General Terms and Conditions updated as of 5th May 2016
Foster Global Telecommunications S.L. Trading as Y-Internet.com
Definitions
“Agreement” means these general terms and conditions, together with any specific terms and conditions associated with each order for Service from Y-Internet.com.
“Service” means access to and use of Y-Internet.coms network, computer resources, and data storage facilities, and third party facilities, including communication equipment, computer resources and stored data.
Provision of Service
Y-Internet.com will supply the Service to the Customer in accordance with the terms of this Agreement, to the best of its ability using what it considers to be the most appropriate means available from time to time.
The service provided is only for the address where either any equipment is initially installed or from where the service is originally accessed, as stated by the address provided on the signed contract. Y-Internet accepts no responsibility if at any time whilst the contract is in force the customer changes address and can no longer access the service or if the level of service changes. Consequently if the customer moves during the contract being in existence, the period of any outstanding contract has to be paid in full even if the client can no longer access the service due to the move from the original place of access.
Service availability
While Y-Internet.com will endeavour to make its services and products available 24 hours a day, seven days a week, with an uptime target of 95%, except for network maintenance and electrical or other problems outside our control. Y-Internet.com does not guarantee that the Customer will gain access to the service at any particular time.
Customer Responsibility and Acceptable Use Policy
The Customer must retain a backup of data or software to maintain or replace any Customer data stored on Y-Internet.com’s data storage facilities.
The Customer will not reveal to others their account user name or access password, nor assign, transfer or delegate the Customer’s responsibilities and obligations to any other person. The Customer is responsible for any charges incurred though access gained by the production of its account access password.
The Customer agrees to use the Service for legal purposes only and the transfer or storage of any material through the Service that breaches any law or regulation is strictly prohibited. This includes but is not limited to, data, material and information that is protected by copyright, or that is obscene, slanderous, discriminatory, threatening or in breach of any law or regulation.
The Customer must also comply with Y-Internet.com’s Acceptable User Policy as detailed below.
The Customer is liable for any fines, fees or damages charged to Y-Internet.com or any other party because of the Customer’s actions.
Service Fees
All accounts are payable in advance, and Y-Internet.com may charge the Customer interest on any overdue amounts at the rate of 8% each month on the outstanding balance.
If payment is refused from your bank account for any reason, the account must be paid in cash or by credit card at our offices within 24 hours of notification or an attempt to notify you of any such none payment. If the account is not paid, your account will be suspended.
Failure to pay outstanding fees within 14 days of a payment due date or the balance is still outstanding after 14 days when a payment is returned or cancelled, legal action will be taken. All subsequent costs including legal expenses incurred by Y-Internet.com / Foster Global Telecommunications S.L. in obtaining any payments dues will be payable by the offending client.
Returned direct debit payments will incur a charge of €25, this amount has to be paid in addition to any outstanding amounts before any services can be restored or continue.
Money Back Guarantee Policy
Where a Customer has been offered a full or partial money back guarantee, a refund will only be provided on hardware if it is returned in a resalable condition, including all associated parts that came with the original unit. If any parts are missing or damaged, a re-stocking fee will apply or a refund may be refused in full at the discretion of Y-Internet.com. Any connection fee paid will only be refunded where, in Y-Internet.coms reasonable opinion, the Customer has not had the substantial benefit of the Service up until the time of return.
Equipment Failure
Hardware warranty of equipment after 14 days on installation or purchase is with the manufacturer not Y-Internet. We can offer a Return to the Manufacturer process for the customer at a cost, this being 100 Euros per item. Please contact us for further information. If a replacement product is required, these can be purchased from Y-Internet. Please contact our offices for replacement prices.
After the first 14 days from the purchase of any hardware / installation it is the clients responsibility to contact the corresponding manufacturer of the hardware to undertake any action as applicable including any warranty work.
Exclusion of Liability
Y-Internet.com accepts no liability for loss resulting from use of the Service unless that liability cannot be excluded by law – in which case, Y-Internet.com limits its liability to re-supply or replacement of the goods or services.
Variations of the Agreement
Y-Internet.com may vary these terms and conditions (including pricing and any other terms) at any time.
If Y-Internet.com varies these terms after the Customer has been given access to the Service, and the Customer is materially worse off, Y-Internet.com will give the Customer 30 days notice of that change (unless any change is required by law or necessary to prevent fraud or for security/technical reasons, in which case Y-Internet.com will give the Customer as much warning as it reasonably can). It is deemed that notice has been given in full should a client access our services at any time after the Terms and Condition change.
Termination
Either party may terminate this agreement at the end of any contracted period, or – if there is no contracted period, at any time by giving thirty days notice. The relevant service costs will be incurred and are therefore due during the notice period, and must be paid for in full.
If the Customer has committed to a fixed term contract and wishes to terminate the contract before the end of the term, a cancellation fee applies – being the monthly fee for the Service, multiplied by the number of months remaining in the contract term in addition to any fess due during the notice period.
If, in Y-Internet.coms reasonable opinion, the Customer breaches the terms of this agreement, Y-Internet.com may terminate the Customer’s access without notice and without any credit or refund.
FAIR USER POLICY
Foster Global Telecommunications S.L. trading as Y-Internet.com provides businesses and consumers with a variety of information technology-related products and services, including fixed and wireless internet access, web hosting, VPN telecommunications and connectivity services.
This Acceptable User Policy defines the circumstances and the terms and conditions upon which customers may use Y-Internet.com services, with a view to ensuring the integrity, security, reliability and privacy of the Y-Internet.com network, systems, products and services.
Introduction
In summary, the intention of the Y-Internet.com´s acceptable user policy is to ensure that our customers receive an excellent service where they operate within the limits of their agreements with Y-Internet.com, and within the law and good Internet practice.
Customers must act responsibly in their use of resources on Y-Internet.com´s networks and services however delivered or provided.
If customers go outside those limits, they may directly impact users across the network or services provided by Y-Internet.com, as well as Y-Internet.coms ability to economically provide a service to all other customers.
Generally speaking, customers will be restricted in what they can do if they are outside their limits (for example, once you exceed your agreed data limits relating to down and upload speeds or total data usage) the service provided will be substantially restricted or suspended until Y-Internet.com believe that by continuing to supply the client with a service, the client will not have an adverse impact on Y-Internet.coms business or services, or on other clients using the services and products of Y-Internet.com.
Y-Internet.com DO NOT ALLOW or accept responsibility for any third party IPTV service used by an end user. Any use of a third party IPTV service would result in a level of data usage that far exceeds the Fair User Policy Data Limits agreed to within the contract between the end user and Y-Internet.com, and would be outside the Y-Internet.com Terms and Conditions.
WiFI or WiMax Services purchased via PayPal or PAYG methods have a data usage Fair User Policy of 2 GB per every 24 hour period purchased. EG 7 days purchased has a Fair User Policy of 14 GB during the 7 day period. The speed plan for surfing periods purchased via PayPal or PAYG is up to 1Mb down and .25Mb up, these speeds are not sufficient for streaming IPTV services.
Orange 4G Data Services have a Fair User Policy of 120 Gigs per month and should be used for viewing video or TV content. Data usage beyond this level can and may result in the access speeds being reduced to protect other users of these services, and in certain circumstances can result in the service being suspended or terminated.
Customers may be removed from the network or service provision (temporarily, or permanently if appropriate) if they have a significant effect on the network or services such as illegal activity or substantially use more than the agreed plan usage quotas. For example.
Many peer to peer programs (such as file sharing programs), and other network intensive applications, will continue to send and receive files across the network even without active customer intervention. Y-Internet.com strongly recommends against the use of such programs on an uncontrolled basis (that is, without specific awareness of the volume of data being transmitted and received). It is quite possible that customers will substantially exceed their agreed plan caps with such a program running, and then be removed from the network until the following period.
For the purposes of this document, a customer is any person or entity that purchases, uses or receives a service or product from Y-Internet.com. Every customer must comply with this policy.
Traffic Shaping
For customers who exceed the Fair User Data Limits / data usage caps, the cap amount is the total data usage over the agreed period, for residential and business clients this is generally one month.
If a customer exceeds their data usage cap, Y-Internet.com or third party providers of any such services such as 4G services, will shape the customers connection to zero or 56 k for the remainder of the month.
Shaping of the speeds for our Wi-Fi / Wimax / 4G services will be undertaken without warning as it is the end users responsibility to ensure they operate within their data limits.
Furthermore, if Wi-Fi / Wimax customers usage exceeds a further 50% of their data usage cap or 1000MB (whichever is the smaller), Y-Internet.com may shape much more aggressively the speed of their Internet connection (again reducing the effective data speed), or terminate the connection for the remainder of the current month / year whichever is applicable.
If the customers usage does not substantially reduce at that time, Y-Internet.com may consider the continued usage as an unfair and inappropriate use of resources, and suspend or terminate access to the relevant service.
Prohibited Activities
The following activities are violations of this policy, an abuse of the Y-Internet.com network and are prohibited:
- Illegal Use, Threats and Harassment: Using the service to transmit any material that, intentionally or unintentionally:
a) violates any applicable local, state, national or international law, or any applicable rules or regulations;
b) threatens or encourages bodily harm or destruction of property; or
c) harasses another. - Fraudulent Activity: Using the service to make fraudulent offers to sell or buy products, items or services or to advise any type of financial scam such as a “pyramid scheme”, and chain letters.
- Spam: Sending unsolicited commercials, messages or communications or unsolicited bulk email in any form or any activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature.
- Forgery or Impersonation: Adding, removing or modifying any identifying information (including any network header information) in an effort to deceive or mislead or attempting to impersonate any person by using forged headers or other identifying information.
- Unfair and inappropriate use of resources: Using unreasonably excessive resources on Y-Internet.coms network or services, or otherwise degrading or interfering with any other customer’s use of a service or adversely affect the integrity, security or service levels of the Y-Internet.com network and third party services and products. Included within this is the Watching and Steaming of TV, downloading of TV on demand etc unless access to these services are specifically and actually provided by Y-Internet.com within your service plan, and are specifically included and paid for by you within the services contracted from and provided by Y-Internet.com. However any usage of data beyond the Fair User Policy can have the data connection speeds or access to the service restricted without notice.
- General: Engaging in any activity that:
- a) threatens the integrity or security of any network or computer system (including transmission of worms, viruses and other malicious code and accessing any device or data without proper authorisation);
- b) attempts to use the service in a manner so as to avoid incurring charges which would otherwise be applicable;
- c) violates generally accepted standards of Internet or other network conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning and unauthorised system penetrations.
- d) running a business via the use of our supplied services
- e) running servers, webs sites or hosting email services whilst connected via a residential agreement.
If Y-Internet.com becomes aware of or suspects any prohibited activity, it may:
- suspend or terminate a customer’s service at any time;
- deny traffic for the purpose of preserving Y-Internet.coms (or the customer’s) system and network resources;
iii. where feasible, implement technical mechanisms to prevent a prohibited activity;
- charge the customer the administrative costs associated with the prohibited activities of the customer including recovery of the costs of identifying offenders and removing them from or discontinuing their service;
- remove any materials that, in Y-Internet.coms sole discretion may be illegal, may subject Y-Internet.com to liability or that may violate this policy;
- co-operate with legal authorities or third parties in the investigation of any suspected or alleged crime, civil wrong or prohibited activity.
A client that knowingly allows and believes they are enabling a third party access to Y-Internet.com services is strictly prohibited. The provision of services to a client is under the clear understanding that these are provided for the sole use of the paying client. Any attempt by a client to aid and abet the use of services of Y-Internet.com by anybody other than people who reside within the abode to where the service is initially provided is deemed illegal. Y-Internet.com / Foster Global Telecommunications will take all the necessary legal action required to obtain substantial damages where any such activity is undertaken or is knowingly allowed to happen.
Privacy
Y-Internet.com does not monitor or judge the content of information transmitted using any service, but will investigate complaints of possible inappropriate use.
In the course of any investigation Y-Internet.com will use its reasonable endeavours to safeguard the privacy of all parties and will follow the guidelines given in this policy and in Y-Internet.coms privacy policy. However, where required to do so, Y-Internet.com may disclose a customer’s account details or activity logs or other information relevant to the customer’s services.
General
Customers are responsible for protecting any access codes or other security measures for use of or access to a service.
Customers must not use or permit anyone to use the Y-Internet.com network or service to guess passwords or access other systems or networks without prior written authorization of a Y-Internet.com senior manager.
Customers must comply with any security requirements that Y-Internet.com may notify from time to time.
Y-Internet.com may limit the usage of specific traffic types, such as Peer-to-Peer traffic from time to time, to ensure the efficiency of the overall network.
Y-Internet.com may change this policy from time to time, without prior notice. Any changes to this policy will be posted on the Y-Internet.com website and can also be accessed via our login screens.