Terms of Service (TOS)

Terms of Service

    The usage of the words: "we", "our", "us", "Obtrix", and "company" refer to Obtrix.net ("Obtrix"). The usage of the words: "you", "user", "users", "customer", "your", and "subscriber" refer to the customer of Obtrix.net ("Obtrix").

    OBTRIX.NET ("OBTRIX") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

    Use of OBTRIX Service constitutes acceptance and agreement to OBTRIX's AUP as well as OBTRIX's TOS (Terms of Service).

    All provisions of this contract are subject to the TOS (Terms of Service) of OBTRIX and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

  1. Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that OBTRIX 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 OBTRIX shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that OBTRIX may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon OBTRIX achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment: Establishment of this service is dependent upon receipt by OBTRIX of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that OBTRIX automatically charges subscriber’s credit card every month. OBTRIX 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.
    Credit Card charges will appear on your statement as OBTRIX
    All charges will be made in NZD

  4. Payments and Fees: Service will be interrupted on accounts that reach 2 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by OBTRIX may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay OBTRIX a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Colocation servers that are terminated for non payment will be considered abandoned and forfeited after 30 days.

  5. Refund and Disputes: All payments to OBTRIX are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a transaction made to Obtrix that, in OBTRIX's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay OBTRIX an "Administrative Fee" of not less than $50 and not more than $150. Any active service with OBTRIX will also be subject to immediate termination without a refund of any sort.

  6. Failure to Pay: OBTRIX may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  7. Account Cancellation: All requests for canceling accounts must be made via email to [email protected] with at least 2 days. You must have all account information to cancel.

  8. Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall OBTRIX be liable for any special or consequential damages, loss or injury.

  9. Datacenter public access: Public access to OBTRIX datacenter is allowed to existing clients only and to individuals who are on a colocation contact. All visits must be scheduled at least 24 hours prior to the visit. Local clients who need emergency access to their server have to contact our tech support and announce their arrival at least 15 minutes prior to the visit. Existing clients who wish to access the datacenter agree to pay any related charges such as security pass, property pass or assistance of our employees. Existing client agrees to submit their photo ID for our records prior to initial visit of our datacenter.

  10. Support Boundaries: OBTRIX, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged; OBTRIX only ensures that the server is online and is remotely accessible. OBTRIX does not offer tech support for application specific issues such as cgi programming, html or any other such issue. OBTRIX does not provide technical support for YOUR customers.

  11. Delivery: Provisioning for new orders will vary based on platform. Seedboxes will be setup within 5 minutes, while other services range from 30 minutes to 48 hours. Delivery times do not start until and unless full payment is made. If you have questions on an ETA, please contact us.

  12. Network
    a) IP Address Ownership: If OBTRIX assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to OBTRIX, and Customer shall have no right to use that Internet Protocol address except as permitted by OBTRIX in its sole discretion in connection with the Services, during the term of this Agreement. OBTRIX shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by OBTRIX, and OBTRIX 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. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame OBTRIX reserves the right to retract IPs that are not being utilized without notifying the client

    b) Bandwidth Usage. OBTRIX will monitor Customer's bandwidth. OBTRIX shall have the right to take corrective action if Customer's usage negatively impacts other clients.

    c) Second Violation: Users that OBTRIX 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.

    c) System and Network Security: Users are prohibited from violating or attempting to violate the security of the OBTRIX Network. Violations of system or network security may result in civil or criminal liability. OBTRIX 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.

  13. Notification of Violation
    a) OBTRIX 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.

    b) First violation: Any User, which OBTRIX 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 OBTRIX's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    c) Second Violation: Users that OBTRIX 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.

    d) 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.

  14. Suspension of Service or Cancellation: OBTRIX reserves the right to suspend network access to any customer if in the judgment of the OBTRIX network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which OBTRIX chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Customers of colocation servers must make arrangements for the server to be picked up and removed from OBTRIX facilities. The server will be considered abandoned and forfeited after 30 days.

  15. TOS Changes: OBTRIX reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of OBTRIX must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

  16. Indemnification: OBTRIX wishes to emphasize that in agreeing to the OBTRIX Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies OBTRIX for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to OBTRIX or the bringing of any claim against OBTRIX by any third-party. This means that if OBTRIX is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against OBTRIX, plus all costs and attorney's fees.

    17a. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the OBTRIX shall not be liable for any damages arising from such loss of service for any reason. In no event shall OBTRIX be liable for any special or consequential damages, loss or injury.

    17b. Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold OBTRIX liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.

  17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    a) A waiver by OBTRIX of any breach of any provision of this Agreement by 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.

    b) Subscriber shall not transfer or assign this Agreement without the prior written consent of OBTRIX. OBTRIX may assign Agreement at anytime without consent from or notice to Subscriber. OBTRIX reserves right to cancel customers rights under this contract at anytime without further obligation.

    c) OBTRIX takes no responsibility for any material input by others and not posted to our by OBTRIX. OBTRIX is not responsible for the content of any other websites linked to the OBTRIX Network; links are provided as Internet navigation tools only. OBTRIX disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    d) OBTRIX is not responsible for any damages your business may suffer. OBTRIX does not make implied or written warranties for any of our services. OBTRIX 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 OBTRIX.

  18. Responsibility for Content: You, as OBTRIX's customer, are solely responsible for the content stored on and served by your OBTRIX server.