HostingBay.com.au
provides web hosting to many clients, and we have a responsibility
to protect each client and to provide the best services available.
The following guidelines were established to ensure these obligations
are met.
CONTENT: All services provided by HostingBay.com.au
may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material in violation
of any Australia Federal, State or Local 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 harmless HostingBay.com.au and
its employees 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 on all
HostingBay.com.au servers. This includes sites that may infer
sexual content, or links to adult content elsewhere. HostingBay.com.au
will be the sole arbitrator in determining violations of this
provision.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to HostingBay.com.au
servers or any other server on the Internet. Links to such materials
are also prohibited.
HostingBay.com.au reserves the right to remove such illegal
material from its server immediately.
HostingBay.com.au will be the sole arbitrator as to what constitutes
a violation of this provision.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an Site
Host server or using an email address or domain that is maintained
on an HostingBay.com.au machine as a reference is STRICTLY prohibited.
Accounts in violation of our spamming policy WILL BE DELETED
WITHOUT NOTICE. HostingBay.com.au will be the sole arbitrator
as to what constitutes a violation of this provision.
HostingBay reserves the right to charge up to $500.00 per spam
complaint to cover administrative and email clean up fees.
Background Running Programs:
We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra charge
will be incurred based on system resources used and operational
maintenance needed.
TECHNICAL SUPPORT:
HostingBay.com.au does not provide technical support on non-server
issues. We WILL NOT respond to emails pertaining to such requests.
This includes but is not limited to, all 3rd party software,
Java, CGI, scripts, Real Audio/Video, applications utilized
in developing your web site, including HTML, MySQL, Telnet,
FTP, Email Clients.
SERVER ABUSE:
Any attempt to undermine or cause harm to a server, or customer,
of HostingBay.com.au is strictly prohibited.
REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
LIMITATION OF LIABILITY:
HostingBay.com.au shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise
from HostingBay.com.au servers going off-line or being unavailable
for any reason whatsoever. Furthermore, HostingBay.com.au shall
not be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or deletion
of any web site from one of HostingBay.com.au servers. All damages
shall be limited to the immediate termination of service.
Failure to follow any term or condition will be grounds for
immediate account deactivation.
DISCLAIMER:
HostingBay.com.au cannot be held liable for system downtime,
crashes, or data loss. We cannot be held liable for any predicted
estimate of profits in which a client would have gained if their
site was functioning. Certain services provided by HostingBay.com.au
are resold. Thus, certain equipment, routing, software, and
programming used by HostingBay.com.au are not directly owned
or written by HostingBay.com.au. Moreover, HostingBay.com.au
holds no responsibility for the use of our clients accounts.
If any terms or conditions are failed to be followed, the account
in question will be automatically deactivated.
ACCOUNT ACTIVATION:
By activating your account with HostingBay.com.au, you agree
to the above policies and disclaimer. Upon requesting an account
activation, you are required to accept these Terms, Conditions
and Disclaimer and a copy of your acceptance is forwarded along
with your activation request to be maintained within your account
information.
NOTICE: If you sign up for an account and do not follow our
terms. No refunds will be given. We will however let you know
by email or phone before any action is taken so you will have
a chance to solve the matter.
ACCOUNT CANCELLATION:
You can cancel your account anytime within the first 30 days
of service and receive a refund on the web hosting fee.
You can cancel your account anytime before your next billing
date and not incur any charges for the next billing period.
You may request cancellation by using the link in the members
area or send an email to billing@HostingBay.com.au.
Be sure to include your domain name and password. HostingBay.com.au
will ask you to confirm cancellation.
HostingBay.com.au retains the right to change any or all of
the above Term, Conditions, and Disclaimer without notification.
PAYMENT POLICES:
All accounts are setup automatically, a Confirmation emails
should arrive within 15 minutes to the email specified in your
online signup form. Customers credit card is charged on the
same day when the account is open. Payment is due each anniversary
month or period following the date the account was established.
HostingBay.com.au may run a transaction at least 5 days in advance
to anticipate a declined credit card. This will give the customer
at least 4 days from the due date to run the transaction. If
the transaction is run at least 3 times, and the client fails
to update the credit card, the account will be suspended and
or terminated without further notice. In some cases if a problem
arises with the account, the user will be notified via e-mail.
If within the first ten (10) days of account activation, a full
refund will be credited to credit card on file. All accounts
are set up on a prepay basis. HostingBay.com.au reserves the
right to change prices at any time. Credit card orders that
are on a 'monthly' or 'quarterly' or 'yearly' basis will be
charged automatically to the card number on file. If for any
reason the card does not clear with the bank on three attempts,
the account is subject to suspension. Any account not brought
current within a week of e-mail notice or exceeding this time
frame in any way is subject to suspension. If a bank 'charge
back' is processed against our account, the account in question
will be terminated immediately.
TRAFFIC and STORAGE POLICES
HostingBay.com.au allocates a set amount of storage and bandwidth
per customer. If customer exceeds or is about to exceed the
allocated amount of storage or traffic, HostingBay.com.au will
send a courtesy notice to customer with further options and
pricing.
High Resource Policy
Any site that is deemed as impairing the performance of our
servers either by high disk utilization, high bandwidth usage,
or high CPU usage will be entered into our "High Resource
Customer" program. High Resource sites are sites that use
an excessive amount of system resources such as bandwidth, storage
or CPU utilization. It is HostingBay.com.au's sole discretion
to decide which sites are "High Resource" sites.
Sites who have been deemed as a "High Resource" site
will be subject to the following:
HostingBay.com.au will charge your credit card on file $250.00
as a security deposit per occurrence of our HRP or violation
of any of our rules. If within 30 days the abuse in question
has been deemed fixed, then we will issue a refund to the credit
card the total amount of the security deposit.
A $300 per month fee will be added to the user's current monthly
fee if the problem is not fixed within the set amount of days
outlined in the Notice sent to the client by email.
"What does HostingBay.com.au consider "CGI ABUSE"?
Any site whose CGI programs are using excessive amounts of system
resources. Excessive amounts is defined as any amount that results
in substantial degradation of server performance. HostingBay.com.au
is the sole determinant of what constitutes degraded server
performance.
Report SPAM here:abuse@hostingBay.com.au.
HostingBay is an online division of Hitech United Australia Pty. Ltd.
A registered company incorporating in Melbourne Victoria Australia (ABN:
53 073 181 441). 378-380 Johnston Street,
Abbotsford, Victoria 3067, Melbourne. Australia Telephone: 61-3-94173368
Facsimile: 61-3-94173360
Emailus: Support@HostingBay.com.au
Copyright (c) 2002 -2005. HostingBay
