Terms of Service
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Bloghosters.com.au, (the “Services”). As used in this Agreement, “Stedmen Hosting” means Bloghosters.com.au, and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Stedmen Hosting site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Stedmen Hosting Site” refers to the Site located at the URL http://www.Bloghosters.com.au, or any other successor Sites owned or maintained by Stedmen Hosting.
1. APPROPRIATE USE OF THE SERVICES.
Stedmen Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Stedmen Hosting server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Stedmen Hosting or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate;
- violate any Stedmen Hosting policy posted on the Stedmen Hosting Site.
- contain viruses or other computer programming defects which result in damage to Stedmen Hosting or any third party.
Client may occupy only the amount of disk space on the Stedmen Hosting Server and utilize no more than the network bandwidth that is allotted by Stedmen Hosting. Also, Client’s bandwidth usage must be at least 50% web pages, evenly distributed throughout any given month. Should there be an over-usage of downloads of other types of files (as determined soley by Stedmen Hosting), additional bandwidth fees at $1/GB will be charged to the client. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- Unmetered Bandwidth
Certain plans may come with unmetered bandwidth. This means bandwidth is not actively monitored. However this does not mean the Client has access to unlimited amount of bandwidth usage. Should there be an excessive amount of bandwidth or CPU usage, as determined solely by Stedmen Hosting, the Client’s account may be suspended or the Client may be asked to upgrade to another plan. In such cases Client agrees to either switch to the recommended plan or have their account cancelled.
- No “SPAM”
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Stedmen Hosting, or otherwise, that mentions or reference any domain hosted on Stedmen Hosting servers or parked on Stedmen Hosting DNS servers. Violators will be have their accounts removed and be charged $65/hour (1 hour minimum) to investigate and delete the spammer’s account.
- Disk Space Usage
Customers may use their web space to ONLY store their web site. You may not upload files to your account, unless the file is to become part of the web site. You may not store personal files on your account. Web space is not for personal backups. All files on your web space must be linked to pages. That is, you may not have “orphaned files” (files that are not part of the web site). Please do maintenance from time to time and delete files that are no longer used. Always delete temporary files. Do not store thousands of files on a single directory. This slows down access to the file system, and will make the delivery of your files slower. Accounts found to be in violation of the above may have their files removed, and/or account terminated with our without prior notice.
- Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
- Back-Up Files
Client will have the ability to reinstate files which are automatically archived by Stedmen Hosting; however, Stedmen Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
Stedmen Hosting reserves the right to refuse service to anyone. Stedmen Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing, and no refunds of payment already made will be given in such cases. To report any unacceptable behavior by a third party using the Services, please contact abuse@Bloghosters.com.au.
Client agrees to follow the exact procedures outlined in the FAQ section “How do I close my account?” when closing their account. Stedmen Hosting must confirm the account cancellation request before it is cancelled. It is Client’s reponsibility to make certain of this. Also, Client agrees that hosting fees paid will not be refunded (excluding the initial money-back guarantee, if any). Stedmen Hosting, may, at it’s sole discretion, choose to refund part or all of a Client’s fees on a case-by-case situation. Should the cancellation procedure not be followed, the client agrees the hosting service will continue and hosting charges will be applied.
- Non-Payment/Returned Checks
Client agrees that all overdue invoices and checks returned NSF (non-sufficient funds) carry a $45 per overdue invoice/returned check administration fee. This fee will be charged to the client and client agrees to pay it within 30 days. After that, a monthly late fee of 1.5% will be added until the entire balance is paid.
Client agrees to pay all outstanding invoices. Should invoices not be paid and become overdue for more than 30 days, they will be sent to a collections agency whereby further action may be taken to collect the overdue debt.
2. CLIENT LIABILITY AND INDEMNIFICATION
- The parties agree that in no event shall Stedmen Hosting be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Stedmen Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
3. TERM, TERMINATION & REINSTATEMENT
- Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 3. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the Stedmen Hosting to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 – 8 shall survive termination or expiration of this Agreement.
- If Client terminates its account, Client shall be allowed to re-instate Client’s use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client’s account. Once payment has been received, Client’s account will be activated within Forty-Eight (48) business hours. Stedmen Hosting will try and maintain an archival copy of Client’s web site for Seven (7) days after Stedmen Hosting receives notice of cancellation. This is not a guarantee that the archive copy of Client’s web site will be kept for these Seven (7) days, however. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
- Client will pay and indemnify and hold Stedmen Hosting harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
5. DISCLAIMER OF WARRANTY
- THE SERVICES, THE STEDMEN HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE STEDMEN HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. STEDMEN HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STEDMEN HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
6. LIMITATION OF LIABILITY
- NO EVENT SHALL STEDMEN HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE STEDMEN HOSTING SITE OR ANY STEDMEN HOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL STEDMEN HOSTING’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
- If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Stedmen Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and Stedmen Hosting’s policies are subject to change by Stedmen Hosting without notice. Continued usage of the Services after a change to this Agreement by Stedmen Hosting or after a new policy is implemented and posted on the Stedmen Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Stedmen Hosting Site for any changes or additions.
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