Aussienet Internet Services NSW
 
Terms of Service
 

Aussienet Internet Services NSW - Terms of Service

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1. CONTENT.
All services provided by Aussienet Internet Services NSW are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Aussienet Internet Services NSW, from any claims resulting from the subscriber's use of Aussienet Internet Services NSW' services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Aussienet Internet Services NSW server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Aussienet Internet Services NSW servers or any other server on the Internet. Links to such materials are also prohibited.

    Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Adult Sites
  • Game Servers (dedicated game server programs)

Aussienet Internet Services NSW will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

 

2. Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provides chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Aussienet Internet Services NSW server or any server located on the Aussienet Internet Services NSW network is STRICTLY prohibited. Aussienet Internet Services NSW will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Aussienet Internet Services NSW. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Aussienet Internet Services NSW staff.

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs - We do not allow any kind of background running programs or processes.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a Aussienet Internet Services NSW server or subscriber of Aussienet Internet Services NSW is strictly prohibited including, but not limited to:
  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system


You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Aussienet Internet Services NSW and all dedicated servers must adhere to the above policies.

 

3. Scheduled Maintenance and Downtime.

Aussienet Internet Services NSW will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Aussienet Internet Services NSW' control or which are not reasonably foreseeable by Aussienet Internet Services NSW, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Aussienet Internet Services NSW will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Aussienet Internet Services NSW has no responsibility for downtime resulting from a user's actions.
 

 

4. Bandwidth.
AussieNet Internet Services NSW operates a quota policy Bandwidth. If you exceed the monthly bandwidth allotted, an additional charge would be due. 
 
 


5. Refunds.
Customer refund requests are to be sent to accounts@aussienet.com.au or by our support Phone Numbers in Office Hours.
Refunds are only valid when cancelling your Hosting here at Aussienet Internet Services NSW. Proof of ownership to the Domain Hosting Package is required before we canecel an account and refund any monies owed.
Refunds are for whole remaining months only !
i.e. If it was the 12th of February in a 3 month cycle of January to March, you would only be entitled to one (1) month refund.

** Once a domain name has been registered - NO refund is applicable !!! **

Accounts terminated due to a violation of these Terms of Service are not eligble for refunds.

 

6. Limitations on Use.
Any account using 10% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. Aussienet Internet Services NSW maintains the right to cancel accounts at its discretion.

Dedicated server bandwidth allocations are equally distributed between in/out (i.e. downstream/upstream). For example, 2000GB of total server bandwidth allocation signifies 1000GB inbound allowed and 1000GB outbound allowed within a given payment cycle. Overage in outbound direction may not be set-off by unutilized bandwidth in the inbound direction and vice versa.
 

 

7. Account Setup, Termination, and Billing.
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are generally the 28th of each month.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 10 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $20 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Termination of account in a given month requires at least ten days notice prior to that month's billing date, otherwise account termination and billing termination will not take effect until the subsequent month's billing date.

Virtual Domain Names: Extra additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

Domain Name Transfers: Aussienet Internet Services NSW shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

 

8. Courtesy Services for Customers
All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Aussienet Internet Services NSW is not responsible for lost data or for lost data due to third party software that is not maintained by Aussienet Internet Services NSW programming staff. (cPanel is not associated with Aussienet Internet Services NSW)

 

9. Limitation of Damages.
Recovery of damages from Aussienet Internet Services NSW may not exceed the amount of fees it has collected on the account.

 
 

10. Indemnification.
Customer agrees that it shall defend, indemnify, save and hold AussieNet Internet Services NSW harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against AussieNet Internet Services NSW, 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 harmless AussieNet Internet Services NSW against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with AussieNet Internet Services NSW's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from AussieNet Internet Services NSW's server. 
 

 

11. Disclaimer.
AussieNet Internet Services NSW will not be responsible for any damages your business may suffer, AussieNet Internet Services NSW makes no warranties of any kind, expressed or implied for services we provide. AussieNet Internet Services NSW disclaims any warranter merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by AussieNet Internet Services NSW and its employees.
 

 

12. General.
Terms of Service are subject to change on seven (7) days written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber.

These Terms of Service are a legally binding contract between the subscriber and Aussienet Internet Services NSW.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Aussienet Internet Services NSW administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Aussienet Internet Services NSW maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

 

13. Remedy.
You agree that your sole and exclusive remedy to any issues relating to the Aussienet Internet Services NSW Hosting Service is to discontinue using the Service.


AussieNet Internet Services NSW reserves the right to revise the above terms and conditions at any time.