This document should be considered in it's entirety and not as a sectional or selective extract.
- "Us", "We", "Our", "Provider" refers to our company, which is the domain name and hosting service provider for your service.
- "You", "Registrant" refers to you as our customer.
- "Registrar", "Supplier" refers to our domain name registrar and Wholesale provider for domain registration and/or hosting services.
Domain Registration Terms
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
- Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- If you fail to renew you domain name in timeframes indicated you acknowledge that your domain name will be deleted. If your domain name is deleted some registries provide a Redemption Grace Period (RGP) which may incur additional charges. If you do not redeem your domain name prior to the end of RGP the registry will release the domain name and it will become available within the public pool.
- By submitting an application for a registrant name change (RNC) you agree to indemnify and hold harmless our Registrar from and against any claims made by any party as a result of transfer of the domain name pursuant to this application.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
- You must not pursue any claim against the Registry Operator, our Registrar or against us, and to the fullest extent permitted by law, neither the governing bodies nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of a registry or us, or any of the registries or our employees, agents or contractors, including but not limited to any breach by us of our obligations under these Terms and Conditions, or under our Supplier's registrar agreement with each individual registry.
- You agree to indemnify, keep indemnified and hold the Registry Operator, our Registrar and us, employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
- You accept and agree that neither the Registry Operator, Registrar nor we are responsible for the use of any Domain Name in the domain names registry, and that our Registrar is not responsible for any conflict or dispute with any actual or threatened claim against a Registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
- We are not responsible for maintaining or authoring your website. Once your account has been set up, it is entirely your responsibility to create your site. Should you require assistance with the FTP of your current website, please contact our Customer Service Department.
- We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
- you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
- you will not knowingly or recklessly post, link to or transmit any material that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
- you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. We reserve the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
- You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), We reserve the right to terminate services without prior notification.
- You warrant, undertake and agree that:
- any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
- the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
- Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
- We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
- For hosting service plans which specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your webspace provided in your account is expressly prohibited from use as an online file repository. Furthermore, you warrant to us and our Supplier that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of our Supplier. Any site that uses greater than 100,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
- For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
- For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
- All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
- Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
- Running standalone, automated server-side processes including, but not limited to any daemon.
- Running any bit torrent application, tracker or client.
- Participating in file sharing or other peer to peer sharing activity.
- Executing any script for longer than 180 seconds.
- Executing any database query that takes longer than 30 seconds to complete.
- Specifying cron tasks that execute more frequently than every 300 seconds.
- You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
- You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
- You agree to supply us full payment for all services received, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all monthly services received, those services will be billed on a monthly recurring basis. You agree that any annual service purchase will expire at the end of their paid term unless explicitly renewed by you. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us. If you fail to make payment within the terms of this agreement, you understand we reserve the right to suspend or cancel your account.
- If you have signed up using a credit card, your credit card will be re-billed on the due date of future invoices. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
- We reserve the right to change prices listed on our website, pricing tables and marketing material. If we change the price of an annually billed product or service, you will be re-billed at the updated rate on your next renewal.
- All refunds that are granted in line with the following cancellation policies, duplicate payments, failed orders will be less an administration fee.
- We will not refund an order for a domain name after the domain name has been registered, will not refund for change of mind. In certain limited circumstances (depending on the domain name space), a registrant may cancel a domain name (due to spelling mistakes etc) provided that the domain registration request has not yet been sent to the relevant registry, and the registrant submits another application for the correct spelling of the domain. In certain limited circumstances a registrant may apply for their domain name license to be cancelled (depending on the domain name space and the registry conditions); however we do not provide any refund under these circumstances.
- We do not offer refunds or credits for new purchases in the event of termination or cancellation of hosting services.
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
- We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
- On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
- Without limiting the section below on our Exclusion and limitation of liability, us and our Suppliers will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
Exclusion and limitation of liability
- TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
- In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
- In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
Change of terms on renewal
We may change the terms and conditions of this Agreement at any time. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
These terms and conditions constitute the entire agreement between us and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and us.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
in relation to goods: the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or the repair of the goods or payment of the cost of having the goods repaired;
in relation to services: the supplying of the services again; or The payment of the cost of having the services supplied again as in each case we may elect.