Use of CRYONET SOLUTIONS service constitutes acceptance and agreement AUP as well as CRYONET SOLUTIONS TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of CRYONET SOLUTIONS and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, applicable to contracts enforceable in that state. Venue will be NSW, Australia.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition CRYONET SOLUTIONS shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date. If you are a resident of Australia, your purchase of dedicated hosting services are subject to the GST sales tax rate of 10%. All setup fees are subject to a 10% tax. If you are located outside of Australia and have no legal entity in Australia, your purchase of dedicated hosting services are not subject to GST.
4. Payments and Fees: Checks returned for any reason are subject to a $29.00 returned item charge. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment may be subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by CRYONET SOLUTIONS may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 no more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to CRYONET SOLUTIONS are nonrefundable after the 30 day money back guarantee only for business web hosting and virtual private server plans. This excludes any setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CRYONET SOLUTIONS sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay CRYONET SOLUTIONS an "Administrative Fee" of not less than $50 and not more than $150 to recover costs charged as a result of the disputed charge.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice.
CRYONET SOLUTIONS preferred method of cancellation is via the members section of your CRYONET SOLUTIONS account. Please log into the members section at www.cryonet.com.au and you can request to have your server cancelled there via the helpdesk
Once you submit your cancellation an email will be sent to the primary contact email address we have on file which will contain a link that you must click on to verify that your cancellation request is valid for the service/s specified in the email. The link contained in this email must be verified and clicked on within 48 hours of your request or it will expire. Once you click on the link your cancellation will be processed within 48 hours or less and we will send you a confirmation that your request has been completed.
If you receive the email containing the verification link and do not click on it within 48 hours your request for a cancellation will not be processed and monthly recurring charges will continue to be charged to the credit card information found on file. An e-mail will be sent to the primary contact email address on the account to advise you that your cancellation request has not been processed.
If you fail to click on the link within the 48 hours you may resubmit your cancellation request online via the members section.
**If you do not receive the email we recommend that you contact the customer service department by email, live chat, or phone ASAP. **
You must have all account information to cancel. Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder.
In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by CRYONET SOLUTIONS on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to CRYONET SOLUTIONS will require a minimum of three (3) days to be set up and entered into our DNS servers once authority has been provided for us to act on your behalf. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by CRYONET SOLUTIONS on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: CRYONET SOLUTIONS, provides technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guideline when providing support: CRYONET SOLUTIONS provides support related to your server or virtual site physical functioning. CRYONET SOLUTIONS does not offer tech support for application specific issues such as cgi programming, DNS resolution, html or any other such issues. CRYONET SOLUTIONS does not provide technical support for YOUR customers. It is understood that running a website requires a level of technical expertise and CRYONET SOLUTIONS accepts no responsibility for the consequences, financial or otherwise, of actions taken at your request. If you can email, we encourage you to email email@example.com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
12. SPAM and Unsolicited Commercial Email (UCE): CRYONET SOLUTIONS 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 CRYONET SOLUTIONS may not use or permit others to use our network to transact in UCE. Customers of CRYONET SOLUTIONS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of CRYONET SOLUTIONS SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CRYONET SOLUTIONS will initiate an immediate investigation (within 48 hours of notification). During the investigation, CRYONET SOLUTIONS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CRYONET SOLUTIONS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CRYONET SOLUTIONS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CRYONET SOLUTIONS will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $100 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CRYONET SOLUTIONS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the CRYONET SOLUTIONS network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. IP Address Ownership: If CRYONET SOLUTIONS assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CRYONET SOLUTIONS, and Customer shall have no right to use that Internet Protocol address except as permitted by CRYONET SOLUTIONS in its sole discretion in connection with the Services, during the term of this Agreement. CRYONET SOLUTIONS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CRYONET SOLUTIONS, and CRYONET SOLUTIONS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). CRYONET SOLUTIONS will monitor Customer's bandwidth and disk usage. CRYONET SOLUTIONS shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CRYONET SOLUTIONS sole and absolute discretion. If CRYONET SOLUTIONS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers. Every effort will be made to notify account holders of potential bandwidth usage and to provide upgrade paths prior to excess billing being incurred.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CRYONET SOLUTIONS network. Violations of system or network security may result in civil or criminal liability. CRYONET SOLUTIONS will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
a. CRYONET SOLUTIONS is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which CRYONET SOLUTIONS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CRYONET SOLUTIONS discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that CRYONET SOLUTIONS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: CRYONET SOLUTIONS reserves the right to suspend network access to any customer if in the judgment of the CRYONET SOLUTIONS network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CRYONET SOLUTIONS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
17. Indemnification: CRYONET SOLUTIONS wishes to emphasize that in agreeing to the CRYONET SOLUTIONS Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies CRYONET SOLUTIONS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to CRYONET SOLUTIONS or the bringing of any claim against CRYONET SOLUTIONS by any third-party. This means that if CRYONET SOLUTIONS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CRYONET SOLUTIONS, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by 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.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. CRYONET SOLUTIONS takes no responsibility for any material input by others and not posted to CRYONET SOLUTIONS network by CRYONET SOLUTIONS. CRYONET SOLUTIONS is not responsible for the content of any other websites linked to the CRYONET SOLUTIONS network; links are provided as Internet navigation tools only. CRYONET SOLUTIONS 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.
d. CRYONET SOLUTIONS is not responsible for any damages your business may suffer. CRYONET SOLUTIONS does not make implied or written warranties for any of our services. CRYONET SOLUTIONS 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 CRYONET SOLUTIONS.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as CRYONET SOLUTIONS customer, are solely responsible for the content stored on and served by your CRYONET SOLUTIONS server or website.
20. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
CRYONET SOLUTIONS may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships CRYONET SOLUTIONS has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by CRYONET SOLUTIONS and not by the Third Party Vendor. Neither CRYONET SOLUTIONS nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from CRYONET SOLUTIONS or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither CRYONET SOLUTIONS nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and CRYONET SOLUTIONS with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
21. Refund Policy
a) For New Accounts
We have a 30 day money back guarantee for all new hosting accounts. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, over usage costs from data transfer and disk space, SSL certificates, domain registrations, domain transfers and domain renewals.
b) For Renewals (Hosting)
Renewal of all web hosting contracts will only be refunded if CRYONET SOLUTIONS is notified prior to the Invoice Date. Refund requests received after this date will be made at the discretion of CRYONET SOLUTIONS Management. All cancellations must be received in writing at least 5 days prior to the renewal date and can be sent by regular mail, e-mail or fax. Phone requests will only be accepted if accompanied by written confirmation by one of the above methods.
c) All other Refund Requests
Our priority is to serve our customers and provide you with the highest quality of service we can. If for some reason you would like to request a refund, please contact our customer support team at firstname.lastname@example.org. Refunds will be given at the discretion of CRYONET SOLUTIONS Management.
22. Service Level Agreement (SLA)
a) Service Record
We have a target uptime on our entire infrastructure of 99% and above every calendar month. In all our years of operation we have consistently maintained an average in excess of 99.99% uptime. At CRYONET SOLUTIONS we believe in honesty and transparency. This is why you will not see impossible guarantees such as "100% uptime". Designing, building and running high availability infrastructure is our core business and the provision of these systems requires significant effort and investment. A 100% uptime SLA requires that there is absolutely no down time on any component which affects the overall service delivery. This means that if there is a network outage for even 5 seconds, the 100% uptime SLA has been breached.
b) Enterprise Service Level Agreement
All hosting plans at CRYONET SOLUTIONS have a percentage SLA figure on the plan description. We will guarantee that your our infrastructure will serve your sites on those plans at that rate every calendar month. Should we drop the ball and fall below that SLA percentage, you will receive that monthâ€™s business web hosting free and for virtual private servers and dedicated servers a percentage discount will be issued. Please contact our customer service staff if you believe that we have breached the SLA on your account and we will resolve the matter as quickly as possible. All service level disputes will be handled as per our standard resolution policies listed in the About Us section of this web site. Please make sure you understand this documentation thoroughly.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.