Terms of Service
Terms of Service – Coastal IT Solutions trading as Hosting Simple.
For All Clients
Coastal IT Solutions agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Coastal IT Solutions Service constitutes acceptance and agreement to Coastal IT Solutions AUP as well as Coastal IT Solutions TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Coastal IT Solutions and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Coastal IT Solutions. Subscriber understands that change to the AUP by Coastal IT Solutions 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 the state of New South Wales, New Jersey, county of Morris, and the country of Australia, applicable to contracts enforceable in that state. Venue will be Morris County, NJ, or New South Wales, Australia.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Coastal IT Solutions 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 Coastal IT Solutions shall have the right to terminate all service set forth in this Agreement.
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 Coastal IT Solutions 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 company by its suppliers.
3. Payments and Fees: Establishment of this service is dependent upon receipt by Coastal IT Solutions of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by Coastal IT Solutions are subject to the current tax rate as imposed by the State of New South Wales. The above applies to all accounts and services provided by Coastal IT Solutions.
Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $5 late fee. Accounts that are not collectable by Coastal IT Solutions may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Coastal IT Solutions a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined under item 7.
4. Duration of Service: All contracts are for a one month term unless otherwise specified.
5. Refund and Disputes: All payments to Coastal IT Solutions are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Coastal IT Solutions sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Coastal IT Solutions an “Administrative Fee” of not less than $50 and not more than $150.
6. Failure to Pay: Coastal IT Solutions may temporarily deny service or terminate this Agreement upon the failure of 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.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Coastal IT Solutions
Attn: Cancellations
Po Box 4442Lake Haven
NSW 2263, Australia
Or you may email accounts@coastalitsolutions.com.au
You must have all account information to cancel. If you have not met the minimum term requirement as set forth in the order you submit, you will be billed for the entire unused portion of the term.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Coastal IT Solutions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Coastal IT Solutions shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Coastal IT Solutions. Subscriber further acknowledges that Coastal IT Solutions 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 Coastal IT Solutions be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Coastal IT Solutions on behalf of the account holder, a handling fee will be incurred.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to NAC will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Coastal IT Solutions on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Coastal IT Solutions provides 24 x 7 technical support to our subscribers (except for a few holidays.) You can email support@coastalitsolutions.com.au for assistance, or check our home page.
In matters including but not limited to use of your hosting account.
We limit our technical support to our area of expertise. Coastal IT Solutions does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. Coastal IT Solutions does not provide technical support for YOUR customers.
12. SPAM and Unsolicited Commercial Email (UCE): Coastal IT Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Coastal IT Solutions may not use or permit others to use our network to transact in UCE. Customers of Coastal IT Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally monitor email being sent from servers.
a. Violation of Coastal IT Solutions SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Coastal IT Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Coastal IT Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Coastal IT Solutions may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Coastal IT Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Coastal IT Solutions will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 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 $175 per hour that Coastal IT Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over Coastal IT Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their Account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
13. Network
a. IP Address Ownership: If Coastal IT Solutions assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to the network provider of Coastal IT Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by Coastal IT Solutions in its sole discretion in connection with the Services, during the term of this Agreement. Coastal IT Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Coastal IT Solutions, and Coastal IT Solutions reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. 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”). Coastal IT Solutions will monitor Customer’s bandwidth and disk usage. Coastal IT Solutions 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 Coastal IT Solutions sole and absolute discretion. If Coastal IT Solutions 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, NAC may, at its sole discretion, collect a deposit, in an amount determined by Coastal IT Solutions, against customer’s credit card on file with Coastal IT Solutions.
c. System and Network Security: Coastal IT Solutions is not responsible for the network security of your account or sites. You are responsible for maintaining a secure account. Users are prohibited from violating or attempting to violate the security of Coastal IT Solutions Network. Violations of system or network security may result in civil or criminal liability. Coastal IT Solutions 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.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. Coastal IT Solutions 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 Coastal IT Solutions determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Coastal IT Solutions discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Coastal IT Solutions determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. 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.
15. Suspension of Service or Cancellation: Coastal IT Solutions reserves the right to suspend network access to any customer if in the judgment of Coastal IT Solutions network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Coastal IT Solutions 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 machines were suspended.
16. Coastal IT Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Coastal IT Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification: Coastal IT Solutions wishes to emphasize that in agreeing to Coastal IT Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Coastal IT Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Coastal IT Solutions or the bringing of any claim against Coastal IT Solutions by any third-party. This means that if Coastal IT Solutions is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Coastal IT Solutions, plus all costs and attorney’s fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by Coastal IT Solutions 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 Coastal IT Solutions. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Coastal IT Solutions takes no responsibility for any material input by others and not posted to Coastal IT Solutions Network by Coastal IT Solutions. Coastal IT Solutions is not responsible for the content of any other websites linked to Coastal IT Solutions Network; links are provided as Internet navigation tools only. Coastal IT Solutions 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. Coastal IT Solutions is not responsible for any damages your business may suffer. Coastal IT Solutions does not make implied or written warranties for any of our services. Coastal IT Solutions 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 Coastal IT Solutions.
e. You may not host IRC servers or shell accounts. Accounts found hosting such services or material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as Coastal IT Solutions customer, are solely responsible for the content stored on and served by your Coastal IT Solutions account.
20. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated. Due to licensing restrictions, customer provided Windows licenses are not allowed; you must use a Windows server licence provided by NAC for your Windows server.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
NAC may provide you access to other third party software and/or services (“Third Party Products”) through reseller relationships NAC has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by NAC and not by the Third Party Vendor. Neither NAC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from NAC or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither NAC nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and NAC with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
Acceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is a part of your Hosting Agreement with Coastal IT Solution. If you engage in any of the activities prohibited by this AUP document Coastal IT Solution may suspend or terminate your account without notice. If your account is terminated due to violations of this AUP your money will NOT be refunded.
Coastal IT Solution Acceptable Use Policy (the “Policy”) for Coastal IT Solution Services is designed to help protect Coastal IT Solution, Coastal IT Solutions customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Coastal IT Solutions. Coastal IT Solutions reserves the right to modify the Policy at any time, effective upon posting at
http://www.coastalitsolutions.com.au/billing/tos.php
Prohibited Uses of Coastal IT Solutions Systems and Services
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Coastal IT Solutions servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or resource hosted on Coastal IT Solutions servers, is prohibited. Coastal IT Solutions accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Coastal IT Solutions customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Coastal IT Solutions-hosted domain, or referencing any Coastal IT Solutions account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Coastal IT Solutions customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Coastal IT Solutions network or on another provider’s network.
10. Using Coastal IT Solutions Services to interfere with the use of the Coastal IT Solutions network by other customers or authorized users.
11. Each Coastal IT Solutions customer is responsible for the activities of its users
(customers) and, by accepting service from Coastal IT Solutions, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Coastal IT Solutions customer will be forwarded to the Coastal IT Solutions customer’s abuse department for action. If violations of the Coastal IT Solutions Acceptable Use Policy occur, Coastal IT Solutions reserves the right to terminate services with or take action to stop the offending customer from violating Coastal IT Solutions AUP as Coastal IT Solutions deems appropriate, without notice.
12. Running IRC servers or offering shell account services.
13. You must be 18 years of age (or older) to order a dedicated server from Coastal IT Solutions.
