Terms of Service

INOS Marketing (from now on refer to as INOS) agrees to furnish services to the Customer subject to the following TOS (Terms of Service). Use of INOS Marketing Services constitutes acceptance and agreement to this Terms of Service as following.

This TOS may be changed from time to time at the discretion of the INOS. Customer understands that changes to the TOS by INOS shall not be grounds for early contract termination or non-payment by the Customer.

Customer has reviewed this TOS and Customer hereby agree by making use of the INOS service.

0. Compliance with the Law

Customers usage of products and/or services provided by INOS must be compliance with the Law in their usage and conduct. Unacceptable uses include, but not limited to:

Illegality in any form, including but not limited to activities such as nauthorized distribution or copying of copyrighted software, harassment, fraud, child pornography, drug dealing, and other illegal activities.

Interpretation

INOS reserves the right to be the sole arbiters as what constitues a violation of this usage provision. All such determination shall be made reasonably in good faith based on applicable law, regulations and the accepted norms of the Internet community. INOS reservers the right at all times to prohibit any activities that damage its commercial reputation and goodwill.

1. Term

Ongoing until 7 days written notice is given by either of the parties.

2. Service Cancellation

  1. Service may be cancelled at any time by contacting us at
    http://www.inos.com.au/contact-us.html
  2. All 6 months and annual plans can be cancelled at any time. The refund amount will be based on monthly subscription term, pro rata for the reminder of the subscribed period.

3. Fees

  1. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 5% will be charged on any overdue invoices. All services will be suspended after 14 days pas the due date.
  2. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account.
  3. If the Subscriber has not fulfilled its dues to INOS, the Service will be terminated after 30 days of the initial suspension date.

4. Adherence to Acceptable Use Policy (AUP)

A. Customer Security Obligation

  1. The Customer is solely responsible for any breaches of security affecting the applications or servers under Customer control. Each Customer must use reasonable care to protect the scripts, applications, servers or network attached or hosted by INOS infrastructure from security compromise by outside sources.
  2. INOS is not responsible for Customer application/server level security unless a security administration package is contracted for.
  3. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's application or server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $550 AUD per hour.

B. System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. INOS investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

  1. Introduction of malicious programs into the network or server such as viruses, worms, Trojan Horses and other executables intended to inflict harm.
  2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  3. Executing any form of network activity that will intercept data not intended for the Customer.
  4. Circumventing user authentication or security of any host, network or account.
  5. Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).
  6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
  7. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be suspended/disconnected immediately. No service credits will be issued to Customers suspended/disconnected for network violations.

C. Misuse of System Resources

  1. It is a violation for anyone to post information or to include programs on the shared hosting service provided through the INOS services which consume excessive bandwidth or CPU time. Background processes, including, but not limited to: ircbot, bnc, proxy, email sender, daemons, are strictly prohibited.
  2. Each Customer is expected execute reasonable Internet etiquette (Netiquette). The Customer will comply with the rules appropriate to any network to which INOS may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against INOS by offended users. INOS reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

D. Email usage and policy

  1. Email Usage: Our email facilities are for used directly with the Customer domain for staffs and family members. The facility is not suitable for providing to general public, for example provide emails service like Hotmail, with fees or no fees.
  2. Mass Emails: INOS has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of INOS services whether or not the message actually originated from our network.
  3. Mailing List: INOS's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
  4. If your actions have caused INOS mail servers or INOS's IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $1100 charge to your account and $550 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

5. Ownership of Data, Software, Hardware and IP addresses:

  1. All software, hardware and IP addresses provided by INOS are leased to Customer and remain the property of INOS and/or its suppliers. INOS reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
  2. Customer agrees to remove all uploaded software, data and content prior to the termination date of the contract. INOS will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels

  1. INOS may interrupt service to perform maintenance. INOA will use its best efforts to inform Customer before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, INOS will provide its best efforts to repair the system as quickly as possible.
  2. In the event that INOS suspects that server security has been breached, INOS reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Customer.
  3. Customer agrees that INOS shall not be responsible for any service interruptions.

7. Consequences of violation of Terms of Service

  1. When INOS becomes aware of an alleged violation of its Terms of Service, INOS will initiate an investigation. During the investigation INOS may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, INOS may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, INOS will notify the appropriate law enforcement department of such violation.
  2. INOS does not issue service credits for any outages incurred through service disablement resulting from Terms of Service violations.

8. Reporting Abuse

Any party seeking to report any violations of INOS policy please contact us here.

9. Limitation of Liability, Indemnification

  1. The parties acknowledge and agree that INOS shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Customer, Customer's customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
  2. INOS is not responsible for data or content maintained and distributed by INOS facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. INOS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Revision 20th November 2009