hostspace.com.au agreement date:

Excluded Services
Host Space does not host child pornography, illegal material, hate material, anti government material, and warez sites. If this type of content is found on our servers, website will be removed, account deactivated and NO refund will be given. Adult content is permitted, however not with these prices due to high traffic issues. Contact sales for the price structure.

Commencement Of Service
After payment has been approved by our bank, hosting account, domain name etc are set-up or registered within 1 - 24 hours. Domain name registration and activation is subject to domain Registrar schedules. Set-up details and tax invoice will be sent via email. A request for a replacement set-up email and/or tax invoice will incur a charge of $15.50 to cover adminstration costs.

Free Hosting
org.au domain names are the only names we offer free hosting and is negotiable if you can prove your organisation is for the benefit of the community. To be entitled to free hosting, a link back to Host Space must be visible on every web page or a hosting fee applies. Services can be upgraded at any time to our standard costs promoted on our website.

Hidden Directories or Files
Host Space will not provide services and will immediately terminate existing services without any compensation or refund if a customer's web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded or any hosted services.

Email
Sending SPAM is not permitted and in Australia you now can be prosecuted and receive hefty fines for doing so. Opt-In mail lists are NOT classed as SPAM. 'Unlimited Email' is limited to accounts that are necessary to communicate for your business only - not 'free for all'. We do not permit customers to offer free email accounts. It is the customers responsibility to set-up email accounts on their own computer. Customer needs to be aware that emails are counted into the total disk allocation if left on the server and excess disk space fees apply in doing this. By following the instructions on the support pages will prevent this from occurring.

Downtime
Where we offer a 99% uptime guarantee, Host Space cannot be held responsible for server failure beyond reasonable control. We strive for customer satisfaction and if a server failure does occur - we will endeavour to ensure your website is reinstated as quickly as possible. From time to time, servers require a restart and the customer's website may not be live for a period of twenty minutes. The 99% downtime excludes scheduled maintenance.
Host Space will not be held responsible for any script failure stored on the server and loss of custom because of this. It is highly recommended that the customer be responsible for the management of their own scripts. Any scripts offered by Host Space is for convenience only.

Communication
Unless otherwise agreed to, Host Space communicates with all customers via email. All notifications of change of services will be posted on the support pages as well as being sent via the mail list server. All customers are expected to subscribe to this service for their own benefit. We do not email individual customers to inform them of changes to our services.
Host Space cannot be held responsible for the failure to receive your account details when you provide a 'free' email address such as Yahoo, Hotmail or GMail. Always give your ISP address to avoid free email addresses filtering your emails from us.

Invoices, Statements, Renewal notices
All are sent via email. We do not send out statements, however all customers receive an email copy of their original order and can use this as their statement.

Security and Integrity of Information
Although Host Space and its' partners implement current technology for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. The customer agrees to hold host Space harmless in case of loss of information and/or loss of privacy regardless of reason or cause. Host Space does not rent or sell our customer listings. Backup files should always be made of all folders and files on the hosted site and it is recommended that these folders and files be burnt to CD for archiving. Host Space offers a file back-up service if necessary. Host Space will not communicate with any person, unless the email address was given to us, in the original order or when the customer informs us to communicate with this person. Webmasters who are not the domain owners fall into this category.

Data backup
In the event that any of Host Space's services experience a data loss we will restore your account to the level that it was when your account was set-up. We will do our best to restore your files if possible. In no case can we restore your files if you happen to remove them. You must maintain a current backup, if you do not do so, it is at your own risk. Host Space is not liable for any lost data for any reason.

Support
Hosting support is free of charge. Minor basic coding support is provided free of charge as well. All support is via email in a queue system to be fair to all customers. Customers experiencing problems with the servers have priority. Support is not given to phpBB, osCommerce, Mambo CMS, PostNuke CMS, BBClone users, Dada Mojo mail, third party scripts, .asp errors. Contact the relevant newsgroups, forums or script creators for support instead.

Non-payment
Failure to make designated renewal payment by the due date will terminate your account immediately and your site will be removed. Reactivation will incur an additional fee of $49.00. N.B Host Space does not charge any set-up fee like most hosting companies if you pay annually, but will charge a reactivation fee. If, when trying to process a monthly payment, your card is declined or you have cancelled your card, we give you 24 hours to provide a new credit card for your payment. If after 24 hours this payment has not been received then your account will be disabled and your email will no longer work. A fee of $49.00 applies to have your account reinstated.

Cancellation Of Services Refund Policy
Host Space wishes to promote the satisfaction of the customer always however if you change your mind and decide to terminate your hosting and request a refund this will not be granted if you cannot give just reason why your account should be terminated. You will be entitled to a refund for any unused months if - the hosting did not meet the criteria as promoted on the website, features were not what where promoted on the website, downtime exceeded the guaranteed uptime. In the case of downtime, you will need to provide evidence such as site logs when the site was down. Website monitoring companies logs are NOT acceptable as they route through their own servers and these servers may be down and not ours. If the customer who has paid annually wishes to terminate their annual account, the customer will be given a refund for any unused months with an administration fee of $15.50, but only when the standard of hosting does NOT meet what is promoted on the website. Being an Australian registered company, you are protected by the Office of Fair Trading regulations and the Trade Practices Act of 1974.

Copyright
All information on this site and on emails sent, including the text, images, graphics, banners, HTML code, scripts, remain the property of Host Space and cannot be used without our written consent. Blatant theft will result in legal action.

Legal Action
Host Space cannot be held liable for any content posted by customers, or any damages you, your business or any other entity suffer as a result of downtime or termination of your account. Any legal action must be taken in the city of the Gold Coast, in the state of Queensland, in the country of Australia.

Modification
This Agreement may be modified, amended, cancelled or altered, and it may be modified by custom and usage of trade or course of dealing. Both of the parties hereto agree to such modification by Host Space. Host Space's web site will show a notice informing: All services provided is subject to the 'Services Agreement'. Subject To Changes. E. & O. E.

© 1999-2005

Last updated: 24/10/2005