Knowledgebase

In these terms and conditions an account holder refers to the customer of AusHost and the services refers to the services or products supplied to the account holder including (but limited to) access to and use of, a server(s). AusHost reserves the right to suspend or cancel an account holder's access to any or all services provided by AusHost when AusHost decides (at its absolute discretion) that the account has been in contravention of the Acceptable Use Policy, inappropriately used or otherwise. These terms and conditions apply to initial and all subsequent orders howsoever placed by the account holder, or its authorised representatives.

1. SERVER USE

AusHost reserves the right to refuse service and/or access to its servers to anyone.

AusHost does not allow any of the following content to be stored or accessed on its servers:

Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.

Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of AusHost.

Warez, including bit torrent, pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

 2. BANDWIDTH

Each server on a 12 month contract (excluding Core 2 servers) has an allocated total monthly bandwidth allowance of minimum 750Gb. Specials are as advertised and all others are 100Gb total bandwidth per month. All servers on 12 month contract are only payable via d on a pre-pay basis. If the bandwidth allowance is exceeded, the account holder is liable for the cost of the exceeded bandwidth amount.

Bandwidth is monitored and AusHost reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $2.20 per Gb per month in excess of that allowed for the server. Extra bandwidth can be purchased on a pre-pay basis only for $140 per 100GB per month to a maximum of 500Gb per month. Pre-paid bandwidth cannot be used in the month in which it is purchased.

3. HIGH RESOURCE USER POLICY

Resources are defined as bandwidth.

When a server is found to be excessively using the resources available, AusHost reserves the right at its sole discretion to shut down that server immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate account holders may be offered an option whereby AusHost reactivate the server with additional resources for an additional fee.

While reasonable efforts will be made limit inbound and outbound attacks on severs, AusHost not be obliged to prevent, limit or stop such attacks and the accountholder shall be responsible for all bandwidth used whether or not used or contributed to, by an attack.

4. PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down AusHost runs a limited number of payment options.

Bank Transfer - This option is only available to Australian customers.

Credit / Debit Cards - Visa & Mastercard

PayPal - Not available when ordering dedicated servers.

5. CANCELLATION AND REFUNDS

AusHost reserves the right to cancel the services at any time if it reasonably believes the account is being misused, the Acceptable Use policy is Contravened or these terms and conditions are materially breached, in such event(s) account holders will not be entitled to any refund. Account holders on monthly contracts only may cancel their account at any time by giving AusHost written closure notification, received at billing@aushost.net.au (and such receipt is confirmed by AusHost to the account holder). Any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

6. PAYMENT POLICIES

All account terms are 7 days from date of invoice, however AusHost reserves the right in its absolute discretion to require payment in advance. Although AusHost reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for any period of prepayment. Charges will be invoiced either on each yearly anniversary or monthly on the first day of each month. Part months will be charged pro rata from the date the account was established.

All accounts are automatically renewed at the end of each payment period unless written closure notification is received at billing@aushost.net.au (and such receipt is confirmed by AusHost to the account holder).

Written closure notification must be received and confirmed:

(i) for servers or accounts on 12 month contracts or paid annually - at least 30 days prior to the due date.

(ii) for all other servers and accounts, notice must be received and confirmed at least 15 days prior to the due date.

The accounts department is only available during business hours Monday - Friday. Any requests made during these times will be dealt with next business day.

Where the account holder provided debit or credit card details and the debit is declined, AusHost may immediately suspend the account until outstanding charges are processed successfully. In addition, AusHost reserves the right to suspend any other services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account. The account holder may be charged a $40 administration fee for each declined or dishonored payment.

All invoices will be sent directly to account holders via e-mail. Any discrepancy in invoices must be declared within 3 days of receipt. No bills or invoices will be sent by regular mail.

7. EXTRA CHARGES

These only apply under the following terms:

1. Late payment fee $25 per service

2. Declined or dishonored payment fee $45

3. Re-activation fee $45 per service

4. Outstanding Payment Collection fee $200

5. Debt Collection Fee 15% of entire debt

8. GOVERNING LAWS

The agreement between you and AusHost shall be governed in all respects by the laws of Melbourne Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Melbourne Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

9. SEVERABILITY

Each provision of the agreement between you and AusHost including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.

10. INDEMNIFICATION

The account holder agrees that it shall defend, indemnify, save and hold AusHost harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against AusHost, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless AusHost against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with AusHost’s servers;

(2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement;

(4) any defective products sold to account holder from AusHost' server and any defamatory or allegedly defamatory material on AusHosts servers.

11. DISCLAIMER

AusHost will not be responsible for any damage, loss or liability the account holder or any third party may suffer. AusHost makes no warranties of any kind, expressed or implied for services we provide. AusHost disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from server failure, downtime, delays, non-deliveries, wrong delivery, and any and all service interruptions caused by AusHost and its employees or otherwise. AusHost reserves the right to revise its policies at any time. This and any other agreement with AusHost does not grant or entitle, expressly or otherwise, any right, title or interest in the hardware (including, but not limited to any server) of AusHost.

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