OptimumSolutions agrees to furnish a HOSTING services to you, subject to the following TOS (Terms of Service).
Use of OptimumSolutions Hosting Service constitutes acceptance and agreement of these TOS (Terms of Service).
Disclosure to Law Enforcement: Our AUP (acceptable use policy) specifically prohibits the use of our service for illegal activities. You agree that OptimumSolutions may disclose your subscriber information to a law enforcement agency who makes a written request without further consent or notification to you. You also agree that OptimumSolutions shall have the right to terminate web-hosting services if your site is found to be conducting illegal activities.
- Establishment of any hosting service is dependent upon receipt by OptimumSolutions of payment of submitted invoices or by submission of a signed debit order.
- Annual Hosting payments are due on the anniversary date depending on the plan chosen.
- No domain will be registered or any site made live without receipt of said payment.
Payments and Fees:
- Service will be interrupted on accounts that reach 24 hours past due - due date is the 3rd working day of each month.
- Service interrupted for non payment is subject to a reconnect charge.
- A re-connection fee of R 150 will be charged.
- Hosting accounts are paid in advance.
Refund and Disputes:
- No refunds for the one time setup fee (if applicable) and subsequent charges.
- PLEASE NOTE that cancelled websites will be subject to a cancellation fee of a minimum of R 150 if the domain name has already been registered.
- Cancellation fees are subject to the price of the domain purchased.
Failure to Pay: OptimumSolutions may temporarily deny service or terminate any Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of OptimumSolutions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that OptimumSolutions shall not be liable for any damages arising from such causes. (Although we do not give uptime guarantees, we have had an overall uptime in excess of 99.9% over the past 48 months). It is also important to note the difference between our website and email hosting and your Internet Service provider.
New Domain Accounts: All new accounts will be registered and entered into our DNS servers within 12 hours. Due to Internet propagation, however, this process may sometimes require up to 24 hours and for overseas doomains up to 5 days.
Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to OptimumSolutions may require up to 5 or more days to propagate through the Internet. Although domain names usually propagate in 24 hours, due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take since we have no control over that.
SPAM and Unsolicited Commercial Email: OptimumSolutions 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 OptimumSolutions may not use or permit others to use our servers to transact in UCE. Violations of this policy may result in termination of service.
Indemnification: OptimumSolutions wishes to emphasize that in agreeing to the OptimumSolutions Terms of Service (TOS), customer indemnifies OptimumSolutions for any violation of the TOS that results in loss to OptimumSolutions or the lodging of any claim against OptimumSolutions by any third-party. Put simply, this means that if OptimumSolutions is sued because of illegal activity on your behalf, you will pay any damages awarded against OptimumSolutions, plus all costs and attorney's fees.
Contact Information: You must provide us with, and keep current, a valid E-Mail address where we can reach you. We cannot be held responsible for suspending or closing your account due to non payment if we are unable contact you.
Transfer or agreement: You shall not transfer or assign this Agreement without the prior written consent of OptimumSolutions.
Damages: OptimumSolutions is not responsible for any damages your business may suffer. OptimumSolutions does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, loss of revenue, and any and all service interruptions.
Please note that at all times, as a hosting client you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. This includes your website and email accounts.
You shall be solely responsible for undertaking measures to:
- prevent any loss or damage to your server content;
- maintain independent archival and backup copies of your server content;
- ensure the security, confidentiality and integrity of your server content transmitted through or stored on OptimumSolutions servers; and
- ensure the confidentiality of your password.
OptimumSolutions servers are not an archive and OptimumSolutions shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by OptimumSolutions are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. OptimumSolutions shall have no liability to you or any other person for your use of OptimumSolutions products and/or services in violation of these terms.
Abusive treatment of OptimumSolutions staff or other customers will not be tolerated. It is never justified to take ones frustrations out on another. Sometimes Message Board refer to it as flaming; some refer to it as being downright rude and obnoxious. Whatever one calls it, it is unacceptable in a Christian environment and we cannot allow any form of verbal (or physical) abuse. Violations of this policy will result in termination of service.
Ownership of domain names: Domain names are registered in your name. Provided your account is in good standing, you own the domain and it is yours to keep. Should you leave, the domain name is yours and you can transfer it to wherever you want.
NOTE: This does not apply to accounts that are in arrears or if you have violated our terms of service as outlined above. In such cases, you may purchase your domain name for R 250,00 after settling your account.
Content: You, as OptimumSolutions customer, are solely responsible for the content stored on and served by your website.
It is absolutely forbidden to host pornographic or any demonic content. Accounts found hosting this material will be subject to immediate cancellation without notice and without refund.
Backup: Although our upstream Service Provider makes weekly and Monthly backups, it is still your responsibility to make backups of your own websites. Your Cpanel has such a function installed. We only make regular backups of websites where a monthly SA (Service Agreement) is in place and payment is up to date.
Websites Hacked: OptimumSolutions as your hosting service provider or your web designer will not be held responsible if a website is hacked. It is the responsibility of the client to keep their website secure with the latest releases of programs and anti hacking software. OptimumSolutions will endeavour to assist where possible and a monthly web support contract is available.
Updates : You are solely responsible to keep your online programs such as Joomla, Wordpress and others (including all components and plugins) up to date. We have packages available if you need assistance.
Copyrights and Trademarks: The client represents to OptimumSolutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to OptimumSolutions for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend OptimumSolutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.