Terms Of Service

Terms of Service
All users of AustralianWebHosting.net.au services, and all customers upon signing up for AustralianWebHosting.net.au services, agree to comply with our terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using our services with due regard to the rights of other Internet users and in conformity with the requirements of AustralianWebHosting.net.au network environment. The TOS are not exhaustive and AustralianWebHosting.net.au  reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to AustralianWebHosting.net.au or notification of the modified TOS.
Any breach of this agreement by an individual purchasing or utilizing services byAustralianWebHosting.net.au, may result in the services of the individual being suspended or terminated with or without notice.
AustralianWebHosting.net.au  Customer Restrictions
Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. AustralianWebHosting.net.au will be the sole arbiter of what is considered to be a high server usage level.   Any Web Hosting account deemed to be adversely affecting server performance or network integrity would be suspended without prior notice.
Unacceptable Sites

AustralianWebHosting.net.au considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:

1.     Pornographic or adult material
2.     Fraudulent activities of any kind
3.     IRC and IRC related tools
4.     Copyrighted material without explicit consent to use and/or distribute
5.     Network/computer scanning or attack software
6.     Exploits
7.     Software licenses, license generation software, software “cracks”
8.     Site mirroring
9.     Upload services of any kind
10.     Spiders of any kind
11.     Computer viruses/malicious software of any kind
12.     Proxy scripts or services
13.     Ponzi or pyramid schemes
14.     Racist, hateful, or harassing content
15.     Hacking related information or services
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to AustralianWebHosting.net.au customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Hostlx server, and selling or distributing software (on a Web site residing on a Hostlx server) that facilitates spamming. Violators will face immediate suspension. AustralianWebHosting.net.au reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

AustralianWebHosting.net.au guarantees that your website will be up and running at least 99.5% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where AustralianWebHosting.net.au has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber’s domain name, connection issues between the client’s location and AustralianWebHosting.net.au data center. This uptime guarantee is also not applicable if external issues such as Acts of God, Wars or any other natural or unnatural events that AustralianWebHosting.net.au cannot directly influence caused the service interruption.

Ownership of Web Site

The legal owner of customers’ Web sites and accounts with AustralianWebHosting.net.au will be the individual or organization whose name is listed in AustralianWebHosting.net.au database as the owner. Customers will fully cooperate with and abide by any and all of AustralianWebHosting.net.au security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with AustralianWebHosting.net.au.

Illegal Use

AustralianWebHosting.net.au servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Pornography and Child Pornography

The use of AustralianWebHosting.net.au services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. AustralianWebHosting.net.au is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

AustralianWebHosting.net.au customers agree to protect, defend, hold harmless, and indemnify AustralianWebHosting.net.au, any third party entity related to AustralianWebHosting.net.au (including, without limitation, third party vendors), and AustralianWebHosting.net.au executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of AustralianWebHosting.net.au services.

Disclaimer

The AustralianWebHosting.net.au service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. AustralianWebHosting.net.au expressly disclaims any representation or warranty that the AustralianWebHosting.net.au service will be error-free, secure or uninterrupted. No oral advice or written information given by AustralianWebHosting.net.au, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. AustralianWebHosting.net.au and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Limitation Of Liability

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will AustralianWebHosting.net.au (including, without limitation, AustralianWebHosting.net.au executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing AustralianWebHosting.net.au’s services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or AustralianWebHosting.net.au services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any AustralianWebHosting.net.au services even if hostlx has been advised of the possibility of such damages.

AustralianWebHosting.net.au total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOS or AustralianWebHosting.net.au’s services, including, without limitation, those from any negligence, any act or omission by AustralianWebHosting.net.au or AustralianWebHosting.net.au representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

Modifications

AustralianWebHosting.net.au may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with AustralianWebHosting.net.au services. Certain changes to AustralianWebHosting.net.au services may affect the operation of customers personalized applications and content. Each customer is solely responsible, and AustralianWebHosting.net.au is not liable, for any and all such personalized applications and content, except as expressly agreed to by AustralianWebHosting.net.au.

Backup of Data

Except where AustralianWebHosting.net.au has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and AustralianWebHosting.net.au is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with AustralianWebHosting.net.au services. AustralianWebHosting.net.au servers are also NOT TO be used as a backup storage and are only indented for hosting web files.
Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by an Employee without notice.

Governing Law and Severability

The TOS and any other agreement for   services, will be governed by and construed in accordance with the laws of the Commonwealth of Australia without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and AustralianWebHosting.net.au will take place in Sydney, Australia, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other AustralianWebHosting.net.au agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between AustralianWebHosting.net.au and its customers. Each of AustralianWebHosting.net.au and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for AustralianWebHosting.net.au  services, constitutes the complete understanding and agreement between AustralianWebHosting.net.au and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of AustralianWebHosting.net.au, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for v services is between AustralianWebHosting.net.au and its customers only and will not confer any rights in any third party except as otherwise expressly provided by AustralianWebHosting.net.au.

Refusal of Service
We reserve the right to refuse service at our sole discretion. All sub-networks, distributive hosting sites of AustralianWebHosting.net.au  must adhere to the said policies.

Third Party Providers
You agree that certain services may be provided by third party providers of AustralianWebHosting.net.au and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.