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Terms for Hosting Your Website and/or Email
Basis of this agreement
We both commit to treat our business relationship respectfully and treat each other honestly and ethically.
Since you require hosting services as part of the Small Business Web Design Brisbane opportunity (also known as the localaussie.biz opportunity) I provide access to server
facilities for this purpose.
In return you commit to paying the designated fee in full and in advance
(as advertised here). You agree that until and unless you notify me that you want to cancel the service received, the
service will be billed on a recurring basis. If you use PayPal, your PayPal account will be charged automatically on the monthly or annual anniversary date of your first payment
depending on the payment option you choose.
No work will be commenced on your website
or email account(s) until you have explicitly agreed to these terms in writing. Use of
email for this advice is acceptable.
I reserve the right to alter these terms at any time. You will be notified
of substantial changes at your nominated email address.
Your continued use of the hosting service will signal your acceptance
of the revised terms.
Eligibility
You must be 18 years of age or older to be eligible to use this service.
Contact
It is your responsibility to ensure your contact email address is current and working, so you can receive notifications from my email addresses darryl @ insightresources (dot) com
(dot) au and support @ insightresources (dot) com (dot) au. Please ensure you have white-listed these email addresses in your spam filter settings.
Website content
I will only add or alter content on your website at your instruction. The content on your website is your property and you agree that you are solely responsible and accountable for
this content.
Your website must be used for lawful purposes only. You agree not to store or transmit any data that violates any law or regulation, promotes any illegal activity, or infringes the
legal rights of others.
You certify that you own copyright or have a legal right to use any material you submit for publishing on your website.
You will not attempt to have published any material protected by trade secret and statute, or that is threatening, harassing, defamatory, obscene, fraudulent or pornographic.
Unsolicited emails
Spamming, or the sending of unsolicited commercial email, is strictly prohibited. You agree to pay any and all costs and make good any damages that may arise from any unsolicited
email(s) being sent from any email address associated with your website, or including any reference to your website address.
Website availability
The server facilities are not under my direct control. I cannot guarantee they will always be error-free and available. I provide access to them in good faith as part of the set of
information, resources and services I have sourced and prepared for the purpose of constructing this website opportunity, in order to simplify the process for you.
There are many network and computing components working together to make your website available on the world wide web. The facility hosting your website is naturally a key component
but it is not the only component. That facility quotes a 99% server "uptime" figure, which takes into account high levels of redundancy (duplication of equipment for emergency
situations).
However, you understand that I cannot quote you an "uptime" figure for your website, and as a value-added reseller channel I cannot even make any guarantees about the services,
facilities or equipment provided by others. All I can say is I believe that best efforts will always be made by all parties involved to keep your website working.
Charges
I reserve the right to alter my service rates and charging intervals at any time, but since you pay in advance, the changes won't affect you until after that paid-up period.
Hosting Service Levels
If you require just email hosting with no
website, you will pay a reduced monthly fee as advertised
here until you require a website. At
that time you agree to discuss your website
requirements with me. Since
this hosting service is provided as part of the Small
Business Web Design Brisbane opportunity, it
is normally only available to customers of Insight Resources
website services,
and at a client-only rate.
If you wish to upgrade email hosting to website hosting for a
website that is built by another party, you will be required to
use alternate hosting for that website to replace your email
hosting unless we can arrive at a mutually suitable
alternative arrangement. Depending on the circumstances, this may include
one or more of the following: a website maintenance
arrangement; a higher fee than my normal client-only fee for
your hosting; a hosting support arrangement at rates as advertised
here. This highlights the need to discuss your requirements
with me at an early stage.
If you upgrade your type of hosting service
from email hosting to website hosting, the
monthly charge will increase appropriately from the date of the upgrade.
Hosting charges will continue to de due on the same monthly or
annual date, with the first upgraded month being charged as a
whole month.
Termination
You may cancel your access to the hosting service at any time by notifying me in email via my contact page.
I will confirm receipt of your cancellation by return email.
If you cancel your hosting before the expiration of the pre-paid period, I will provide a refund based on whole month periods. For example, if you have pre-paid for a year's hosting
and cancel during your 7th month, I will refund you the amount you pre-paid minus a full 7 months worth of hosting fees. This means if you have less than one month's hosting remaining
there will be no refund paid.
You agree that I have the right to delete all your website data from the server once you cancel your hosting service.
Should you breach any of the conditions of this agreement you agree that your website may be suspended or deleted at my discretion and you will not be entitled to a refund.
In particular, if your recurring monthly or annual payment is not received within 7 days from when it is due, I reserve the right to suspend your account. If payment is not received
within 14 days, your account will be subject to deletion.
Disclaimers
I make no warranties of any kind, whether expressed or implied, for the hosting services to which I provide access.
I will not be held responsible or liable for any actual or potential damages or losses you may suffer, whether direct or indirect, incidental or consequential, which may arise from
servers or other computing or networking equipment going off-line or being unavailable for any reason whatsoever, or the corruption or deletion of any website pages. You agree to
indemnify, defend and hold me harmless from any claims resulting from your use of my services or the hosting service provided.
Limit of liability
I will make periodic backup copies of your website so it can be restored from a copy if necessary. That will be the extent of any remedy that may ever need to be applied.
My total liability will never exceed the amount paid by you for one month's service.
Miscellaneous
If any provision of these terms is found to be unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and
enforceability of any remaining provisions.
Any claim arising from this agreement must be brought no later than 3 months after it has accrued.
This agreement constitutes the entire agreement between you and
me and shall be governed by and construed in accordance with the laws of Australia.
In the event of a dispute, we agree to submit to the
jurisdiction of the Australian courts, with the venue being in
the state of Queensland.
Latest revision date: 1 March 2011
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