Terms of Service
1. Terminology
For the purposes of this agreement the words “Net Origin”, “We”, “Our” and “Us” refer to Net Origin, and “Site” to materials delivered on www.netorigin.com.au. Copyright in the content and trademarks on this Site are owned by Net Origin Group Pty Ltd ABN 24 154 356 788, unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Net Origin Group Pty Ltd.
“Subscriber” means the person or entity who placed the order for our services.
2. Terms of Service
Net Origin general policy is to act as a neutral provider of access to the global Internet. Net Origin reserves the right to suspend or cancel a Subscribers access to any or all services provided by Net Origin when Net Origin decides that the account has been used inappropriately.
All provisions of this agreement are subject to the Terms of Service (TOS) and Acceptable Use Policy (AUP) of Net Origin. The TOS and/or AUP may be changed from time to time at the discretion of Net Origin, and such modifications shall be effective immediately upon posting the modified agreement on the Site.
Net Origin agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Submitting an order for Net Origins services constitutes acceptance and agreement to Net Origin’s TOS, as well as Net Origin’s AUP.
3. Disclosure
The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Net Origin 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 shall have the right to terminate all service set forth in this Agreement.
4. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that Net Origin may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Net Origin achieving and maintaining its cost of service goals including, but not limited to, rates charged to Net Origin by its suppliers.
5. Payment
Establishment of this service is dependent upon receipt by Net Origin of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. The Subscriber agrees that Net Origin automatically charges the subscriber`s credit card every month. Net Origin reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
6. Late Payments and Fees
The Subscriber’s service will be suspended if payment reaches 3 days past due. The service will remain in “suspension” for two weeks before being permanently terminated. If you desire to cancel your service, please follow the proper procedure to do this as outlined in this TOS.
7. Refund and Disputes
Payments to Net Origin for Web Hosting plans, Reseller Hosting plans, Email Hosting plans, CDN Hosting plans, and VPS Hosting plans, are refundable within 30 days of purchase. Payments for any type of licenses, SSL certificates and VPS Management are non-refundable in any circumstances. The 30 day money back guarantee is also subject to Net Origin’s management approval.
8. Failure to Pay
Net Origin may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due.
9. Free cPanel Migration
The free cPanel migration strictly applies to new subscribers who require their current cPanel accounts to be migrated to their Net Origin service. A support ticket needs to be lodged within 30 days of subscribing to Net Origins service in order to take advantage of the Free cPanel migration.
The Free cPanel Migration does not include migration from non-cPanel control panels such as Plesk, or custom control panels. All non-cPanel migration are charged at a $20 flat fee.
10. Nightly Backups
Net Origin performs a backup of all Web Hosting, Email Hosting & Reseller Hosting accounts each night. The Subscriber acknowledges that Net Origin stores each backup for strictly 14 days only. After 14 days the backup is deleted from Net Origin’s servers. Backups are stored onto our offsite backup servers in New York, USA.
A client can request a backup restore for their service by lodging a support ticket. A $20 flat rate applies for each service backup restore.
11. Account Cancellation
All requests for canceling of accounts must be made via Net Origin’s billing system.
12. Service Interuption
The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that Net Origin shall not be liable for any damages arising from such loss of service for any reason.. In no event shall Net Origin be liable for any special or consequential damages, loss or injury.
13. Support Boundaries
Net Origin provides support to the Subscriber. Net Origin only ensures that the service is online and is remotely accessible. Net Origin does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue. Net Origin does not provide technical support for YOUR customers. If you need to contact the support team, we encourage you to use our Ticketing System, which can be found on the Contact Us page of our web site.
14. SPAM and Unsolicited Commercial Email (UCE)
14.1. Net Origin takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
14.2. Violation of Net Origin’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, will initiate an immediate investigation (within 48 hours of notification). During the investigation, may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Net Origin reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Net Origin will notify law enforcement officials if the violation is believed to be a criminal offense.
14.3. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: 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 service 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 account 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.
15. Network
15.1. IP Address Ownership: If Net Origin assigns the Subscriber an Internet Protocol address for the Subcriber’s use, the right to use that Internet Protocol address shall belong only to Net Origin, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services, during the term of this Agreement Net Origin shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber by , and 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.
15.2. Bandwidth Usage: Net Origin will monitor the Subscriber’s bandwidth. Net Origin shall have the right to take corrective action if the Subscriber’s usage negatively impacts other clients.
15.3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. 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.
16. Notification of Violation
16.1. Net Origin 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.
16.2. First violation: Any User, which 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 Net Origin’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
16.3. Second Violation: Users that 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.
16.4. 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.
17. Suspension of Service or Cancellation
Net Origin reserves the right to suspend network access to any subscriber if in the judgement of the network administrators the Subscriber’s service is the source or target of the violation of any of the other terms of the AUP or for any other reason which Net Origin chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s service is suspended.
Net Origin reserves the right to immediately suspend the service of a Subscriber without notice if, in the judgement of the network administrators, the Subscriber’s service is using excessive resources. A service is deemed to be using excessive resources when the Subscribers service is causing a negative effect on other Subscribers services, or using more resources then what is deemed reasonable by Net Origins network administrators. The Subscriber will not be credited for the time the Subscriber’s service is suspended.
18. Indemnification
Net Origin wishes to emphasize that in agreeing to the Net Origin AUP and ToS, the subscriber indemnifies Net Origin for any violation of the AUP and ToS that results in loss to Net Origin or the bringing of any claim against Net Origin by any third-party. This means that if Net Origin is sued because of a subscriber’s, or a customer of a subscriber’s activity, the subscriber will pay any damages awarded against Net Origin, plus all costs and attorney’s fees.
19. Miscellaneous Provisions
19.1. You must provide us with, and keep current, good contact information for your E-mail, fax, and telephone contacts. These contacts are used, in that order of preference, by Net Origin as a point of contact for the Subscriber.
19.2. A waiver by Net Origin of any breach, of any provision, of this agreement by the Subscriber shall not operate as, or be construed as, a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
19.3. The Subscriber shall not transfer or assign this agreement without the prior written consent of Net Origin. Net Origin may assign this agreement at anytime without consent from or notice to the Subscriber. Net Origin reserves right to cancel the Subscribers rights under this contract at anytime without further obligation.
19.4. Net Origin takes no responsibility for any material input by others and not posted to the Net Origin Network by Net Origin. Net Origin is not responsible for the content of any other websites linked to the Net Origin Network; links are provided as Internet navigation tools only. Net Origin disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or entity’s violation of this policy.
19.5. Net Origin is not responsible for any damages your business may suffer. Net Origin does not make implied or written warranties for any of our services. Net Origin 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 Net Origin.
20. Responsibility for Content
You, as the Subscriber, are solely responsible for the content stored on and served by your Net Origin account. We recommend that all Subscribers back up the data stored on their Net Origin account at regular intervals, regardless of whether the Subscriber has purchased a back up service from Net Origin or not.
21. VPS Management
21.1. The $20/month VPS management is only valid for one VPS plan. If you require management for more than one VPS then additional VPS management will need to be purchased. The $20/month VPS management service includes core operating system maintenance which is ensuring that all software packages are up to date, basic configuration editing, troubleshooting and security hardening. It provides 1 hour worth of System Administration support each month. If you require more System Administration support hours, please contact us.
21.2. VPS Management includes proactive server monitoring for any downtime your VPS experiences. However, it does not include SMS and/or email notifications to the customer when any downtime on your VPS occurs. A full uptime report and server downtime notifications via email and/or SMS can be purchased for $3.95/month by contacting our Sales Department.
21.3. Not all third party applications can be supported by Net Origin hardware. Net Origin does not guarantee support for any third party application installed on Net Origin hardware. Third party application and software updates can be performed by Net Origin at a rate of $45/hour.
22. VPS Backup
Net Origin do not maintain any back ups of VPS services unless an Offsite Backup Service Plan is purchased by the subscriber. Net Origin strongly recommends that the subscriber maintains their own independent offsite backups at regular intervals, regardless of whether the subscriber has purchased an Offsite Backup Service Plan or no Offsite Backup Service Plan has been purchased.
Net Origin takes no responsibility for any data loss experienced in any circumstances, regardless of whether the subscriber has purchased an Offsite Backup Service Plan or no Offsite Backup Service Plan has been purchased.
When purchasing our VPS backup service, subscribers can manage their own backups and restore from our R1Soft control panel. It is ultimately the subscribers’s responsibility to manage their own backups, schedules and restores. Backups are stored onto our offsite backup servers in New York, USA.
If you have any questions or comments regarding our Terms of Service, then please contact our Sales Department.
