Web Hosting/Email Services/Secure Webpage/Virus Protection
- We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
- you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
- you will not knowingly or recklessly post, link to or transmit any material:
- that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
- containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
- you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Visual Marketing Australia Pty Ltd reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
- 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. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. Transmission of bulk and/or unsolicited via our mail server that may cause blacklisting of our IP addresses, domain or denigration of our mail servers will be reviewed and may result in immediate termination at our discretion. In the event of deliberate transmission of bulk or unsolicited commercial email (UCE), Visual Marketing Australia Pty Ltd reserves it right to terminate services without prior notification.
- You warrant, undertake and agree that:
- any transactions within your Website which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
- the information contained within your Website will comply with all applicable law, and codes of practice governing the use of Websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Website) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
- Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
- We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
- You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 7 days from invoice. Visual Marketing Australia Pty Ltd will provide an online interface allowing authorised users to monitor website data traffic.
- For hosting service plans which may specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your webspace provided in your account is expressly prohibited from use as an online file repository.Furthermore, you warrant to Visual Marketing Australia Pty Ltd that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of Visual Marketing Australia Pty Ltd.Any site that uses greater than 20,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
- For hosting service plans which may specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
- All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
- Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
- Running standalone, automated server-side processes including, but not limited to any daemon.
- Running any bit torrent application, tracker or client.
- Participating in file sharing or other peer to peer sharing activity.
- Executing any script for longer than 180 seconds.
- Executing any database query that takes longer than 30 seconds to complete.
- Specifying cron tasks that execute more frequently than every 1200 seconds.
- Refund Policy
- Domain Name Registrations
Once a domain registration has been completed, no refund is available for any reason.
- Web Hosting
Setup fees paid by the customer to provision service(s) will be non-refundable.
While we do offer a 30 day money-back guarantee – Web hosting fees, excluding any setup fees, are refundable if requested by email/fax within the first 30 days of ordering a new service. This refundable period does not apply for hosting renewals.
Customers will not be entitled to a refund if they are found to have breached Visual Marketing Australia’s Terms and Conditions.
- SSL Certificates
If you cannot complete the certificate order process for any reason, you can have your fees refunded in full. Once an SSL certificate has been issued, no refund is available for any reason.
- Domain Name Registrations