Hosting4Aus
Terms & Conditions

This memorandum establishes operating principles and terms and conditions as they relate to the Clients use of the Internet and the connection/services provided by Hosting4Aus to the Client.

Acount Setup

The services provided for under this agreement shall begin on the creation date of your account and will remain in effect as long as your account is active. Once the client approves of and pays for any outstanding balances owed for work done, the work (design, scripts, databases, programming, etc.) becomes the property of the client.

Payment terms

The Client will be responsible for payment in advance of service provided. All accounts will be billed on a fixed monthly basis (beginning and ending the first and last days of the calendar month) or on one of the pre-paid plans. Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes.

All invoices are due and payable upon receipt. Failure to pay any amount due within ten (10) days of the due date shall constitute sufficient grounds for termination of service without notice. A $5 site re-activation fee will apply. Hosting4Aus reserves the right to change the rates and otherwise modify this notice upon thirty (30) days notice to you. Use of Hosting4Aus services after the effective date constitutes acceptance of the new terms and conditions/service agreement.

Terms & Conditions

Hosting4Aus Services are provided on an "as is" basis. These services are provided without warranty of any kind, expressed or implied, including programming services, database services, any software or material provided to the client, or any other type of service offered. In no event will Hosting4Aus be liable for any direct, indirect, incidental, or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by Hosting4Aus or by your own errors and/or omissions or by an act of God.

Hosting4Aus may only be used for lawful purposes. Transmission or storage of any material in violation of any Australian law or regulation is prohibited. This is included, but not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless Hosting4Aus, from any claims resulting from clients' use of the service. Any access to other networks or systems through Hosting4Aus must comply with the applicable rules of that service. Hosting4Aus specifically denies any responsibility for the accuracy or quality of information obtained though its services. Use of any information obtained via Hosting4Aus is at your own risk. Hosting4Aus will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of Hosting4Aus itself.

Hosting4Aus will not be responsible for service interruptions beyond its control; including but not limited to acts of nature, service interruptions by its providers, or modifications to the clients system by the client or a third party.

Hosting4Aus reserves the right to bring the system down at any time without notice for service or system upgrades. Clients will be notified by email at least one (1) week prior to any scheduled major service/upgrades.

These terms and conditions represent the entire agreement between you (the client) and Hosting4Aus. These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Victoria, Australia. Client consents and submits to the jurisdiction of any state or federal court located within Victoria, Australia. Client hereby waives any right to change venue. Any claims or causes of action arising out of or related to this agreement must be initiated within one (1) year after the claim or cause of action has arisen or be barred. Hosting4Aus will not monitor or regulate the content of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of a legal violation exists.

Each hosting plan has an agreed bandwidth limit of 10GB per month unless otherwise specified. Bandwidth is the amount of data transmitted to and from your account (E-mail, Shell, Website, FTP).

Bandwidth is allocated on a per monthly basis

Hosting4Aus defines one gigabyte (GB) as 1000 megabytes.

Hosting4Aus reserves the right to discontinue all or any part of the provided service at any time for any reason.

Security and backup

The Client is responsible for implementing sufficient procedures and checkpoints to satisfy its requirements for accuracy and security of data and access codes. Although Hosting4Aus routinely backs up it's clients data, the client is also responsible for maintaining a means external to Hosting4Aus for archiving any data critical to the client. The Client is required to protect the security of his or her service account and usage. The client's password should be treated as private and confidential and not disclosed to or shared with any third parties.

Confidential information

The Client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by Hosting4Aus for access to its systems. Sharing of names/accounts is expressly forbidden. If a client believes their user name or password has been compromised, immediate email or written notification must be provided to Hosting4Aus. Client will be held responsible for all acts/communications initiated or authorized by its user name.

Responsibility and Respect

The Internet is a network intended for use by users that act in a mature manner. The Client recognizes this principle and undertakes at all times to act with respect, courtesy and responsible, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities.

Improper Uses

The Client will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

Compliance with Laws

The Client will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

Validation of Information

The Client is responsible for validating the integrity of the information and data he or she receives or transmits over the Internet.

Discretion and Judgment

The Client is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

Net abuse

Including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by Hosting4Aus, trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Hosting4Aus reserves the right to determine what constitutes net abuse.

Furthermore, repeated offenders having been warned of unauthorized service usage may be subject to a $51000.00 fee per incident covering the additional activity needed to be performed by Hosting4Aus with regards to said unauthorized service usage.

Excessive CPU usages

Clients using excessive amounts of CPU processing on any of our servers will be assessed accordingly or face immediate suspension.

Service Cancellation

Although we regret to see our customers cancel service, we do understand that there are circumstances that may arise. Service is billed in advance and is non refundable, either in whole or part. In order to cancel service, you must inform us before your next billing due date by emailing to sales@hosting4aus.com. Be sure to include your name, company name, the service you wish to cancel and your account "log-in" user name for verification purposes, sign and date.

Once you have informed us of your cancellation, services will be deactivated immediately. Once the account has been deactivated we will be unable to restore prior data or settings.

More Information

For more information, please email sales@hosting4aus.com for more information.

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