By ordering and activating your account with PerfectHost (ABN: 15 471 468 055), all customers agree to the following terms, conditions, policies and disclaimer. Upon requesting an account activation, customers are required to accept these terms, conditions, policies and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
1. The term "PerfectHost" refers to PerfectHost (ABN: 15 471 468 055). The "Client" is any person nominated by the customer who is authorised to use the account. The "Customer" means the Customer and their designated users right to use the service.
1.1 By using the services of PerfectHost, the user agrees to the following terms and conditions.
1.2 This agreement commences on the date we send you our welcome message to the email address specified on the order form. This message contains all information required for you to upload your site and continues until terminated in accordance with this agreement.
1.3 The Client must pay to PerfectHost the Hosting Fee and Setup Fee and excess bandwidth usage in advance.
1.4 Upon the accounts renewal date, the customer must pay all fees due with 14 days. Failure to pay within 14 days may result in suspension of access to the web site, both uploading and downloading. Failure to pay before your next due date will result in your account being closed.
2 Service
2.1 Scheduled Maintenance - PerfectHost must perform scheduled maintenance to servers from time to time. PerfectHost will attempt to perform all scheduled maintenance at times that will affect the least amount of Clients.
2.2 Unscheduled maintenance may be needed to be performed due to data corruption, service failure or equipment failure. PerfectHost will endeavour to inform you via email or under our member services section on our web site with details of any outage.
2.3 The services provided by PerfectHost are expected to change as technology changes and systems upgraded. PerfectHost reserves the right to change any service offered or the feature of any service offered or its systems without notice, including changes to access and use procedures and all system hardware and software.
3 Warranties and Liabilities - PerfectHost does not warrant that
3.1 Its services and its systems will be uninterrupted or error free.
3.12 the services will meet the Client's requirements, other than as expressly set out in this agreement.
3.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of PerfectHost for any breach of the term will, if permitted by that statute be limited, at the option of PerfectHost, to any one or more of the following:
3.2.1 the supply of the services again; or
3.2.2 payment of the cost of having the services supplied again
3.2.3 The Client warrants that at the time of entering into this agreement it is not relying on any representation made by PerfectHost 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 produced by PerfectHost.
3.2.4 The Client warrants that it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
3.2.5 The Client warrants that it will keep secure any passwords used to upload data to the Server.
3.2.6 The Client warrants that all data uploaded onto the server under this agreement will not expose PerfectHost to the risk of any claim, legal or administrative action or prosecution.
3.2.7 PerfectHost reserves the right (but is under no obligation) to remove from Internet Access any part of the Client Data that. in PerfectHost's opinion, infringes any of the warranties set
out in this agreement.
3.2.8 PerfectHost has no obligation to review or edit content of the Client Data.
3.2.9 The Client is solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to the Client Data to PerfectHost.
3.2.10 The Client will not use the PerfectHost Service to send unsolicited email.
3.2.11 If there is any claim against PerfectHost due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold PerfectHost harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim.
4. Termination
4.1 PerfectHost may terminate the Service for any reason by giving The Customer (7) days notice.
4.2 In the event that The Customer terminates use of the Service, The Customer shall give PerfectHost (7) days notice and will NOT be given refund of any prepaid amount.
4.3 Notwithstanding anything herein contained, PerfectHost may terminate the provision of the Service without notice if The Customer breaches any of these terms and conditions.
4.4 PerfectHost, in its sole discretion, reserves the right to temporarily suspend the Service for any reason.
4.5 On termination or expiry of this agreement for any reason, PerfectHost may delete all Client Data from any storage media.
5. General
5.1 Content:: All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian, United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service, which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. In addition any site selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links: Pirated software & Warez Sites (including torrents of Warez & Pirated Software); Hackers programs or archives; ; Irc Bots; Mp3 or any other method of distributing copyrighted music/sounds. We will be the sole arbiter as to what constitutes a violation of this provision.
5.2 Traffic Guidelines - Distribution points; Any site whose primary purpose is file distribution CGI Scripts
5.21 Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI or other form of scripts that effects normal server operation.
5.3 Chat Rooms: We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for free or a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
5.4 Background Running Programs: We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
5.5 IRC: We currently do not allow IRC or IRC bots to be operated on our servers.
5.6 Commercial Advertising - Email: Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $200AUD penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
5.7 Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
5.8 Refusal of Service: We reserve the right to refuse or cancel service at our sole discretion. 6 Miscellaneous
6.1 The Client grants to PerfectHost a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement.
6.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties
6.3 The Client may not assign its rights and obligations under this agreement without the prior written consent of PerfectHost.
6.4 PerfectHost will process your preferred method of recurring payment on or after your account anniversary by your preferred method of payment. Your preferred method will be indicated by the order form. You may change this method at any time by contacting PerfectHost.
6.5 PerfectHost will communicate to you via your last known email address. It is the clients duty to inform us of any account changes, failure to do so may result in suspension/closure of your account due to unpaid accounts.
6.4 PerfectHost reserves the right to modify these terms and conditions at any time without notification. |
