http://www.clients.abitservices.org

Andrew Burger’s IT Services - Terms of Service

The use of services from Andrew Burger’s IT Services CC [hereafter referred to as "Shinga IT Serivces"] constitutes agreement to these terms.

Should you have questions please feel free to contact Shinga IT Services on +27 (76) 503 3982 we offer telephone and ticket support on a First-come, first-served (FCFS) – sometimes first-in, first-served and first-come, first choice – is a service policy whereby the requests of customers or clients are attended to in the order that they arrived.

It is your responsibility to keep your contact information up-to-date, we require that you submit tickets related to Billing, Technical, Accounts. Please login to your client area to enable the above mentioned contacts.

We require that each and every Shinga IT Services client have a Reference Number related to their query that can be obtained by submitting a ticket. Please login to your client area to enable all departments.

Shinga IT Services Management:

We will register co.za domain name/s for our clients and manage them free of charge should you have an hosting account with us. If you decide to host your co.za domain/s with another provider or change any DNS settings related to that domain Shinga IT Services will charge R85 per domain name / per year hosted with another provider. 

ATT: There will be no fees charged if you have an existing hosting account with Shinga IT Services.

1) Account Setup / Email on file:

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Shinga IT Services, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Shinga IT Services is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases, International Clients (Non South African ID holders) or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. We require you to include a valid ID (South African Identification Document) which will go through a Verification process to verify that you are the owner of the account.

Ownership:

The verified registered user, card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account. 

Dedicated IP Address Allocation:

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization. 

Third Party Providers:

All transactions with third party providers are solely between the visitor and the individual provider. Shinga IT Services is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Co.ZA DNS Changes and Charges:

Shinga IT Services will charge all non-hosting clients - R250/Domain/Year for any DNS Changes made to their Domain Name.

2) Content:

All services provided by Shinga IT Services may only be used for lawful purposes. The laws of South Africa apply.
The customer agrees to indemnify and hold harmless Shinga IT Services from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support[at]abitservices[dot]co[dot]za with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared, reseller account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

Examples of unacceptable material on all Dedicated servers include:

Shinga IT Services services, including all related equipment, networks and network devices are provided only for authorized customer use. Shinga IT Services systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Shinga IT Services system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Shinga IT Services may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket.

Sites hosted on Shinga IT Services's service(s) are regulated only by South African law. Shinga IT Services is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a SA Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Shinga IT Services should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Shinga IT Services's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at support[at]abitservices.org and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended or terminated immediately without notice.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3) Zero Tolerance Spam Policy:


We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Shinga IT Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Shinga IT Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Shinga IT Services.

4) Payment Information:


PLEASE NOTE: Billing will continue until you cancel your hosting account. We accept the following forms of payment: Electronic Funds Transfer (EFT), Credit Card (MasterCard and Visa).

Full payment is required before any hosting service is rendered, which includes renewals.

You agree to supply appropriate payment for the services received from Shinga IT Services, in advance of the time period during which such services are provided. You agree that until and unless you notify Shinga IT Services of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done via the Client Area under "My Services" tab combined with completing the cancellation form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. If you do not hear back from us, please contact us immediately via email accounts[at]abitservices.org. We require that cancellations of service are done through the client area (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

One full months calendar notice is required; by definition one calendar months notice is a full direct debit. A member cannot cancel whilst in suspension period.

As a client of Shinga IT Services, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Shinga IT Services of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Shinga IT Services. Shinga IT Services reserves the right to bill your credit card or billing information on file with us. Shinga IT Services provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a R50 late fee and/or an account suspension until account balance has been paid in full. The R50 late fee is applied in addition to whatever else is owed to Shinga IT Services for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our accounts team via email at accounts[at]abitservices.org after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Shinga IT Services cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales[at]abitservices.org for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales[at]abitservices.org

Shinga IT Services reserves the right to change the monthly payment amount and any other charges at anytime.

5) Backups and Data Loss:


Your use of this service is at your sole risk. The client should always keep a daily backup, backups can be generated from your Cpanel (Control Panel) to your personal computer. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Shinga IT Services is not responsible for files and/or 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 Shinga IT Services servers.

Events outside our control:

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We will make an effort to provide you with a notification of all scheduled and emergency outages via our "Latest Announcements" area located on our homepage.

Service credits are not given for any form of downtime or service unavailability. The client will not qualify for any refund due to server/hardware/software or any other reason that might caused the service to fail. 

6) Cancellations and Refunds:


Shinga IT Services reserves the right to cancel, suspend, terminate or otherwise restrict access to the account at any time with or without notice.

Customers may cancel at any time by requesting the cancellation form from accounts. (Login to your clientarea select "My Services" button at the bottom of the page click on "Request Cancellation" Cancellations requested will go into effect on the renewal date for that particular hosting package.

There are no refunds on dedicated servers, reseller hosting, vps or any other shared hosting services provided by Shinga IT Services, administrative fees, and or installation fees for custom software. Refund requests for domain names are non-refundable. 

Should you elect to pay for sevices in advance and then cancel your service, you will not be entitled to a refund for the remainder of the time for which you have paid. The upfront payment is a binding contract between the client and Shinga IT Services for the time period paid. 

30 days notice required for service cancellation, you may not transfer your domain or any other services unless your account is paid in full.

7a) Resource Usage:

User may not:

1) Use 25% or more of system resources for longer then 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. 
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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. 
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b) INODES:

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c) Backup Limit:

Any shared or reseller account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8) Bandwidth Usage:


You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9) Reseller: Client Responsibility:

Resellers are responsible for supporting their clients. Shinga IT Services does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Shinga IT Services will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

10) Shared (non-reseller accounts):

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers, virtual hosting are not backed up. You must maintain your own backups.

11) Dedicated Servers:


Shinga IT Services reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Shinga IT Services reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales[at]abitservices.org if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

12) Price Change:


We reserve the right to change prices listed on Shinga IT Services without any notification, and the right to increase the amount of resources given to plans at any time. It is your responsibility to review the terms of service and monitor our website for any price changes.

13) Coupons:


Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

14) Indemnification:


Customer agrees that it shall defend, indemnify, save and hold Shinga IT Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Shinga IT Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Shinga IT Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Shinga IT Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold or mistakes made by any staff member.

15) Disclosure to law enforcement:

Shinga IT Services may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16) Disclaimer:


Shinga IT Services will not be responsible for any damages your business may suffer. Shinga IT Services makes no warranties of any kind, expressed or implied for services we provide. Shinga IT Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data/domains/hosting/transfers and all other services we offer on the Shinga IT Services.co.za website resulting from delays, non-deliveries, wrong delivery and late registration where clients don't get the domains they ordered and any and all service interruptions caused by Shinga IT Services and its employees.

Shinga IT Services can accept no responsibility for any loss of data or consequences arising from any incident. Shinga IT Services always advises clients to back up their hosting data regularly for its own protection. It is the clients responsibility to create his/her own addon domains unless we receive a ticket with a reference number requesting that. We do not accept any direct emails to Shinga IT Services Employees without a ticket reference number and will not be seen as a valid contact! Should communication directly result in delays or non performance - the client agrees to indemnify and hold harmless Shinga IT Services from any claims resulting from the use of the service which damages the client or any other party. 

Shinga IT Services furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Shinga IT Services. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Shinga IT Services then Shinga IT Services will not be responsible for maintaining hosting for the resellers customers.

Finally, Shinga IT Services wishes to emphasize that in accepting services, customers indemnify Shinga IT Services for the violation of any law or Shinga IT Services policy, that results in loss to Shinga IT Services or the bringing of any claim against Shinga IT Services. This means that if Shinga IT Services is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Shinga IT Services, plus costs and reasonable legal fees. 

18) Free Domain Offer:

The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year free on your behalf (Only available for New Customers during sign up). Should you decide to continue using the domain name/s - Shinga IT Services will generate an invoice related to that domain/s. Should you decide to cancel your services, the domain will be released to you, once we receive payment for the domain. Domain Charges R110 should you decide to cancel within the first year.

19) Transfers:

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Reseller Accounts will qualify for up to 10 cpanel to cpanel transfers, thereafter Shinga IT Services will charge a per hourly rate of R350.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. 

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Should you transfer away from Shinga IT Services we have the right to remove all data, backups, domain parking accounts or any other related services from our database or servers that same day. We will not offer free services to old account holders when they transfer away from Shinga IT Services. All domains will be removed, you will not qualify for any free services when you move your hosting account to another provider.

20) Intellectual Property Rights:

Material accessible to you through Shinga IT Services's Services may be subject to protection under the South Africa (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Shinga IT Services Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Shinga IT Services Network.

If you use a domain name in connection with the Shinga IT Services Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

21) Changes to the TOS:


Shinga IT Services reserves the right to revise its policies at any time without notice.

By placing an order through our website, you warrant that:

You are legally capable of entering into binding contracts; and you are at least 18 years old.
If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation or termination of service.

Updated : Feb 2013