Net Stuff - Terms and Conditions

Web Hosting Terms and Conditions

By ordering and using your website account with Net Stuff, all customers agree to the following terms, conditions, policies and disclaimer. Upon receiving an account activation, customers are required to accept these terms, conditions, policies and disclaimer.

1. Interpretation

1.1 Definitions

Unless otherwise stated, the following definitions apply to this document:

- "we", "us", and "our" are references to Net Stuff;
- "you", "your" and "customer" are references to the person paying for services from Net Stuff having entered into this agreement;
- "services" are web hosting, domain registration, email and other services or facility provided by us to you;
- "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services details of which can be found on http://www.netstuff.com.au and may vary from time to time.

1.2 Include

The words "include" and "including" are to be construed without limitation.

1.3 Headings

The headings in this document are for convenience only and shall not affect the interpretation of these conditions.

2. Ordering process

2.1 Order acceptance

We have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.

3. Refunds

3.1 Money back guarantee

3.1.1 Customers are entitled to a full refund within 7 days of the initial order being placed.

This will be issued in the same method as originally used by the customer. Cases involving offline methods of payment will be refunded using a personal cheque or other online method.

3.1.2 The 7 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer has already been used on the web hosting account.
This money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation.

3.2 Account cancellations

After the 14 day introduction period, no refunds will be issued for account cancellations. If cancellation of the account is caused by the customer breaching these terms and conditions no refund will be issued. No refunds are issued for domain registrations.

4. Misuse

4.1 Spam / Unsolicited Mass E-mail

The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in our supplied control panels. Any complaints received are taken seriously and will be investigated.

4.2 Chat Rooms

Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended in serious or repeat cases.

4.3 Account Use

Under no circumstances must our servers be used for the hosting of, reference to or linking to any of the following:

4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to us;
4.4 Banned scripts

We do not allow the use of the following scripts on our servers:

FormMail (versions prior to 1.91
UltimateBBS
IkonBoard
CGI/Perl version of YABB
Proxy scripts
IRC scripts
Anonymizer
Chat rooms not included as standard in the cPanel
phpShell and similar command execution scripts

5. Billing

5.1 Payment schedules

The customer agrees to supply appropriate payment for the services received from us in advance of the time period (approx 30 days) during which such services are provided.

5.2 Invoices

All invoices will generally be sent via email or fax. Customers are required to pay their invoice in advance (30 days) at the beginning of each payment term using the available method of (Direct Deposit, Cheque, Money Order) within 5 working days of the invoice issue date.

If your account goes past-due you have (1) one week to take care of a past-due account before it becomes temporarily suspended (Website removed). You then have another week before it becomes fully suspended (Website removed, Email removed). After 21 days and nothing is done (no response) the account is deleted.

5.3 Bank charges

Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.

5.4 Suspension

We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.

5.5 Currencies

All invoices and payments are processed in Australian Dollars, with conversions will be made by the credit card company of the customer. Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.

6. Backups

6.1 Regularity and policy

Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. Backup measures are in place to assist in the event of hardware failure warranting a full system restore and no data can be obtained from backups on a single account basis. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.

7. Resource Use

7.1 CPU & Memory

All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.

7.2 Data transfer and webspace allocations

Customers can request a package upgrade or temporary resource increase at the costs available to view on our website at http://www.netstuff.com.au/prices. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual un-suspension is required by us.

8. Customer Responsibility

8.1 Contact Information

The customer is responsible for keeping us up-to-date with their details. any change of address or phone number changes should be forwarded to us via our contact form or email us (Use Outlook Express Request Receipt to receive acknowledgement that we have received it)

8.2 Sensitive data

Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.

8.3 Proper Termination of Account

An email should be sent outlining your intentions for termination of account.

9. Contact procedure

9.1 If a breach of these terms and conditions is found we will,
at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).

10. Limitation of Liability & General Terms

10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.

10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.

10.3 For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.

10.4 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.

11. Modification

11.1 We reserve the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.

Any questions concerning the above stated terms and conditions should be e-mailed to us before proceeding with your account.