Illegal content or activities
Not allowed!
Unsolicited emailing
Not a chance!
IRC usage (clients and servers)
Not permitted on our network
Peer-to-peer applications
Not permitted on our network
Proxy services
Not permitted on our network
Adult content
Fine as long it compiles with local regulations and copyright
We reserve the right to make decisions concerning our Acceptable Use policy on a case by case basis. For any further clarifications please contact us.
Introduction
6sync, a company owned by Life on Mars ltd (no. 1962912) and registered in Auckland, New Zealand, (“Company”) provides virtual servers subject to the following terms and services. Use of 6sync's services constitutes acceptance and agreement to the Acceptable Use Policy and Terms of Service. The purchaser (“Subscriber”) is fully responsible for all services provided to them from the Company and is liable for any charges as a result of misuse or failure to follow the specified policies.
Disclosure to Law Enforcement
The AUP prohibits the use of our service for illegal activity. Therefore, the Subscriber agrees that the Company may disclose any and all information to any law enforcement agency who makes a written request without further consent or notification to the Subscriber.
Service Rates
The Subscriber acknowledges and agrees that the nature of the service and charges have been communicated to them prior to their sign up and during their service. Subscriber is aware that the Company may prospectively change the specified rates and charges from time-to-time.
Payment
Establishment of this service is dependent upon receipt by the Company of all due charges. Subsequent payments are due on the anniversary date of the month for that month's service. Service will be interrupted on accounts that reach 3 days past due through suspension or termination. The Company 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. Accounts not paid by due date are subject to a $20.00 late fee. The Subscriber accepts that providing on time payment to the company is their responsibility, and agree that the Company is not liable for any damages caused by interruption or termination of Service. In the event that the Subscriber fails to provide payment by three days after the invoice due date, the Company may enlist the help of a third party collections agency and refer any due funds to them. The Subscriber agrees to pay any overdue fees including penalties and agrees to pay for any additional costs incurred by collecting the fees.
Request for cancellation
Requests for canceling accounts must be made in writing with at least 14 days notice and sent to sales@6sync.com. In order for cancellation to succeed, the Subscriber must have paid any outstanding invoices to the Company. The Customer acknowledges that cancellation will result in all data stored on the cancelled service(s) being permanently erased.
SPAM and Unsolicited Commercial Email (UCE)
6sync takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of the Subscriber may not use or permit others to use our network to transact in UCE. Customers of 6sync may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of the Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, 6sync may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy 6sync may, at its sole discretion, restrict, suspend or terminate customer's account. Further, 6sync reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 6sync will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00 per hour that 6sync personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
Refund and Disputes
The Company offers a 14-day refund guarantee period in the case that the Subscriber was not provided a satisfactory service as discussed between the Subscriber and the Company, and backed with evidence from the Subscriber that the Company failed to rectify the issues to an agreed reasonable level. Any additional software licenses acquired by the Company for the Subscriber are non-refundable. The Company reserves the right to decline a refund at their discretion.
Open or "Anonymous" Proxy
The Company does not permit use of Open or "Anonymous" proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.
Notification of Violation
6sync 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. First violation: Any User, which 6sync 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 6sync's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that 6sync 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. Customer accepts that the consequences of violations will be decided on a case-by-case basis, and are warned that violations considered to be severe by the Company may result in the termination of Service.
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.
Suspension of Service or Cancellation
The Company reserves the right to suspend network access to any customer if in the judgment of the 6sync network administrators the Subscriber'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 6sync chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. The Subscriber will not be credited for the time the customer's machines were suspended.
6sync reserves the right to amend its policies at any time. All resellers of 6sync 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.
Migration Assistance Policy
Every customer is granted one (1) transfer window of their choice as agreed by the Customer and the Company. This window may be rescheduled once providing at least thirty (30) minutes notice is provided before the transfer commences. Transfers may only occur from cPanel to cPanel installations or DirectAdmin to DirectAdmin installations - all other control panels/installations are not included. The Customer remains entirely responsible for ensuring that all the data transferred is not corrupted, and that all data is present. Should the customer wish to reschedule the transfer during or after the transfer window, a one off fee of $25 must be paid to cover additional hours.
Support Policy
6sync offers two types of support - unmanaged and managed. In both cases, the Company agrees to maintain the hardware, network and VPS node software itself. With the unmanaged option, the Customer is not eligible for any technical assistance pertaining to their Service unless 6sync has mistakenly set up their Container. With managed support, 6sync agrees to provide assistance with server migration, technical support and assistance with securing the Customer's server subject to this policy. The Customer accepts that 6sync cannot support every possible incident which may occur on their Server. Customer accepts that support provided by the Company is limited to helping them alone. 6sync reserves the right to decline providing assistance to a customer on a case by case basis, and will not provide any form of compensation if an issue pertaining to the Customer's service cannot be resolved. 6sync is under no obligation to provide the customer assistance with 3rd party applications. Support may only be provided on Servers with CentOS, Debian or Ubuntu systems, and will not provide assistance with Arch Linux or Gentoo systems. Should the Customer choose to purchase an Arch Linux or Gentoo system with the managed option, they will be inelegible for management. The Company is under no obligation to refund the Customer for an unused management service.
Indemnification
6sync wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies 6sync for any violation that results in loss to 6sync or the bringing of any claim against 6sync by any third-party. This means that if 6sync is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 6sync, plus all costs and attorney's fees.
Responsibility for Content
The Subscriber is solely responsible for the content stored on and served by your 6sync server.
Nature of service
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
For any further clarifications please contact us.
In the unlikely event that you aren't satisfied with your 6sync product, we offer a 14-day moneyback guarantee.
Please be aware that we reserve the right to deduct any package addon costs (e.g. control panels, software installers and other such expenses) from your refund once it has been approved, and refunds may only be granted if you provide a reason or evidence of shortcomings by 6sync.
For further clarification, please read our Terms and Conditions by clicking here.
