Hosting Terms and Conditions
Austiger Hosting agrees to host a web site for you on the Internet (the “service”). The provision of the service by Austiger Hosting and your obligations in receiving the service are completely set out in this agreement (the “Agreement”). This Agreement is a continuing agreement on a monthly basis.
Austiger Hosting may vary the terms of this Agreement at any time by giving you one month’s notice. You cannot impose on Austiger Hosting any terms or conditions outside this Agreement. Where this Agreement refers to a party giving notice or requesting information, that means a written notice or request hand delivered or delivered by mail or facsimile. The laws of New South Wales apply to this Agreement.
Austiger Hosting will Provide?
Austiger Hosting will endeavour to provide the service on a continuous basis 24 hours a day, 7 days a week. However, you understand that factors including failure of Austiger Hosting’s hardware, software, power supply or telecommunications link could result in the service being unavailable. The service may also be unavailable from time to time (“outage”) due to emergency or scheduled maintenance by Austiger Hosting. In the case of scheduled outage, Austiger Hosting will publish expected outage times and duration and will, if requested by you, e-mail this information to you. You acknowledge that at times congestion of parts of the Internet will mean the service is more limited than at other times or temporarily not available for access by you or other users of the Internet. You acknowledge that temporary unavailability of the service for these and any other reasons is not a breach of this Agreement by Austiger Hosting.
Information and Content
You are solely responsible for the selection, dissemination and use of information made available via the service. Austiger Hosting does not control or edit the content of information available in connection with the service in any way. You understand that some information may be offensive to, or leave you liable to, claims by other parties in Australian or other jurisdictions. You understand that making available some information may be illegal in Australian or other jurisdictions. Austiger Hosting does not accept, and excludes to the fullest extent it is legally able to do so, all responsibility and liability for
information accessed through your Web site. You accept all responsibility and liability for information accessed through your Web site. You understand that the service and the Internet may not be secure or confidential and that information may be intercepted or read or interfered with by an unauthorised
person. You are responsible for the selection and use of any security features in relation to internet transmissions. Austiger Hosting is not responsible for any disclosure of confidential information occurring through the service. You acknowledge that there is potential risk of damage to your software, hardware or stored information through computer malfunctions, viruses or worms, to which your computer may be exposed through provision of the service. Austiger Hosting is not responsible for any damage suffered as a result of exposure to these or other potential dangers. You are responsible for maintaining back-up copies of stored information. You are responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks. Except where this Agreement states otherwise, Austiger Hosting excludes all warranties (whether express, implied or statutory) relating in any way to the service to the fullest extent it is legally able to do so. Austiger Hosting’s liability for breach of any warranty implied into this agreement by statute which cannot be excluded is limited to the supply of the service again or, at Austiger Hosting’s option, to payment of the costs of having the service supplied again.
Austiger Hosting will provide you the use of a server connected to the Internet to host your web site. You must not exceed the Disk Space or do anything which, in the reasonable opinion of Austiger Hosting, causes a detrimental effect to any other general computing resources provided by Austiger Hosting to operate the Web Server (“resources”), and if you do, Austiger Hosting may (in addition to any other rights it may have under this Agreement) limit the Space to the amount Hosting Terms Of Conditions specified, or limit the resources. You will be responsible for all charges incurred in relation to your Space and any misuse of the Space. This liability applies whether it was you, a person authorised by you or an unauthorised person using your
Space. You will be responsible for designing, loading and maintaining any content of your Web site. You are not permitted to transfer or resell your rights to use the service, any parts of your space or any other rights conferred on you by this Agreement.
Ending the Agreement
Either you or Austiger Hosting may end this Agreement Austiger Hosting will provide you the use of a server connected to the Internet to host your web site. You must not exceed the Disk Space or do anything which, in the reasonable opinion of Austiger Hosting, causes a detrimental effect to any other general computing resources provided by Austiger Hosting to operate the Web Server (“resources”), and if you do, Austiger Hosting may (in addition to any other rights it may have under this Agreement) limit the Space to the amount Agreement by giving one month’s notice to the other. Austiger Hosting may also end this Agreement and the provision of the service immediately and without prior notice to you if you breach any provision of this Agreement or if it reasonably considers you have misused the service.
Where you have chosen a discounted rate for your hosting plan related to a time period, e.g. annually in advance, cancellation of your plan during that period will not result in the application of a credit or payment of a refund for the remaining period.
What are Your Duties in Relation to the Internet and to
You must not use the service in any way which might interfere with, disrupt or impair the Internet, the service, the equipment or access to the service by other users. You must not transmit or disseminate on the Internet any viruses or worms. You must not transmit or disseminate on the Internet
any material that is harassing or threatening or any material that is defamatory. You must not use the Internet or the service for any illegal purpose, transmit information illegally or do any act which is illegal under any law. You must not do anything which will or may constitute an infringement of copyright. You must not make available any information which will or may leave Austiger Hosting liable to any civil or criminal penalty or any claim by any person or which may cause loss or damage to Austiger Hosting or to any person. Austiger Hosting may notify you from time to time of operating rules relating to use of the service. You agree you will observe these rules. Failure to do so will be a breach by you of the Agreement entitling Austiger Hosting to immediately terminate he Agreement and the service.
You warrant the name and address and other identification details you provide to Austiger Hosting are correct. You must notify Austiger Hosting if any of these details change. You authorise Austiger Hosting to provide your name, address and other information identifying you to any person or government
or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of Austiger Hosting, disclosure is necessary to protect Austiger Hosting against any actual or potential claim by another person which may, in the reasonable opinion of Austiger Hosting, cause loss or damage to Austiger Hosting.
You acknowledge that you will be liable for any damage caused by any breach of this Agreement by you or anyone else using your Web site. You indemnify Austiger Hosting against any claims by any other party arising out of your actions or the actions of someone using your Web site. This
indemnity includes, without limitation, claims as a result of the transmission or propagation of any illegal, fraudulent or offensive material by you or another person using your account. The indemnity also includes claims as a result of any use of the service or action which infringes the copyright or
other intellectual property rights of any other party.