Terms and conditions

Key References

The follows terms are related to C38 Host.com

Us, our, ours, ourselves, company, the company, we, C38 Host, C38

The following terms refer to you, the customer;

You, your, yourself, the subscriber, the customer.

 

1) Price Changes

All prices displayed on our website, and any quotations to you will not include Value Added Tax (For more information see “Value Added Tax Charges”).

When registering up with C38 Host, you are committing to pay the full amount that is agreed on the website when initiating the contract between yourself and C38 Host.

We guarantee in line with the agreed document, that we will give you a minimum of fourteen days’ notice of any price or product specification changes that may impact your services.

There are no circumstances whereby you are able to pay the previous price issued when you initiated the contract unless the minimal fourteen days’ notice has not been given.

 

2) Value Added Tax Charges

In accordance to current NZ Law, C38 Host does not charge GST on prices

All current prices exclude GST.

 

3) Vouchers, Coupons & Promotional Offers

Under this section of the Terms and Conditions, Vouchers, Coupons and Promotional refers to the same article that can be used at the checkout section of the website to discount products/services.

All promotional codes carry their own set of terms and conditions in addition to these main terms and conditions; however the consequence of the misuse of these codes is covered in this document.

It is C38 Host responsibility to issue and accept the Promotional codes. In the instance that a promotional code is used by an unintended party we will request the difference unless the value is less than $1.00. Should it be greater, we will request the difference. The promotional codes that we issue will not be recurring, meaning you may only use the code once and for one invoice, should the promotional code be recurring and has been used by a unintended party, we will remove the promotional code and issue you with a $5 fine, along with sending you a invoice for the full amount.

When using promotional codes, you will lose entitlement to the 15 Day money back guarantee and it may not be used in conjunction with any other offer unless the terms of the promotional code states otherwise!

 

4) Deposit Refunds

All deposits are non-refundable and are requested to ensure we do not lose out when we carry out work for you!

 

 

 

5) 15 Day Money Back Guarantee

Out fifteen day money back guarantee is available to new and existing customers who wish to purchase one of the following products –

– “Starter Plan” (Shared Hosting),

– “Economy Plan” (Shared Hosting),

– “Deluxe Plan”(Shared Hosting),

– “Ultimate Plan”(Shared Hosting),

All other services and products provided by C38 Host are Non-Refundable

If you are one of the plans listed above, to now qualify for the pack, you must meet the requirements listed below;

  1.             You have not used any sort of promotional code (See article above for more details on what is included)
  2.             You have not exceeded 15% of your allowed product specifications (Subject to further terms listed below)

III.            Free Domain – The domain is registered as a .tk as these are free to order, we will not manage any sort of refund to this and if you wish to do so, you may buy it from the dot.tk

  1.             You must not have breached any of the other terms and conditions.
  2.             You must not have changed from any of the plans above at any point. This excludes upgrades to the plans listed however moving to a plan outside of the list excludes you from the money back guarantee.
  3. Allowance note ~ Product specification ONLY includes Disk Space and Bandwidth usage!

Refunds will only be given through as credit, and no cash will be returned through any means.

Please also note that if you made a mistake with the booking, we accept no responsibility for that, and do not have to refund you for that.

 

6) Acceptable Usage

In order to use any of our services, it is a legal requirement that you comply with the following terms. When you purchase any of our products/services you enter into an agreement accepting these terms and conditions, when you reach the checkout you are also given the option to accept or deny agreement to our terms and conditions!

In the event that the terms and conditions are broken on your server, you will be removed from our service immediately with no entitlement to claim any refund or request a un-suspension.

If you breach ANY United Kingdom Law, local authorities will be informed with your details to pursue any legal actions you may face.

We are not liable for any articles on your account whether uploaded by yourself or maliciously. You are liable for securing your password whilst using our services.

The use of highly intensive or similar websites will have your account suspended, you will be prompted to either pay a $7.50 administration fee, or your account can be terminated.

You are also forbidden from running anything other than a website server, by doing this you will face the same actions as listed above!

 

7) Reseller Hosting / Reseller Services

Resellers are free to sell Web Hosting on our platform; you are entirely responsible for the representation of the accounts hosted on them. You are also liable for enforcing these terms and conditions, and your own terms and conditions to their accounts.

In the event a reseller is in breach, or not complying with our terms and conditions, we following a strict procedure to reduce and compensate for these actions. Such actions include compromised websites, fraudulent activity, and script exploits.

Actions taken against Reseller Hosting / Service Customers

The account will be suspended and an email will be sent to the Reseller Owner within 24 hours justifying the suspension, and appropriate actions to resolve

If the Reseller Hosting / Service Customer Un-suspends the account, and within 24 hours does not resolve the problem we will assume malicious intent to cause damage to our services and our Root user will Suspended the Account, meaning you cannot un-suspend the user (Requires Admin Un-Suspension, see “Administrative Rules”)

In the case the account is unfit, and causing further issues we will terminate the account, alternatively we can resolve the account issue as per our “Administrative Rules and Charges”.

Notification of the issue, given up to 24 hours to resolve.

Following the given time period, internet access may be blocked by local firewalls, and only allowed access externally from a given I.P address. (Requires Admin re-enabling, see “Administrative Rules”).

If issue isn’t resolved within 48 hours of notification, contract can be terminated. Or, issue can be resolved by network engineer but fees can be incurred for the issues.

You are also free to enforce your own terms of service in addition to this set of TOS, however you are responsible for implementing these TOS.

 

8) Disk Space & Bandwidth

If your account exceeds the allocated product specifications, you are subject to over usage charges.

You can request your account to be upgraded to not incur any of the Over Usage Charges below; you are required to make the request prior to exceeding your quota. Your account cannot be downgraded.

8.1) Over Usage Charges

Web Hosting

Disk Space Overages Cost = $0.02 per MB

Bandwidth Overages Cost = $0.01 per MB

 

9) Downgrading

Web Hosting & Reseller Hosting packages cannot be downgraded under any circumstances.

 

10) Violations

Accounts are checked for the following, if your account is found with any of the following articles you will be reported to the appropriate authorities and have your account terminated from using our services with no refund.

  1.             Inappropriate Content / Graphical Images – Pornography is accepted under the circumstances it doesn’t breech NZ laws. If inappropriate content / graphical images are discovered, your service will be terminated instantly and reported to the authorities.
  2.             Copyright, or Trademark Infringement; Using software without GPU licensing, or not complying with GPU licenses.

III.            Unauthorised Material; Films, Music, Application Software, Operating Systems, etc (ejusdem generis).

  1.             Threats; includes anything such as threats to encourage bodily harm or destruction of property.
  2.             Harassment; anything that intends to cause harassment to internet user or company.
  3.             Fraudulent Activity; making fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam.

VII.            Forgery or Impersonation; Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re mailers or nicknames does not constitute impersonation.

VIII.            Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (SPAM); transmitting any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination.

  1.             E-mail News Bombing / Message Forging; transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
  2.             Collection of Personal Data; doing with without consent of the users detail(s). * Distribution harmful content; Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited.
  3. Banned Scripts and/or Applications:
  4. Proxy Scripts (nph-proxy, and others)
  5. Anonymizer
  6. Torrent Trackers
  7. Warez Forums/Scripts
  8. HiveMail and Similar Email Provisioning Scripts
  9. phpShell and similar command Execution Scripts
  10. ‘tpg’ showcase scripts

 

 

 

11) Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  1.             Your password provides access to your account. It is your responsibility to use a strong password, as well as keep it secure.
  2.             Sharing your password and account access with authorised users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

III.            Attempting to obtain another users account password is strictly prohibited, and may result in termination of service.

  1.             You must adopt adequate security measures to prevent or minimise unauthorised use of your account.
  2.             You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a service or account you are not expressly authorised to access, or probing the security of other networks.
  3.             Use of distribution of tools, designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

VII.            You may not attempt to interfere with services to any user, host or network (Denial of service attacks or Distributed Denial of service attack). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

VIII.            User who violates systems or network security may incur criminal or civil liability.

  1.             We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal

 

12) Late Payment Fee

As invoices are distributed to your sign up email address fourteen days before they are due, you are made adequately aware of when you are required to pay for your product/service.

A late fee of twenty per cent of the invoice will be enforced.

The only circumstance where this late fee is exempt is as follows;

  1.             Reasonable notification is given prior to the invoice due date justifying the late payment, and proceeding to give an applicable date in which the payment will be made.
  2.             Proven unavailability to our systems through network loss, or unavailability of other persons related to you, denying you access to use their internet facilities to complete your payment.

III.            Frozen bank account or payment gateway due to fraudulent activity caused by a third party whereby you are not liable.

 

13) Web Hosting Agreement

This section is subject to Web Hosting customers only; you take our terms and conditions into account as well as concentrate specifically on the following sections;

 

  1.             Agreement with Use of Our Services,
  2.             Backup Policy

III.            Spam Policy

  1.             Resource Usage Policy
  2.             Fair Usage Policy
  3.       You are not allowed to resell Web Hosting from us to somebody in order to profit, you can only buy on behalf of somebody and charge them what it cost you.
  4.       See Over usage Charges.

 

13.1) Minimum Contract

The minimum contract terms for Web Hosting is 1 month.

 

 

14) Backup & Data Loss Policy

We are not responsible for backing up your data; you use our services at entirely your own risk. We do not, and are not entitled to take backups of any data. In the unlikely event of corruption or hardware failure, we cannot guarantee to be able to replace lost data. We disclaim any warranty or merchantability or fitness for a particular purpose.

This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by, or not by C38 Host.com and its employees or anyone connected to the company. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

 

15) Website Creation/Design Agreement

15.1) Deposit

C38 Host requires a deposit of 50% for all jobs undertaken. When we have completed the work the final 50% will be required before any files are sent to you as a client. The deposit acts as a security in part payment, it is to cover liability of ourselves in the instance we commence work and part-way through do not wish to continue after the time we have invested. You are required upon acceptance of quotation to pay the stated deposit; if no deposit is stated Unconditionally on the quotation, you are required to pay a fifty per cent deposit (unless stated otherwise) prior to commencement of work. In no circumstance is the deposit refundable, in the instance we do not commence work due to an issue on the side of C38 Host we may issue a partial deposit refund depending on the justification given by you. If you have requested us stop work, no refund will be issues.

 

15.2) Ownership of content

Once the project has been completed and the entire of the invoice has been paid in full ownership of the website and any content, including but not limited to text, pictures and video’s will be transferred to you. C38 Host own all content on your site until it’s been transferred unless otherwise stated.

 

15.3) Deadlines

C38 Host will issue a selection of deadlines where the site will be visible for you to see and amendments can be made. When we start the project we will issue you with a final completion date where the entire project should be complete. The expected date is only a provisional date and will be changed if needed closer to the actual completion of the project.

In any circumstance, excluding grievance and illness, a project is not completed on time due to our liability we are not entitled to give you a full refund, however in respect of not completing to the allocated date we may compensate by reducing your final bill, the amount is subject to the duration of delay and justification. We are not liable in any respect if you have requested a significant amount of changes or caused delay to the allocated time frame.

 

15.4) Web Creation Payment Agreement.

Upon issue of quotation, a project completion date is issued given excessive notice to the day of payment upon the completion of the project; it is to this event on completion that a payment must be made. You are given five working days for any payments to clear following the project completion date.

If you do not meet the specified time period without proof of payment delay due to a third party because, you will be expected to pay our Late Payment Fee of twenty per cent.

Under no circumstances can you refund the project, once the full payment is received by C38 Host and files are sent, no refund of any sort will be issued.

 

 

 

16) Compromised Accounts

We do our best to keep our systems up to date and secure in order to provide maximum protection. In some circumstances, websites may be compromised due to outdated software which opens potential exploit opportunities to hackers.

In the instance of a compromised, hacked, or damaged account we take no responsibility and hold no liability as it is your responsibility to maintain and keep your software and systems secure, and up to date.

Some accounts may be legible for restorations from our backup systems, in this instance please view ‘Backup Recovery’.

 

17) Spam Policy

We maintain a zero tolerance policy against the use of our services for sending unsolicited email, bulk emailing and SPAM. Any services that are advertised via SPAM (Spamvertised) are strictly forbidden to be hosted on our servers. Additionally, no organisation or entity listed in the ROKSO may be hosted on our servers.

Any account which results in our IP range being blacklisted will be immediately suspended with their details being passed on to the relevant authority. We strictly reserve the right to require changes, or to disable necessary accounts, databases, or components that do not comply with these policies. In some circumstances, we may need to make modifications in an emergency at its sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited email a clean-up fee. The cost of the clean-up fee is entirely at the discretion of the company.

Accounts not complying with this policy will be terminated immediately.

 

18) Resource Usage Policy

Resource Usage particularly concentrates on Web Hosting. As our services are shared with other customers, we strictly prohibit you from;

  1.             Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2.             Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

III.            Run any type of web spider or indexer (including Google Cash / Ad Spy) on shared servers.

  1.             Run any software that interfaces with an IRC (Internet Relay Chat) network.
  2.             Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  3.             Participate in any file-sharing/peer-to-peer activities.

VII.            Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

VIII.            Run cron entries with intervals of less than 15 minute.

* When using PHP include functions for including a local file, include the local file rather than the URL – (E.G: (“http://yourdomain.com/include.php”) use include (“include.php”).

Our shared services are designed to meet the majority of our customers; therefore to run some of the above processes we encourage the purchase of another service, such as Virtual Private Server or Dedicated Server.

We reserve the right, at our sole discretion to discontinue services to any customer in breach of the above policies. We work in the best interest of our customers; at in some instances where a customer is exceeding resources we may take your website offline.

 

19) Payment Policy

For security reasons for C38 Host, we currently can only accept PayPal Transactions. This is for both your security and C38 Host Security.

Note: The below payment processors are subject to availability at the discretion of C38 Host. PayPal

Most paypal payments will process instantly. In the case that they do not for any reason you may need to contact our support team. We strongly advise against using E-Cheques or similar as this can put delays on your servers out of our control.

 

20) Administrative Rules & Charges

Administrative Charges are enforced to cover errors or problems that have directly or indirectly occurred.

Staff will use discretion on “good will” when carrying out tasks to determine whether to enforce charges for extra services. If you are subject to Administrative Charges you must be informed by our staff prior to the action taking place. In the case where you are charged, but not informed prior to work being completed / invoice, you are not liable to Administrative Charges.

 

20.1) Standard Administrative Charge

We have set a Standard Administrative Charge of $10.00 per hour. Some services differ from our Standard Administrative Charge, including –

* Suspension

* File Recovery – Suspension

* Backup Recovery

* Refunds

 

20.2) Suspension

If your account has been suspended due to payment, your account will be subject to late fee charges of twenty per cent. Once you have completed this invoice with the late fee payment, your account will be automatically unsuspended by our system.

If your account has been suspended due to;

  1. Suspicious Activity
  2. Resource Usage Breach

III. Fair Usage Breach

  1. Agreement Use of Service Breach
  2. Treatment of Staff Breach

You will be required to pay a fee of $6.00 for your account to be un-suspended.

 

20.3) File Recovery – Suspension

If your account has been suspended and you do not wish to complete your contract with us, but wish to have a full back up of your website, you are subject to pay an administrative charge of $20.00 (excluding GST).

We cannot provide files on disk / USB memory, or any other portable device.

Backup Recovery.

Under no circumstances are we liable for loss or the recovery of data. Our data centre run a daily backup of all accounts; this is not deemed as a viable backup solution for customers however we do not currently have access to our backup files and as such will not be able to restore a great deal of files should you lose them.

All backup restorations are subject to Administrative Charges –

Backup Service Customer – Web Hosting

* Free –No cost for backup restoration

No / non-Backup Service – Web Hosting

* $3.00 (Excluding GST)

Backup Service Customer – Reseller Hosting

* $2.00 per Backup Restored (excluding GST)

No / non-Backup Service – Reseller Hosting

* $5.00 per Backup Restored (excluding GST)

 

20.4) Refunds

All refunds are applicable of an $6.00 (excluding GST) Administrative Charge. Refunds are classified as being out of our money back guarantee period, meaning that if you are within the money back guarantee period, you are not subject to the Refund Administrative Charge.

 

21) Availability & Service Level Agreements

We aim to maintain maximum, problem free up time. However this cannot be possible for a number of reasons, which may result in services being unavailable to you or your customers. You must recognise, and acknowledge that due to the nature of the technology; occasionally unavailability of the service cannot be avoided.

In the event of equipment malfunctions, we work rapidly with our suppliers and data house engineers to resolve the problem as quickly as possible. In other cases, we carry out periodic maintenance or repairs to keep our services efficient, secure and up to date. In the event of such procedure, we will give you forty eight hours of notice unless the work is deemed urgent.

At times, matters can be beyond our control, such as power failures, interruption of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. In these cases we have no liability and have not promised to provide you with an

Interrupted service.

 

21.1) Maintenance

All planned downtime or service disruption is done out of Business & Peak Hours which we define as between 7AM – 11PM.

We do our best to inform you of any disruption, but some mediums are often more convenient than others. All updates / maintenance work are posted via our –

* Announcements & News Web Page,

* Twitter Account – http://www.twitter.com/SNetworks1 * Direct Emails

We will aim to always tweet and email you directly in the event of your service being affected by any work.

 

21.2) Urgent Maintenance

In the case of urgency we are required to give you a minimal of fifteen minutes notice due to the severity of some issues. Unfortunately with urgent maintenance, it is often found that work must be completed during business & peak hours which we try to keep to a minimal.

 

21.2) Service Level Agreement

We guarantee our customers a minimal of 95% uptime based upon various third parties monitoring our services.

If we do not meet our minimal uptime basis due to issues caused by C38 Host we will provide customers will an additional week of service.

 

21.3) Response Times

During Business & Peak Hours we endeavour to have our services back online as quickly as possible, usually within 15 minutes of receiving first acknowledgement of downtime.

Outside of these hours our minimum expectation is 15 – 45 minutes of first acknowledgement of service unavailability. In some situations, due to staff unavailability and logistical difficulties services may take longer than specified in which we will endeavour to resume normal service as soon as possible.

 

22) Reporting Violations

We request that anyone believes volitions are being committed, either by a user and/or customer of our service committing an offence, please provide the following information.

* IP address used to commit the alleged violation.

* Date & Time of the Alleged Violation, include time zone.

* Evidence of the alleged violation; screen shot, log.

We have full right to take the following actions in response to complaints or discovery of violation;

* Issue written or verbal warnings,

* Suspend the subscriber’s account,

* Terminate the subscriber’s account

* Bill the subscriber for administrative costs and/or reactivation charges for violation

* Bring legal action to enjoin violations and/or collect damages

* Report to British authorities.

 

23) Treatment of Staff

We aim to operate and provide our customers with great support through the use of well trained, and knowledgeable staff members.

We believe the treatment of staff is a vital area of the business to understand the role they take in support and ensuring services are running efficiently. We maintain a strong business relation with the customer to ensure they are satisfied with the service provided.

Under any circumstances if a staff member, or customer of ourselves feels intimidated, or is being verbally abused, threatened or being shown abusive images by a customer, we hold the right to suspend your service and terminate your contract.

If this action is used against a customer, you will be informed via e-mail in a written document explaining and demonstrating with evidence of the threats felt to staff. No refunds are given under these circumstances and all liability is remained with the behaviour of the customer.

To regain access to recover your data you will incur Administrative Charges.

 

24) Indemnification

We emphasise that in agreeing to our Terms and conditions, if you indemnify us for any violation of the agreement that results in loss to us, or bringing of a claim against us by any third party, you will be strictly liable to pay any damages awarded against us, plus all costs and attorney fees.

 

25) Refunds

Under no circumstances do we issue refunds, except under out Money Back Guarantee Policy and if a customer is to die during the use of our service.

In the event we issue a partial refund, you are subject to a $6.00 Administrative Charge.

In the case that any refund is issues, it will only be issues as credit to your client area account.

 

26) Miscellaneous Provisions

You must provide us with, and keep up to date; good contract information in the event we need to speak to you.

  1. A waiver by the Company of any breach of any provision of this Agreement by the 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.
  2. The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign the Agreement at any time without consent from or notice to the Subscriber. Company reserves right to cancel the Subscribers rights under this contract at any time without further obligation.

III. C38 Host takes no responsibility for any material input by others and not posted to the C38 Host by C38 Host. C38 Host is not responsible for the content of any other websites linked to the C38 Host Network; links are provided as Internet navigation tools only. C38 Host 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. IV. C38 Host is not responsible for any damages your business may suffer. C38 Host does not make implied or written warranties for any of our services. C38 Host 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 C38 Host.

  1. It is absolutely forbidden to host anonymous proxies/re mailers or IRC servers on Shared/Reseller Server accounts. Shared/Reseller Server accounts found hosting this material will be subject to immediate cancellation without refund.

 

 

27) Privacy

We as C38 Host have the unrestricted rights to read and access any data stored on our servers, this includes but is not limited to Emails, Web Pages, PHP files and images.

We also do not have to inform you of such access, and access to this may be shared with others who we feel need to know such information.

 

28) Virtual Private Server Agreement

 

28.1) Illegal Use

Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, but not limited to, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by NZ law.

Any use of the TOR software is strictly forbidden and will result in the immediate termination of your service with no refund offered. CPU Mining is allowed providing it falls within the resource usage policy. Abuse of this will result in a warning email being sent, processes terminated and your VPS Suspended or terminated. The level of action is at the discretion of C38 Host.

 

28.2) Resource Usage

Client agrees not to run any processes on his or her VPS which use the equivalent of a full CPU core (1.0 CPU load) or more for an extended period of time. An extended period of time will generally mean one (1) hour, but will depend upon the CPU load and level of impact on other clients sharing the physical server. Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved

 

29) Revisions to Policy

We reserve the right to revise, amend, or modify the agreements in this document at any time and in any manner. Notice of any revision, amendment, or modifications will not need to be given to users or customers; however subscribers are required to agree to the policy.