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Customer
Support :: Terms &
Conditions
TIT COMMUNICATIONS (TITCOMS)
strives to provide the best possible service to
all our customers, but we will not tolerate any
unlawful activity or abuse on our servers. We
respect freedom of speech and expression unless it
is harmful to others. These brief guidelines are
imposed to protect you, other TITCOMS members
and us against such harm.
Payment
Policies, Fees, Refunds and Terms of
Agreement
Full payment is required
before any service is rendered, which includes
setup fees, membership fees, domain names,
renewals, and design services. All payment-due
notices will be sent by electronic mail. No bills
or invoices will be sent by postal mail or fax.
Prepayment is due each anniversary (one month,
three month, one year) following the date the
account was established. Billing will continue
until you cancel your membership. You may cancel
at anytime. As a policy, we do not offer credits
or refunds for hosting time already expended. We
do give refunds for full months unused, should you
want to cancel prepaid service. If you decide to
cancel after prepayment, you will not receive a
refund for the current month in use (We do not
give partial months refunds). If you have prepaid
and received a multi-month discount, upon
cancellation we will figure the refund
retroactively withdrawing the discount back to the
start date of the contract. This will result in
paying full undiscounted price for the months used
and refunding the balance. This only applies to
cancellation by the client. If cancellation is
done by TITCOMS due to restrictions violation,
there will be no refund. TITCOMS will only
allow for the discount if cancellation is not the
fault of the client, as determined by TITCOMS.
Additional features can be added at any time.
Monthly feature prices are not prorated.
TITCOMS reserves the right to change prices at
any time.
Account
Cancellation
You may cancel at anytime.
To cancel your account, please contact Customer
Service at account@titcoms.co.za. Notification
of cancellation must be received at least five
business days prior to your cycle date, with the
cycle date being the day of the month you sign up,
in order to avoid charges in full for the next
cycle. It is the Client's responsibility to secure
email confirmation from TITCOMS that account
has been cancelled. If the client has not yet
received email confirmation of account
cancellation, then the account remains active, and
you will continue to be invoiced. If Client has a
balance due at the time of cancellation, this
balance must be paid in full. Cancellation does
not absolve Client of any outstanding financial
obligations.
Indemnification
Policy
You agree to use all TITCOMS
services and facilities at your own risk.
TITCOMS specifically disclaims all warranties
of merchantability and fitness for a particular
purpose. In no event shall TITCOMS be liable
for any loss, or loss of data, or other commercial
damage, including but not limited to special,
incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify,
save and hold TITCOMS harmless from any and
all demands, liabilities, losses, costs and
claims, including reasonable attorney’s fees
asserted against TITCOMS, 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, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold
harmless TITCOMS against liabilities arising
out of:
- any injury to person or property caused by
any products sold or otherwise distributed in
connection with TITCOMS’s server;
- any material supplied by customer infringing
or allegedly infringing on the proprietary
rights of a third party;
- copyright infringement and
- any defective products sold to customer from
TITCOMS's servers.
TITCOMS
shall be the sole judge of what violates this
Policy.
TITCOMS reserves the right to
monitor any and all communications through or with
our facilities. You agree that TITCOMS is not
considered a "secure communications medium" for
the purposes of the ECPA, and that no expectation
of privacy is afforded.
SPAM
Policy
TITCOMS is committed to a
zero-tolerance, anti-Spamming policy. Under this
policy, we prohibit Spam, or any unsolicited
commercial email, from being sent either: Over the
TITCOMS network, by customers or any other
users of the TITCOMS network (including
customers' customers); AND/OR over ANY network— if
the message sent advertises or mentions a site
hosted on the TITCOMS server.
We react
quickly and seriously to violations, and we
further reserve the right to terminate the
services, without prior notice, of any customer
disregarding this policy. Sending unsolicited
commercial email (a.k.a. "spam"), cross-posting
messages to a large number of USENET groups,
posting obscene or threatening messages while
using or referring to a TITCOMS email address
or web site URL is prohibited. The use of
TITCOMS servers as a mail drop for responses
to activities described above is also prohibited.
Accounts canceled due to spam will be billed a
"clean up" fee of R500.
All e-mail sent
through our service must adhere to the following
general guidelines, regardless of liberties
granted by your ISP or current SPAM
legislations:
- All recipients of any mass e-mail sent must
have previously requested e-mail correspondance
from your organization. They must also be aware
of the type of information you will be sending
and the frequency of your correspondance.
- All mass e-mail communication must have a
clear statement within the email outlining
exactly how the recipients were added to the
e-mail list used for the mass e-mail
campaign.
- All mass e-mail communication must have a
clear removal/unsubscribe statement outlining
exactly how a recipient may remove themselves
from future mass e-mail campaigns.
- All mass e-mail communication must contain
the physical mailing address of the organization
conducting the mass e-mail.
If you
have any complaints or comments regarding Spam on
our network, please direct them via email to info@titcoms.co.za.
Content Policy
All services
provided by TITCOMS may be used for lawful
purposes only. Transmission, storage, or
presentation of any information, data or material
in violation of any United States Federal, State
or City law is prohibited. This includes, but is
not limited to: copyrighted material, trademark,
intellectual property, material we judge to be
threatening or obscene, or material protected by
trade secret and other statute without proper
authorization. The subscriber agrees to indemnify
and hold harmless TITCOMS from any claims
resulting from the use of the service which
damages the subscriber or any other party.
Clients retain ownership of all textual
content, images, logos, and data supplied by them
to the TITCOMS production staff. Additionally,
any graphical or textual work that is performed
for clients also remains property of the client
upon final approval and settlement of all
outstanding balances. TITCOMS always retains
ownership of any server-side and client-side
programming that is implemented for all clients
using our platform, even if a fee was paid to
perform the modifications to our
platform.
In the event of account
suspension, TITCOMS is not responsible for
supplying or retaining copies of any text, images,
logos, or data owned by the client. Any available
client-owned artifacts can be provided by
TITCOMS upon settlement of all outstanding
balances for the current standard hourly
fee.
It is the sole responsibility of
TITCOMS clients to obtain and/or verify
licensing for all images and graphics used on
their websites, even if the images were provided
by the TITCOMS production staff. TITCOMS
reserves the right to use legitimate royalty-free
images from any source to deliver designs,
revisions, or concepts. If preview images are used
from stock photo agencies, the client is still
responsible for obtaining and/or verifying the
licensing for each photo and/or graphic.
TITCOMS does not assume responsibility nor
liability for trademark infringement fees assessed
for violation of image licensing by our clients.
Additionally, work performed for clients using
unlicensed images and photos does not imply
participation in the act of trademark
infringement. We assume that any client-provided
or client-approved images are legitimately
licensed by the time the client uses the images
publically.
Pornography and sex-related
merchandising is prohibited on all TITCOMS
servers. This includes sites that may infer sexual
content, or links to adult content elsewhere.
TITCOMS will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any
illegal activity or present content that may be
damaging to TITCOMS servers or any other
server on the internet. Links to such materials
are also prohibited.
Examples of
unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- IRC Eggdrops
- Proxy Servers
- NPH-Proxy
- The Anonymizer
- Any Soap Mailers
- Matt's formmail.pl (version 1.9S and above
is ok)
TITCOMS does not host
sites of its competitors or web pages promoting
sites of its competitors.
Any illegal
activity, including adult content, links to adult
content web sites, spamming or hacking will result
in your site being shut down and all your files
deleted without warning. No refund, even for
pre-paid service, is given in this case.
TITCOMS will be the sole arbiter as to
what constitutes a violation of this provision.
Email Policy
TITCOMS may
not be the source, intermediary, or destination
address involved in the transmission of any
unsolicited email, email bombs, hate email, or any
mass email. Your email account may not be
referenced as originator, intermediary, or
reply-to address of such email. "Safe-lists" are
also strictly forbidden.
Scripting
Policy
Each account comes with the
entire suite of NetMinistry features. You may not
upload or install any CGI, ASP, or PHP scripts.
Custom programming services are available through
TITCOMS.
Chat
Policy
TITCOMS provide java-based
chatrooms running off of our servers. You can
however link your site to another chat provider.
Some examples of chat providers are:
www.humanclick.com, www.liveperson.com, and
www.livehumanhelp.com.
Traffic
Policy
TITCOMS allows for very
generous traffic, and most sites never exceed
500MB per month, unless they offer shareware,
sound, video, image and multimedia archives, are
mirror sites or any site whose primary purpose is
file distribution. You may not use your standard
TITCOMS account to offer access to such files
or functionality since we offer add-on services to
provide for higher bandwidth needs. TITCOMS
customers are discouraged from storing any files
that cause excessive traffic on TITCOMS
servers. Please contact TITCOMS Technical
Support team for more information. Again, 99% of
the sites do not fall into this category and never
reach our traffic limits.
We reserve the
right to refuse service to anyone for any reason
not prohibited by law. Also we reserve the right
to terminate service to any customer for any
reason not prohibited by law.
Any
deliberate attempt to cause damage to TITCOMS
or any other Internet servers will result in
immediate account deactivation without prior
notice. No refund, even for pre-paid service, is
given in this case.
All account plans come
with an "unlimited" traffic allowance. However,
sites transfering more than 1 gigabyte per month
will be reviewed. If your website uses more than
10 gigabytes per month, you will be required to
move to a dedicated server solution, available by
request. We monitor all accounts and bill $300.00
for each 1 GB of burstable bandwidth.
Backups
Full backups are
made weekly, and backups of new/changed data made
daily. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these
backups. Backups are made for server restoration
purposes only. It is the client's responsibility
to maintain local copies of their web content or
any other information. If loss of data occurs due
to an error of TITCOMS, we will attempt to
recover the data for no charge to the client. If
data loss occurs due to negligence of client in
securing their account or by an action of the
client, TITCOMS will attempt to recover the
data from the most recent archive for a R100.00
fee.
TITCOMS reserves the right to
amend our Terms and Conditions at any time and
without notice.
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