Service Contract and
Terms of Conditions
(last updated on 27 June 2014)
E-llusion Interactive (known as "The Service Provider") is a reseller of Web Hosting and is therefore a Web Presence Provider. Clients using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on the Service Provider's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on the Service Provider's servers.
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USER CONDUCT
The Service Provider services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to the Service Provider, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).
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CHARGES
- Usage charges will be calculated in accordance with the Rate Schedule (Price Matrix).
- The charge for the subscriber's entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the subscriber to the Service Provider. A valid payment must be submitted to the Service Provider within 7 days of placing the order.
- The charge for the subscriber's entitlement to use the service on an annual basis is payable in full in advance by the subscriber to the Service Provider within 21 days of placing the order. Should the client decide to cancel the subscription a refund will be made to the client on a pro rata amount basis for time not used.
- The Service Provider reserves the right to adjust service charges at their sole discretion.
- The Service Provider reserves the right to suspend accounts that have not been paid. Interest on overdue accounts is calculated at an annual rate of 25% (see point 5 below).
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TERMINATION
The agreement shall continue indefinitely and shall be terminable on the expiry of one calender month's written notice given by either party to the other.
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INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Service Provider from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, the Service Provider , or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
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REFUSAL OR DISCONTINUANCE OF SERVICE
The Service Provider reserves the right to refuse or discontinue service to anyone at the Service Provider's sole discretion. The Service Provider may deny you access to all or part of the service without notice if you engage in any conduct or activities that the Service Provider in its sole discretion believes violates any of the terms and conditions in this agreement.
The Service Provider shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
You agree that the Service Provider has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. The Service Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
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NO WARRANTIES
The Service Provider makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the Service Provider or its agents or employees shall create a warranty. The Service Provider provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall the Service Provider be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the Service Provider service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on the Service Provider servers that such information becomes available to all Internet users and that the Service Provider has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of the Service Provider servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through the Service Provider or on the Internet generally.
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IDENTIFICATION INFORMATION
You agree, as the person legally responsible for use of this account, to supply the Service Provider with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
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NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by the Service Provider, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at the Service Provider. You agree to abide by any and all future the Service Provider policy decisions.
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SECURITY
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify the Service Provider immediately in writing by registered mail, return receipted, to E-llusion Interactive, PO Box 964, Banbury, 2164, RSA. You shall be held fully responsible for any misuse or compromise to your account for which the Service Provider is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, the Service Provider has the right to suspend access to the account pending an investigation and resolution. You also agree that the Service Provider has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
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BACKUP OF DATA
Your use of the service is at your sole risk. The Service Provider is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Service Provider servers. While every effort is made to ensure system integrity, the Service Provider will not be held responsible for loss of data.
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TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of the Service Provider or any other service with reference to services obtained through the Service Provider, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, the Service Provider, or any other party or parties resulting from any such conduct.
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PAYMENT
You agree to supply appropriate payment for the services received from the Service Provider, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify the Service Provider of your desire to cancel any or all services received, those services will be billed on a recurring basis. The Service Provider agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.
The Service Provider works on a payment plan of seven days from date of invoice. You are expected to pay within that period, failing which, the Service Provider reserves the right to discontinue service.
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PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with the Service Provider or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
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SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
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ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on the Service Provider servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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Please note that the contract can not be modified.