Master Service Agreement (MSA)

Standard Agreement for Storage and Transfer of Data Over the Internet

The Agreement is effective as of the Account activation date.

WHEREAS, we are an information provider connected to the Internet. We offer storage and transfer services over the Internet through access to our Internet Servers;

WHEREAS, Client seeks to utilize our services for Client's own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, we can make no guarantee that any given Internet user shall be able to access our network(s) at any given time, nor do we make any explicit or implied service performance guarantees. We represent that we shall make a good faith effort to ensure that our servers and network are available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. Financial Arrangements:
   1. This Agreement will automatically be in force while the client is a customer.
   2. Renewal prices are subject to change.
   3. Renewal of services by Client indicates unconditional agreement to MSA revisions and price changes.
   Payment for services will only be accepted by Direct Credit to our Bank Account or by Credit/Debit Card via Paypal.
   1. It is Client's responsibility to ensure that we are paid on time. If payment is not received by the due date, we reserve the right to suspend or terminate the account.
   2. To ensure continuous service Client should make payment on receipt of invoice.
   3. The first one month hosting payment plus setup charges, if any, shall be due upon receipt of order and before Client's account is set-up.
   4. Receipts will be issued via email after payment is received.
   5. Once a Client's files are suspended, those files will not be available to the client until all payments to us are finalised.
   6. Once a Client's account has been terminated all files on that account may be permanently erased.
2. Termination:
   1. This Agreement may be terminated by either party, without cause, by notifying the other party
   2. If payment is not received by due date, we may, at our option, infer that the Client has terminated the agreement.
   3. Notwithstanding the above, we may terminate service under this Agreement at any time with immediate effect and without penalty, if the Client fails to comply with any of the terms of the MSA.
   4. Once this Agreement has been terminated all files on the relevent account may be permanently erased.
   5. We do not refund on terminations requested by the Client or caused by the Client breaking this agreement. We may refund where we have been unable to provide Service as per this agreement.
3. Taxes:

   We shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or our servers and services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products, services and information sold.

4. Material, Products, Information and Services:

   Client will provide the Server with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of ourselves. We shall make no effort to validate this information for content, correctness or usability.

   Use of our services requires a certain level of knowledge by Client in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's web space by the Client. The following examples are offered:
   1. Web Publishing: a good knowledge and command of HTML, properly locating and linking documents, uploading Web contents, graphics, text, sound, etc., as well as using FTP.
   2. Email: a knowledge and command of use of mail clients to receive and send email, etc.
   3. CGI Scripts: a knowledge and command of the tools necessary to debug scripts, Perl, PHP, permissions (chmod), etc.

   The Client agrees that he or she has the necessary knowledge to create and maintain their web site. Client agrees that it is not the responsibility of ourselves to provide this knowledge or Customer Support outside matter specific to our servers. All tutorials, links to web authoring resources & search engines, hints & tips etc., are provided as a courtesy to Clients, and use of these, or any information obtained by way of ourselves is at the Client's own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our services or our representatives.

   We will exercise no control whatsoever over the content or format of the information passing through our network or residing on our Clients' servers. We will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. In the event that material provided by the Client is not "server-ready", we may, at our option and at any time, reject and delete this material, including but not limited to after it has been put on our server(s). We are not under any obligation to notify the Client of our refusal or deletion of the material. The Client may amend or modify the material to satisfy the needs and/or requirements of our servers and upload again. If the Client continues to upload non "server-ready" material this Agreement shall be deemed to be terminated.

   We reserve the right to change, without notice, our service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, ordering procedures, and services offered.

5. Hardware, Equipment & Software:

   The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access our services. We make no representations, warranties or assurances that the Customer's equipment will be compatible with our service.

6. Internet Etiquette:

   Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.

   Our network resources may not be used to impersonate another person or entity or misrepresent authorisation to act on behalf of others or ourselves. All messages transmitted via our systems, or referring to any hosting or other service provided by ourselves, should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or any other communication or transmission.

   Client must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain any unauthorized access. Client is expressly not permitted to commit, or authorise others to commit, "spam" (unsolicited bulk emailing), hacking, viewing other user activities or files, or other similar activities, performed via our servers or through the systems of others in any connection with service provided by us.

7. Reasonable Use:

   The Client agrees to be limited to reasonable server CPU, Memory and Entry Processes as well as bandwidth use, to be determined solely by ourselves. The Client shall not use more server and network resources as may be dictated from time to time.

8. Disclaimer of Warranty and Limitation of Liability:

   Client expressly agrees that use of our Server is at Client's sole risk. Neither ourselves, our officers, directors, employees, affiliates, agents, third party information providers, contractors, merchants, licensors nor the like, make any warranty whatsoever whether expressed or implied. We also disclaim any warranty of merchantability or fitness for any particular purpose.

   Under no circumstances, including their negligence or gross negligence, shall we, our officers, directors, employees, affiliates, agents, contractors, third party information providers, merchants licensors or the like, be liable for any direct, indirect, incidental, special, consequential or any other type of damages whatsoever. Client hereby acknowledges that this paragraph shall also apply to all content on our service.

   Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence, gross negligence, putative conduct or otherwise, shall not exceed the aggregate dollar amount which Client paid for the Current Term of this Agreement.

9. Lawful Purpose:

   Client may only use our Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to trademark or copyright infringement, material that is threatening, obscene, profane, or material protected by trade secrets of others. This also includes links or any connection to such materials.

10. Indemnification:

    Client agrees that it shall defend, indemnify, save and hold ourselves harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees ("Liabilities") asserted against us, its agents, our customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns.

    Client agrees to defend, indemnify and hold harmless ourselves against Liabilities arising out of
    1. any injury to person or property caused by any products or information sold or otherwise distributed in connection with our services;
    2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement,
    4. any improper use of the Client's account(s) under any circumstances, and
    5. any defective product or service which Client sold via our services.

    If the Client fails to comply with any terms of this Agreement, it shall be fully responsible for the cost of labour and any and all other costs (e.g. losses or legal expenses) incurred by us in order to rectify the damage caused and due to the damage caused by the Client or via improper use of the Client's account(s).

11. Reselling:

    Client is allowed to resell the storage and transfer services provided by us, provided that Client's customers acknowledge, to our satisfaction, that we have disclaimed all warranties and are not subject to liability or damages of any kind. Client agrees to handle and is responsible for all third-party customers' content, support, set-up and maintenance. We acknowledge the Resellers right to charge whatever they like for value-adding our services. Client agrees to having the necessary knowledge and skill level for reselling services provided, including providing basic technical support to their customers. Clients may not split our Hosting packages into smaller Hosting packages.

12. Miscellaneous:

    The Client agrees to be bound by this agreement fully and unconditionally upon ordering our services. Ordering of our services shall act as Client's express and full agreement to this Agreement. Furthermore, the Client's listed contact certifies full personal agreement to this Agreement by ordering our services on behalf of the Client.

    This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Agreement are agreed to by both parties.

    Non-enforcement of any section of this Agreement does not constitute consent and we reserve the right to enforce this Agreement at our sole discretion.

    If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining positions shall remain in full force and effect. This Agreement shall be governed and construed in accordance with the laws of the State of NSW, Australia. Both parties agree that any dispute arising out of this Agreement, or any relationship between the parties, will be resolved only in the state courts in the State of NSW, and in no other jurisdiction. Each party submits to personal jurisdiction in the State of NSW. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of purchase.

13. Acceptable Usage Policy
    Our Acceptable Server Usage Policy has been formulated with the following goals in mind:
    • Ensure security, reliability and privacy of our systems and network, and the networks and systems of others
    • Avoid situations that may cause us to incur civil liability
    • Maintain our image and reputation as a responsible provider
    • Preserve the value of Internet resources as a conduit for free expression
    • Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
    • Preserve the privacy and security of individual users

    The Acceptable Use Policy below defines the actions which we consider to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to our customers.

    Please note that the actions listed below are also not permitted via Resellers/Retailers on behalf of, or to advertise, any service hosted by us, or connected via our network.

    General Conduct:
    1. It is not acceptable to abuse support personel. Abusing support staff will result in termination of services.
    2. Customers are prohibited from transmitting on or through any of our services, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
    3. Our services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Country, State, or International regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. We reserve the right to remove such illegal material from our servers without any prior notice, and suspend the offending user's account if we deem it to be necessary.
    4. We are not a Hosting provider for pornography, however the transmitting of some types of Adult Content is allowed. Types of sites allowed may include art sites, medical or anatomy type sites, informational sites about escort services, adult products, swinging, singles, dating, gender specific or modeling. Any Adult Content must not include models under 18, or anything illegal and/or denigrating of gender or sexual preference. Sites must clearly state that they are Adult Content and that all models are over 18. All models must have given full consent in writing, for photos to be taken and shown publicly on the Internet. We must be provided with full web access to the site at all times including password protected Members Areas. We may require proof of consent from models.
    5. The customer is responsible for keeping their contact information up-to-date and accurate.

    Customers may not run scripts that use excessive System resources. We will be the sole determiner of what constitutes "excessive".

    System and Network Security:
    1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
    2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
    3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
    4. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
    Website Software:
    1. All Website software Core, Plugins and Themes must be kept up to date. Failure to do will be considered negligence and in the advent of the site being hacked may incur damages, determined by us, not being less than $200. If website software is not kept updated we may at our discretion force an update anytime. We accept no responsibility for forced update failures. If a site is hacked it will be suspended for a minimum of 48 hours and until damages are paid.
    Email:
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Customers may not send Email to any person who does not wish to receive it. If a recipient asks to stop receiving Email, the customer must not send that person any further Email.
    3. Customers may not advertise any part of their site through unsolicited bulk email (SPAM), whether sent using our services or someone elses.
    4. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, commercial advertising, informational announcements, and political tracts. Email may only be sent to those who have explicitly requested it.
    5. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
    6. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
    7. Forging of header information is not permitted.
    8. Automatic email checking at Intervals less than 10 minutes is not allowed, manual email checking of shorter intervals is allowed.
    9. Our accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy and/or the Acceptable Use Policy of that other provider.
    Newsgroups or Forums:
    1. Commercial posting to newsgroups, forums or anything similiar, promoting your site(s) hosted by us, must abide by any rules of etiquette for the particular newsgroup, as outlined in their respective FAQ (Frequently Asked Questions).
    2. Posting of a purely commercial solicitous nature, promoting your site(s) hosted by us, within discussion newsgroups is prohibited.
    3. Installing a Chat Server or IRC Bot on our server is strictly prohibited.