DragonHost Computer & Internet Services
Hosting Terms Document
Last Revised: Friday 19th December 2008
Version: 5.1
Recitals
This is a legal agreement between You and DragonHost Computer & Internet Services
The terms and conditions outlined below are designed to protect and benefit clients. The terms and conditions ensure that our Servers are used only for legal and appropriate purposes, and that no client uses the servers unfairly.
A customers account can be terminated without warning at any time for breaches of the Terms and Conditions document.
Before placing Your website on Servers operated by DragonHost Computer & Internet Services, You must read the Agreement and accept its terms and conditions.
If You do not wish to be bound by the terms and conditions of the Agreement, You MUST cancel this signup now!.
Definitions
"Agreement" means these Terms and Conditions of Service.
"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.
"Client" means any person to whom DragonHost Computer & Internet Services provides the Service.
"domain parking" means one or more domain names pointing to Your website, or any part of it.
"DragonHost Computer & Internet Services", "we", "our" and "us" means T.V GEDDES (ABN 37 806 276 858).
"person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
"Servers" means all Servers owned or operated by DragonHost Computer & Internet Services, and which You may access or use, as a result of DragonHost Computer & Internet Services providing the Service.
"Service" means the hosting of Your website and related services on Servers operated by DragonHost Computer & Internet Services, including access to Your website by You or any other person.
"website" includes all aspects of the Service (website, mail facilities, FTP access etc).
"You" and "Your" means the person who agrees with Infotech Hosting to have a website hosted on Servers operated by DragonHost Computer & Internet Services.
Ordering
You acknowledge that when setting up an account with us:
-All details are appropriate and correct
-Domains, Credit Cards, Hosted Content is legal
-Your domain name cannot be changed once it has been registered
-Appropriate notice must be given for cancellations otherwise extra charges will apply
Conduct
You acknowledge that once you have an account with us:
-You WILL NOT use the account for hosting illegal content. This includes Unlicenced Software, Music, Video, Documents.
-You MAY NOT use any of the following scripts on your account:
GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
nph-proxy
The Anonymizer
lstmrge.cgi
topsites.cgi
bindshell
psybnc
Furthermore we strictly prohibit the use of Bulletin boards which run server intensive flat file systems, we do supply a fully pre-installed Bulletin Board phpbb.
-You WILL NOT host or link to any websites which display adult content such as pornographic material, escort services or the like.
-You WILL NOT host or link to any websites which contain, advertise or display content which we consider to be gambling related or alcoholic beverage sales.
-You WILL keep your account information secret and not reveal your details to any third party.
Spam
You must not send unsolicited email messages from a DragonHost Computer & Internet Services server.
You must not use an email address or domain name that is hosted by DragonHost Computer & Internet Services to send unsolicited email messages.
Backups
DragonHost Computer & Internet Services does not accept responsibility for lost website data through server crashes, website hacks and accidential deletion by a customer.
You are advised that it is in their best interest to make use of the Backup facilities located in the cPanel Control Panel. Please contact us for assistance on how to use this.
Although waiving responsibility, we do make weekly and monthly backups for security and ease of migration between equipment that can be restored upon request by a customer. Please contact us to have this completed with your account.
Payments
All accounts are setup on a prepay account. Account holders will be required to make a full payment either monthly, quaterly or annually before their account will be activated.
We reserve the rights to change package structures and pricing at any time without prior consent or consultation from the customer. We will advise customers when the change has been made and make options available to best suit the customers needs.
Accounts that have not been payed will continue to be hosted for another 10 days after the due date and after this time will be suspended until a payment is made and a $5.50 charge incurred per week for a maximum of 1 month until resolved.
Payment Options
DragonHost Computer & Internet Services accepts payments of Visa and MasterCard Credit Cards via the Paypal gateway, Paypal, Cheque, Direct Deposit and Cash (Local Accounts Only). Paypal customers will be charged $1.00 for transaction charges.
Cancellation/Refunds
Cancellation of services requires 5 working days notice and an email sent to our customer support department - customer.support@dragonhost.net.au. If this time has not been provided and the customer still want's to cancel the account, then a $5.50 late cancellation fee can be applied.
DragonHost Computer & Internet Services has the right to cancel an account at any time without user intervention. Customer refunds are only given for network non-performance. A refund shall not be given for change of mind or for users who are breaking their contract. Refund requests will need to be emailed to accounts@dragonhost.net.au.
Technical Support
Customer agrees that technical support will be given for server, server software and domain troubles only. Problems arising from programming of websites or content will not be coverered by support and may be charged at the discression of DragonHost Computer & Internet Services.
Technical Support is available by email 24 hours a day/7 days a week and by telephone 5 days a week during business hours. If someone is not available your query will be responded to within 5-6hours.
Indemnification
DragonHost Computer & Internet Services will not be held responsible for any damages your business or you may suffer. We make no warranties of any kind, expressed or implied for services we provide.
We disclaim any warrantor 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 DragonHost Computer & Internet Services and its employees.
DragonHost Computer & Internet Services will not be held responsible for any content hosted on clients sites.
Laws
This agreement shall be governed by the laws in force in the state of New South Wales, Australia. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.