THIS AGREEMENT BETWEEN SmallPond Hosting and you where “you”
is referred to as (“Account Holders "Users", “Members”,
“Customers”, or “Subscribers”)
WHEREAS
SmallPond Hosting agrees to furnish IT - internet based
services associated with web sites, web hosting, and
domain registration to the User.
Use of
SmallPond Hosting Service constitutes acceptance and agreement
to SmallPond Hosting's policies are subject to the terms above
and as follows:
Content:
At SmallPond Hosting, we strongly prohibit the use of any our
service for any illegal activities.
Although
we are a global web hosting service provider, all our
subscribers must be in accordance with U.S. Federal,
State and local laws. Ultimately you, the customer, are
solely responsible for the content stored on your
SmallPond Hosting account.
User shall
not include content, or internet links to content on the
Site that contain, promote or involve any of the
following. Examples include but are not limited to:
1. Any
copyright, patent, trademark, or other intellectual
property right.
2. Gambling Sites
3. Child
Pornography
4. Hate
content
5.
Threatening, racial, or otherwise abusive content.
6. Any and
all content inciting, instructing, or promoting illegal
activities.
7. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any
other activities deemed to be fraudulent.
8.
Hacking/Phreaking, warez, cracks, spam software or any
material that contains a virus or any other harmful
code.
Payment:
Establishment of service is reliant upon receipt by the
Company of payment of affirmed charges. Following
payments are due on the anniversary date of the month
for that month's service.
Payments and Fees:
Accounts that reach 5 days past due will be suspended.
If you desire to cancel your account, please
follow the proper procedure to do this as outlined in
this TOS.
Failure to Pay:
The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of
all accrued charges, plus reasonable interest and any
collection fees.
Account Cancellation:
Requests for cancelling accounts may be made through the helpdesk system.
SmallPond Hosting’s preferred method of cancellation is via
the helpdesk of your SmallPond Hosting account.
Please log
into the helpdesk and you can request to have your
account cancelled.
Disclosure to Law Enforcement:
At SmallPond Hosting, we specifically forbid the use of our
service for any unlawful activities. Therefore, User
agrees that the Company may reveal any and all
subscriber information including assigned IP numbers,
account history, account use, etc. to any law
enforcement agent who makes a written request without
further consent or notification to the Subscriber. In
addition SmallPond Hosting shall have the right to terminate
all service set forth in this Agreement.
Support Boundaries:
SmallPond Hosting, provides 24 x 7 x 365 technical support to
our subscribers and our staff is limited to our area of
expertise.
The
following are our guidelines when providing support:
SmallPond Hosting does not offer tech support for application
specific issues such as cgi programming, php, html or any
other such issue.
SmallPond Hosting does not provide technical support for YOUR
customers.
If you can email, we encourage you to email
support@ozhostingshop.com.au for assistance.
SPAM and Unsolicited Commercial Email
(UCE):
SmallPond Hosting takes a
zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM
over our network. Very simply this means that customers
of SmallPond Hosting may not use or permit others to use our
network to transact in UCE. Customers of SmallPond Hosting may
not host, or permit hosting of, sites or information
that is advertised by UCE from other networks.
Violations of this policy carry severe penalties,
including termination of service.
Violation
of SmallPond Hosting's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of
our SPAM policy, SmallPond Hosting will initiate an immediate
investigation (within 48 hours of notification). During
the investigation, SmallPond Hosting may restrict customer
access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM
policy, SmallPond Hosting may, at its sole discretion,
restrict, suspend or terminate customer's account.
Further, SmallPond Hosting reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. SmallPond Hosting will
notify law enforcement officials if the violation is
believed to be a criminal offense.
As our
Customers are ultimately responsible for the actions of
their clients over the SmallPond Hosting network, it is
advisable that customers develop a similar, or stricter,
policy for their clients.
Network
Network disruptions
Use of the
SmallPond Hosting for any
activity which affects the ability of other people or
systems to use SmallPond Hosting or the
Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user.
Interference with or disruption of other network users,
services or equipment is prohibited. SmallPond Hosting will not tolerate any subscriber attempting to
access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion
results in corruption or loss of data.
Oz Hosting
Shop does not allow the hosting of IRC, IRC
Bots, or eggdrops on our network. Servers found hosting
this material will be subject to immediate cancellation
without refund. Use of the SmallPond Hosting
service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate,
security measures of SmallPond Hosting's or
another entity's computer software or hardware,
electronic communications system, or telecommunications
system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and
the offending SmallPond Hosting Internet Services account is
subject to immediate termination.
Security
You are responsible for any
misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest
or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your
account. In addition, you may not use your account to
breach security of another account or attempt to gain
unauthorized access to another network or server.
Network Security
Oz
Hosting Shops
accounts operate on shared network resources. Excessive
use or abuse of these 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.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the
"Agreed Usage"). SmallPond Hosting will monitor Customer's
bandwidth and disk usage. SmallPond Hosting shall have the
right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be
taken is in SmallPond Hosting's sole and absolute discretion.
If SmallPond Hosting takes any corrective action under this
section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation,
SmallPond Hosting may, at its sole discretion, collect a
deposit, in an amount determined by SmallPond Hosting, against
customer's credit card on file with SmallPond Hosting.
System and Network Security:
Users are prohibited from violating or attempting to
violate the security of the SmallPond Hosting Network.
Violations of system or network security may result in
civil or criminal liability. SmallPond Hosting will
investigate occurrences, which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are
involved in such violations. These violations include,
without limitation:
Accessing
data not intended for such User or logging into a server
or account, which such User is not authorized to access.
Attempting
to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization.
Attempting
to interfere with service to any user, host or network,
including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
Forging
any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any
action in order to obtain services to which such User is
not entitled.
Notification of Violation:
SmallPond Hosting is under no duty to look at each customer's
or user's activities to determine if a violation of the
TOS has occurred, nor do we assume any responsibility
through our TOS to monitor or police Internet-related
activities.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
SmallPond Hosting takes no responsibility for any material
input by others and not posted to the SmallPond Hosting
Network by SmallPond Hosting. SmallPond Hosting is not responsible
for the content of any other web sites linked to the
SmallPond Hosting Network; links are provided as Internet
navigation tools only. SmallPond Hosting disclaims any
responsibility for any such inappropriate use and any
liability to any person or party for any other person or
party's violation of this policy.
SmallPond Hosting is not responsible for any damages your
business may suffer. SmallPond Hosting does not make implied
or written warranties for any of our services.
SmallPond Hosting denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by SmallPond Hosting.
It is
absolutely forbidden to IRC servers on.
Accounts
found hosting this material will be subject to immediate
cancellation without refund.
REFUNDS AND GUARANTEES
Shared and Reseller hosting plans:
Money back guarantee on our web hosting plans and
packages:
To prove to you how confident we are in our services, we
will offer you a 30 day money back guarantee on web
hosting plans and packages. Domain name registration and
transfers are non-refundable. If for any reason you are
not completely satisfied with our services and cancel
your account within the initial 30 days from the initial
order date of your account we will refund you all your
money (excluding any setup fees). Refunds may take up to
two weeks to process.
Payment Disputes:
All
billing disputes must be reported within 30 days of the
time the dispute occurred. Disputed charges to your
credit card issuer, also known as chargebacks, which are
valid charges as determined at Techark Internet Services
discretion under the terms and conditions of our SLA,
AUP, and TOS, will result in service interruption and
reconnection fees to restore the desired service and
will be turned over to a collection agency for futher
action and reported to the various credit reporting
agencies.
Please note:
SmallPond Hosting will not issue refunds to users who have
their account terminated by SmallPond Hosting, for breach of
our terms of service. Refunds will not be made to users
who exceed their allocated bandwidth limit. Accounts
that are renewed for additional terms are also not
subject to our money back guarantees.
99.5%
uptime guarantee:
If for any reason (except for scheduled downtimes) our
network or servers are down for longer than 0.5% in any
month, you can request a 20% discount for your following
month's services. For clients paying yearly, the
equivalent to 20% of a monthly payment will be deducted
off the next payment.
Responsibility for Content:
You, as SmallPond Hosting's customer, are solely responsible
for the content stored on and served by your SmallPond Hosting
server.
All
provisions of this contract are subject to the TOS
(Terms of Service) of SmallPond Hosting and AUP (Acceptable
Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment.
Backups and data stored on our servers.
Oz Hosting
Shop keeps backups for archive purposes
only, SmallPond Hosting does not warrant that
the backups will be current or usable for customer data
recovery. While we attempt to maintain accurate and
current backups we cannot and do not warrant them to be
fit or up to date. It is the customers sole
responsibility to maintain current backups of their data.
You agree that at no time SmallPond Hosting will
be held liable for faulty backups or data stored on our
servers. SmallPond Hosting and its partners and suppliers
will not be liable for any cost or damage arising either
directly or indirectly from any failure of backups or
corruption or loss of data stored on our servers.
Hold and Indemnify harmless:
SmallPond Hostings customers agree to indemnify and hold harmless
SmallPond Hosting from any claims resulting from the use
of our services that damages them or any other party.
The SmallPond Hosting's service is provided on an as is,
as available basis. SmallPond Hosting expressly disclaims
any representation or warranty that the SmallPond Hosting
service will be error-free, secure or uninterrupted. In
cases of outage the client's sole remedy will be a
pro-rated credit based on the period difference of
downtime and SmallPond Hosting's promised up time. No oral advice
or written information given by SmallPond Hosting, its
employees, licensors or the like, will create a
warranty; nor may you rely on any such information or
advice. SmallPond Hosting and its partners and suppliers
will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of
the service.
Modification:
SmallPond Hostings reserves the right to add, delete, or modify
any provision of its Terms of Use at any time with
written notice either direct or posted for 30 days in
advance to our user forum.
