Additional Terms and Conditions – Website & Email Hosting
1. Web Hosting are quoted on a a 12-monthly basis period that is invoiced quarterly or yearly in advance. Cancellation of hosting services may incur penalties or additional payments depending on the circumstances.
2. Disconnection or termination of any services requires a minumum 1-month prior written notice to Team LinSec Pty Ltd (‘we’ or ‘us’).
3. We may be acting as a reseller of web hosting services or facilities and wherein this occurs, you agree to be bound by the terms and conditions imposed by the original service provider.
4. We are not responsible for any content placed in your web site. You are solely responsible for content and legal implications of such content.
5. You agree to comply with the Acceptable Usage Policy as it relates to your website.
6. Any Bandwidth used over the stated limit incurs a 15c/Megabyte charge. This fee may be amended without further notice.
7. We reserve the right to terminate any hosting service without notice for breach of any of the listed terms and conditions and/or acceptable usage policies.
8. All prices are inclusive of GST unless otherwise noted. “GST” means the tax imposed by The Goods and Services Tax Act 1999 (Cth) and related imposition Acts of the Commonwealth
9. You acknowledge that your website may suffer downtime at anytime. We will use best endeavours to maintain uptime of your website but we make no representations about expected uptime percentages of the webservers.
10. You agree that we can deactivate your website without notice, if your website is or is likely to damage other parties websites including virus distribution, hacking vandalism or unreasonable web traffic.
11. Our liability to you for all loss or damage suffered or incurred by you in connection with this Agreement, any Software or the Services (including all loss arising from any breach by us of this Agreement, our negligence or any breach of statute) is limited as follows:
11.1. we will not be liable to you for any indirect or consequential loss (including loss or corruption of data or loss of profit); and
11.2. we will be liable to you for other types of loss or damage but our entire liability to you will be limited to the Fees paid to us by you under this Agreement in the 12 months prior to the date the cause of damage occurred, less:
all GST paid in relation to those Fees; and
all amounts already paid or payable to you by us during that period for any other claims made by you relating to this agreement.
7.3. You agree that you have not relied on any representations made by us which are not set out in a written agreement between yourself and us.
12. You indemnify us and our related bodies from and against all losses, damages, claims, actions, expenses and other liability arising from your performance, non- performance or breach of this Agreement or your use of the Service or your website.
13. Notwithstanding any other provision of this agreement, neither party will be liable for any failure to fulfil any term of this Agreement if such fulfilment is delayed, prevented, restricted or interfered with for any reason outside that party’s control, including without limitation any act of God, inclement weather, failure or shortage of power supplies, floods, drought, lightening or fire strike, lock-out, trade dispute or labour disturbance, any act or omission of any governmental agency, highways or authorities.
14. The party unable to perform its obligations must:
14.1. Notify the other party promptly of any delay; and
14.2. Use its best efforts to resume performance in accordance with this Agreement as soon as possible.
14.3. If any event referred to continues for more than 1 month, then this Agreement may be terminated forthwith by either party giving notice to the other party.
15. We may subcontract all or any part of the hosting to third party providers without notification to you.
16. We may make reasonable amendments to these terms and conditions without further notice to you.
Acceptable Usage Policy
The purpose of the acceptable usage policy is to make it clear exactly what activities must NOT be engaged when utilising any of our services.
1. Email and Message abuse. The act of sending unsolicited email or messages (otherwise known as “spam”), or allowing other parties to send such email through your account is not acceptable. Content, photos, videos, emails and messages that contains material that is or is likely to offend third parties (including hate speech, racist, sexist, pornography, indecent material, swearing, defamatory, and/or slanderous material) is not acceptable. Upon receipt of complaints regarding any of these activities we will act to prevent such further occurrences. This may include account suspension or cancellation.
2. Forging Headers. Forging or modifying email headers to hide or mislead your identity will not be accepted. Upon receipt of complaints regarding any of these activities we will act to prevent such further occurrences. This may include account suspension or cancellation.
3. Illegal or unathorised access. Gaining or attempting to gain illegal access, or access without authorisation to computers, networks or accounts owned by us or any external party will not be accepted. Upon receipt of complaints regarding any of these activities Team LinSec Pty Ltd will act to prevent such further occurrences. This may include account suspension or cancellation.
4. Copyright and intellectual property violations. We do not and will not monitor or interfere with content published on our servers unless proper notice is served advising of an infringement of copyright or intellectual property. Upon receipt of complaints regarding any of these activities we will act to prevent such further occurrences. This may include account suspension or cancellation.
5. Service Abuse. If scripts or services have been identified in a clients environment that abuse bandwidth and/or server performance (for example IRC scripts, file downloads etc), hosting services may be disabled without notice. All due care is taken to ensure customers are made aware of this situation, however should the customer ignore this, service may be terminated. Customers are encourages to inform us of any potential script or issue that might question this AUP before installing the script .