Terms of Service
This is an agreement formed between you (being the company, or registered business as set out in the Registration Form) (you) and EZiHosting (EZiHosting). This Terms of Use Agreement does not apply if you obtained the EZiHosting Services through one of our EZiHosting Resellers. In such circumstances, the terms upon which the EZiHosting Services are supplied to you will be governed by the terms of the agreement between you and the EZiHosting Reseller. This Terms of Use Agreement describes the terms and conditions upon which EZiHosting may provide to you and your customers (Users) the use of certain Services (EZiHosting Services). Additional terms and conditions may apply to certain specific services and such additional terms and conditions form a part of this Terms of Use Agreement.
If you have any questions about this Terms of Use Agreement please contact admin@ezihosting.com EZiHosting may amend this Terms of Use Agreement at any time by posting the amended terms on the site ezihosting.com.au. The amended terms will automatically be effective from the date that they then appear. This Terms of Use Agreement may not be otherwise amended. This Terms of Use Agreement was last revised on [20th] March 2002.
1. ELIGIBILITY TO USE EZiHosting SERVICES
EZiHosting Services are available only to companies, and registered businesses who can form legally binding contracts under the law of their jurisdiction and who have properly authorised EZiHosting to charge any relevant Fees against their nominated credit card in relation to use of the EZiHosting Services. Applicants for EZiHosting Services are required to submit a valid ACN, ABN or ARBN. when applicable
EZiHosting uses third parties for some of its registration services and also for some design and coding work.If you are a company or an entity other than an individual, by completing and submitting the Registration form you represent and warrant to EZiHosting that the person completing and submitting the Registration form is fully authorised to contract on your behalf and in your name.
2. TERM
The term of this Terms of Use Agreement commences on the date on which EZiHosting accepts your application to receive the relevant EZiHosting Services (Acceptance Date) and continues until terminated under this Terms of Use Agreement or otherwise. Clauses 7, 8, 9, 10, 12, 13 and 14 will survive the termination or expiry oft his Terms of Use Agreement.
3. EZiHosting SERVICES
The EZiHosting Services are those services which are described on the EZiHosting Website from time to time. This Terms of Use Agreement governs the terms on which any EZiHosting Service provided to you by EZiHosting is supplied.
EZiHosting reserves the right to change the nature, type and/or extent of the EZiHosting Services it offers without notice, at any time. EZiHosting will notify you of any such changed by posting information on the EZiHosting Website.
Any information provided by EZiHosting on its Website about the EZiHosting Services (including, without limitation, information about eligibility criteria, duration of offers, liability for fees, amount of fees, extent of services, limitations on availability) forms part of the this Terms of Use Agreement. EZiHosting reserves the right to amend or vary such information by posting such amended or varied information on the EZiHosting Website and you agree that any such amendment or variation so posted on the Website is effective to vary this Terms of Use Agreement. In order to receive EZiHosting Services you must: - apply to EZiHosting using the Registration Form; - pay or agree to pay any relevant Fees; and- comply with any additional terms and conditions in relation to those services, including: · in relation to Domain Name Services any policy, rules, procedures and terms applicable to top level domain name registrations (TLD Policy); · in relation to free trials additional free trial terms [link to Attachment].Without limiting the provisions of clause 10, in relation to any Internet Access provided to you by EZiHosting: - You acknowledge and agree that other persons may also be responsible for the provision of Internet Access. The service is not guaranteed against faults,delays or outages which occur beyond EZiHosting's control. - EZiHosting will endeavour to make any Internet Access service available 24hours a day 7 days a week, except for downtime which is necessitated through upgrades or remedial or preventative maintenance or undetermined faults which occur and are outside EZiHosting's control.In relation to any Domain Name Services provided to you by EZiHosting: - EZiHosting will use its best endeavours to register for you on the TLD registration of your choice, the domain name requested in the Registration Form. Each domain name registration (if procured) is subject to any relevant TLD Policy.
For a number of reasons, it may not be possible for EZiHosting to register your preferred domain name, including where the domain name is already registered or where such a registration is prohibited by the governing domain name registration authority in a jurisdiction. In these circumstances, you will have to choose an alternate domain name.
You may not subscribe for more than one package, either at the same time or sequentially, which is stated to be an introductory, trial or free offer,including without limitation Free Packages or free trials.
4. CONTENT
You must ensure that all information and material supplied by you to EZiHosting (Content), its technical quality and any activity contemplated by this Terms of Use Agreement complies with all Applicable Laws (as defined in clause 15 below) and does not infringe or breach the rights (including Intellectual Property Rights) of any other person. You must also ensure that all of Your Information (as defined in clause 15 below) contained in the Content is accurate and up-to-date.
If EZiHosting becomes aware that any Content stored by you using EZiHosting Technology may contravene this Terms of Use Agreement, EZiHosting may in its absolute discretion, and without any liability to you, exercise any of its rights under clause 13, or remove that information or any part of the Content from the EZiHosting Technology without giving you Notice (as defined in clause6(g)). EZiHosting will use its reasonable endeavours to notify you if this involves any alteration or deletion of any of your Content. However, if EZiHosting does not notify you, this will not affect EZiHosting's right to remove that Content or any part of it.
5. FEES
You must pay the applicable Fees to EZiHosting. By submitting the Registration Form, you authorise EZiHosting to charge the applicable Fees in advance against your credit card as specified in the Registration Form.
All prices are GST inclusive unless indicated to the contrary in which circumstances, the GST owed is payable by you to EZiHosting in addition to allot her amounts owed under this Terms of Use Agreement.
6. YOUR OBLIGATIONS AND REPRESENTATIONS.
The use of EZiHosting Services is limited to you, your employees, agents and contractors and you agree not to re-sell these services without the prior written consent of EZiHosting. You agree to pay all Fees incurred by you, your employees, agents and contractors and any other person to whom you grant access or to whom you disclose your password or other access details.
You are responsible for ensuring that your activities in relation to the EZiHosting Services are lawful. You must also use your best endeavours to ensure that Users of your Site abide by the obligations which you accept under this Terms of Use Agreement.
You must not:- use the EZiHosting Services in any way which is misleading or deceptive or likely to mislead and deceive or which is unlawful under Applicable Laws. This includes, for example, not reproducing, redistributing, retransmitting,republishing, communicating or commercial dealing with material without authorisation, which could be considered pornographic, obscene, defamatory,constitutes an illegal threat or violates export control laws or infringes the Intellectual Property Rights of others;- spam, download material which is considered to be illegal or use the Internet Access service to intentionally or recklessly distribute viruses.Unless otherwise agreed by EZiHosting in writing, you must not in any way indicate or imply that EZiHosting approves or guarantees the performance,description or quality of any of your Content, or any good, service or web site of yours or of any other person.You hereby grant to EZiHosting (and warrant that you have obtained) all authorisations, licences and consents necessary for EZiHosting to perform its obligations and exercise its rights under this Terms of Use Agreement.You acknowledge and agree that:- Hosting & Email Packages must be hosted at a single domain or sub domain;- EZiHosting may temporarily deactivate or disconnect any of the EZiHosting Services to carry out system maintenance, upgrading, testing or repairs, and you agree to provide all necessary assistance to EZiHosting in relation to any such maintenance, upgrading, testing or repairs;- EZiHosting makes no representation as to the operation of the Site or EZiHosting Technology or whether they will be uninterrupted or error free, that any information obtained from EZiHosting is accurate, as to the title, fitness fora particular purpose, merchantability or standard of quality of any EZiHosting websites or EZiHosting Technology; - EZiHosting does not supply any good or service to Users other than you and in your agreements with Users for the supply of goods or services by you, you must not include any provision that is inconsistent with this Terms of Use Agreement and must include provisions in such Terms of Use Agreements that exclude all responsibility and liability of EZiHosting in relation to such supply; - in exercising any right under this Terms of Use Agreement, EZiHosting will routinely assess whether the Content complies with this Terms of Use Agreement. However, you are solely responsible for ensuring that your Content complies; - an eligible company or registered business .
- EZiHosting will archive your data on to backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last recoverable archive. In the event of corruption of all our archives, or in the event that an old archive is used to restore your data, you should be prepared to upload your current data from your own back-up. This process requires that you maintain a recent copy of your data at your premises at all times as EZiHosting does not warrant or represent that its last recoverable archive will contain your most recent data;and- notices to and from either party (Notices) must be via email. Notices to EZiHosting must be emailed to admin@ezihosting.com.au. Notices to you will be sent to the contact email address you may specify from time to time. Notice will be deemed to be given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that this Terms of Use Agreement does not assign to you any of EZiHosting's Intellectual Property Rights (as defined in clause 15 below) in the EZiHosting Technology, or in any material created by or provided by EZiHosting on its website in connection with the EZiHosting Services or generated by the EZiHosting Technology, unless otherwise stated.
You acknowledge and agree that all Intellectual Property Rights which arise as a result of any activity of EZiHosting, or its employees, agents, suppliers or contractors under or in relation to this Terms of Use Agreement or as a result of the operation of any EZiHosting Technology, vest in EZiHosting on creation unless otherwise stated.
EZiHosting acknowledges that this Terms of Use Agreement does not assign to EZiHosting any of your Intellectual Property Rights in any of your Content or trade marks,service marks, trade names and logos of you or your company or other entity,used or intended by you in connection with the site (Your Internet Marks).
You agree to grant to EZiHosting the Internet Rights in relation to the Content and any part of it for the purpose of fulfilling its rights and obligations under this Terms of Use Agreement.
8. YOUR WARRANTIES AND REPRESENTATIONS
You represent and warrant to EZiHosting that:- you are and at all times will be able to grant to EZiHosting the Internet Rights, licences and other rights contemplated by this Terms of Use Agreement to use all or part of the Content and Your Internet Marks free of all third party liens, claims and encumbrances;- you are the true and lawful owner of the Intellectual Property Rights in the Content and the Your Internet Marks or you have obtained all necessary licences and approvals; and- you have disclosed and will disclose to EZiHosting any actual, threatened or potential litigation in which you have become or may be involved, which relates to the Content or Your Internet Marks, which may materially affect your ability to perform any of your obligations.Nothing in this clause limits the generality of any other warranty or representation in this Terms of Use Agreement.
9. INDEMNITY
You must indemnify EZiHosting against any action, liability, claim, loss, damage, proceeding, expense(including legal costs) (Claim) suffered or incurred by EZiHosting arising from, or which is directly or indirectly, related to:- your breach or non-observance of any term of this Terms of Use Agreement; - any breach or inaccuracy in any of your representations or warranties; or- any action or claim brought by a third party which relates to all or any part of the Content or Your Internet Marks.In relation to a Claim, EZiHosting may require you to conduct the defence,including negotiations for settlement or compromise prior to the institution of legal proceedings or modify, alter or substitute any potentially infringing part of the Content or Your Internet Marks at your own expense, to render the Site or EZiHosting Technology non-infringing. You must comply with any requirement notified to you in accordance with this clause.
10. EXCLUSIONS AND LIMITATIONS OF LIABILITY
To the full extent permitted by law, EZiHosting expressly disclaims and excludes any representation or warranty implied under or in relation to this Terms of Use Agreement, the performance of this Terms of Use Agreement or any activity contemplated by this Terms of Use Agreement.
In respect of its liability under or in relation to any EZiHosting Services provided under this Terms of Use Agreement, the performance of this Terms of Use Agreement or any activity contemplated by this Terms of Use Agreement whether for breach of contract, tort or under any statute or otherwise, EZiHosting:- excludes its liability for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you;- expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at EZiHosting's sole discretion):- in the case of goods - any one or more of the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; or- in the case of services - the supply of the services again or the payment of the cost of having the services supplied again.Nothing in this Terms of Use Agreement is intended to limit or exclude any liability on the part of EZiHosting where and to the extent that an Applicable Law prohibits such exclusion or limitation. If any part of this clause 10 would be void or unenforceable but may be read down or severed in order to render it or the rest of the Terms of Use Agreement enforceable then it will be so read down to the extent necessary.In relation to any Internet Access:- EZiHosting is not liable for the loss of any Content or data, any delays,misdeliveries or service interruptions arising from the loss of Internet Access or something which is within your control; - EZiHosting does not make any representations, warranties give any undertakings other than those expressly set out in this Terms of Use Agreement;and- EZiHosting is not responsible or liable for:- the cost, loss or liability arising from EZiHosting's supply, or failure to supply or delay in the supply of any Internet Access Service; or- the content, context or confidentiality of any information or material created, made available or communicated using the Internet Access service.
11. FORCE MAJEURE
Notwithstanding any other provision of this Terms of Use Agreement, neither party will be liable for any failure to fulfil any term of this Terms of Use Agreement where that fulfilment is delayed, prevented, restricted or interfered with for any reason outside that party's control (Force Majeure Event). The party which is unable to perform its obligations must notify the other party promptly of any such delay and use its best efforts to resume performance in accordance with this Terms of Use Agreement as soon as possible. Upon receipt of the notification,the parties must discuss in good faith how to take account of any Force Majeure Event and to resume performance in accordance with this Terms of Use Agreement.
12. PRIVATE INFORMATION
EZiHosting has a detailed Privacy Policy (EZiHosting Privacy Policy) which forms part of this Terms of Use Agreement. The Privacy Policy details the information which EZiHosting will gather about you through your use of EZiHosting Services and its web site,the way in which EZiHosting will use that information and the persons to whom EZiHosting may disclose this information. Please read and consider the Privacy Policy before accepting (or declining) the terms and conditions in this Terms of Use Agreement.
You agree to be bound by the EZiHosting Privacy Policy and when using any of the EZiHosting Services, you consent to:- collection of a variety of personal information; - use of the your personal information for certain purposes; and- disclosure of your personal information in certain circumstances, as specified in the Privacy Policy.
13. SUSPENSION AND TERMINATION
A. Suspension
Without limiting its rights under paragraph B below, EZiHosting may immediately suspend the provision of any or all of the EZiHosting Services as follows:- If EZiHosting considers in its absolute discretion that you are using the Sites or EZiHosting Technology for any unlawful or improper purpose then,without prejudice to any other remedy EZiHosting or any other person may have under this Terms of Use Agreement, any other agreement or at law, EZiHosting reserves the right to suspend services immediately, prior to notifying you that services have been suspended, and to continue such suspension until you have satisfied EZiHosting that you have ceased the unlawful or improper activity; or- If EZiHosting is unable to charge the relevant fees to your nominated credit card; or- If you are otherwise in breach of this Terms of Use Agreement. In each case, we will notify you of the suspension of the EZiHosting Services and what needs to be done to lift the suspension. Suspension of EZiHosting Services may limit or exclude your ability to use or access any of the EZiHosting Services. If a Hosting & Email Package is suspended under this clause, Users may be unable to access your Site and you may be unable to amend the Content. If EZiHosting limits or excludes Users' ability to access the Site, EZiHosting will take all reasonable steps to post a notice indicating that the Site is no longer available.EZiHosting reserves the right not to refund any charges paid in advance in relation to suspended EZiHosting Services whether or not you are aware of the security breach.
B. Termination
Either party may terminate this Terms of Use Agreement:- if the other party breaches any term of this Terms of Use Agreement and, in the case of a breach that can be remedied, it fails to remedy that breach within 7 days after being given written Notice by the first party specifying the breach and requiring that it be remedied; - immediately by giving written Notice to the other party if an Insolvency Event (as defined in clause 10 below) occurs in respect of the other party; or- in circumstances other than those described in the two paragraphs above, by giving 14 days Notice to the other party.If this Terms of Use Agreement is terminated then EZiHosting will notify you of such termination and will deny Users access to EZiHosting Services. EZiHosting reserves the right not to refund any charges paid in advance in relation to terminated contracts.At any time prior to termination, you may remove your Content at your own expense. If you have not removed your Content by the time you have terminated, EZiHosting will continue to hold your Content on EZiHosting Technology for 7 days after termination. During such time you may request a copy of your Content from EZiHosting Technology, at your expense. After 7 days from termination, you acknowledge and agree that EZiHosting may delete any or all of your Content from EZiHosting Technology without any liability whatsoever. If this happens, EZiHosting will post a notice at the Site indicating that the Site is no longer available.The licences and rights you have granted to EZiHosting in respect of Content you have delivered to EZiHosting survive termination of this Terms of Use Agreement.All representations, warranties and indemnities will survive the termination or expiration of this Terms of Use Agreement. This clause 13 (and clauses 10, 12and 14)survive termination or expiry of this Terms of Use Agreement.
14. GENERAL
No failure or delay by EZiHosting in exercising any right, power or remedy under this Terms of Use Agreement. will operate as a waiver of that right, power or remedy, and no single or partial exercise of such right, power or remedy will preclude any further exercise or the exercise of any other right, power or remedy. Without limitation,no waiver by EZiHosting of any breach will be deemed to be a waiver of any subsequent breach.
You must not assign, transfer, charge or sub-licence your rights or obligations under this Terms of Use Agreement without the prior written consent of EZiHosting. EZiHosting may assign any or all of its rights and obligations under this Terms of Use Agreement so long as it gives you notice.The parties must do all things (including signing any document) necessary to give effect to this Terms of Use Agreement and the transactions contemplated by this Terms of Use Agreement.Any termination or expiration of this Terms of Use Agreement does not affect the accrued rights or remedies of either party.
You acknowledge and agree that nothing in this Terms of Use Agreement constitutes a relationship of employer and employee, principal and agent,partnership or joint venture between EZiHosting and you and you have no right to bind EZiHosting in contract or otherwise at law.
This Terms of Use Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all such prior agreement and any representations.
This Terms of Use Agreement is governed by and must be construed in accordance with the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.This Terms of Use Agreement may not be construed adversely to EZiHosting solely because it prepared this Terms of Use Agreement. You acknowledge and agree that this Terms of Use Agreement constitutes an invitation to treat and that by submitting the Registration form associated with this Terms of Use Agreement you are making an offer to EZiHosting to acquire certain EZiHosting Services,which it may accept or decline.
If there is any inconsistency between the main body of this Terms of Use Agreement and an attachment to this Terms of Use Agreement, the attachment prevails to the extent of the inconsistency.
15. DEFINITIONS AND INTERPRETATION
The defined terms below have the following meanings in the Terms of Use Agreement:Applicable Law means the following in relation a certain person, action or thing:- any law, rule or regulation of any country (or political sub-division of a country);- any obligation under any licence in any country (or political sub-division of a country); and- any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Customer Bank means the bank with which a customer has established or intends to establish a Merchant Service Agreement.
Fees means any fees payable under or in connection with this Terms of Use Agreement or the Merchant Access Agreement, including but not limited to the fees set out in the registration form, quote or notified to you by EZiHosting from time to time.
Hosting & Email Packages means a combination of services provided by EZiHosting using EZiHosting Technology (as defined below), so that your web Site (Site)and email is capable of being accessed over the Internet. These packages include a certain capacity of traffic, disk space, and email.
Insolvency Event means the following events in relation to a party:- any insolvency administrator or control lor is appointed to it;- it enters into, or resolves to enter into, a scheme of arrangement orc om position with or assignment for the benefit of creditors;- it enters into a deed of company arrangement;- it resolves to wind itself up or otherwise dissolve itself;- it suspends payments of its debts generally or becomes unable to pay its debts when they are due; - it commits any act of bankruptcy; or- it ceases to carry on its business.Intellectual Property Rights means all rights conferred under statute, common law and equity in and in relation to inventions, designs, trade marks, trade names, logos and get up, circuit layouts, copyright moral rights and any other intellectual property rights and analogous rights whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.Internet Rights means the perpetual, royalty free, non-exclusive,sub-licensable (through multiple tiers) right throughout the world:- to adapt the Content, to convert it or incorporate it with other materials for display on the Internet;- to publish, copy, use, display, download, distribute, transmit, frame,hyper link, mirror, cache or make the Content available for access:- on the Internet; and- in relation to, or for the purpose of, doing any of those things on the Internet;- to sublicense users of the Internet to do any of the things referred to in paragraph (b);- if the Content includes any downloadable software to sublicense any user of the Internet to, download, copy and use that downloadable software;- to do anything necessary for EZiHosting to perform any of its obligations or enjoy any of its rights under this Terms of Use Agreement; and- to authorise or licence a third party to exercise any of the rights granted under this clause, for any of the purposes specified in paragraphs (a) to (e).EZiHosting Services means the services identified in clause 3.EZiHosting Technology means any software, hardware or materials which EZiHosting uses to support the Site and any Hosting & Email Packages or other services including without limitation:- any Internet server;- any software which enables Users to:access the Site; or- execute commands and receive responses in relation to any material on the Site; and- any graphical user interface for the Site.EZiHosting Website means the website at URL www.ezihosting.com or www.ezihosting.com. au or www.ezidomains.com.au and all web pages that sit below that website.Primary Contact means the nominated main contact for a company or registered business on the customer registration form for EZiHosting Services.Your Information means the private information relating to you or your company or other entity provided to us under this Terms of Use Agreement or through use of the EZiHosting Services or any service offered by EZiHosting at ezihosting.com.au or ezihosting.comATTACHMENT AFree trials-when offered..
No obligation to continue with the hosting (it is EZiHosting's responsibility to contact you to see if you wish to continue)
There is no penalty for not continuing with the hosting
There are no hidden charges, or setup fees
If not satisfied with our hosting, you can either park your domain name for later use, or move it to another ISP instantly, for free
Once you receive your domain confirmation email us to request your free trial of our Professional Package
Set up in under 24 hrs
1. In relation to any EZiHosting free trial service you agree to be bound by the terms and conditions applicable to the EZiHosting Services, with the modification that: (a) you will have no obligation to pay, or authorise EZiHosting to charge your nominated credit card with, the Fees;(b) EZiHosting has the right to suspend your right to use the account in the event of Excess Usage;(c) EZiHosting reserves the right to terminate your use of the account immediately and without notice and, to the extent permitted by law, without any liability whatsoever if EZiHosting believes in its absolute discretion that termination of your account is necessary for any reason whatsoever;
(e) Free trial services are subject to the limits and restrictions detailed on the EZiHosting Website from time to time."Excess Usage" in this context means use of the relevant account by you in excess of the usage limits for hosting.
ATTACHMENT B Terms of service addendum October 2003
Terms of Service:
EZiHosting, Pty Ltd follows the strict guidelines of our customer privacy statement. Please make sure you understand the Privacy statement fully.EZiHosting, Pty Ltd. provides Internet World Wide Web page hosting, Marketing,and Development. EZiHosting, Pty Ltd. has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. EZiHosting, Pty Ltd. general policy is to act as a provider of Internet presence. EZiHosting, Pty Ltd. has specific ethical concerns regarding the use of its computers detailed below. EZiHosting, Pty Ltd. reserves the right to suspend or cancel a customer's access to any or all services provided by EZiHosting,Pty Ltd. when we decide that the account has been inappropriately used.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of EZiHosting,Pty Ltd. is strictly prohibited. Unauthorized use of other people's accounts or computers EZiHosting, Pty Ltd. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts Pty include"Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a EZiHosting, Pty Ltd. customer, whether or not the attacked account or computer belongs to EZiHosting,Pty Ltd., will result in action against the attacker. Possible actions Pty include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - EZiHosting, Pty Ltd. has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients. Unacceptable uses also Pty include, but are NOT limited to: Bulk emailing, unsolicited emailings, news group spamming,pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by EZiHosting, Pty Ltd. to be unacceptable use of EZiHosting, Pty Ltd.'s services Pty including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community Pty including blatant expressions of bigotry, racism, hatred, or profanity.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material containing obscene nudity or pornographic material Displaying material that exploits children under 18 years of age Acts of copyright infringement Pty including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, Pty including serial or registration numbers for software programs, or any type of cracker utilities Abuse of Traffic and Bandwidth:EZiHosting, Pty Ltd.'s customers are privileged to be offered unlimited traffic for their web sites. The intention of EZiHosting, Pty Ltd. is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (HTML) must be 'linked' with files (.GIF,.JPEG, etc.) stored on EZiHosting, Pty Ltd.'s server. Web sites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of EZiHosting,Pty Ltd. management. Any customer who violates EZiHosting, Pty Ltd.'s Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period,the client will be billed for the overages. To maintain the integrity of our service the following limitations apply: Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads).Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3). Customer is allowed bandwidth according to their hosting plan. Bandwidth rates for dedicated servers are $10.00/1GB if prepaid the month before the purchased bandwidth is used, and $12.00/1GB for bandwidth overages. Shared and semi-dedicated hosting customers are billed at the rate of $40.00/1GB for overages $20.00/1GB for bandwidth if prepaid the month before the purchased bandwidth is used. It is the customers responsibility to monitor bandwidth usage. EZiHosting, Pty Ltd. may temporarily disable your website, until contact is made with the client, if EZiHosting, Pty Ltd. deems the bandwidth coverage excessive. You will have 7 days to visit http://billing.ezihosting.com to pay for your overages before the account is sent to collections. EZiHosting, Pty Ltd. will be the sole arbiter as to what constitutes a violation of this provision. Unsolicited Email (Spam):Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the news group or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic news groups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, nota broadcast medium. Upon your first Spam offense your mail will be disabled for72 hours. Upon your second Spam offense your entire domain will be disabled for72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with EZiHosting, Pty Ltd. will be terminated, you will be fined$200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.
GUIDELINES TO FOLLOW
The email MUST Pty include a Valid From Address and a Valid Recipient Address. The mail list must only send to actual names and cannot be sent in groups of more than 5(five)-6(six) at a time. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. 99.9% Uptime Guarantee:(1.) CoverageThis 99.9% uptime guarantee applies to any EZiHosting, Pty Ltd. client in good financial standing with EZiHosting, Pty Ltd. at the time of a service outage. (2.) Service LevelEZiHosting, Pty Ltd. endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. (3.) CreditsIn the event that your web site is not available for more than 99.9%, EZiHosting,Pty Ltd. will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month. Monthly Uptime Credit 95% to 99.8%: 25%; 90% to 94.9%: 50%; 89.9% or below:100% For managed dedicated server customers if the uptime is between 98.9% and 99.9%for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month. Minutes of continuous downtime Credit 60 25% 5+ 60 minute intervals 50% In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@ezihosting.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by EZiHosting, Pty Ltd.. Credits will usually be applied within sixty (60) days of your credit request. Credit to your accounts hall be your sole and exclusive remedy in the event of an outage. (4.) RestrictionsCredits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at EZiHosting,Pty Ltd., (2.) your behavior or the performance or failure of your equipment,facilities or applications, or (3.) circumstances beyond EZiHosting, Pty Ltd.'s reasonable control, Pty including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, Pty including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials,supplies, or power used in or equipment needed for provision of your web site,or (4.) a client breaking any item in EZiHosting, Pty Ltd.'s "terms of conditions and acceptable use policy" causing a machine to fail as a result. CGI Scripts:Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning. Chat Rooms:We do not allow clients to install their own chat rooms, without approving it with the EZiHosting, Pty Ltd. Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail Server:We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged$100.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@ezihosting.com to have your domain moved. Background Running Programs:We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC:We currently do not allow IRC or IRC bots to be operated on our servers. Payment Policies:
Accounts
TERMS 7 days Nett on all invoices.
For accounts information please email ezihosting@ezihosting.com or call us on 1800 112270 quoting your domain name and or Invoice # An invoice will be forwarded shortly along with a monthly debit authority form for you to sign and fax mail to us if you elected to pay monthly. This is a one-time request and is necessary in order for us to debit your credit card for the monthly hosting fee. This authority can be cancelled at anytime via email or fax(allow 48 hrs to process) We reserve the right to shut down any site without notice that is in arrears more then 30 days payments. Note we do not allow explicit adult content on our servers and if such material is discovered were serve the right to suspend that account automatically. EZiHosting does not send out paper invoices via mail unless specifically requested. we send out our invoices via email and it is the clients responsibility to inform us of any changes in email contact details. When requested we will send out a paper invoice or fax it but in keeping in line with a Green policy email is our preferred option.
For our full Terms and Conditions please go here http://www.ezihosting.com/policy.htm
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. EZiHosting, Pty Ltd. reserves the right to change prices at anytime, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies EZiHosting, Pty Ltd. by signed fax sent to +61 (0)3 62679143 or email requesting termination of services. If we have your credit card details on file we will debit your account for annual hosting fees due on the day they are due unless otherwise notified as above. All payment is in AUD. currency. EZiHosting, Pty Ltd. will bill each client $50per returned check and $50 per wire transfer received.
Payment with AMEX will incur a3.5% surcharge to cover processing fees.
Cancellation:
EZiHosting, Pty Ltd. reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by EZiHosting, Pty Ltd. if EZiHosting, Pty Ltd. institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of EZiHosting, Pty Ltd.'s web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 1 months or less, the full contract amount less any setup fees and overages will be refunded if EZiHosting, Pty Ltd. is notified within the first 30 days following activation. No refund is available after the 30thday. This policy does not apply to any additional services such as overages,referred logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via FAX. To Cancel fax a SIGNED cancellation form with: 1) Your Domain Name 2) Your Name 3) Current Password 4) Signature Your files WILL BE DELETED when we receive this form. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation, if a refund is due. Lawful Purpose:EZiHosting, Pty Ltd. reserves the right to refuse service to anyone. Customers may only use EZiHosting, Pty Ltd. server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely tot he discretion of EZiHosting, Pty Ltd. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Tasmania, Australia, and any dispute will be litigated or arbitrated in Tasmania, Australia. The parties waive any objection based on inconvenient forum in the context any manner of dispute resolution commenced within the State of Tasmania, CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD EZiHosting, Pty Ltd. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,Pty including REASONABLE ATTORNEY'S FEES ASSERTED AGAINST EZiHosting, Pty Ltd.,ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULTFROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCTSOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,INDEMNIFY AND HOLD HARMLESS EZiHosting, Pty Ltd. AGAINST LIABILITIES ARISINGOUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OROTHERWISE DISTRIBUTED IN CONNECTION WITH EZiHosting, Pty Ltd.'S SERVER; (2) ANYMATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THEPROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANYDEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM EZiHosting, Pty Ltd.'S SERVER. Disclaimer:EZiHosting, Pty Ltd. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAYSUFFER. EZiHosting, Pty Ltd. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED ORIMPLIED FOR SERVICES WE PROVIDE. EZiHosting, Pty Ltd. DISCLAIMS ANY WARRANTY ORMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATARESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICEINTERRUPTIONS CAUSED BY EZiHosting, Pty Ltd. AND ITS EMPLOYEES OR ITS UPSTREAMPROVIDERS. EZiHosting, Pty Ltd. RESERVES THE RIGHT TO REVISE ITS POLICIES ATANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF EZiHosting, Pty Ltd. MUSTADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNTDEACTIVATION.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNTDEACTIVATION.