Web Hosting Terms & Conditions
These terms apply to you as a user of the Service (“Customer“, “Client” or “you“). WebIT (“We“) agrees to provide, and you agree to receive, access to the Web Hosting and related Services according to the following Terms and Conditions. Please read these terms and conditions carefully.
1. GENERAL
1.1. You are the person or entity who is applying or who is receiving Web Hosting Services from WebIT.
1.2. You will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of New South Wales and the Australian Federal Government.
1.3. Use of any information obtained by way of WebIT is at your own risk, and WebIT holds no liability for such use.
1.4. WebIT is not responsible for any damages arising from your use of WebIT Hosting services or by your inability to use the Web Hosting services for any reason.
1.5. You are solely responsible for maintaining data, file, and directory structure backups.
1.6. You, as the customer of WebIT, are required to provide WebIT with correct and up to date contact details for billing and technical notification purposes. WebIT takes no responsibility for disruption to services due to inability to contact the customer.
1.7 AW Stats usage statistics are available.
2. CUSTOMER WARRANTIES AND INDEMNITIES
2.1 You warrant that:
(a) if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify WebIT for any breach of this agreement by the Customer;
(b) at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
(c) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
(d) you will keep secure any passwords used with the Service; and,
(e) you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data.
2.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.
2.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) your breach of these terms;
(b) your use or misuse of the Service;
(c) the use or misuse of the Service by any person using your account; and,
(d) publication of defamatory, offensive or otherwise unlawful material on any website forming part of your
service.
3. WEBIT WARRANTIES AND LIABILITIES
3.1 We accept liability for the supply of the Services but only to the extent provided in this clause 3.
3.2 We do not warrant that:
(a) the services provided under this agreement will be uninterrupted or error free;
(b) the services will meet your requirements, other than as expressly set out in this agreement; or
(c) the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of WebIT.
3.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act.
3.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
3.5 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
3.6 Other than liability accepted by us in clause 3.3, our total liability for loss or damage of any kind not excluded by clause 3.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.
4. PAYMENT
4.1. Client agrees to a once off set up fee and a six monthly Payment as agreed (dependant on size of hosting allocation) for Web Hosting Services. Excess data transfers will be charged at $0.03 inc GST per megabyte. In addition setup fees may be charged for additional services supplied by WebIT.
4.2. Payment can be by cheque or money order and in accordance with the terms on the WebIT invoice which will be forwarded to you by email, fax, or postal mail.
4.3. The Client will receive an invoice for renewal of six monthly Payment no less than one (1) week prior to renewal date of Quarterly Payment.
4.4. A late charge of $10 will be applied after 14 days from the due date of any late Quarterly Payment. If payment is not received by WebIT within 28 days of the due date, WebIT has the option of suspending or terminating the Client’s Web Hosting Services.
4.5. WebIT reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon an indication of credit problems including delinquent payments.
5. CHANGE
5.1. WebIT 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 the WebIT public Website. A link to these Terms and Condiditions will also be provided on each invoice. Continued usage of Web Hosting Services indicates your acceptance of the Terms and Conditions in their amended form.
5.2 These terms constitute the agreement in its entirety and supersede prior agreements.
6. TRADEMARKS AND COPYRIGHTS
6.1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to WebIT the rights to use such trademarks, if any, in connection with WebIT’s promotion of, referencing of, cataloging of, or indexing of WebIT’s Web Hosting clients.
6.2. Client hereby agrees that any material submitted for publication on WebIT 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 libelous or harmful.
7. HARDWARE, EQUIPMENT, AND SOFTWARE
7.1. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. WebIT makes no representations, warranties, or assurances that Client’s equipment will be compatible with WebIT’s Services.
8. INTERNET ETIQUETTE
WebIT reserves the right to suspend or terminate websites engaged in the following activities.
8.1. 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 WebIT. All messages transmitted via WebIT’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.
8.2. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. WebIT is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network WebIT or its customers may utilise.
8.3. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. WebIT reserves the right to deactivate the Client’s Web Hosting account(s) upon any indication of such activity. Client hereby agrees to indemnify and hold harmless WebIT 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).
8.4. Obscene Speech or Materials — WebIT will immediately terminate a website using WebIT’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material.
8.5. Defamatory or Abusive Language — Using the WebIT network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
8.6. Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
8.7. Other Activities — Engaging in activities, whether lawful or unlawful, that WebIT determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
9. TERMINATION
9.1. 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 WebIT. Cancellation will not take effect until received. The used pro-rata time portion of Six Monthly 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.
9.2. WebIT 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.
9.3. Refunds will only be granted if cancellation occurs within the first 30 days of service provision. Only the unused pro-rata time portion of the quarterly payment that has been made will be refunded in this instance. If cancellation occurs after the first 30 days of service provision, no refunds will be granted.
9.4. 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.
10. SATISFACTION GUARANTEE
10.1. Client may terminate services within the first thirty (30) days from activation of the hosting account and receive a full refund.
10.2. Refunds will only be granted if cancellation occurs within the first 30 days of service provision. Only the unused pro-rata time portion of the annual payment that has been made will be refunded in this instance. If cancellation occurs after the first 30 days of service provision, no refunds will be granted.
11. ACCOUNT LIMITS & ACCEPTABLE USE POLICY
11.1. There is a maximum storage of 60 Megabytes (MB) for each email account. After this limit is reached emails will not be accepted by the server.
11.2. Any web hosting package arising from a special offer shall be monitored for acceptable usage. At WebIT’s discretion, any special offer account which consistently uses more than 5000 Megabytes (MB) traffic per month may be charged excess fees of $0.03 inc GST per Megabyte (MB). For the purposes of this clause, a special offer account includes any account quoted as “Disk Usage: Unlimited*” or “Bandwidth: Unlimited*”.
END TERMS AND CONDITIONS