFORM ANY BACK-UPS NECESSARY TO PREVENT LOSS OF CRITICAL DATA AND ALSO HOLD OCEANIC INTERNET SOLUTIONS HARMLESS FROM ANY DAMAGES RESULTING FROM SERVICE DISRUPTIONS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL OCEANIC INTERNET SOLUTIONS AND ITS SERVICE PARTNERS BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT OCEANIC INTERNET SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. OCEANIC INTERNET SOLUTIONS AND ITS SERVICE PARTNERS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL OCEANIC INTERNET SOLUTIONS LIABILITY TO YOU EXCEED ONE DOLLAR (R7.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO OCEANIC INTERNET SOLUTIONS, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE OCEANIC INTERNET SOLUTIONS SERVICES MAY BE BROUGHT BY YOU OR OCEANIC INTERNET SOLUTIONS MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, OCEANIC INTERNET SOLUTIONS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. DEFAULT AND REMEDIES
The Customer will be in default under this Agreement if there is any one or more of the following actions: Failure to pay any amount when due (subject to a 7-day grace period for Customers outside of South Africa). Customer fails to comply with any provision of this Agreement. Any representation made by Customer in this Agreement is or becomes untrue. If Customer is in default in any way, the Company may immediately take any one or more of the following actions declare all unpaid amounts due and payable; terminate this Agreement with respect to all or any part of the Services; and/or take any other lawful action the Company may deem appropriate to obtain damages for Customer's breach.
14. COPYRIGHT NOTICE
Except where otherwise noted, all site content is copyright (c) 2000-2060 Oceanic Internet Solutions, ALL RIGHTS RESERVED. For a request to reuse any content, please contact Oceanic Internet Solutions at privacy@oceanicinternetsolutions.co.za. This site contains links to information maintained by other entities, including our partners, advertisers and other third parties. Oceanic Internet Solutions does not provide any warranty about the accuracy or source of such information. All trademarks used or referred to on this site are the property of their respective owners.
Part II: TERMS APPLICABLE TO SPECIFIC OCEANIC INTERNET SOLUTIONS SERVICES
HOSTING
1. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you'd like added to the available system binaries or scripts please check with your sales representative to arrange approval.
2. Telnet and Shell Access is strictly prohibited.
3. You may use FTP to access your home directory for the purpose of installing and editing your web pages as often as necessary.
4. If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user's account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package’s respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
In the case of consistent heavy users, Oceanic Internet Solutions will automatically charge them for any excess bandwidth and/or disk space according to our present pricing policy.
A consistent heavy user is a person or business repeatedly exceeding the disk space (300 MB) and transfer limit (7500 MB) included in the Platinum Package.
5. Without prior notification, Oceanic Internet Solutions reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of the Oceanic Internet Solutions Web Hosting System.
6. Oceanic Internet Solutions will provide a 30-day money back guarantee. The 30 days start from the earliest of - the day we receive the electronic order form, the day customer signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable.
7. Miva Merchant license keys are nonrefundable.
8. If any Oceanic Internet Solutions account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our discretion.
9. COLDFUSION - MIVA - ASP Please note Coldfusion (.cfm), Miva and ASP (.asp) services are hosted on a closed source platform.
The 99.9% guarantee does not apply for these services.
10. ACCESS DATABASES- Access is not designed for, nor recommended for use on busy websites. Due to this, we cannot guarantee performance for websites which make use of Access databases. We recommend using MySQL or MS-SQL for increased performance and reliability.
11. EASYMAIL/MAILING LISTS - EasyMail E-Mail Accounts are restricted to a maximum size of 10MBytes of space on the EasyMail e-mail server. If this space is exceeded, this may result in e-mail being lost or your account being suspended or terminated.
a) EasyMail E-Mail Accounts are restricted to a maximum e-mail transfer of 7MB per Mail Server request. This is restricted by the Mail Server.
b) Deletions of EasyMail Accounts are queued for execution once a day (overnight).
12. HEAVY USER SERVER- This server is available by approval by a Senior Oceanic Internet Solutions officer only.
