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Terms
Of Service and Policy
Proprietor
- Gordon Craven
AustralianBusinessCards.com
PO
Box 117
GLENORCHY TAS 7010, AUSTRALIA
A.B.N.
64 517 410 881
The
proprietor, reserves the right to change this Policy
any time, so please, check this page at least once a
month or when in doubt. The proprietor, strives to provide
the best possible service to all customers, but will
not tolerate any unlawful activity or abuse on the servers.
The proprietor, respects and encourages freedom of speech
and expression unless it is unlawful.
The
proprietor's services are provided on an "as is"
basis. The first month's hosting is provided FREE to
test the hosting out with absolutely no obligation to
continue if not satisfied. Credit card details are required
but will not be charged.
Contract
and Setup Fees Policy:
The proprietor, does not require a customer to enter
a contract for any period of time apart from a month
to month arrangement. There are no setup fees or charges
unless the proprietor is requested to perform additional
service/s where a quote will be provided.
The
proprietor's services are provided on an "as is"
basis, you need to understand the basics of how to construct,
optimise and upload your website. Documentation of the
Control Panel features is available at the Control Panel.
It is the customer's responsibility to set up email
accounts in the Control Panel and ensure they are tested
and working properly. The proprietor accepts no responsibility
for lost emails.
Sites
can be managed and updated by the the proprietor as
an extra service at a fee that can be negotiated.
FREE
Hosting for environmental projects Policy:
The proprietor provides FREE ongoing hosting to selected
Australian non profit environmental projects. The offer
is only available while spare server space and bandwidth
is available. The proprietor shall be the sole arbitrator
for providing this discretionary service and Policy.
The
proprietor's services are provided on an "as is"
basis, you need to understand the basics of how to construct,
optimise and upload your website. Documentation of the
Control Panel features is available at the Control Panel.
Storage Policy:
Each site comes with a predetermined 20mb of storage
space. The proprietor has found this to be more than
adequate for most websites such as are listed on the
front page
as sites being currently hosted.
A
primary reason of the cause of a site to exceed 20mb
can be that picture files are way to large because they
have not been compressed to an optimum size.
Should
your account require extra storage this can be accommodated
by letting the proprietor know your requirements, the
proprietor can tailor a plan to your specific needs.
Your
use of the service is at your sole risk. The
proprietor
is not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain backups of all
files and data stored on the servers. There is a backup
Facility at the Control Panel.
Traffic
Policy:
The proprietor, allows for very generous traffic, and
most sites never exceed 500mb per month, unless they
offer shareware, sound, video, image and multimedia
archives, are mirror sites or any site whose primary
purpose is file distribution.
99% of the sites do not fall into this category and
never reach the traffic limits.
Customers are discouraged from storing any files that
cause excessive traffic on the servers. A primary reason
of the cause of excess traffic can be that picture files
are way to large because they have not been compressed
to an optimum size. Large picture files that are not
optimised also cause slow download times.
Should
your account (including free accounts) require extra
bandwidth this can be accommodated at the fee shown
below.
All account plans come with a predetermined 500mb amount
of traffic allowance. The proprietor monitors all accounts
and bills a AUS$2-00 for each 100mb of traffic exceeded.
You will NOT be charged for transfer that you use beyond
the transfer limits without prior notification. You
can monitor your transfer at anytime in your Control
Panel.
Should
your require the 500mb limit to be permanently increased,
the proprietor can tailor a plan to your specific needs.
(The
proprietor does not offer the huge bandwith as offered
by some hosting firms. Massive bandwidth offers at budget
prices are useless and would never be utilized and can
only be offered by improper overselling of bandwidth
capacity.)
Uptime
Policy:
The proprietor, endeavors to achieve an honest 99.5%
Uptime. This means site may occasionally go down for
a variety of reasons. The proprietor, does not guarantee
or warrant the Uptime but says that if a customer is
unhappy with the Uptime achieved the customer is free
to cancel the account and receive a refund for the component
of the month not used. A limited overlap time will be
hosted for free to allow the customer to relocate.
The
proprietor makes every effort to have the servers operational
at all times. However, due to the nature of internet
connections and your ISP (internet service provider)
your website and email may not be available from time
to time, even though the systems are operating perfectly.
A
100% Uptime account is hoped to be introduced as
an optional extra at some time in the future, subject
to demand.
Control
Panel Policy:
The proprietor, reserves the right to change Control
Panel features at any time without notice.
Support
Policy:
The proprietor will assist where possible in the setting
up of the hosting and domain purchase or delegation,
but generally does not provide support services for
enabling or running the Features in the Control Panel.
The customer will need to understand the enabling and
running of any of these Features (that are required)
from the documentation provided at the Control Panel.
Payment
Policies, Fees, Refunds and Terms of Agreement:
Apart for the FREE offers, full payment per month is
required before any hosting service is rendered, which
includes renewals. All payment-due notices will be sent
by electronic mail. No bills or invoices will be sent
by postal mail or fax. Prepayment is due each anniversary
(one
month) following the date the account was established.
Billing will continue until you cancel your hosting
account. You may cancel at anytime, there are no
cancellation fees. There are no credits or refunds
for hosting time already expended.
If cancellation is done by the proprietor due to restrictions
violation, there will be no refund. The proprietor will
only allow for the discount if cancellation is not the
fault of the client.
A
name, postal address and telephone number is required
for our records, and you have a continued obligation
to keep this information current. You also agree that
you are an authorized user of any credit card that you
supply to us, and you understand that we will co-operate
fully with authorities in the case of any misuse of
credit cards.
Account Cancellation:
You may cancel at anytime. To cancel your account, please
send a message from the
front page. Notification of cancellation must be
received at least ten business days prior to your cycle
date, with the cycle date being the day of the month
you sign up, in order to avoid charges in full for the
next cycle. It is the Clients Responsibility to secure
email confirmation from the proprietor that the account
has been canceled. If the client has not yet received
email confirmation of account cancellation, then the
account remains active, and you will continue to be
invoiced.
If Client has a balance due at the time of cancellation,
this balance must be paid in full. Cancellation does
not absolve Client of any outstanding financial obligations.
Indemnification Policy:
You agree to use all the proprietor's, services and
facilities at your own risk. In no event shall the proprietor
be liable for any loss, or loss of data, or other commercial
damage, including but not limited to special, incidental,
consequential or other damages.
The proprietor shall be the sole arbitrator of what
violates this Policy.
SPAM Policy:
The proprietor is committed to a zero-tolerance, anti-spamming
policy. Under this policy, Spam, or any unsolicited
commercial email, is prohibited.
Content Policy:
All services provided by the proprietor may be used
for lawful purposes only. The subscriber agrees to indemnify
and hold harmless the proprietor from any claims resulting
from the use of the service which damages the subscriber
or any other party.
Pornography and sex-related merchandising is prohibited.
The
proprietor will be the sole arbiter in determining violations
of this provision.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to the proprietor's
servers or any other server on the internet. Links to
such materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
• Illegal MP3's
• Child Pornography
The proprietor, will be the sole arbiter as to what
constitutes a violation of this provision.
Email Policy:
This hosting service, may not be the source, intermediary,
or destination address involved in the transmission
of any unsolicited email, email bombs, hate email, or
any mass email. Your email account may not be referenced
as originator, intermediary, or reply-to address of
such email.
Scripts Policy:
The proprietor provides customers with Web Hosting accounts
that permit the use of CGI files, PHP scripts, and other
executable programs. Because these scripts use much
more system resources than standard HTML pages, certain
restrictions must be made governing the use of such
"active content" systems. We regret that in
many cases we are unable to determine what specific
script or application is causing the system resource
over-run. The following rules apply to all "active
content" files as listed above:
* The script must use low system resources. Scripts
that consume a large amount of our RAM or processor
will be subject to immediate suspension until the owner
can be notified and an alternative solution is reached.
* Each user account may not use more than 20% of system
resources at any given time. If an account is consistently
using 20% or greater system resources, the account holder
will be warned and if no action is taken on behalf of
the account holder the account may be suspended.
* The scripts may not interact with any server configuration
or hardware. Accounts running these scripts are subject
to immediate account termination without refund.
* The script can not be used or referenced from any
other site not hosted by this hosting service.
* The script must execute in a timely fashion. Any script
that uses the processor for more than a few milliseconds
is subject to removal.
* Any script that appears to be designed specifically
to attack or otherwise maliciously affect the server
is completely unacceptable, and if such scripts are
found in your account the account will be terminated
immediately and your actions will be reported to the
proper local, state, and federal authorities and legal
action will be taken to prosecute the account holder
to the fullest extent of the law by the proprietor.
* Perl-based chat room scripts are strictly prohibited.
* Scripts that require high-bandwidth usage, such as
non-Perl chat room scripts or banner rotation scripts,
will be allowed to run only on a high-end accounts that
are negotiated.
* Scripts must be kept secure. Unnecessary chmoding
scripts to 777 is a violation of this policy. Keeping
scripts in a publicly viewable directory (one without
a index.html file) is also in violation of this policy.
Any
accounts with scripts found in violation of these policies
are subject to closure of the account. If a script is
found to be harmful to the system, it will be killed
immediately and the account locked down. Malicious scripts
are subject to immediate account termination without
refund of any pre-paid monies.
CGI/PHP/ASP
Scripts Policy:
Cgi script sharing with domains not hosted the proprietor
is not allowed. Any cgi-scripts deemed to be adversely
affecting the server performance or the network integrity
will be shut down without prior notice. See our Script
Usage Policy for more details.
Database
Policy:
Any database stored on the server shall be limited in
size to 20% of the total disk space allotted for a particular
domain.
Chat
Rooms Policy:
The proprietor does not allow clients to install their
own chat rooms. Chat rooms tend to be large system hogs
and we cannot permit it as an account option. The proprietor
does provide chatrooms which should meet most users'
needs and run without hindering the performance of the
machine of our servers.
Background
Running Programs and Cron Jobs Policy:
The proprietor does not allow background Daemons such
as IRC bots; eggdrop; BitchX; XiRCON; and any other
program that interferes with normal server operation.
Modification
Policy:
The proprietor reserves the right to add, delete, or
modify any provision of this Policy at any time without
notice.
Provision
of Service Policy:
The proprietor reserves the right to refuse, cancel,
or suspend service at the the proprietor's sole discretion.
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