Hosting Terms and Conditions

Definitions

You must agree to the following Terms and Conditions to have your website hosted by Net Solutions.

Allowed content

Net Solutions does not allow storage and/or display of the following material on its servers. This includes uploading to websites, or transmitting by any material (by email, uploading, posting or otherwise).

Adult Sites

We prohibit any adult (pornographic) websites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and even pornographic advertisements on your own site.

Illegal use

Net Solutions services may not be used for illegal purposes, or in support of illegal activities.

Copyright or trademark infringement:

Use of the Net Solutions service to transmit any material (by email, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Distribution of Viruses, Spyware, and Malware:

Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer users knowledge and consent is prohibited.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed.

You are responsible for sending mail in accordance with any relevant legislation, including but not limited to, the Commonwealth Spam Act (2003) and for sending the same in a secure manner.

Sending spam emails which include links to a website hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.

Server Use

We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.

You may not use your site to publish material, which Net Solutions determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You must take resonable steps to protect the security of our servers. This includes, but is not limited to:

The following constitute violations of Net Solutions Terms and Conditions:

Illegal use

Net Solutions services may not be used for illegal purposes, or in support of illegal activities. Net Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors

Use of the Net Solutions service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats

Use of the Net Solutions service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment

Use of the Net Solutions service to transmit any material (by email, uploading, posting or otherwise) that harasses another.

Fraudulent activity

Use of the Net Solutions service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,”
“hyip schemes,” and “chain letters.”

Forgery or impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial email / Unsolicited bulk email (SPAM)

Use of the Net Solutions service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

Unauthorized access

Use of the Net Solutions service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Net Solutions or another entity’s computer software
or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

Fraudulent links

Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.

Servers and Proxies

Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.

File Sharing and Bit Torrents

Use of software and scripts for “file sharing”, “bit torrents” or similar is not allowed
on our servers. This includes sending or receiving files using these mechanisms.

Scripts and Applications

You are responsible for ensuring that any scripts or applications that you install or have installed
are updated as required in order to not compromise the security of our servers. This includes, but is not limited to:

If an installed script or application on your site is compromised, we may require a clean up up of your site (see below) at our discretion.

Server maintenance

It is necessary for Net Solutions to perform periodic maintainence, software updates and upgrades and replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintainence, upgrade or exchange the server, for no more than 4 hours. In this event, the users
will be sent an email at least 24 hours before the due date and time for maintenance.

Responsibility

Net Solutions cannot be held responsible for any damage caused to your business or yourself, even if the damage is directly caused by one of our employees. Net Solutions cannot be held responsible for any loss of data or service interruption.

You, as a Net Solutions customer, are solely responsible for the content stored on and served by your website.

Backups

We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We may agree to restore a backup of your site that we or you have made, however we may charge a AUD$33 fee for doing so.

You are responsible for maintaining adequate backups of all your content.

Technical Support

Dedicated and Colocated Hosting

Dedicated and Colocated services do not include hardware and software support. Net Solutions merely providesthe facility, connectivity and bandwidth. Support is provided for these services over the phone via our general support number.

Shared Hosting

Net Solutions provides hosting support as part of your hosting service. This is limited to any issues caused by Net Solutions or its suppliers. Support is provided 24 hours a day, 7 days a week free of charge.

Support for any issues caused by anyone other than Net Solutions, is billable on a time and materials basis, billed at our Standard Support Rate. Support Requests that are identified (by you) as urgent, will be billed at our Priority Support Rate.

Technical support to our customers by way of raising a Support Ticket.

Modification

We may modify any of these Terms and Conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these Terms and Conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s).

Uptime and Availability

We shall use all reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

If the specified targets for our hosting plans are not met, we will, on request, credit your hosting with 1 day for each hour your site is down, up to a maximum credit of 30 days in any calendar month.

You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount of Bandwidth indicated in your current plan your account will be billed for excess usage fees.

Chargeback and Payment Disputes

All payment disputes must be raised via a Support Ticket.

Termination and Suspension

You may terminate your hosting at any time by advising us via a support ticket or via email confirmation.

We may terminate or suspend (temporarily or indefinately) your hosting if you violate any of our Terms and Conditions. We may suspend your hosting where we have reason to suspect a violation of our Terms and Conditions whilst we investigate the suspected violation. We may suspend your hosting where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

No fees will be refunded or prorated to date of termination

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your own backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Cancellation and refund

Cancellations for all hosting plans are not refundable.