1 Hosting services
The following clauses apply specifically to hosting services provided by us.
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
1.2 Hosting setup
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
- Payment is not cleared or received in full
- We believe the order, information or payment is fraudulent
- You have any funds outstanding with relation to any other account
- The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy
- There is any other reason which we deem satisfactory
We may send notification of hosting activation however:
- Your contact details must be correct and up to date
- This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.
1.3 Loss of service
We will endeavour to maintain network stability and satisfactory service levels, however:
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
- We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Webics, our suppliers or any third party
- We may, at our discretion provide notification of outages whether planned or unplanned
- You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party
If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details provided by you upon registration. We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Webics. Without limitation to the above, we may charge an administration fee of $25.00 for any dishonoured cheques. You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.
1.5 Suspension and cancellation
We reserve the right to suspend/cancel any/all service, including all domain names if:
- You have any outstanding invoice or account
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
- You fail to comply with any provision in this agreement or those referenced in this agreement
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights
- We deem your use of our services may jeopardise the operation of the service, Webics or our suppliers
- We deem any other reason as satisfactory to protect Webics, our staff and/or our suppliers
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
- We may immediately delete all data held prior to cancellation
- We may perform any action without notice
1.6 Acceptable use policy
It is your responsibility at all times to:
- Use our service and services in a manner which does not violate any applicable laws or regulations
- Respect the conventions of the newsgroups, lists and networks that you use
- Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
- Respect the privacy of others
- Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
- Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
- Ensure your use of our services remains ethical and in accordance with accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws. It is not acceptable to use our service(s) to:
- Violate copyright or other intellectual property rights;
- Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
- Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
- Misrepresent or defame others
- Commit fraud
- Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
- Damage, modify or destroy the files, data, passwords, devices or resources of Webics, other users or third parties
- Engage in misleading or deceptive on-line marketing practices;
- Conduct any business or activity or solicit the performance of any activity that is prohibited by law
- Make an unauthorised transmission of confidential information or material protected by trade secrets
- “Spam” or engage in “spamming” activities
- Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
- Post or transmit defamatory, harassing, abusive or threatening language
- Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
- Facilitating a violation of this Acceptable Use Policy
- Perform any other action through utilisation of any service which we deem unsatisfactory
- Attempt to do any of the above
You also agree not to attempt any of the following:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
- Run any type of interactive real-time chat applications that require server resources. Remotely hosted scripts are not allowed
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
- Run any software that interfaces with an IRC network.
- Run any gaming servers/services
- Any activity which causes the server to crash/restart
- Check your email more than every 3 minutes
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions. Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.
1.7 Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied. You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee’s asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees. You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Webics
- Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
- Any breach of any representation or warranty provided herein
- Any negligence or wilful misconduct by you
- Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
- Any defective products sold to customers from our server
By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Webics. Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Webics, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
2 Domain names
In respect of domain names, we advise you that we are a reseller for the auDA accredited registrar AussieHQ and a reseller for the registrar Enom Inc.
2.1 Registering of domain names
We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event. We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
2 .2 Renewal of domain names
You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services. You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date. If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
The following clauses apply specifically to refunds.
3.1 General Refunds
Webics will not issue refunds to users who have their account terminated by us, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees. Refunds will not be granted for any projects/services which have already been initiated. In the event you are eligible the amount paid will be credited to your client account.
5 Dispute resolution
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement. This clause shall survive termination of this Agreement.
This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.
Terms subject to change at any time without notice.