1. PURPOSE
AAU hereby sells the service to the User on the terms and conditions herein contained which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted.

2. INTERPRETATION
In these terms and conditions:
2.1 "the User" means the party who has purchased the service and/or any person using the service;
2.2 "the service" means the Internet service described herein provided by AAU to the User in terms of the terms and conditions herein contained;
2.3 "AAU" means AllAboutUptime.net or Nathan West, proprietor

3. PROVISION OF SERVICE
3.1 The User shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the User to obtain and retain access to the required service(s).
3.2 The User shall be liable for all telephone call charges and other third party costs incidental thereto. 

4. AVAILABILITY OF SERVICE
4.1 AAU shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100 % (one hundred percent) uptime. AAU is, however, unable to guarantee this uptime.
4.2 AAU shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period of time.
4.3 AAU shall not be responsible for the performance of external communications networks to which the service is connected, and which networks include the networks of Internet Service Providers other than itself. 
4.4 The User accordingly indemnifies AAU against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of AAU being unable to make its service available to the User under the circumstances described in this clause. 
4.5 AAU will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.

5. PAYMENT
AAU shall bill the User in advance for the period 25th of the month to the 24th of the following month. AAU will only issue invoices on request by the User. The User pays to AAU such charges as levied by AAU from time to time as follows:
5.1 Monthly Subscriptions:
The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the User to AAU, including a pro-rata charge for the first months billing. Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by AAU. This amount is non-refundable.
5.2 Annual Subscriptions:
The charge for a subscription to the Service on an annual basis is payable in full in advance by the User to AAU. This amount is non-refundable. Annual subscriptions will be renewed automatically where the User has supplied banking details unless AAU is notified differently.
5.3 Usage fees, where applicable, shall be billed in arrears. Without prejudice to rights granted to AAU in terms    hereof, any amount due by the User to AAU not paid in due date thereof:
5.3.1 AAU shall be entitled to take all such steps, without notice to the User, as may be necessary to recover such outstanding amount. The User shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
5.4 AAU reserves the right to levy a charge for handling fees at an amount determined by AAU for monies due in the event of a User's payment being returned or rejected by the Users bankers. AAU furthermore reserves the right to blacklist with any or all credit bureau agencies, any such User who fails to comply with the payment agreement for subscription to the Service. In addition, AAU will not be held responsible or be required to assist with the removing or rescinding of any such information that may be recorded by a credit bureau agency.
5.5 AAU reserves the right to amend Service subscription charges at its sole discretion. AAU shall give the User 30 (thirty) days notice of any such amendment and the User shall be bound to such adjustments.

6. INTERRUPTION AND SUSPENSION OF SERVICE 
AAU may from time to time and without notice, interrupt and / or suspend a User from the Service in any of the following circumstances:
6.1 During any technical failure, modification or maintenance of the Service, provided that AAU will use its reasonable endeavours to resume the Service as soon as possible;
6.2 Should the User fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in AAU's opinion may have negatively affected the operation of the Service.
6.3 If the User fails to make the required payment of such monies due to AAU for subscription to the Service, and or in the event of a User being in arrears on either monthly or annual payments, with no attempt from the User to resolve such arrears.
6.4 AAU reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of AAU, payable by the User, for any request to be re-connected to the Service, and irrespective of how the Service was suspended or disconnected.
6.5 Notwithstanding any suspension of the Service in terms hereof, the User shall remain liable for all charges due throughout the period of suspension unless AAU in its sole discretion determines otherwise in writing.

7. COMMENCEMENT, DURATION AND TERMINATION OF SERVICE 
This agreement shall, save as expressly indicated to the contrary in any specific product application form, commence upon acceptance of the application by AAU and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one month's written notice to the other to that effect.

8. REGULATORY COMPLIANCE
The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be effected to these terms and conditions and hereby consents to AAU effecting such amendments without prior notice.

9. INDEMNITY
The User hereby indemnifies and holds AAU, its employees, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.

10. CESSION AND DELEGATION OR ASSIGNMENT
AAU shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its rights and obligations under these terms and conditions. The User shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of AAU. In the event of any change in controlling interest in the User, AAU shall be entitled to terminate this agreement on notice to the User. The User shall notify AAU of any change in its controlling interest within fourteen days of such change.

11. GENERAL
11.1 The User acknowledges and agrees that these terms and conditions govern the Users use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
11.2 No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee. 
11.3 Telephonic technical support is available from AAU between 09h00 and 22h00. The User will bear the cost of telephone calls.
11.4 These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.AllAboutUptime.net/AAU_TOS.txt and unless otherwise notified, AAU shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected.

12. ACCEPTABLE USAGE POLICY
In addition to the above Terms and Conditions, the following Acceptance Usage Policy (UAP) will apply. This Acceptable Use Policy specifies the actions prohibited to Users of the network and systems ("infrastructure") of AAU, and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception. In this document reference to AAU also includes its network provider.

12.1 LAWS AND REGULATIONS
12.1.1 AAU's infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of the United States, nor of the Users' country of residence.
12.1.2 Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

12.2 THE NETWORK
12.2.1 The User acknowledges that AAU is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, AAU is not responsible for the content of any messages or other information transmitted over its infrastructure.
12.2.2 AAU's infrastructure may be used to link into other networks worldwide and the User agrees to conform to the acceptable use policies of these networks.
12.2.3 The User may obtain and download any materials marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted materials unless the owner of the materials grants permission for such distribution to the user.
12.2.4 The User is prohibited from obtaining and/or disseminating on-line any unlawful materials, including but not limited to stolen intellectual property, pornography, child pornography, and/or any unlawful hate-speech materials.

12.3 SYSTEM AND NETWORK SECURITY
12.3.1 All references to systems and networks under this section include the Internet (and all those systems and/or networks to which the User is granted access through AAU) and include but is not limited, to the infrastructure of AAU itself.
12.3.2 The User may not circumvent User authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
12.3.3 Violations of system or network security by the User are prohibited, and may result in civil or criminal liability. AAU will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
12.3.3.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of AAU.
12.3.3.2 Unauthorised monitoring of data or traffic on the network or systems without express authorisation of AAU.
12.3.3.3 Interference with service to any User, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
12.3.3.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

12.4 E-MAIL USE
12.4.1 It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and AAU can often result in disruption of service to other Users connected to AAU.
12.4.2 Maintaining of mailing lists by Users of AAU is accepted only with the permission and approval of the list members, and at the members' sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
12.4.3 Users may not forward or propagate chain letters nor malicious e-mail.
12.4.4 Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Users' mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
12.4.5 AAU reserves the right to examine Users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the User. AAU also reserves the right to examine the mail servers of any Users using AAU mail servers for "smarthosting" (when the user relays its mail off a AAU mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with AAU's policy of preserving User privacy.

12.5 USENET NEWS
12.5.1 Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions, news.announce.newusers, news.answers
12.5.2 Excessive cross posting (i.e., posting the same article to a large numbers of newsgroups) is forbidden.
12.5.3 Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.
12.5.4 Posting binaries to a non-binary newsgroup is forbidden.
12.5.5 AAU reserves the right to delete and/or cancel posts that violate the above conditions.

12.6 COMPLAINTS
Upon receipt of a complaint, or having become aware of an incident, AAU reserves the right to:
12.6.1 Inform the User's network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
12.6.2 In the case of individual Users suspend the User's account and withdraw the User's network access privileges completely. 
12.6.3 Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident. 
12.6.4 In severe cases suspend access of the User's entire network until abuse can be prevented by appropriate means.
12.6.5 Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the Users' details to law enforcement agencies. 

All cases of violation of the above Acceptable Use Policy should be reported to aup@AllAboutUptime.net