Privacy Policy | Terms of Service | Service Level Agreement | Contact Terms Of Service The Terms of Service agreement is a representation of the rights each customer is provided in accordance to the rights of the hosting service. Use of the Service and/or agreeing to pay and payment made for the provision of the Service, shall constitutes acceptance of this Agreement. In consideration for the Service, You agreed to provide current, complete, and accurate information about yourself as requested, furthermore, you agree to maintain these details current, complete and accurate. Changes to your details must be notified by Email to enquiries@noirhost.com. We reserve the right to change the Terms of Service without prior notification, as frequently as we desire with the exception of affecting a customer's billing. In an instance of billing changes, the customer will be notified at least 14 days prior to the billing change and provided the right to cancel their account should the change be an unacceptable part of our Terms of Service to the customer. Payment The Client agrees to pay all such charges that are incurred through their usage of the Service. Subsequent payments are due on the anniversary date based on the same time duration as the previous provision and at the current pricing schedule. The Client acknowledges that any non-processing of their payment, including but not limited to, dishonoured cheques, refer to drawer notices or insufficient funds notices, may incur a $20 administration fee payable to the host. We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already paid for. Termination of Service The Client must give us at least 30 days written notice for termination of the Service for monthly contracts. No refund shall be given for any unused time or services. The Client acknowledges that their non-use or minimal use of the Service, does not constitute a right to a full or partial refund of fees. Quaterly or annual contract fees may be refunded less any fees incurred for the purchase of new instructure specifically for your hosting service, and less all time . 30 days written notice must be given to cancel a quaterly or yearly contract. Account Suspension Client agrees that bandwidth and disk usage shall not exceed the number of megabytes allocated per calendar month for the hosting package ordered. We will monitor Client's bandwidth and disk usage. Our systems are set to automatically suspend an account when the allocation is exceeded with or without notice. The suspension will be removed if Client agrees to pay for any extra allocations or at the beginning of each month, whichever is earlier. Any renewal after such suspension or termination shall incur a $50 re-establishment fee. Refund Policy Refund requests made in the duration of the first week of the account's activation will be provided in full provided that the hosting services are unused. Unused is defined here as: no use of Email, web server, FTP or any other services. Refund requests made after the first week of service will not be honoured. Australian Law The customer agrees not to take part of in any manner or be involved in the transmission, distribution or storage of any material (data) using their hosting space and account which violates Australian Law, International Law, their home law, and United States Laws; such materials could be, but are not limited to: SPAM, offensive material, material which Noir Host deems may pose a risk to the safety and reliability of the server environment. The Client may not use the Service for warez, pornography, hatred, scams, hacking, fraudulent, illegal, or any materials, which maybe be deemed unacceptable to the community. What constitutes unacceptable content is solely at our discretion. Clients are ultimately responsible for their actions over our network, and will be liable for all breaches of this policy, trademarks, or copyrights. The Client is solely responsible for all content stored on and served through their account. Being unaware of the data stored on your server does not exclude you from your responsibilities as stated above. Security Hosting services provided are on an "as is" basis; The customer agrees that the use of the services is solely at their own risk. Responsibility for the security and durability of the customers content stored on the hosting services servers is the customer's responsibility. We will do our best to ensure a stable and secure hosting environment for all customers, but assume no responsibility in the maintenance and security of the content stored by any individual customer. Noir Host can not guarantee against an attempted or successful security compromise on your hosting service. Your service is protected to the best of our ability by a standalone firewall and the secure environment of Linux. Hosting Service Internet Protocol (IP) address assigned to your account to be used with the Service belong to us. The client shall have no right to use IP address except as permitted by us in connection with the Service and during the term of this Agreement. We shall maintain and control ownership of all IP addresses that may be assigned to Client and we reserves the right to change or remove any and all such IP addresses, in our sole and absolute discretion. Violations of systems or network security are prohibited, and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement authorities if a criminal violation is suspected. Violators of this policy are responsible for, but not limited to, the cost of labour to clean up and correct any damage done to the operation of the server(s) or network and business operations supported by the server or network. Such labour is categorised as emergency security breach recovery and is charged at $500AUD ex GST per hour, calculated hourly. Examples of system or network security violations include, but not limited to the following: Unauthorised access to or use of data, systems or networks. Probe, scan or test the vulnerability of a system; or network; or to breach security; or authentication measures without express authorisation of the owner of the system or network. Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network. Interfering with the Service. Forging of any TCP-IP packet header or any part of the header information in an email. In the event of a system failure for whatever reason, we are not responsible for any damages or consequential losses and/or injury incurred. Whilst every care possible is taken to ensure the security of our systems, we accept no responsibility for loss of data or service outage. We do not allow IRC activities on our servers or network. IRC and related activities will result in immediate Service termination. Reliability and Server Uptime Server availability is maintained as close to 100% as possible. In cases where the server is unavailable, no adjustment in the usage fee will be made. Server Uptime does not include third party interferences, including, but not limited to: DNS propagation, the Customer's Internet Service Provider, the Customer's computer Equipment, natural disasters and Third Party Programs installed. In the event of a third party interference being responsible (listed above) the customer acknowledges they have no right to a proportionate refund. Backup CPanel produces daily backups of each customer's domain and data which is available through the customer CPanel account; these backups are stored on the server the customer's account resides in. The customer acknowledges that these backups are provided as a benefit to them and do not guarantee 100% data integrity. The customer agrees that the hosting service is not responsible for any data loss in any event unless a explicit agreement is made between the hosting service and the customer in which the hosting services agrees to secure and store the customer data off the hosting server in which the customers data originally resides. The storage space occupied by data backups will occupy some space from the client's quota. The client is responsible for purchasing more storage if the account is close to the limit. Backups are required for quality of service and may not be disabled. Support The hosting service acknowledges that the customer has a right to reasonable support, which can be defined as: "Wilful help, assistance and resolution in relation to a hosting problem". However, the customer agrees that the hosting service is not responsible for providing support for third party software and customer's computer problems. The hosting service will provide error free hosting and will resolve any problem on the hosting service's server. Noir Host is not responsible for changing the configuration of a shared server to suit the needs of an individual customer. Noir Host is not liable for security breaches related to the use of SSL, TLS or any other encryption method. Noir Host is not responsible for other security breaches related to brute force attacks, password cracking or any other method of intrusion which is out of the control of Noir Host. The customer is responsible for maintaining the privacy of their account details including username and password. The customer acknowledges if a support request is unreasonable or the problem is on the customer's computer or related to their Internet Service Provider or another Third Party, the hosting service has the right to refuse providing support. Support is provided by E-Mail and Support Tickets as outlined in the client's individual contract. Telephone Support is not provided. Support provided is limited to the account owner only. Software CPanel is included in your hosting service. Licences for VLE's (Virtual Learning Environment) are not included in your monthly fee. You must observe any GPL agreements you have entered into by using open source software such as Moodle, OSCommerce, CentOS, Joomla! and others. Noir Host is not responsible for your use of open source software on our servers and does not develop, maintain or provide support for any other software on your service other than CPanel unless specified in your hosting contract. Changes to Service If the service provided by the host is to relocate, undergo upgrades or maintenance, change connection or any other physical or digital change to improve the customer's service, the customer will not hold the host responsible for any down-time incurred as a result. Down-time is actively kept to a minimum of less than 1% per year. Noir Host will notify all it's customers of scheduled outages to service at least 12 hours before the outage occurs. Client's Responsibilities It is the Client's responsibility to ascertain the full cost of using the Service, including but not limited to, carrier charges, internet access charges, etc. Although we may provide advice regarding other charges, it is the client's responsibility to confirm this advice by contacting the provider directly. The Client or persons acting on behalf of the client are not permitted to use the service for any activities that are of an illegal or fraudulent nature, such as any activities prohibited under the laws of Australia or the United States of America. We are concerned about the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, such as regular mail, facsimile, and telephone, all of which can be intercepted and otherwise compromised. As a matter of prudence, we urge our clients to assume that all of their on-line communications are insecure. We cannot and will not take responsibility for the security of information transmitted over our servers and network. The Client is responsible for protecting and securing the Client's password and for any authorised or unauthorised use of the Client's password. The client shall not use or permit anyone to use the Service to access other accounts, systems or networks without authorisation. We will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activities. Your account my incur download charges and service interruption as a result of investigation. You are respinsible for any download quota used and any service outages as a result of this. Bulk mailing is prohibited on our hosting services. Clients using mailing list software to send bulk mail are in breach of this agreement immediately and will have their account terminated without backup. We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that Client may not use or permit others to use our network to transact in SPAM. Clients may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. First violations of this policy will result in an administration and investigation fee of $500 being charged to your account. Your account will also be reviewed for possible termination. If as a result of the misuse of your service, Noir Host's IP address/es are blocked, you may incur charges due to IP migration and will affect every other client using that shared server. Those clients affected will be given your lawyer's contact details and may chose to persue you for damages incurred because of service outages or blocked traffic from the shared IP address. Content Our Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian and United States of America laws, or by any common law, is prohibited. This includes, but is not limited to, materials protected by copyright, trademark, trade secret, or other intellectual property rights. Indemnity Agree to Release: The customer agrees to indemnify the hosting service, our contractors, data centre and it's employees, Noir Host employees and keep the business harmless from all liabilities, claims and expenses, including but not limited to: Solicitor Fees, damages, Internet Connection Fees, and all other third party fees that may arise as a result of the customers usage of the hosting service, relocation, security breach or any other circumstance. Violations: The customer agrees that in the event that they violate the Terms of Service, the hosting service reserves the right to terminate their account without providing a refund. A data backup is the customer's responsibility in the event of account termination, under any circumstances. We wish to emphasise that in using our Service, Client indemnifies Noir Host for any violation of the Agreement or law that results in a loss to Noir Host or the bringing of any claims against us by any third party. This means that if we are sued because of a client's or a client of a client's activity, the client will pay any damages awarded against us, plus reasonable costs and fees. Refusal Of Service: The hosting service reserves the right to refuse service to any person, group, organization or business without providing a reason. DISCLAIMER AND RESPONSIBILITY We do not assume any responsibility through this Agreement to monitor or police internet-related activities. We disclaim any responsibility for any such inappropriate use and liability to any person or party's violation of this policy. Noir Host MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ANY RESULT THE CLIENT MAY ACHIEVE USING THE SERVICE AND WE HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Noir Host MAKES NO REPRESENTATION THAT THE OPERATION OF ITS SITES/SERVERS/NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE WILL DO OUR BEST TO CORRECT SUCH INTERRUPTIONS AND/OR ERROR(S) AS PROMPTLY AS POSSIBLE BUT WE MAKE NO WARRANTY THAT THE INTERRUPTIONS AND/OR ERROR(S) WILL OR CAN BE CORRECTED. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK, CLIENT AGREES TO INDEMNIFY US OF ALL DAMAGES CAUSED TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA AS THE RESULTS OF SUCH ACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM Noir Host OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AGREEMENT AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE AGREEMENT BY YOU. The section titles in the Agreement are the for the reader's convenience and have no legal or contractual significance.     Ensure your students' success with very special hosting for your Moodle. Services include VLE installation, maintenance, daily backup and intensive support. Change your host now and receive the service you need to be successful in online education.   All content is copyright to Noir Host 2009. Noir Host is not a Moodle partner.