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Terms
of
Services
Revision date: 25/02/2009
All services provided by Sure-find ("Sure-find") 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, material we judge to be threatening
or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Sure-find from any
claims resulting from the use of service which damages the subscriber
or any other party.
Prohibited are sites that promote any
illegal activity
or
present content that may be damaging to Sure-find' 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
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY
OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY,
WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY,
Sure-find WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic
allowance. We monitor all accounts and bill $1.00 for each gig of
traffic exceeded. This amount is not prorated, meaning that 1 mb - 1
gig will be treated and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of
Sure-find is strictly prohibited. As our customer you are responsible
for all your accounts. Should you violate the Terms of Services
outlined within, your account will be cancelled without chance of
refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting
sites and
dedicated
servers of Sure-find must adhere to the above policies, with the
exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Sure-find shall either:
(1) debit the client's credit card (when
such
information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an
invoice in
accordance with the applicable Service Fees for services rendered for
the current month. When an invoice is delivered to the client, payment
shall be remitted to Sure-find by no later than the specified payment
due date. Sure-find shall be entitled to immediately terminate this
agreement for client's failure to make timely payments. You will be
provided with an invoice on a monthly basis. All credit cards are
billed automatically on a monthly basis. It is the client's
responsibility to ensure that they have sufficient credit to cover this
transaction. In the event that there is insufficient credit, we will
send an e-mail notification, at which point we will need to be provided
with another credit card account number within 24 hours. If we do not
receive a response within 24 hours, the account, and all accounts under
that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Sure-find to client,
which must be paid by client in order to have use of said services. If
client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Sure-find and agrees to pay any and
all fees incurred by client. Because the services are provided on a
monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for
service fees for the entire month, and such fees will not be pro-rated
or refunded.
Money back guarantee & refund policy
We offer a 31 day Money back guarantee.
Refunds: If client has retained the services for one year and has
pre-paid Sure-find for such services, refunds will be issued for any
unused full month of the services, upon client's request. Therefore, if
client's account is cancelled at any point during the one-year term,
client will be entitled to a refund for the months remaining, after
notice given by the 25th day of the preceding month.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
Sure-find shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Sure-find '
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Sure-find shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from
the corruption or deletion of any web site from one of Sure-find '
servers. All damages shall be limited to the immediate termination of
service.
Violations
Violations of these Acceptable Use Policies should be referred to
admin@sure-find.net. All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
Disclaimer
Sure-find cannot be held liable for system down time, crashes or data
loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Sure-find are resold. Thus, certain equipment,
routing, software and programming used by Sure-find are not directly
owned or written by Sure-find. Moreover, Sure-find holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Sure-find
sees fit.
Account Activation
By activating your account with Sure-find, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and a
copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you
sign up for
an account and
fail to comply with these terms, no refunds will be given. We will,
however, advise you by e-mail or phone prior to taking any action to
provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although Sure-find has an excellent record for reliability, we do not
offer an uptime guarantee. However, our network and servers are
monitored continuously, and are rarely down except for scheduled
maintenance and hardware and software upgrades.
Sure-find reserves the right to amend any
or all of the
above
policies, guidelines and disclaimer without notification. We also
retain the right to increase any pricing and make changes to our
account plans without notification.
Privacy
Revision date:
25/02/2009
Sure-find has created this privacy
statement in order to
demonstrate our firm commitment to privacy. The following discloses the
information gathering and dissemination practices for this Web site.
Information Automatically
Logged
We use your IP address to help diagnose
problems with
our
server and to administer our Web site. We use this information for no
other reason.
Order Forms
Our site uses an order form for customers
to request
services.
(128 bit encryption). We collect sensitive information which is used
only for our purpose, not third party receives any type of information
from us.
Contact information from the order forms is
used to get
in touch with the customer when necessary.
Billing information that is collected is
used to bill
the user for services.
Unique identifiers are collected from Web
site visitors
to verify the user's identity.
Demographic and profile data is also
collected at our
site.
We use this data to tailor our visitor's
experience at
our
site showing them content that we think they might be interested in,
and displaying the content according to their preferences.
Security
This site has security measures in place to
protect the
loss,
misuse, and alteration of the information under our control. We use
strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is
strictly for our
use, NO
OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING
INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this
privacy statement,
the
practices of this site, or your dealings with this Web site, you can
contact: admin@sure-find.net
Acceptable
Use Policy
Revision date: 25/02/2009
As a provider of web site hosting and other Internet-related services,
Sure-find offers its customer (also known as "Subscribers") and their
customers and users the means to acquire and disseminate a wealth of
public, private, commercial and non-commercial information. Sure-find
respects that the Internet provides a forum for free and open
discussion and dissemination of information. However, when there are
competing interests at issue, Sure-find reserves the right to take
certain preventive or corrective actions. In order to protect these
competing interests, Sure-find has developed an Acceptable
Use Policy ("AUP"),
which supplements and explains certain terms of each customer's
respective service agreement, and is intended as a guide to the
customer's rights and obligations when using Sure-find' services. This
AUP will be revised from time to time.
One important aspect of the Internet is
that no one
party owns
or controls it. This fact accounts for much of the Internet's openness
and value, but it also places a high premium on the judgment and
responsibility of those who use it, both in the information they
acquire and in the information they disseminate to others. When
subscribers obtain information through the Internet, they must keep in
mind that Sure-find cannot monitor, verify, warrant or vouch for the
accuracy and quality of the information they acquire. For this reason,
the subscriber must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be aware that
some material posted to the Internet may be sexually explicit or
otherwise offensive. Because Sure-find cannot monitor or censor the
Internet, and will not attempt to do so, Sure-find cannot accept any
responsibility for injury to its subscribers resulting from inaccurate,
unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information
from the
Internet,
they must keep in mind that Sure-find does not review, edit, censor or
take responsibility for any information its subscribers may create.
When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation and
other harmful speech. Also, because the information created is carried
over Sure-find' network and may reach a large number of people,
including both subscribers and non-subscribers of Sure-find,
subscribers' postings to the Internet may affect other subscribers and
may affect Sure-find' goodwill, business, reputation or operations. For
these reasons, subscribers violate Sure-find policy and the Service
Agreement when they, their customers, affiliates or subsidiaries engage
in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the
Internet. It is not only harmful because of its negative impact on
consumer attitudes toward Sure-find, but also because it can overload
Sure-find' network and disrupt service to Sure-find' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is
received, Sure-find will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore Sure-find reserves the right to
prosecute for this violation. A $1.00 charge will be assessed PER EMAIL
sent should Sure-find choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Sure-find does
not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Adult-Oriented Content:
Sure-find does not allow adult content and will suspend/terminate any
offending account.
Large File Policy:
Sure-find is not for file hosting and distribution - as such, customers
may not host any files larger than 50MB in size that are observed to be
available for the sole purpose of download. Such files include but are
not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail
admin@sure-find.net.
Obscene Speech or Materials:
Using Sure-find' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or
material is prohibited. Sure-find is required by law to notify law
enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through its network.
Defamatory or Abusive
Language:
Using Sure-find' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized
Access to Other
Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known as
"hacking"). Also, any activity that may be used as a precursor to an
attempted system penetration (i.e., port scan, stealth scan or other
information-gathering activity).
Distribution of Internet
Viruses, Worms,
Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or
denial of service attacks. Also, activities that disrupt the use of or
interfere with the ability of others to effectively use the network or
any connected network, system, service or equipment.
Facilitation a Violation of
this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of
software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
Sure-find reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup
violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including,
but not limited to, advertising, transmitting or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit
cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Sure-find
determines to be harmful to its subscribers, operations, reputation,
goodwill or customer relations.
As we have pointed out, the responsibility
for avoiding
harmful activities just described rests primarily with the subscriber.
Sure-find will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that the comply with Sure-find' policy or
applicable law. However, when Sure-find becomes aware of harmful
activities, it may take any action to stop the harmful activity,
including, but not limited to, removal of information, shutting down a
web site, implementing screening software designed to block offending
transmissions, denying access to the Internet, or any other action
deemed appropriate by Sure-find.
Sure-find is also aware that many of its
subscribers are
themselves providers of Internet services, and that information
reaching Sure-find' facilities from those subscribers may have
originated from a customer of the subscriber or from another third
party. Sure-find does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites created by
customers of its subscribers. Sure-find reserves the right to directly
take action against a customer of its subscribers. Also, Sure-find may
take action against the Sure-find' subscriber because of activities of
a customer of the subscriber, even though the action may affect other
customers of the subscriber. Similarly, Sure-find anticipates that
subscribers who offer Internet services will cooperate with Sure-find
in any corrective or preventive action that Sure-find deems necessary.
Failure to cooperate with such corrective or preventive measures is a
violation of Sure-find policy.
Sure-find will not intentionally monitor
private
electronic
mail messages sent or receive by its subscribers, unless required to do
so by law, governmental authority or when public safety is at stake.
Sure-find may, however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, Sure-find may
disclose information, including, but not limited to, information
concerning a subscriber, a transmission made using our network, or a
web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or governmental
request. Sure-find assumes not obligation to inform the subscriber that
subscriber information has been provided and, in some cases, may be
prohibited by law from giving such notice. Finally, Sure-find may
disclose subscriber information or information transmitted over its
network where necessary to protect Sure-find and others from harm, or
where such disclosure is necessary to the proper operation of the
system. However, Sure-find will never sell information to other
services or outside companies.
Sure-find expects that its subscribers who
provide
Internet
services to others will comply fully with all applicable laws
concerning the privacy of online communications. A subscriber's failure
to comply with those laws will violate Sure-find policy. Finally,
Sure-find wishes to emphasize that, in signing the Service Agreement,
subscribers indemnify Sure-find for any violation of the Service
Agreement, law or Sure-find policy resulting in loss to Sure-find or
the bringing of any claim against Sure-find by any third party. This
means that, if Sure-find is sued because of a subscriber's or customer
of a subscriber's activity, the subscriber will be responsible for
payment of any damages awarded against Sure-find, plus costs and
reasonable attorney's fees.
We hope this AUP is helpful in clarifying
the
obligations of
Internet users, including Sure-find and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to admin@sure-find.net. freenetlaw.com
COPYRIGHT NOTICE
Copyright © 2009 David Farndell and www.sure-find-webhosting.co.za
Ownership of copyright The copyright in this website and the material on this website
(including without limitation the text, domain name, computer code, artwork, photographs,
images, music, audio material, video material and audio-visual material on this
website) is owned by David Farndell and www.sure-find-webhosting.co.za .
Copyright license
David Farndell grants to you a worldwide non-exclusive royalty-free revocable
license to:
- view this website and the material
on this website on a computer or mobile device via a we
- copy and store this website and the
material on this website in your web browser cache memory;
and
- print pages from this website for
your own [personal and non-commercial] use.
David Farndell and www.sure-find-webhosting.co.za does not grant you any other rights in relation to this website or
the material on this website. In other words, all other rights
are reserved.
For the avoidance of doubt, you must not adapt, edit, change,
transform, publish, republish, distribute, redistribute, broadcast, rebroadcast
or show or play in public this website or the material on this website (in any
form or media) without prior written permission from David Farndell and www.sure-find-webhosting.co.za.
Data mining
The automated and/or systematic collection of data from this website
is prohibited.
Permissions
You may request permission to use the copyright materials on this
website by writing to admin@sure-find-webhosting.co.za.
Enforcement of copyright
David Farndell takes the
protection of its copyright very seriously.
If David Farndell and www.sure-find-webhosting.co.za discovers that you have used its copyright
materials in contravention of the license above, David Farndell
may bring legal proceedings against you seeking monetary damages and an
injunction to stop you using those materials. You could also be
ordered to pay legal costs.
If you become aware of any use of David Farndell copyright
materials that contravenes or may contravene the license above, please report
this by email to admin@sure-find-webhosting.co.za.
Infringing material
If you become aware of any material on the website that you believe
infringes your or any other person's copyright, please report this by email to admin@sure-find-webhosting.co.za.
This copyright notice
This copyright notice is based on a precedent created by website-contracts.co.uk and published by freenetlaw.com
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