TERMS AND CONDITIONS

We hate this legal chatter as much as you do! Unfortunately this is a huge part of business as we know it today. Please bear with us by reading our terms, conditions, policies & procedures. We'll try not to bore you to death!

Melanie du Plessis

Introduction

By using Oculon Technology Solutions (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Oculon Technology Solutions reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. Violation of any part of the Terms of Service will result in termination of your account.

Definitions

  1. “Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Oculon’s products and Services and/or promotions on its website, or other means, using an affiliate tracking code
    in exchange for receiving a commission from Oculon for sales directly resulting from such display.
  2. “Affiliate Site” – The Affiliate’s website which displays Oculon’s Products and Services and/or promotions.
  3. “Oculon’s Products and Services” – Web hosting and related products and services that are available for purchase from Oculon.
  4. “Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to Oculon subject to the Commission Threshold and pursuant to the terms of this Agreement.
  5. “Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Oculon.
  6. “Qualified Purchase” – A sale of Oculon Products and Services by Oculon, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded under Section G.
  7. “Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section B) that provides valid account and billing information.
  8. “Registration Form” – Any and all order forms or other signup or acceptance form submitted by a customer to purchase Oculon’s Products and Services.

Account Terms

  1. You must be 13 years or older to use this Service
  2. You must provide your full legal name, a valid email address and any other information needed in order to complete the signup process.
  3. You are responsible for maintaining the privacy and security of your account. Oculon Technology Solutions, and all affiliated, will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

Payment and Access

  1. A valid credit card, Coinbase or Pay Fast account is required for paying accounts. A credit card is not required to create or use a free account.
  2. Payment can be made via direct bank transfer (EFT), but service will only be activated once funds reflects in our bank account.
  3. We charge a standard monthly fee based on the chosen account package type. The service is billed in advance for each month, and a full refund, for the service only (no domain name refunds), will be offered within 30 days of opening the account. Cancellation of orders by the client may attract a 10% charge for administration costs.
  4. Domain names cannot be refunded
  5. Should you upgrade or downgrade your account type, your account will be charged with your new billing rate immediately. Thereafter your account will be charged your new billing rate every 30 days, unless you cancel your account.

Late Payment

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 Oculon of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by Oculon. Oculon reserves the right to allocate payments to the oldest outstanding invoice on your account. Oculon reserves the right to bill your credit card or billing information on file with us.

Oculon provides a 10-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.

Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.

Modification to Services and Fees

  1. Oculon Technology Solutions reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. Oculon Technology Solutions reserves the right to change our monthly fees upon 30 days’ notice from us.

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account.
  2. Your account and all of its content will be deleted immediately upon your cancellation of the Service.
  3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued Service. You will not be charged again.
  4. Oculon Technology Solutions reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account.
  5. Oculon Technology Solutions may refuse Service to anyone for any reason at any time.

Domain Services

We use the services of a third-party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.

When registering the domain this will allow you full control of the domain thus giving you full ownership of the registered domain. We cannot guarantee the availability of a domain name.

We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customers name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.

We will only act on instructions of the account holder or other authorised users on the account. We act on your instructions to the extent that those instructions are possible and lawful.

All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.

You warrant that:

  • All information provided in the registration of the domain is complete and accurate.
  • You are entitled to register the domain name.
  • If you are not the domain owner, that you have permissions from the owner to act on their behalf.
  • You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
  • The domain will not be used in a malicious way.

We will do our utmost to prevent expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.

You indemnify us against any loss or damage that we may suffer arising from registration of your domain name.

Domain Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any 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.

Transfer to Oculon:
In some cases we may not be able to assist you in a transfer of data from an old host.

The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our team to receive a price quote.

Transfer from Oculon:

In the event of transferring your .co.za domain (1-year freeaway from us before the 12-month period is over, you will be held liable for the cost of registration (R99) of the .co.za domain.

Oculon provides daily back-ups to our clients. Once a transfer from Oculon is initiated, you and/or the new hosting company will have till the end of the current month, to retrieve your website data. Thereafter all data retrieval will incur a charge of R300.00.

In no event shall Oculon be held liable for any lost or missing data or files resulting from a transfer to or from Oculon.

Domain Cost Refund Policy

Please note that fees payable for domain registration and renewal costs are non-refundable.

Oculon accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.

Premium Domains

As various registries worldwide mark high value domains as premium domains, these domains cost more. We will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer.

Copyright and Ownership

  1. Oculon Technology Solutionsor its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Oculon Technology Solutions or its suppliers own.
  2. Oculon Technology Solutionsclaims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your Content.

General Conditions

  1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission ofOculon Technology Solutions.
  3. You may not use the Service to store, host, or send unsolicited email (spam).
  4. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including Client names, project names, task details, and account information may be transferred unencrypted over the internet.
  5. You may not use the Service to transmit any viruses, worms, or malicious content.
  6. Oculon Technology Solutionsmakes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  7. Oculon Technology Solutions, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  8. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  9. The failure of Oculon Technology Solutionsto exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Oculon as to the Service and super cedes any prior agreements between you and Oculon Technology Solutions (including, but not limited to, prior versions of the Terms of Service).
  10. By accessing this site, the user consents to the South African law and the jurisdiction of the South African courts governing any action which may arise in respect of the user’s use of this site.
  11. Any questions regarding the Terms of Service should be addressed to support@oculon.co.za

Offensive Content

Oculon Technology Solutions does not allow any of the following content or links to such content, to be published on its Hosting Systems: 

  1. Content of a pornographic, sexually explicit or violent nature.
  2. “Hate” sites or content that could be reasonably considered as discriminatory in any way including by way of sex, race or age discrimination.
  3. Content of an illegal nature (including stolen copyrighted material).
  4. Content that is defamatory or violates a person’s privacy.
  5. Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
  6. Pirated software sites.
  7. Illegal gambling sites.

If Oculon Technology Solutions in its sole discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or this policy, it may: 

 

  1. Request the customer to immediately remove such content; and/or
  2. Require the customer to modify such content; and/or
  3. Without notice, suspend or terminate access to any services; and/or
  4. Without notice, delete the offending content; and/or
  5. Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customers data as may be requested by the authorities and take such further steps as may be required by such authorities.

 

Unlimited Traffic/Storage Policy

Our unlimited plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy which goes as follow:

  1. Bandwidth and disk storage are unlimited as long as:
  • they used as an integral part of your website
  • you are not intentionally abusing the service by using excessive bandwidth or disk storage
  • you are not violating our terms and conditions, and
  • you are not impeding our capability to provide other service to other customers.
  1. Email storage under Unlimited packages is subject to the following:
  • we do not allow long term storage of emails, we reserve the right to remove emails older than 12 months,
  • we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
  • emails stored in ‘spam’ or ‘deleted’ folders may be deleted where such email are over 30 days old.

In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming.

Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth or disk storage limits. We’ll take care of these sorts of issues so you can concentrate on growing your site.

If, however, you are attempting to take advantage of the service by distributing or storing large files, PDF’s or images, streaming excessive video or hosting music or something similar, then we will request that you cease doing so or upgrade your package to a more fitting package for your needs.

SPAM Policy

Oculon has a strict zero tolerance policy when it comes to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.

This simply means that customers of Oculon may not use or permit others to use our network to transact in UCE. Customers of Oculon may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

There are severe penalties when violating this policy, including the termination of your service.

If your actions have caused Oculon’s mail servers or Oculon’s IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be cautioned by means of a warning in this regard.

If you do not adhere to the warnings, Oculon reserves the right to suspend your account with immediate effect.

Content Policy

All services provided by Oculon are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Oculon from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Oculon’s 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
  • Fraudulent activies
  • Adult sites
  • Spellcaster sites
  • Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.

Oculon will be the sole arbiter as to what constitutes a violation of this provision.

Scripts and Software Policy

You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Oculon customers.

Oculon is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don’t expect our support techs to troubleshoot aspects of your scripts or third-party scripts that you use on your sites hosted on our servers.

Oculon provides technical support for the server & server related software’s. Any scripts included in the Softaculous are 3rd party scripts and support are not provided by our techs.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

  • Torrentflux (and similar scripts)
  • AlienForm (all versions)
  • pl
  • Greymatter (all versions)
  • Open Webmail
  • Ikonboard (all versions)
  • IRC Egg Drops & IRC related programs.
  • Chat software
  • cgi
  • Proxy Servers & Scripts (EX: nph-proxy)
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
  • pl)
  • The Anonymizer
  • UltimateBBS (all versions)
  • YABB + YABB se (all versions)
  • Any script that uses / processes a massive number of flatfiles or large flatfile databases.
  • Crypto currency mining software, crypto currency wallets and crypto currency related websites.

Resource Usage Policy

Our hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server/network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Oculon’s systems or Hosting. Oculon reserves the right to terminate or limit such activities.

Oculon Technology Solutions carries out routine maintenance at which time any files larger than 100MB will be removed from our servers.

Oculon Technology Solutions is authorised to suspend a user’s account should it be found that excessive resource usage is negatively impacting on other customers of our shared hosting environment.

System and Network Security Policy

Users are prohibited from violating or attempting to violate the security of the Oculon’s Network. Violations of system or network security may result in civil or criminal liability. Oculon 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:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such user is not entitled.

Back-up Policy

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information.

Intellectual Property Policy

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Refusal of Services

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Oculon’s servers, the Oculon network or any other internet servers will result in immediate account deactivation without prior notice.

Contacting Us

If you have any questions about our Policies & Procedures, please contact info@oculon.co.za or call/WhatsApp on 087-700-2550

Thank you, 

Oculon

This file was last modified: February 19th, 2019

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