Support
Terms of Service
This page outlines our Terms of Service and is subject ot change at any time.
All clients need to accept these Terms as part of the signing up process.
Right to Terminate
We reserve the right to suspend/terminate client services immediately if:
- accounts are more than 30 days outstanding
- site content contains material classed as offensive under Australian Law
- clients engage in spamming activities
We will normally attempt to contact the Site Administrator using the contact details provided prior to taking such action.
No refunds are offered if a service is cancelled for any of the above reasons.
Free Traffic Plan
Each site is provisionally eligibile for this free traffic option upon activation. However,:
- Sites which we estimate are likely to generate large volumes of inbound traffic will not be allowed to continue under our free traffic plan. They need to subscribe to a different plan to cover their traffic.
- Existing sites which start generating unexpected significant inbound traffic may be asked to contribute to the excess at $0.15c/mb for inbound data.
Prohibited File Types
As part of our "free traffic plan", sites can not serve video or mpeg files, or other single files of large file size (eg software programs). Sites which serve such files will need to subscribe to a different plan which covers the additional inbound traffic they generate.
Anti-Spam Policy
We don't like spam - unsolicited email - and clients who pass commercial email lists through our service will be suspended. Opt-in email lists are acceptable.
Sites which involve the collection of email address for the purposes of sending unsolicited emails, or involve the receipt or collection of responses from bulk unsolicited email will be suspended.
Network/Server Uptime
Our server appliances are co-located in secure data centres in various locations around the world. Such facilities are monitored 24 hours a day, 7 days a week. Obviously, small glitches from time to time may interfere with the service, but the servers are an extremely reliable product so downtime is minimal. We will use all reasonable efforts to ensure the continuity and efficiency of the services requested, however we cannot provide any guarantees.
Cancellations/Refunds
A minimum of 30 days notice is required in the event of a cancellation of service. As a discount is provided for yearly hosting services, any cancellations/refunds on such services are calculated at the monthly pro-rata rate.
Site Content
The client is responsible for developing, installing and maintaining the content of their sites, and will provide their own authoring and FTP software to transfer the content to their site.
The content must relate solely to the client and its business and does not relate to any third parties, unless that third party has consented to its use.
The client confirms that their content does not infringe any third party intellectual property right and does not constitute an infringement or commission of an offence against the laws of the Commonwealth of Australia or a State or Territory, and does not contain material which is defamatory, pornographic, depicts acts of violence, sexual acts or which may perpetuate hatred against any person or group or have the likely effect of causing offence or harm.
The client cannot, without our permission, sell, resell or provide to third parties, any of the services provided by us.
Site content must not interfere with the normal operation and security of our server appliance and should not contain any defects, viruses or other code.
We do not normally review the content of sites to ensure that the client has complied with the above requirements.
Indemnification of Liability
You agree to indemnify us against any direct, indirect or consequential loss or damage which may arise in relation to the services provided to you.
If there is any claim by a third party against us arising directly or indirectly from a breach of the Client's obligations specified under "Site Content", you must indemnify us against all liability, loss, damage, cost and expense (including legal fees and expenses) which may arise directly or indirectly in respect of the claim.
Jurisdiction
This agreement is governed by the laws in force in New South Wales, Australia, and the parties submit to the non exclusive jurisdiction of courts of New South Wales.
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