AusHost.com.au Terms & Conditions

AusHost.com.au agrees to provide, and Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:

1. The Client is the person or entity who is applying or who is receiving Web Hosting Services from AusHost.com.au.

2. The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. AusHost.com.au gives no warranty, express or implied, for the Web Hosting Services provided. This no warranty expressly includes any reimbursement for losses of income due to disruption of services by AusHost.com.au or its providers beyond the fees paid by client to AusHost.com.au for services.

3. Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.

4. Use of any information obtained by way of AusHost.com.au is at Client’s own risk, and AusHost.com.au holds no liability for such use.

5. AusHost.com.au is not responsible for any damages arising from Client’s use of AusHost.com.au or by Client’s inability to use the Web Hosting services for any reason.

6. While AusHost.com.au shall make every reasonable effort to protect data stored on Client’s Server(s), AusHost.com.au is not responsible for Client’s Data, files, or directories residing on AusHost.com.au’s equipment. Client is solely responsible for maintaining data, file, and directory structure backups.

 

Payment

7. Client agrees to a once off set up fee of and an Annual Payment as agreed (dependant on size of hosting allocation) for Web Hosting Services. In addition setup fees may be charged for additional services as per prices indicated at AusHost.com.au . 500MB of data transfer is included per month with all hosting accounts. Excess bandwidth will be charged at $0.19 per megabyte.

8. Payment can be by cheque, money order or credit card and in accordance with the terms on the AusHost.com.au invoice which will be forwarded to Client by postal mail.

9. For Client’s that have paid by cheque or money order:

i. Client will receive an invoice by postal mail for renewal of Annual Payment no less than two (2) weeks prior to renewal date of Annual Payment.

ii. A late charge of $10 will be applied after 7 days from the due date of any late Annual Payment. If payment is not received by AusHost.com.au within 10 days of the due date, AusHost.com.au has the option of terminating the Client’s Web Hosting Services.

10. AusHost.com.au reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon an indication of credit problems including delinquent payments.

11. For Client’s that have paid by credit card:

i. Client will receive an invoice by postal mail for renewal of Annual Payment no less than two (2) weeks prior to renewal date of Annual Payment.

ii. A late charge of $10 will be applied after 7 days from the due date of any late Annual Payment. If payment is not received by AusHost.com.au within 10 days of the due date, AusHost.com.au has the option of terminating the Client’s Web Hosting Services.

Change

12. AusHost.com.au reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on AusHost.com.au’s Web Site only. Continued usage of Web Hosting Services indicates your acceptance of the Terms and Conditions in their amended form.

 

Trademarks and Copyrights

13. Client warrants that it has the right to use the applicable trademarks of Client, and grants to AusHost.com.au the rights to use such trademarks, if any, in connection with AusHost.com.au’s promotion of, referencing of, cataloging of, or indexing of AusHost.com.au’s Web Hosting clients.

14. Client hereby agrees that any material submitted for publication on AusHost.com.au through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful.

 

Hardware, Equipment, and Software

15. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. AusHost.com.au makes no representations, warranties, or assurances that Client’s equipment will be compatible with AusHost.com.au’s Services.

 

Internet Etiquette

16. Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or AusHost.com.au. All messages transmitted via AusHost.com.au’s service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

17. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. AusHost.com.au is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network AusHost.com.au or its customers may utilise.

18. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. AusHost.com.au reserves the right to deactivate the Client’s Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless AusHost.com.au from any claim resulting form the Client’s or another party’s use of electronic mail service(s) on the Clients Web Hosting account(s).

Termination

19. Client may cancel the Web Hosting Services upon the conditions that requests for cancellation must be made in writing with 30 days prior notice and sent to AusHost.com.au. Cancellation will not take effect until received. The used pro-rata time portion of Annual Payment that has been made is not refundable unless cancellation is requested in the first thirty (30) days. Setup fees are not refundable, unless cancellation is requested in the first thirty (30) days

20. AusHost.com.au reserves the right to suspend Web Hosting Services without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred for the collection of any unpaid amounts.

21. Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any Client found to be Spamming will have their Web Hosting Services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of it.

END TERMS AND CONDITIONS