Website Hosting Acceptable Use Policy and Website Development Terms and Conditions
AGREEMENT FOR WEBSITES FOR SMALL BUSINESS SERVICES
THIS AGREEMENT is for services provided by Websites for Small Business ABN 53 436 957 204 to the Client, and commences on the date the Client accepts these terms and conditions.
SERVICES TO BE PROVIDED
Websites For Small Business will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer (quote). If the quote is accepted then Websites For Small Business will provide an invoice for 50% deposit. The balance is due on completion of the work.
Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out. The standard cost per hour for additional is quoted on an hourly rate of $80 AUD.
Access to the Internet through Websites For Small Business is a privilege, not a right, and carries with it certain responsibilities and duties. All customers, clients, and users of Websites For Small Business are required to comply with our Terms and Conditions (T&C), Acceptable Use Policy (AUP) and Banned Code policies.
All violations of the T&C, AUP and Banned Code policies will be reviewed for appropriate action that could include termination of access. Our failure to enforce this, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
• Adult content is not allowed. This includes, but is not limited to, pornographic images, text, and sound files.
• IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden
• Spam is strictly forbidden. Any instances of spam relating to your web site will result in account deactivation
• Sites which place an unreasonable load on the server due to excessive CGI scripts, etc. will be suspended and we will ask the owner to reduce the site load or move to a dedicated server.
• Hate literature, material in violation of copyright laws, and other illegal material are not permitted.
• Scripts that are banned can be found on Banned Code page
Use of Websites For Small Business web hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Clients accept that they will not use their accounts illegally. Reports to Websites For Small Business about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our TOS will not receive a refund on their account. Users found sending unsolicited email via their accounts will be subject to a $200AUD reinstatement fee if they wish their account re-established. A second offence will lead to account termination. This fee is NON-REFUNDABLE
NON ASSIGNMENT
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your Websites For Small Business account:
•In a manner which violates any law, regulation, treaty or tariff;
•In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
•To threaten, harass, abuse or intimidate others;
•To damage the name or reputation of www.websitesforsmallbusiness.com.au, affiliates and subsidiaries;
•To break security on any computer network, or to access an account which does not belong to you; or
•In a manner which interferes with other customers' use and enjoyment of the services provided by Websites For Small Business.
Websites For Small Business reserves sole discretion to determine whether any use of the service is a violation of these Terms.
WEBSITE DEVELOPMENT
All completed work undertaken for the client will be the property of the client. Websites For Small Business will not hold any ownership of the design or content.
All images or logos that are supplied to Websites For Small Business for inclusion in the website development MUST STRICTLY be the intellectual property of the client. Websites For Small Business will refuse to use any supplied images or artwork that it reasonably believes to be the property of another company, person or organization or the client cannot demonstrate that the image or artwork is their property. If the client supplies content to be added to the website and it is added, but later it is the focus of a intellectual property or copyright dispute, then Websites For Small Business will take no responsibility for supplied content and cite that the client has knowingly signed the terms and conditions agreeing that they were aware of this clause and take full responsibility and cost for any legal actions taken by the copyright holder of the disputed image or artwork.
BILLING/REFUNDS OF WEBSITE HOSTING
Payment for website hosting is due once it is installed, for the term ordered as agreed during the order process. Renewal invoices via email are sent 30 days prior to the anniversary date and payment must be made promptly to avoid service disruption. Overdue accounts will receive email alerts up until 14 days past due after which time access to the account will be suspended pending payment. Suspension renders the website to go offline, emails to cease and access to Cpanel to cease. Reinstatement of the account resumes once payment is made. It is the responsibility of all clients to respond to payment reminders and arrange for payment by the due date. Refunds for website hosting will be given at the discretion of Websites For Small Business and may involve a pro rata compensation for the unused period. Domain name registrations are non refundable. Websites For Small Business may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.
CHARGES AND PAYMENT - WEB DESIGN AND WEB PROGRAMMING SERVICE
Websites For Small Business will provide the web design and web programming service as specified in the Schedule of Work or agreed Quote or Invoice at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.
The Client will pay for the Work at the rate specified in the invoice Websites For Small Business. 50% deposit of the quote/invoice is expected to commence work. All projects will be considered finished after a final review by the client and payment of due for the balance of the quote/invoice. Websites For Small Business reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
All quotes supplied to new customers will clearly identify the total cost of development. All quotes will also clearly state that if additional work is requested that falls outside of the agreed work Websites For Small Business will not undertake to complete the additional tasks until the customer agrees to the additional cost which will be estimated and quoted at an hourly rate of $80 per hour in writing. No work additional work will be undertaken and charged for unless agreed.
ACCOUNT CANCELLATIONS
Cancellation requests for Websites For Small Business accounts must be made via the Client Area of our website at all times. Clients must initiate a cancellation request by logging into the 'client area', navigating to 'my services' then following the process for cancellation. This process will schedule the cancellation at the date specified by you and ensure that both your account it terminated and billing cycles cancelled. To avoid any confusion and misunderstanding verbal telephone requests for cancellation will not be accepted.
ACCOUNT SUSPENSION
Invoices for hosting accounts are sent out by email 30 days prior to the due date. It is the responsibility of all clients to ensure that your email address is up to date. Reminder emails are sent warning you of a pending due date. Emails are also sent at regular intervals after the due date has passed without payment. Three warning emails are sent to overdue account holders. If after 14 days of non payment the account is scheduled for suspension on the 15th day automatically. Accounts can be un-suspended when payment is made on the overdue account. No overdue fees are incurred.
OVERDUE ACCOUNT TERMINATION
If a hosting account is suspended and and the account remains unpaid, and there is no cancellation request made, the account will be scheduled for termination in 60 days. All website files, email accounts will be deleted from the server after 61 days. It is the responsibility of all clients to ensure they have backed up the entire account and downloaded a copy to their local computer using the Cpanel Backup Wizard. This includes all website files, images, database and email account including emails. No responsibility is taken for the loss of data after termination.
Websites For Small Business website hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of Websites For Small Business systems or networks. Websites For Small Business reserves the right to terminate or limit such activities. Account may be moved from time to time to ensure maximum of availability to clients.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Websites For Small Business is not responsible for Customer's files residing on the Network. The Customer is responsible for independent backup of all such data at a site determined by the customer. Websites For Small Business cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Websites For Small Business is in no way responsible for any data loss or damage arising from viral infection from the Internet. Websites For Small Business and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Websites For Small Business Hosting Services.
For any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Websites For Small Business Internet Services is at your sole risk. Websites For Small Business specifically disclaims any responsibility for the accuracy or quality of information obtained through Websites For Small Business Hosting Services. As a user you are warned that some Internet sites accessible via the Websites For Small Business allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Websites For Small Business is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. Websites For Small Business services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless Websites For Small Business from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Websites For Small Business Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. Websites For Small Business and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Websites For Small Business be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Websites For Small Business has been informed of the possibility of such damages, or for any claim by any other party.
Uptime guarantees do not include, scheduled or emergency maintenance or network issues.
OPERATION
Websites For Small Business reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this Websites For Small Business Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of Websites For Small Business after such notice shall constitute Customer acceptance of such modifications. The Customer understands that our services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. The Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.
Updated 28/10/2010