Terms Of Service
Effective: 1/1/2019 Updated: 25/02/20
Agreement and Terminology
“Client(s)”,” you”, “your”, “their”, “they” and “customer” refers to you. “We” “Down Under Host” “us” our” refers to our business Down Under Host
1.2 By purchasing and using services and products provided by Down Under Host you are agree to comply with our Terms of Service and all Legal Policies. Down Under Host reserves the right to change the Terms of Service and all policies at any time without notifying clients. It is recommended clients regularly read over the Terms of Service regularly to keep up to date. If a client breaches any policy or Terms of Service, they will be suspended and or terminated without refund.
1.3 Data or material in violation of any Australian Federal, State or Local law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret or another statute. The subscriber agrees to indemnify and hold harmless Down Under Host from any claims resulting from the use of service which damages the subscriber or any other party.
1.4 This Agreement is governed by, and construed in accordance with, the laws of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.
Shared hosting accounts are utilising shared resources. Any account that uses a high amount of server resources (such as, but not limited to, CPU Time, CPU Usage, memory usage and network resources) will be asked to reduce the used resources to an acceptable level. Down Under Host will be the sole arbiter of determining what is high server usage. Failure to Comply will result in service suspension and/or termination without refund.
Payments, Refunds and Dispuites
Down Under Host offers a strict 48-hour refund policy on all products and services except domains and promotional offers which are strictly non-refundable. Invoices that are not successfully paid for by the due date will automatically gain a 10% late fee on the original invoice amount. Down Under Host reserves the right to terminate or suspend any product or service that is overdue at any time. Any payment disputes will result in immediate termination of any services or products. Any threats including but not limited to discrimination and legal threats will result in immediate termination of account and services.
Prohibited Material and Activities
The following material and activities is prohibited on all Down Under Host services:
- IRC related items
- Proxy scripts
- Nulled or pirated software
- Image or File hosting
- PTC sites
- Spam or bulk mail scripts
- Hacking sites
- Site that promote illegal activity
- Sites or forums that link to or distribute illegal software
- Bitcoin miners
- Chatroom scripts
- Auto-blog scripts or plugins
- Any type of spamming
4.1 Sending unsolicited or solicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Down Under Host, but also because it can overload Down Under Host’ network and disrupt service to Down Under Host’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Down Under Host investigate and shut down the account that is spamming. A $250 charge for violating this policy will be charged to the person initiating the spam. Furthermore, Down Under Host’ reserves the right to prosecute for this violation. A $1.00 charge will be assessed per email/message sent should Down Under Host’ choose to pursue and prosecute.
Service Level Agreement (SLA)
Down Under Host guarantees a 99.95% service (HTTP, FTP, POP, IMAP, SMTP) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, you will be refunded a pro-rated amount up to 100% of the service cost. You must contact our support team to have this credit applied.
Although Down Under Host backs up all CPanel accounts daily. We are not responsible for any data loss or corruption. It is highly recommended clients back up their data offsite regularly.
Down Under Host affiliates will receive 15% commission per sale by using their ‘unique referral link’. Affiliates can request withdrawal once their ‘available commission balance’ has reached $50.00 AUD. Commission is paid via PayPal Goods and Services. Any sending fees associated with PayPal are deducted out of the final commission amount.
Limitation of Liability
Down Under Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Down Under Host going off-line or being unavailable for any reason whatsoever. Furthermore, Down Under Host shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Down Under Host servers. All damages shall be limited to the immediate termination of service.
8.1 Down Under Host cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Down Under Host are resold. Thus, certain equipment, routeing, software and programming used by Down Under Host are not directly owned or written by Down Under Host. Moreover, Down Under Host holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Down Under Host sees fit.