Australian Web Hosting - Terms of Service

Australian Web Hosting - Terms of Service image
Australian Web Hosting - Terms of Service image
Australian Web Hosting - Terms of Service image

Australian Web Hosting - Terms of Service

Australian Web Hosting - Terms of Service logo






TERMS of SERVICE

The following TERMS OF SERVICE detail the conditions for services provided by Australia-Host.com. This document constitutes a binding agreement between Australia-Host.com and the user of the services provided. These terms must be accepted by the user prior to the provision of the Services ordered through submission of the registration form. By ordering the services, you agree to be bound by the terms and conditions stipulated below without modification.

Fees and Payment

Hosting Fees

We do not charge Set Up fees.
Hosting fees (paid annually) shall be forwarded prior to commencement of services.
Hosting fees are non-refundable after 30 days.

The hosting fee entitles you to one year of hosting. There shall be no additional costs to the customer for a period of one year after commencement of service. All accounts expire after one year and accounts will be charged the same fee for an additional year of hosting. We will email you when your hosting fee is due - we do not automatically charge your credit card at any time.

DESIGN WORK FEES Fees

Payment payment for all website design work is due at the end of the month that the work is completed. Payment needs to be made within 7 days after the 1st day of the month following the completion of the design work. If the account remains unpaid, clients will be reminded by email three additional times over the following 21 days, prior to the account being passed to our debt collection services. Failing collection by them, the debt is then passed to our lawyers for appropriate legal action.

Term and Termination

1. When you sign up for the services provided by Australia-Host this agreement shall become applicable and effective.

2. Australia-Host reserves the right to terminate this agreement and the customer's site due to any breach of the provisions stipulated herein. The decision to terminate an account shall be left to the sole discretion of Australia-Host and Australia-Host shall not be compelled to give reasons for any actions taken in this respect. Australia-Host shall have no obligation to refund any fees that are clearly stated to be non-refundable. We reserve the right to delete any site deemed unacceptable for any reason without prior notice.

3. The customer may terminate the services at any time by contacting Australia-Host.com via email. There shall be no refund of fees after the 30 day money back guarantee period.

4. Members will be responsible for their own web site development, operation and maintenance.

5. Members will be solely responsible for all products, contents and materials appearing online or on their web site.

6. Members will be responsible for the accuracy and appropriateness of content and materials appearing on their web site.

7. Members will be responsible for ensuring that the content and materials appearing on their pages do not violate or infringe upon the rights of any third parties.

8. Members will be responsible for ensuring that the content and materials appearing on their pages are not libelous or otherwise illegal.

9. Members will be responsible for the final calculation and application of shipping and sales tax and for accepting, processing, filling and shipping any customer orders or any other e-commerce transactions that they may be engaging in.

10. Members will be responsible for the security of any customer credit card numbers and related customer information that are obtained or accessed as a result of conducting electronic commerce via their Site and to keep all such information confidential and to exercise the same degree of care and security standard in the industry.

Bandwidth and Disk Space

You must agree that Disk Space usage shall not exceed the number of megabytes per month for the services ordered by you through the registration. This usage is monitored and measured by Australia-Host. Any Disk Space usage in excess of the agreed upon number of megabytes per month may result in corrective action by Australia-Host, in its sole discretion including additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement. In the event that Australia-Host elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action. Any or all action by us will only be taken after we notify you by email.

Amendments

Australia-Host reserves the right to amend the service offerings and add, delete, suspend or modify the terms and conditions of the services set forth in this Agreement at any time, and to determine whether and when, at its sole discretion, any such changes apply to both existing or future members.

Content

This service is provided for both Business and Private users. Australia-Host is not responsible for the content of any web page hosted by Australia-Host.com. The opinions and views expressed in Australia-Host.com hosted pages do not necessarily reflect those of Australia-Host. The contents of the web pages hosted on Australia-Host.com are not reviewed in any way before they appear on the web page. As the author of web pages hosted by Australia-Host.com, you take full responsibility for their contents. Do not use the web space provided by Australia-Host.com to provide material that is grossly offensive to the web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.

Australia-Host.com services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.

Australia-Host.com hosted pages cannot contain, or provide links to, materials that Australia-Host, in its sole discretion, may consider illegal or offensive, including, but not limited to:

Copyrighted material not belonging to you -- for example, music, images, software or video -- unless you have the prior consent of the copyright owner;

Trademarked material not belonging to you -- for example, wordmarks, design marks or a combination thereof -- without prior consent of the trademark owner;
Foul language;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but not limited to: material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws.

Members shall not use their Australia-Host.com hosted web pages to conduct the following activities:

Sell weapons or promote the use thereof;
Send bulk/spam e-mail from a Australia-Host.com server, or sending such e-mail with Australia-Host.com web site listed as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services that may contribute to news or e-mail spamming;
Host a banner exchange;
Disclose the trade secrets of any other entity or individual;
Use patented materials without the prior consent of the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on Australia-Host.com systems or accounts; or
Conduct any other activities, that Australia-Host.com determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.

It is impermissible to use Australia-Host servers for the following purposes:

To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
To open sockets of any kind including but not limited to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files for other sites; or
To conduct any other activity that Australia-Host.com determines, in its sole discretion, to be an improper use of the Australia-Host.com servers.

Australia-Host reserves the right to terminate your Australia-Host.com account or remove any page it determines, in its sole judgment, is in violation of any provision of this Agreement.

Disclaimer of Warranties

Member understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Australia-Host.com makes no warranties of any kind, either express, implied or statutory, concerning the data or information available through the Australia-Host.com hosting network or the Internet. Australia-Host.com services are provided on an "AS IS" basis. Australia-Host.com makes no representations or warranties of any kind, express or implied, including without limitation:

-THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

-THAT THE HOSTING SERVICES WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

-ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND

-ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Australia-Host.com

-TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Australia-Host.com DISCLAIMS ANY AND ALL SUCH WARRANTIES.

Limitation of Liabilities

IN NO EVENT SHALL Australia-Host.com BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT, THE HOSTING SERVICES, OR THE INABILITY TO USE THE HOSTED SITE. Australia-Host.com's liability to the Member for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the Fees paid.

Australia-Host.com, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE HOSTING SERVICES, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE SERVICES. Australia-Host.com, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.




Australian Web Hosting - Terms of Service image
Australian Web Hosting - Terms of Service image
Australian Web Hosting - Terms of Service image

Australian Web Hosting - Terms of Service image
Australian Web Hosting - Terms of Service image
Australian Web Hosting
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