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HOSTING AGREEMENT

Please read the hosting conditions completely. Your 12 months hosting account is subject to these conditions and ticking the "I understand and accept" selector at the base of this page is your legally binding agreement that you understand and accept these conditions.


CONTENT - All services provided by Australdata.com.au may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law of Australia or the United States is prohibited. This includes, but is not limited to: copyright material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The hosting subscriber agrees to indemnify and hold harmless Australdata.com.au from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Australdata.com.au will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

  • Pirated software or MP3 files
  • Phreaking
  • TV Signal decoding
  • Hacking and cracking
  • Warez
  • Porn or adult material
  • Spamming Software or activity

Australdata.com.au will be the sole arbiter as to what constitutes a violation of this provision.

SIGNUP PROCESSING - NEW HOSTING ACCOUNTS ARE PROCESSED MANUALLY BY HUMANS. NEW HOSTING ACCOUNTS ARE GENERALLY PROCESSED WITHIN 2 HOURS between 10 am and 2 am LOCAL TIME.

Local time:

 

REFUND - Once you have signed up and paid for your new hosting account we CANNOT REFUND. Don't sign up if you are not certain you want to go ahead with hosting.


DATA TRANSFER - included in the hosting fee you pay is 20,000 megabytes (20 GIG) of data transfer per month in the case of Business Hosting or 40,000 megabytes (40 GIG) in the case of Pro Hosting.

Sites that go over the allowed free traffic allocation will be charged $10 per 1 GIG in excess of the allowance. Such excess fee must be paid on request once you have actually exceeded the bandwidth limit.

The vast majority of websites we host rarely use more than 5% of the allocated bandwidth.

Failure to pay the fee before the expiry of the month during which the excess was accumulated can result in the suspension of the site and the hosting.

CHAT ROOMS - We do not allow you to link to or use IRC or IRC bots such as eggdrop and BitchX on your server account.

BACKGROUND RUNNING PROGRAMS - As a general rule we do not allow background running programs. We may allow programs to run continually in the background and these are considered upon seperate application from you. An extra charge will be incurred based on system resources used and operational maintenance needed.

DEFAMATION, OBSCENE OR INDECENT MATERIALS OR WRITINGS - Violation of indecency and obscenity laws in the country of the server or your country can result in criminal penalties or civil action against you. Defamatory speech distributed over the Internet can result in civil liability for the defamer.

INTELLECTUAL PROPERTY -  Material accessible to you through Australdata.com.au services may be subject to protection under Australian or United States or other countries copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Australdata.com.au Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Australdata.com.au and its network provider. If you use a domain name in connection with the Australdata.com.au service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY - You may not use the Australdata.com.au services or its network provider with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Australdata.com.au will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

REFUSAL OF HOSTING ACCOUNT - Australdata.com.au reserves the right at its sole discretion to refuse or cancel service. If we refuse you service then we WILL REFUND YOUR PAYMENT. Violation of any of Australdata.com.au CONDITIONS could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

SPAM AND UNSOLICITED EMAIL - you must not use the Australdata.com.au or its network provider, their equipment or any Australdata.com.au email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Australdata.com.au and its network provider, their equipment or any Australdata.com.au email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed Australdata.com.au reserves the right to disable your domain without warning. Australdata.com.au solely reserves the right to refuse or cancel service to known spammers. Lastly, Australdata.com.au reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. As such, any violation will result in immediate deactivation of services without refund.

ABUSE - Any attempts to undermine, slander, libel, threaten, or cause harm to a Australdata.com.au or its network provider's server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

INDEMNIFICATION - hosting subscriber agrees that it shall defend, indemnify, save and hold Australdata.com.au harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Australdata.com.au, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Hosting subscriber agrees to defend, indemnify and hold harmless Australdata.com.au against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Australdata.com.au or its network provider's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Hosting subscriber agrees to limit the liability of Australdata.com.au to the amount paid for service.

DISCLAIMER - hosting subscriber agrees that it shall defend, indemnify, save and hold Australdata.com.au harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Australdata.com.au, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Hosting subscriber agrees to defend, indemnify and hold harmless Australdata.com.au against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Australdata.com.au or its network provider's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Hosting subscriber agrees to limit the liability of Australdata.com.au to the amount paid for service.

I understand and accept: