ALL LEGALS


General Terms and Condition of Use


Techsmart Webhosting is hereby referred to as "we", us", "our". The customer is referred to as "customer", "you" or "I".

1. Application of these Terms and Conditions
1A: This Techsmart Australia Website ("Website") is owned by Techsmart Holdings Pty Ltd (ABN 22 117 701 774). Your use of the Website is subject to these Terms and Conditions. By using the Website, You agree to be bound by these terms and conditions.
2. Intellectual Property
2A: Except for the temporary copy held in the computer's cache and a single permanent copy retained by a user for his or her personal use, no content on the Website may be used, copied, reproduced, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968). 2B: For the avoidance of all doubt, the Website and the content on it are supplied for informational use only. You must not reproduce, publish, make an adaptation of, or communicate, any of the content on the Website in any manner or in any form (whether visible or not) for any purpose whatsoever, except as permitted by clause 2A. 2C: The Website and the data contained in it are supplied solely for informational use. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under by clause 2A, no part may be reproduced or re-used for any purpose whatsoever without the written permission of Techsmart Australia. Users must not whether through the use of additional software, data mine or conduct automated searches on this site or the data contained in it. However, users may download individual listings for their own private use in the course of the normal use of this site for directory assistance purposes.

2D: The material contained in this site is the copyright of the Techsmart Australia 2005. 2E: Your use of the Website does not create a license or any other rights with respect to the trade marks, service marks, copyright, or other intellectual property or proprietary rights in or on the Website.

3. Links to Third Party Websites
3A: The Website contains links to websites operated by other parties ("Third Party Websites"). Techsmart Australia does not have a practice of monitoring or making inquiries about the content of websites accessed by such links. Subject to clause 5B, Techsmart Australia is not responsible for, does not endorse and make no representations either expressly or impliedly concerning Third Party Websites, their content or any products or services which they offer. Content contained on Third Party Websites does not represent the views of Techsmart Australia . You access Third Party Websites completely at Your own risk.

4. Third Party Content
4A: The Website contains content provided to Techsmart Australia by other parties ("Third Party Content"). Techsmart Australia does not have a practice of monitoring or making inquiries about Third Party Content. Subject to clause 5B, Techsmart Australia is not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Techsmart Australia . You rely on Third Party Content completely at Your own risk.

4B: The Website does not support or endorse the accuracy or reliability of any information, content or advertisements contained, distributed through, or linked, downloaded from the services and businesses contained on the Website. We do not endorse the quality of any services, products, information or materials displayed, purchased, or obtained by you as a result of an advertisement or any other information on the Website. Techsmart Australia reserves the right, without any obligation whatsoever, not to display any advertisement that in its view contain any indecent, threatening, misleading, illegal content; or does not publish anything that is suspicious of containing a virus or code designed to interrupt the Site.

4C: Techsmart Australia may on notice to you and at its discretion terminate your access to all or part of the Site without the need to provide reasons.

5. Limitation of Liability
5A: Except as set out in clause 5B, Techsmart Australia and its respective contractors exclude all:
(a) warranties whether express, implied, statutory or otherwise, relating in any way to the Website or Your use of the Website; and
(b) liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the information on or access through the Website (including, but not limited to Third Party Content and the Third Party Websites) for any reason whatsoever.

5B: Where any law implies any term into Your use of or any arrangement arising out of the accessing of the Website and that statute prohibits exclusion of that term, then that term applies. If and to the extent permitted by that law, however, Techsmart Australia and its contractors' liability for any breach of such term is limited to the resupply of services.

5C: The Website contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in the Website or its contents. Techsmart Australia and its contractors make no representations about the accuracy or suitability of the information or links provided on the Website. The information is provided 'as is', without express or implied warranty. You use the information and links at Your own risk.

6. Changes
6A: Techsmart Australia may change these Terms and Conditions at any time without notice and You agree to be bound by such changes. Those changes shall be posted on the Website.


Web hosting terms & conditions

 

Techsmart Webhosting is hereby referred to as "we", us", "our". The customer is referred to as "customer", "you" or "I".

1. Account Setup
a. Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.

b. Payments. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card.(if requested by our accounts department) before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

c. It is not possible to assign products and services across separate accounts once ordered. Duplicate accounts can be merged into one account.

d. Only the authorized person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. MD Web Hosting may also verify your identity by asking security questions, as required by the privacy laws in Australia. The client agrees to provide this information before assistance can be provided to them.

e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a AU$30 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Techsmart Web Hosting a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

2. Publisher and author of web site
a. Techsmart Webhosting does not create or publish web sites and is not the publisher or author of any web site you host or create. As the publisher, author, or reseller, it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.

b. Techsmart Webhosting is not a web site publisher and is not resposible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.

c. From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Techsmart Webhosting is this instance does not become the web site publish and/or author and is making these changes by instruction of the Primary Account holder.
3. Contents
All products and services provided by Techsmart Webhosting may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.

b. The customer agrees to indemnify, defend and hold harmless Techsmart Webhosting from any claims resulting from the use of our products or services in any shape or form. Techsmart Webhosting does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please contact us.

c. Examples of unacceptable material:

  • IRC Bots
  • Warez Sites
  • Defamation of person's character
  • Pirated Software
  • Running processes which cause the server to crash or become non-responsive
  • Illegal or pirated sites, content or software.
  • Breaching copyright and trademarks
  • Proxy servers or other servers
  • Hate sites
  • Run any bit torrent
  • Pornographic sites
  • MUD applications
  • Hack programs and archives
  • Spamming related sites or sites that send out spam email
  • Extremists sites
  • Phising sites
  • Other sites where formal complaints are received
  • Sites where MD is placed 'on notice' or where legal action will be take against a MD for hosting a web site, with supporting evidence.
  • Sites which have been hacked / run malicious scripts

d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of $30 per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach.
4. Resource Usage
a. Users may not initiate the following:
  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
  2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
  6. Any activity which causes the server to crash / restart
  7. Check their email more than every 3 minutes.
5. Zero Tolerance Spam & Leeching Policy
a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam.We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

c. The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge as the descretion of MD Web Hosting. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. Running an online store.
6. Backups and data loss
a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended.

b. Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.

c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.

d. We provide backup tools in your control panel which will allows you to perform backups of your account when required, or you can always download your web site files from our server for external storage.
7. Support
a. You have read and understood and are bound by our Support Policy. Our support policy outlines our support procedure, free support and extended support, as well as types of support we offer and their use.

b. If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.
8. Security
a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.

b. No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database. Shell and remote desktop access is available on our dedicated server packages.
9. Payment
a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must notify us in writing and cancellations could take upto 5 business days.

b. Techsmart Webhosting reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.

c. It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc from us.  Please ensure you have white listed this email address in your spam filter settings.

d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.

f. We reserve the right to change and refuse payment methods to clients at our sole descresion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

g. Dishonoured cheques will attract an administration charge of $30.00.

PayPal payments

h. If you have signed up using PayPal subscription, your paypal account will be rebilled on the due date of future invoices.
10. Package versions
a. If a customer wishes to upgrade to the newest plan, a $15.00 administration fee will apply. Your hosting account may also need to be transferred to another server to take advantage of the newer features.
11. Suspension
a. We reserve the right to suspend your account if you have an outstanding invoice or account. If your invoice or account remains unpaid, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.

b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.

c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Techsmart Webhosting has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
12. Microsoft Frontpage Extensions
a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported.
13. Cancellation
a. Techsmart Webhosting reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

b. Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, telephone or in any form where staff are threatened, abused or mistreated.

d. How to cancel your account: To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and our you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your product/service renewal date if you do not wish your product/service to renew.

e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.

f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies. If you have a credit on your account and refunded, a $5.00 administration charge applies.

g. h. If you have cancelled your hosting account with MD and would like to reactivate your account, a $15.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.

i. If your account remains unpaid for a period of 30 days or more, we reserve the right to terminate your account.
14. Bandwidth Usage / Disk Space
a. It is your responsibility to upgrade your account and monitor your account usage.

b. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits.

c. Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

d. Unused transfer in one month cannot be carried over to the next month.
15. Price Change
a. We reserve the right to change prices listed on Techsmart Webhosting, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.
16. Indemnification
a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Techsmart Webhosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Techsmart Webhosting's server. Techsmart Webhosting does not guarantee uptime.

By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
17. Disclaimer
a. Techsmart Webhosting will not be responsible for any damages your business may suffer. Techsmart Webhosting makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Techsmart Webhosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Techsmart Webhosting and its employees.
18. Changes to the Terms and Conditions
Techsmart Webhosting reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions that can be accessed on our web site at any time.

 
 
   
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