Terms Of Service

Important Legal Agreements

City Server provide web hosting services to clients in South Africa, and we have a responsibility to protect each client and to provide the best services available. All clients of City Server are subject to the following terms of service:

Billing & Refunds

Services offered by City Server Does not have any Refund Policy Due to nature of hosting industry and the costs involved with provisioning and maintaining your Service.

. There is no Minimum Contract Periods for any plans. In Case of any Disputes We are unable to offer any refunds its your responsibility to check our Services in the validity you buy for then decide wheather to continue or not. Due to the nature of Business and service maintaince we don’t offer any refunds, so all the sales made from City Server final.

Acceptable Usage Policy

A. Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts,Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg’s, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities,Flash Games or Online Gaming Sites,Movie’s,MP3 Songs,File hosting. No refunds will be given. But In our offshore hosting plans you can do anything.

B. We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers 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. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.

C. 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 terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.

D. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. No refunds will be given.

E. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. No refunds will be given.

F. 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.

Zero Tolerance Spam Policy

A. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. No refunds will be given.

B. Mailing Policy and Limits: Sending Bulk mails are not allowed on our server,Per Direct Admin account can send 50 Mails. If any accounts seems to be spamming it will be suspended with or without any notice (Only for shared,reseller,master reseller packages)

C. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. No limit to the number of outbound emails.

D. Mailing Lists Rules: Anytime you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you are using does not allow you to throttle you must switch to something else. . If you do not throttle and you try sending let’s say 60 emails the server will try sending all 60 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server. No refunds will be given.

E. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account. No refunds will be given.

F. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail. No refunds will be given.

* Backups and Data Loss Your use of the services rendered is at your sole risk. City Server 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 backups of files and data stored on City Server’s servers. Your server may or may not have automatic backups installed. Servers that have automatic backups are generally done on Sunday. Backups can be made through Direct Admin. The Daily/Weekly Backup we offer is just an complementary So kindly have a copy of your files for safty purpose.

* Cancellations and Refunds City Server has the rights to cancel any account at any time with or without notice. Any abuse of our Terms of Service / Acceptable Use Policy /Privacy Policy and/or staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation request in writing to the account services support department. Domain name purchases/renewals are non-refundable. All purchases from City Server are final. No refunds wll be given.

Resource Usage (Not allowed)

A. Customer (you) may not 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.
B. Any account is not allowed to use average system resources (CPU, RAM, MySQL) more than 2% in 24 hours cycle.
C. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
D. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
E. Run any software that interfaces with an IRC (Internet Relay Chat) network.
F. Run any bit torrent application, tracker, or client.
G. Participate in any file-sharing/peer-to-peer activities.
H. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc… (dedicated servers do not apply)
I. Run cron entries with intervals of less than 15 minutes.
J. 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”)
K. Media hosting (i.e. audio , video etc), Backup hosting, Adult content hosting , Online Forum etc are strictly prohibited.

Zero Tolerance Spam Policy

Our Transfers Team will make every effort to help you move your website to us, however, 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. 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 Transfers department to receive a price quote. In no event shall City Server be held liable for any lost or missing data or files resulting from a transfer to or from City Server. You are solely responsible for backing up your data in all circumstances.

Other Terms

1. Uptime The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. City Server cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to updates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (City Server and/or our vendors that provide equipement or services to us) control that interupts services at a facility.

2. Reseller Client Responsibility Reseller clients of City Server are responsible for supporting their clients. City Server does not provide support to our Resellers Clients. If a Resellers client contacts us, we reserve the right to place the client account on hold until the Reseller can assume their responsibility for their client. We reserve the right to charge said Reseller for services rendered to the Resellers 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. City Server will hold any reseller responsible for any of their clients actions that violate the law or City Server Terms of Service / Acceptable Use Policy / Privacy Policy.If any Reseller account involved in doing Resource abuse or Unacceptable content abuse’s City Server has rights to block the total Reseller since the accounts should maintain under the fair usage policy.Reseller’s are responsible for their clients how the accounts are being hosted.If we receive multiple abuse reports the total Reseller will be blocked and R150 Reactivation Fee should be paid to Reactivate the account.

3. Price Change The amount you pay for hosting will never increase from the date of purchase for the term of contract (if said contract exists and is validated by City Server. City Server reserves the right to change prices for services at any time. Furthermore, we reserve the right to change prices listed on City Server, and the right to change the amount of resources given to any plan at any time.

4. Disclaimer City Server shall not be responsible for any damages your business may suffer. City Server makes no warranties of any kind, expressed or implied for services we provide. City Server disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by City Server and its employees.

Disclosure to law enforcement City Server 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.

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Zero Tolerance Spam Policy

A. Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites .