DEDICATED HOSTING TERMS OF SERVICE
DedicatedServer.net.au provides web hosting services to
subscribers around the world. The following terms of service
are designed to provide the highest level of service available.
Content
All
services provided by DedicatedServer.net.au are to be used
for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any Australia
or United States Federal, State or Local law is prohibited.
This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, material that
jeopardizes national security, or material protected by trade
secret or other laws. The subscriber agrees to indemnify and
hold harmless DedicatedServer.net.au, from any claims resulting
from the subscriber's use of DedicatedServer.net.au's services
which damages the subscriber or any other party.
Examples of prohibited
content or links include (but are not limited to): IRC
Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or
any other material in which the account holder does
not own the copyright.
DedicatedServer.net.au will be the sole arbiter as to what
constitutes a violation of this provision. Content that does
not meet these standards will be removed without prior notice
to the subscriber.
Housing
of any of the following files is considered a violation
of the terms of service:
IRC - We currently
do not allow IRC, Egg Drops, BNC, or IRC bots to be
operated on our servers or network. Files with references
to IRC or any likeness thereof are prohibited.
Proxies - We do
not allow proxy servers of any kind, whether for personal
or business use. Files with references to any proxy
or likeness thereof are prohibited.
PortScanning -
We do not allow any kind of portscanning to be done
on or from our servers or network.
Commercial
Advertising - Email -
Spamming, i.e. the
sending of unsolicited email, from any DedicatedServer.net.au
server or any server located on the DedicatedServer.net.au
network is STRICTLY prohibited. DedicatedServer.net.au
will be the sole arbiter as to what constitutes a violation
of this provision. This also includes Optin Optout mail
programs and mail that either directly or indirectly
references a domain contained within an account at DedicatedServer.net.au.
In addition to termination of any account found to be
in violation there will also be a $100 penalty fine
applied for every valid spam complaint processed by
DedicatedServer.net.au staff.
Running Unconfirmed Mailing Lists.
Subscribing email addresses to any mailing list without
the express and verifiable permission of the email address
owner is prohibited. All mailing lists run by DedicatedServer.net.au
customers must be Closed-loop ("Confirmed Opt-in").
The subscription confirmation message received from
each address owner must be kept on file for the duration
of the existence of the mailing list. Purchasing lists
of email addresses from 3rd parties for mailing to or
from any DedicatedServer.net.au-hosted domain, or referencing
any DedicatedServer.net.au account, is prohibited.
Advertising, transmitting, or otherwise
making available any software, program, product, or
service that is designed to violate this AUP or the
AUP of any other Internet Service Provider, which includes,
but is not limited to, the facilitation of the means
to send Unsolicited Bulk Email, initiation of pinging,
flooding, mail-bombing, denial of service attacks is
prohibited.
Email address cultivating, or any
unauthorized collecting of email addresses without prior
notification of the email address owner is strictly
prohibited.
Operating an account on behalf
of, or in connection with, or reselling any service
to, persons or firms listed in the Spamhaus Register
of Known Spam Operations (ROKSO) database at www.spamhaus.org
is prohibited.
Server
Abuse
Any attempts to undermine or cause harm
to a DedicatedServer.net.au server or subscriber of DedicatedServer.net.au
is strictly prohibited including, but not limited to:
Logging into a server
or account that you are not authorized to access
Accessing data or taking any action
to obtain services not intended for you or your use
Attempting to probe, scan or test
the vulnerability of any system, subsystem or network
Tampering, hacking, modifying,
or otherwise corrupting or breaching security or authentication
measures without proper authorization
Transmitting material that contains
viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines with
the intent or effect of damaging, destroying, disrupting
or otherwise impairing a computer's functionality or
the operation of the System
Interfering with, intercepting or expropriating any
system, data or information
Interfering with service to any user, host or network
including, without limitation, by means of overloading,
"flooding," "mailbombing," or "crashing"
any computer system
You will be held responsible for all actions performed by
your account whether it be done by you or by others.
All sub-networks of DedicatedServer.net.au and all dedicated
servers must adhere to the above policies.
Bandwidth
Measurement and Overage Fees
As of August 11, 2004 all bandwidth listings
consist of the sum of incoming and outgoing bandwidth allowance.
Incoming and outgoing bandwidth allowances are calculated
on a 50/50 split of incoming to outgoing bandwidth based on
the total bandwidth, therefore the incoming and outgoing bandwidth
allowances are each half of the total listed bandwidth. Any
bandwidth usage exceeding either the incoming or outgoing
bandwidth total will be billed at the rate of $1.50 per GB
over.
Dedicated
Server Support
Basic support and maintenance of dedicated
servers is provided at the discretion of Liquid Web, Inc.
In the case of erroneous instances or support issues extending
beyond what we determine to be within the realm of reasonable
assistance, support is priced as follows:
1 Hour
for $100 2 Hours
for $75 per hour 3 Hours
for $50 per hour More than
3 hours is $50 per hour
Scheduled
Maintenance and Downtime
DedicatedServer.net.au will use its commercially
reasonably efforts to provide services 24 hours a day, seven
days a week. Subscriber acknowledges that from time to time
the services may be inaccessible or inoperable for various
reasons, including periodic maintenance procedures or upgrades
("Scheduled Downtime"); or service malfunctions,
and causes beyond DedicatedServer.net.au 's control or which
are not reasonably foreseeable by DedicatedServer.net.au,
including the interruption or failure of telecommunications
or digital transmission links, hostile network attacks, or
network congestion or other failures. DedicatedServer.net.au
will provide at least 48 hours advance notice to the subscriber
for Scheduled Downtimes, and will use commercially reasonable
efforts to minimize any other disruption, inaccessibility
and/or inoperability of its web servers. DedicatedServer.net.au
has no responsibility for downtime resulting from a user's
actions.
Refunds
Refunds will be posted for FULL months only.
Notice of cancellation must be given before the month in question
begins. Setup fee is NON refundable. $8.55 will be deducted
from the money refunded if the user's domain was registered
via DedicatedServer.net.au’s free domain registration method.
Any violation of DedicatedServer.net.au’s
Terms of Service Agreement shall result in no refund.
Account
Setup, Termination, and Billing:
The account will be charged on the day the
order is processed, regardless of the account billing date.
The account will not be charged again until the next month's
billing cycle.
Disabling
of accounts due to overdue payment: Accounts will
be disabled if payment is not received within 14 days of the
invoice date. If your account has been disabled, you may be
charged a reconnection fee of up to $50 in order to re-enable
your account.
Termination
of accounts due to overdue payment: If the account
is not paid within 30 days of the invoice date, the account
will be terminated and all information within the account
will be deleted.
Cancellation
Procedure: Valid proof of account ownership will
be required to terminate an account. This includes, but is
not limited to, billing information in the form of a partial
credit card number or other payment information, or the billing
password. Non-secure information, such as the contact email
address or account billing address, is not sufficient as security
verification.
Courtesy
Services for Customers
All services such as backup and Cpanel are
provided for the courtesy of the subscriber. It is the sole
responsibility of the subscriber to maintain the subscriber's
own backup of any data. DedicatedServer.net.au is not responsible
for lost data or for lost data due to third party software
that is not maintained by DedicatedServer.net.au programming
staff. (Cpanel is not associated with DedicatedServer.net.au)
Limitation
of Damages
Recovery of damages from DedicatedServer.net.au
may not exceed the amount of fees it has collected on the
account.
General
Terms Of Service are subject to change without
any prior notification.
These Terms of Service are a legally binding
contract between the subscriber and DedicatedServer.net.au
By opening an account, the subscriber agrees
to the above-stated terms.
Anything not listed in the Terms of Service
is open to interpretation and change by DedicatedServer.net.au
administrators without prior notice.
All prices, with the exception of the 30-day
money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service
will result in termination of the account. DedicatedServer.net.au
maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account
with 15 days prior notice.
