a) Australian Professional
Hosting provides internet web page hosting and related services.
Australian Professional Hosting reserves the right to suspend
or cancel a customer's access to any or all services provided
by Australian Professional Hosting. Termination of an account
is at the sole discretion of Australian Professional Hosting.
Should Australian Professional Hosting have reason to believe
an account is being used inappropriately or without due attention
to the full contents of the Australian Professional Hosting
terms and conditions, Australian Professional Hosting reserve
the right to suspend or terminate an account without notice.
b) All accounts are to be used by the primary owner only. Personal
account holders are not permitted to resell, store or give away web-hosting
services of their website to other parties. Web hosting services are defined
as allowing a separate, third party to host content on the owner's web site.
Exceptions to this include ad banners, classified ads, personal ads and reseller
packages specifically designed for this purpose.
c) Should a website
be found to be monopolising the resources available Australian
Professional Hosting reserves the right to suspend that site
immediately. This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of our servers. Should
this occur a client may be asked to move on to a dedicated
server.
d) All accounts are set up on a prepay basis. Although Australian
Professional Hosting reserves the right to change prices of accounts, services
or package contents and allowances at any time all pricing is guaranteed for
the period of prepayment. Payment is due each anniversary year or month following
the date the account was established. Customers will automatically be charged
again at the end of their prepay period unless closure notification has already
been given.
The customer is responsible for all money owed on the account
from the time it was established to the time that the customer
sends a written cancellation request.
It is the policy of Australian Professional
Hosting to suspend an account after 7 days of non-payment.
e) Illegal Material, including copyrighted works, commercial audio,
video, or music files, and any material in violation of any Federal, State
or Local regulation. Adult Material, including all pornography, erotic images,
or otherwise lewd or obscene content are not permitted at any time.
Banned is the storage and/or distribution
of pirated software, ROMS, emulators, phreaking, hacking, password
cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information
about such material.
The designation of "unacceptable material" is
left entirely to the discretion of Australian Professional
Hosting.
f) No bills or invoices
will be sent by regular mail. All invoices will be sent directly
to customers via email. Australian
Professional Hosting cannot guarantee that a service will be
provided until after any received cheques have been cleared.
g) Australian Professional Hosting reserves
the right to cancel the service at any time. In this event customers
will be entitled to a pro rata refund based upon the remaining
period of Membership. If a customer contravenes Australian Professional
Hosting's terms of service a refund will not be issued in the
event of a cancellation.
h) Customers may cancel their account at any
time. A cancellation request must be emailed to accounts@australianprofessionalhosting.com.au not
less than 7 days prior to the processing of the account. Should
a cancellation request be received when the next payment is due
in under 7 days, Australian Professional Hosting cannot guarantee
cancellation before the above mentioned payment is claimed upon.
i) Australian Professional Hosting offers products in good faith and
works to provide a useful and seamless service. It must however, be noted that
the internet is not without fault and sometimes interruptions or slowness
of service can occur.
Customer agrees that in order to maintain optimal performance
for your website, it may be necessary from time to time to relocate
a site to another Australian Professional Hosting server. When
possible a minimum notice of 7 days will be given in such cases.
In some cases a small configuration alteration may be necessary
at a client's computer system so as to accommodate changes/upgrades
to our systems (particularly email). Australian Professional
Hosting reserves the right to request that a domain's hosting
records be changed at any time. This action is intended to accommodate
any changes to DNS records to a different name server (DNS).
Should an alteration to a DNS record be required, Australian
Professional Hosting is happy to do this on your behalf after
having obtained written permission from the owner or authorised
representative of a domain.
j) Customer agrees that it shall defend, indemnify,
save and hold Australian Professional Hosting harmless from any
and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Australian Professional
Hosting, 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, its agents,
employees or assigns. Customer agrees to defend, indemnify and
hold harmless Australian Professional Hosting against liabilities
arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
a Australian Professional Hosting or other server; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customer from Australian
Professional Hosting or other server.
Australian Professional Hosting will not be responsible for any damages your
business may suffer. Australian Professional Hosting makes no warranties
of any kind, expressed or implied for services we provide. Australian Professional
Hosting disclaims any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Australian
Professional Hosting and its employees.
k) Australian Professional
Hosting maintains frequent backups of systems and servers.
These backups are not designed for the replacement of individual
lost files or sites. Australian Professional Hosting requests
that customers of Australian Professional Hosting maintain
a backup of their web presence on a hard drive or other means
of data storage. Australian Professional Hosting reserve the
right to request that a site be re-uploaded in the case of
unforeseen circumstances.
l) Australian Professional Hosting reserves
the right to revise its policies at any time.
