Terms & Conditions
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This Services Agreement (the "Agreement") contains the complete terms and conditions
which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain
Registrations, Colocation and other Internet-related services provided by Webhostforasp.net.au
(the "Services"). As used in this Agreement, "Webhostforasp.net.au" means Webhostforasp.net.au
and "Client", "you", or "your" means you. By clicking on the "Submit Order" button,
you acknowledge that you have read the Agreement, and you agree to its terms and
conditions and all policies posted on the Webhostforasp.net.au Network site. As
referred to in this Agreement, "Site" refers to a World Wide Web site and "Webhostforasp.net.au
Site" refers to the Site located at the URL http://www.Webhostforasp.net.au or any
other successor Sites owned or maintained by Webhostforasp.net.au.
In addition to the following, the Acceptable Use Policies provide more detailed
information regarding what is acceptable use of our products and services.
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Appropriate Use of the Services |
Webhostforasp.net.au provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to provide
such services.
- Client Content
Client agrees that it will not distribute, electronically transmit or display any
materials supplied by Client - or through Client by a third party - to any Webhostforasp.net.au
server in connection with Client’s use of the Services which:
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violate any state, federal or foreign laws or regulations;
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infringe on any intellectual property rights (e.g. copyright, trademark, patent
or other proprietary rights) of Webhostforasp.net.au or any third party;
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are defamatory, slanderous or trade libelous;
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are threatening or harassing;
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are discriminatory based on gender, race, age or promotes hate violate any Webhostforasp.net.au
policy posted on the Webhostforasp.net.au site including but not limited to those
listed in our Terms of Service (TOS).
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contain viruses or other computer programming defects which result in damage to
Webhostforasp.net.au or any third party.
- Bandwidth
Virtual Private Server (VPS), Dedicated and Colocation Accounts are limited only
to port speed. Default port setting is 10 Meg. Additional fees, specified in the
account plan will be charged for exceeding the network bandwidth allowance of your
selected plan/server.
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Licensed Software Only
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Client agrees to use only properly licensed third party software in connection with
Client’s use of the services.
- Back-up Files and Processing
Virtual/Shared Hosting Clients will have the ability to reinstate files which are
automatically archived by Webhostforasp.net.au upon request for a minimal fee; however,
Webhostforasp.net.au does not guarantee the existence, accuracy, or regularity of
its backup services, and therefore, Client is responsible for making back-up files
in connection with its use of the services. The accuracy and quality of backup processes
provided by 3rd party software, such as the individual 3rd party control panels,
is not guaranteed by Webhostforasp.net.au.
- Termination
Webhostforasp.net.au reserves the right to refuse service to anyone. Webhostforasp.net.au,
in its sole discretion, may immediately terminate this Agreement if Client engages
in any of the foregoing. To report any unacceptable behavior by a third party using
the services, please contact [email protected]
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Payment Obligations |
- Service Fees
By the First of each month, Webhostforasp.net.au shall either (i) debit Client’s
credit card (where such information is provided by Client) or (ii) deliver by e-mail
an invoice to Client in accordance with the applicable Services fees for services
rendered for the current month. Where an invoice is delivered to Client, Client
shall remit payment to Webhostforasp.net.au by no later than 7 days after the specified
payment due date. Webhostforasp.net.au shall be entitled to immediately terminate
this Agreement for Client’s failure to make timely payments to Webhostforasp.net.au.
Certain services carry a set-up fee charged by Webhostforasp.net.au to Client that
must be paid by Client in order to have use of the Services. If Client terminates
this Agreement,Client shall be responsible for any outstanding fees owed to Webhostforasp.net.au
and agrees to pay any and all fees incurred by Client. Because the Services are
provided on a monthly basis, unless a contract is in place, Client will be responsible
for Service fees incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate on the 15th
of a particular month, Client will still owe fees for the entire month and such
fees will not be pro-rated or refunded. If Client has retained the Services for
one (1) year and has pre-paid Webhostforasp.net.au for such Services, only 70% refunds
will be issued for any unused full month month portions less one month of the Services
upon Clients request. Therefore, if Client’s account is canceled at any point during
the one (1) year term, Client will be entitled to a refund for all but one of the
full months remaining after notice given by the 25th of the preceding month.
- Late Payments
Any payment not received within twenty (20) days of the invoice date, will be assessed
a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed
by applicable law, whichever is lower, with minimum of a AUD$10.00 fee. Customer
also shall pay to Webhostforasp.net.au all expenses incurred by Webhostforasp.net.au
in exercising any of its rights under this Agreement or applicable law with respect
to a Payment Default or other breach by Customer, including, but not limited to,
reasonable attorneys’ fees and the fees of any collection agency retained by Webhostforasp.net.au.
Late Fees will continue to accrue as long as there is an outstanding balance.
- Returned Item Fee
Accounts with returned checks and/or e-checks will be assessed a AUD$30.00 returned
item fee.
- Taxes
Customer will be responsible for and will pay in full, any taxes and similar fees
now in force or enacted in the future imposed on the transaction and/or the delivery
of Services.
- Domain Names
If Client chooses to register a domain name(s) through Webhostforasp.net.au, Client
acknowledges and agrees that Client will pay a registration fee(s) to register the
domain name(s) with the applicable domain name registrar. Webhostforasp.net.au does
not offer refunds for domain name registrations for any reason, including misspelling
of the domain name.
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Client Liability and Indemnification |
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The parties agree that in no event shall Webhostforasp.net.au be liable to any third
party for Client’s breach or alleged breach of any of the terms and conditions set
forth in this Agreement. Client agrees to defend, indemnify and hold harmless Webhostforasp.net.au
from any and all expenses, losses, liabilities, damages or third party claims resulting
from Client’s breach or alleged breach of any Client obligations set forth hereunder.
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Term, Termination & Reinstatement |
Subject to the terms and conditions hereof, this Agreement shall be effective on
the date you register for the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section 4. Either party will have the
right to terminate this Agreement upon notice to the other party. If Client is terminating
this Agreement, Client must follow instructions for cancellation provided on the
Server Cancellation Information page. All cancellation requests must be received
by the 25th of the respective month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail notice shall be void. Sections 3 -
8 shall survive termination or expiration of this Agreement.
If Webhostforasp.net.au suspends a virtual account for non-payment, Client shall
be allowed to re-instate Client’s use of the Services within Five (5) business days
of cancellation upon approval from Webhostforasp.net.au and full payment of balances
due. A reinstatement fee of $15.00 will be applied.
If Webhostforasp.net.au disconnects a Dedicated Server or Colocation server for
non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement
of Client’s server. Once payment has been received, Client’s account will be activated
within Forty-eight (48) business hours. Webhostforasp.net.au will maintain an archival
copy of Client’s data files for (5) days after Webhostforasp.net.au disconnects
the server.
If a Client terminates their account, Webhostforasp.net.au will disable the server/account
the day the client specifies the account is canceled. Webhostforasp.net.au will
not maintain an archival copy of the Clients Web site or files. It is the responsibility
of the Client to remove any data off the server prior to the date provided in their
cancellation notice.
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Taxes |
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Client will pay and indemnify and hold Webhostforasp.net.au harmless from any and
all taxes associated with or arising from Client’s use of the Services, including
any penalties and interest and any costs associated with the collection or withholding
thereof.
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Anytime Money Back Guarantee |
Webhostforasp.net.au offers an any-time money back guarantee where customers will
receive a complete refund minus setup fee ($10) if they cancel their services within
30 days of registration. If however the customer cancels after the 30-day period,
he or she will receive a refund for the unused months of his or her currently billing
term after deducting a refund charge. The refund charge will be equal to $10.00.
Refunds would not be made to customers who violate our Terms and Conditions. The
following payment methods apply for this scheme:
- Credit Card: Payments made by Visa, MasterCard, AMEX and Discover
- PayPal : Any form of PayPal payment. PayPal may charge a small refund fee
The money back guarantee doesn't apply to the checks mailed to us. To get a refund
under this scheme, simply send an email to [email protected] with
all your ClientID Details before 30 days of signing up
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SPAM Policy |
Webhostforasp.net.au does not authorize the use of its proprietary computers and
computer network to accept, transmit or distribute unsolicited bulk e-mail sent
from the Internet to Webhostforasp.net.au members. In addition, Internet e-mail
sent, or caused to be sent, to or through Webhostforasp.net.au services that makes
use of or contains invalid or forged headers, invalid or non-existent domain names
or other means of deceptive addressing will be deemed to be counterfeit. Any attempt
to send or cause such counterfeit e-mail to be sent to or through Webhostforasp.net.au
services is unauthorized. Similarly, e-mail that is relayed from any third party's
mail servers without the permission of that third party, or which employs similar
techniques to hide or obscure the source of the e-mail, is also an unauthorized
use of Webhostforasp.net.au services. Webhostforasp.net.au does not authorize anyone
to send e-mail or cause e-mail to be sent to the Webhostforasp.net.au Network that
violates Webhostforasp.net.au's Terms and Conditions or Webhostforasp.net.au's Spam
Policy. Webhostforasp.net.au reserves the right to take all legal and technical
steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail
from entering, utilizing or remaining within Webhostforasp.net.au services. Nothing
in this policy is intended to grant any right to transmit or send e-mail to, or
through, Webhostforasp.net.au services. Webhostforasp.net.au's failure to enforce
this policy in every instance in which it might have application does not amount
to a waiver of Webhostforasp.net.au's rights.
Violations of Webhostforasp.net.au's Terms and Conditions, Service Usage Policy,
and Spam Policy, include but is not limited to the following: Using or causing to
be used Webhostforasp.net.au's computer systems and services to facilitate the transmission
of unsolicited or unauthorized material. This includes any promotional materials,
URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized
solicitation that you may upload, post, email, transmit, or otherwise make available.
Receiving responses by any means (email, http, or otherwise) from UCE/UBE (aka spam)
sent via any other provider. Being linked to from a website advertised via UCE/UBE
(aka spam). Promotion of UCE/UBE (aka spam) services or distributing or encouraging
UCE/UBE (aka spam) services or lists of email addresses. Linking to "spamware" or
sites promoting "spamware" of any kind. Collecting or distributing email lists for
the purpose of facilitating spamming activities. Spamming Webhostforasp.net.au technical
support or any other Webhostforasp.net.au email addresses. Excessive cross-posting
in forums and/or newsgroups.
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Disclaimer of Warranty |
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THE SERVICES, THE Webhostforasp.net.au SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS
AND SERVICES DISPLAYED OR OFFERED ON THE Webhostforasp.net.au SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND
WITHOUT WARRANTY OF ANY KIND. Webhostforasp.net.au DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING
FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Webhostforasp.net.au
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
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Limitation of Liability |
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IN NO EVENT SHALL Webhostforasp.net.au BE LIABLE FOR DAMAGES RESULTING FROM LOSS
OF DATA, PROFITS, USE OF THE Webhostforasp.net.au SITE OR ANY Webhostforasp.net.au
PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR
SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Webhostforasp.net.au CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
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