Terms of Service

These terms of service ("Agreement") are a legal agreement that govern your use of the web hosting service provided to you by WebSpaceAustralia.com ("Service"). These terms apply to you as a user of the Service ("customer" or "you"). Please read these terms and conditions carefully as by using or continuing to use the Service, you indicate your assent to this Agreement.

ACCEPTABLE USE & CONTENT
WebSpaceAustralia.com is not obligated to monitor the network for the purpose of examining customer's content. You hereby acknowledge that if we are made aware of content that is determined to be, in WebSpaceAustralia.com's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, WebSpaceAustralia.com has the right, but not the obligation, to edit, remove or deny access to such content. WebSpaceAustralia.com may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on WebSpaceAustralia.com servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to WebSpaceAustralia.com's servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed.

Non-acceptable content or links include but are not necessarily be limited to; (1) Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. (2) Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3). (3) Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. (4) Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers. (5) Commercial Email (SPAM) - Includes the sending of unsolicited email, or using an email address hosted by WebSpaceAustralia.com to send unsolicited email. The designation of "spam" is left entirely to the discretion of WebSpaceAustralia.com.

WebSpaceAustralia.com has strict resource usage restrictions on Web Hosting Services. These are designed to maintain the integrity, security and performance of our web servers. Failure to abide by these restrictions may result in account suspension or termination without refund.

No script or piece of software may use 25% or more of system resources for 60 seconds or longer.
No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user).
Running stand-alone, unattached server side processes/deamons is strictly prohibited.
Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited.
Running any bit-torrent / P2P application is strictly prohibited.
Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited.
Running of public file exchange services is strictly prohibited.
ADULT CONTENT IS STRICTLY PROHIBITED.

Disk Usage Provision. 90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota.

WordPress Usage & Modules: We do not allow any WordPress caching modules on our hosting services. WordPress caching modules continually cause server overload problems and are only allowed on VPS or dedicated hosting.

BANDWIDTH
Each hosting account has an agreed bandwidth limit per month. Bandwidth is the amount of data transmitted to and from your account (E-mail, Shell, Website, FTP). WebSpaceAustralia.com will make available the Bandwidth utilization of each website via customers control panel.

If a customer goes over the monthly allowance, they will need to increase their monthly allowance by upgrading their account. Failure to upgrade the account will result in suspension of the account until the end of the monthly period.

PAYMENT POLICY
All accounts are set up on a prepay basis. Although WebSpaceAustralia.com reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. If prices change, they will go into effect the first day of your next billing cycle. Payment is due each anniversary year or month following the date the account was established.

Payment processing is securely carried out via PayPal.

CANCELLATION
You may cancel your account anytime before your next billing date and not incur any charges for the next billing period. You may request cancellation by sending your cancellation request to Support@WebSpaceAustralia.com. Login ID and domain name must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by us.

SUSPENSION AND TERMINATION OF SERVICE
Without notice we have the right to suspend the Service or disconnect or deny your access to the Service; (1) if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied; or (2) during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable

PRIVACY POLICY
WebSpaceAustralia.com respects the privacy of every individual who visits our Web sites, or responds to or sends us e-mail. WebSpaceAustralia.com will not sell any personally-identifiable information to third parties or share any information with business partners. The contact information that you have provided to us will only be used to contact you in regards to your account.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold WebSpaceAustralia.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebSpaceAustralia.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebSpaceAustralia.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebSpaceAustralia.com's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from WebSpaceAustralia.com's server.

DISCLAIMER
WebSpaceAustralia.com will not be responsible for any damages customers or their enterprises may suffer. WebSpaceAustralia.com makes no warranties of any kind, expressed or implied for services we provide. WebSpaceAustralia.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by WebSpaceAustralia.com and its employees.

AMMENDMENT
WebSpaceAustralia.com reserves the right to amend these Terms of Service at any time without notice. It is your responsibility to review WebSpaceAustralia.com's Website periodically to ascertain whether these Terms of Service have changed. The amended Terms of Service will become effective as soon as they are posted on the WebSpaceAustralia.com website, following which if you continue to use the Service, you are deemed to have agreed to be bound by those amendments.