Terms of Service

1. Services

Australia Web Hosting / Hosting Services-USA-Taiwan-Philippines agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.

2. Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who exceed the limit of their account will be sent an email with the option to either upgrade their account or reduce their storage and/or usage. If customers continue to exceed limits, we will do everything possible to fix the problem. We reserve the right to suspend accounts for continuous violations.

If customers sign up for an account and cancel within the first month, they will still be charged for the full first month.

3. Copyright Files

All files stored on our servers must be legally owned and accompanied with a valid licence and/or copyright. This includes but is not limited to: MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO files. Should we discover any unlicensed and/or illegal files, those files will be subject to deletion without notice.

4. Website Development Projects

By registering on our site to obtain website development services, you agree to the following terms:

Project Commencement
Website design and development work will begin only after we have received the required deposit.

Client Responsibilities
The client is responsible for providing all content and images in the requested format and in a timely manner. Clear feedback and direction on design and layout must also be provided to ensure progress.

Communication Policy
If we do not receive any communication from the client for a period of 14 consecutive days, we will issue a notice indicating that the project is at risk of being shelved. The client will then have 3 days to respond with either the necessary materials or their intention to continue or cancel the project.

Project Shelving and Closure
If no response is received after the 3-day notice, the project will be shelved and considered closed. All associated site files will be retained for 30 days from the closure date before permanent deletion. We will make one attempt to notify the client prior to file deletion.

Reactivation Fee
If the client wishes to resume the project after it has been shelved, a $100 USD reactivation fee will apply. Any remaining balance on the project must also be paid in full before work resumes.

5. Cancellation of Service

We reserve the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and refunded if we exercise our right of cancellation. Any policy violation that results in extra costs will be billed to you.

6. Promotional Rates & Special Offers

We may offer promotional rates or special offers from time to time. Any such promotions shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, where they conflict with this Agreement, shall govern.

Different promotional offers may not be combined. Promotions that include a domain name are not refundable and are not covered by our 30-day money-back guarantee, as the cost of the domain is typically covered by the first month's payment.

7. Intellectual Property Rights

Material accessible through our services may be subject to protection under copyright laws or laws protecting trademarks, trade secrets, and proprietary information. You must not use our servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights. If you use a domain name in connection with your services, you must not use that domain in violation of any trademark or service mark of any third party.

8. Network Security

Customers may not use our network to attempt to circumvent user authentication or security of any host, network, or account. This includes but is not limited to:

• Accessing data not intended for you
• Logging into a server or account you are not authorised to access
• Password cracking or probing the security of other networks
• Attempting to interfere with or deny service to any user, host, or network (e.g. flooding, mail bombing)

We will cooperate fully with investigations for violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

9. Electronic Commerce

You will be solely responsible for the development, operation, and maintenance of your online store and products, including:

• The accuracy and appropriateness of content and materials within your store
• Ensuring that content does not violate or infringe upon the rights of any third party
• Ensuring that content is not libellous or otherwise illegal
• The final calculation and application of shipping and sales tax
• Accepting, processing, and filling any customer orders
• Handling any customer inquiries or complaints

You are also responsible for the security of any customer credit card numbers and related information. All such information must be kept confidential and treated with the same degree of care and security as your own confidential information.

10. Static & Dynamic Content Caching

You expressly grant us a licence to cache the entirety of your website, including content supplied by third parties, hosted under this Agreement. You agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

11. IP Address Ownership

We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you. We reserve the right, in our sole discretion, to change or remove any and all such IP numbers and addresses at any time.

12. Domain Name Registration

You agree to pay us the then-current amount for the initial registration of the domain name and, should you choose to renew, subsequent renewals. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled, or transferred prior to the end of your then-current registration term.

Transferring a domain to us: You agree that the transfer may fail and all fees are non-refundable for reasons including but not limited to: no response from the Registered Name Holder or Administrative Contact, domain in Registrar Lock status, or domain registration expiry constraints.

Transferring a domain away from us: We reserve the right to reject the transfer request for reasons including but not limited to: Registrar Lock status without a request for change, or domain expiring in less than 60 days.

Domain registrations are non-refundable. Please do not purchase a domain name until you are certain it is exactly what you would like to buy.

13. Lawful Purpose

We reserve the right to refuse service to anyone. Our services may only be used for lawful purposes. Our services may not be used for illegal purposes or in support of illegal activities. If anything is not legal in the United States of America, it is not permitted to reside on our servers.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that we may disclose any and all your information, including assigned IP numbers, account history, and account use, to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. In no event shall our maximum liability exceed $250.00 USD.

14. Privacy Statement

Australia Web Hosting / Hosting Services-USA-Taiwan-Philippines follows strict guidelines regarding customer privacy. Please review our full Privacy Policy to understand how we collect, use, and protect your personal information.