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Web Site Hosting
Terms and conditions of service TERMS AND CONDITIONS OF SERVICE BETWEEN You AND onlineWEBpresence Hosting By having Your website hosted by onlineWEBpresence Hosting, You agree to the following Terms and Conditions of Service. RECITALS This is a legal agreement between You and onlineWEBpresence Hosting. The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources. Before placing Your website on Servers operated by onlineWEBpresence Hosting, You must read the Agreement and accept its terms and conditions. If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by onlineWEBpresence Hosting. Definitions "Agreement" means these Terms and Conditions of Service. "Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person. "Client" means any person to whom onlineWEBpresence Hosting provides the Service. "domain parking" means one or more domain names pointing to Your website, or any part of it. "onlineWEBpresence Hosting", "we", "our" and "us" means Coach Avenue Pty Ltd (ACN 094 587 425) trading as onlineWEBpresence Hosting, subsidiaries, directors, contractors, employees and associates. "person" includes a corporation, a trust and a partnership. "Servers" means all Servers owned or operated by onlineWEBpresence Hosting, and which You may access or use, pursuant to the Agreement or otherwise, as a result of onlineWEBpresence Hosting providing the Service. "Service" means the hosting of Your website and related services on Servers operated by onlineWEBpresence Hosting, including access to Your website by You or any other person. "website" includes all aspects of the Service (website, mail facilities, FTP access etc). "You" and "Your" means the person who agrees with onlineWEBpresence Hosting to have a website hosted on Servers operated by onlineWEBpresence Hosting. Order Details and Processing You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply. You confirm that the details You have provided to onlineWEBpresence Hosting when ordering Your web hosting account are complete and correct. We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days. Conduct You must not:
Password Security You must keep confidential, all passwords created or used in relation to the Service. You must not:
Acceptable Content Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene, highly controversial or which encourages unlawful behaviour. This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software. If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice. If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice. No Mirroring You must not use Your website to mirror any material on any other website without the written permission of onlineWEBpresence Hosting. onlineWEBpresence Hosting has sole discretion to determine whether to grant permission to You to mirror another website. No Web Cams Your site must not contain any "Web Cam" content. Submitting Site Details To Third Parties You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions:
Additional Domains You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/). If You require additional domain names to be pointed at Your website, You must obtain written permission from onlineWEBpresence Hosting. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website. You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain. You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content. Traffic Allowance Websites hosted on our Rocket, Mega or Super Plans are entitled to unlimited traffic in each calendar month unless any of the following apply to Your site:
If, at our sole discretion, we decide:
we may, at our sole discretion, either:
You acknowledge and agree that onlineWEBpresence Hosting has the sole right to determine when and where these provisions apply. Due to time constraints onlineWEBpresence Hosting cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that onlineWEBpresence Hosting has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges. If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice. Use of Disk Space Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from onlineWEBpresence Hosting. You must not place "demonstration" versions of third party web pages on Your website without written permission from onlineWEBpresence Hosting. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from onlineWEBpresence Hosting. onlineWEBpresence Hosting reserves the right to decide whether any pages on your site are in fact hosted for third parties. You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website. Number of Files There is a limit to the number of files which can be stored on Your website. The limit varies depending on which hosting plan You are on. You can have up to 100 files on our Discount plan, up to 5,000 files on our Small Business Starter plan, up to 10,000 files on our Business Power plan, and up to 20,000 files on our Corporate Giant plan. Large Files Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 15 MB in size. Your website must contain no more than 15 "large" files. A "large" file is one that is greater than one megabyte in size. Please note too that sites offering large files for download or delivery are unlikely to qualify for unlimited traffic and may incur significant excess traffic charges. Database Size The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either:
Virus Scanning onlineWEBpresence Hosting scans incoming and outgoing messages for viruses. However onlineWEBpresence Hosting does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, onlineWEBpresence Hosting reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus. Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats. Backups onlineWEBpresence Hosting will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service. Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply. We strongly encourage You to keep a backup of Your site on Your home or office computer. Site Statistics We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months. Mail Services All mailboxes are limited to 20 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it. onlineWEBpresence Hosting will remove without notice any messages that have been in Your mailbox(es) for more than 120 days. If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes. onlineWEBpresence Hosting reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion. Mailing Lists If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis. Providing Mail Services for Third Parties You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties). Spam (Unsolicited Email) You must not send unsolicited email messages from an onlineWEBpresence Hosting server. You must not use an email address or domain name that is hosted by onlineWEBpresence Hosting to send unsolicited email messages. If You breach these conditions we may immediately terminate the Service without notice. Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements You must not use onlineWEBpresence Hosting Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community. If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice. Resource-Intensive Programs If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
Chat Rooms and IRC Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms or IRC-related software on our Servers. Domain Name Registration and Transfer You will be responsible for handling the domain registration process and paying the necessary registration fees to Your registrar. onlineWEBpresence Hosting will be happy to provide You with the technical details required to register Your domain name, if requested by you. If Your domain name has already been registered we will not submit the domain name transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself. If You require Your domain name to be changed, additional setup fees will be charged. Technical Support We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email and/or our online Tech Support Wizard at our discretion. Notice You agree to correspond with onlineWEBpresence Hosting via email. If onlineWEBpresence Hosting needs to contact You for any reason we will do so via email. You agree to notify us promptly of any changes to Your email address or other contact details. Billing Cycle, Invoices and Payments Our billing cycle is monthly in advance. Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one week before each subsequent payment is due. If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice. If You accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to Your onlineWEBpresence Hosting account. At Your request, we will refund the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges. While onlineWEBpresence Hosting requires prepayment, in certain instances we may decide to provide you with services and permit payment at a future date. Where this occurs, payment is required as and when specified by us. If payment is not made as required, we may commence actions to recover these debts, and you may be liable to pay additional fees related to our recovery actions. Such fees may include interest charges as well as other fees reasonably related to our recovery. Prices Prices are subject to
change without notice. Any change in monthly fees
will apply to Your next hosting period, but will not be
payable for Your current hosting period. Site Suspension onlineWEBpresence Hosting may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then onlineWEBpresence Hosting has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content. Cancellation of Service You may cancel the Agreement at any time by providing onlineWEBpresence Hosting with written authorisation to close Your web hosting account (the Service). You are required to notify us via email if You require the Service to be cancelled. Hosting fees will continue to apply until cancellation is confirmed by us. We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice. You acknowledge that onlineWEBpresence Hosting does not keep copies of files for web sites that are no longer hosted with us, and that onlineWEBpresence Hosting has the right to remove all website files at the time the Service is cancelled or discontinued. Interruption of Service We do not warrant that the
Service will be continuous and/or fault free. We will
exercise due care and skill in providing the Service, and
service interruptions will be compensated under our
uptime guarantee, subject to the terms and conditions of
the guarantee. We are not responsible for any loss,
damage, injury or otherwise detriment resulting from our
provision of the service or the operation of the
agreement. You accept that the uptime guarantee provides
adequate and suitable compensation for interruption of
service. Limitation of Liability You indemnify onlineWEBpresence Hosting, its holding company and subsidiaries, directors, contractors, employees and associates in relation to any Claim as a result of:
If a term is implied into the Agreement by the Trade Practices Act 1974, onlineWEBpresence Hosting's liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again. Modifications to Service onlineWEBpresence Hosting reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that onlineWEBpresence Hosting will not be liable to You or any other party for such modifications to the Service. onlineWEBpresence Hosting reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the onlineWEBpresence Hosting site. Intellectual Property Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree not to reverse engineer or create derivative works based on the Service, or copy the Service in any way. Disclaimer We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service. Capacity You warrant that You are 18 years of age or older and have the capacity to enter into a legally enforceable agreement. If applying and/or utilising the Service on behalf of any business, You warrant that You have legal authority to do so. Headings Headings used in this agreement are for convenience and ease of reference only, and shall not be relevant to, or affect the meaning or interpretation of the agreement. . Waiver onlineWEBpresence Hosting's failure to enforce at any time or for any period of time, any term(s) of this agreement shall in no way affect our right later to enforce this agreement. Waiver by us of any breach of this agreement shall not constitute a waiver of any subsequent breach. Governing Law You irrevocably submit to the exclusive jurisdiction of the courts of Queensland Australia and the applicable laws of that state. Severability If any provision of this agreement is held to be invalid or unenforceable in whole or in part, the invalidity or unenforceability of such a provision will not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect. Entirety This document constitutes the entire agreement between You and onlineWEBpresence Hosting for the Service, and supersedes all prior agreements, understandings and representations both oral and written.
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