Terms of Service
Effective Date 9/05/2014
Our Terms of Service are the conditions you must agree to prior to using our services.
HOST101 (“we”, “us”) provides hosting, email, and domain name registration services together with such other services as are agreed between it and the customer (“the Services”).
By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all HOST101 accounts. They set out the basis on which we offer our services and should be read carefully.
2.1 HOST101 will use reasonable efforts to supply a continuous service. However, HOST101 is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. HOST101 is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that HOST101 is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise which falls outside of our Service Level Agreement (SLA). HOST101 is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of the law.
2.3 HOST101 customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
2.4 From time to time HOST101 or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. HOST101 will give as much notice as possible and shall try to keep this work to the period specified in the notice. HOST101 accepts no liability whatsoever arising from such a suspension of the service.
3. Banned Content
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. The list of banned content includes, but is not limited to :-
(a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
(c) HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
(d) Proxy – We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our VPS Hosting and Dedicated Servers. The first offence committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
(e) IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
(f) Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(g) Bit Torrents: Use of software and scripts for “bit torrents” or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
(h) Game Servers: Single or multiplayer game servers are not allowed on our servers.
3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. We do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify HOST101 against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by HOST101 in consequence of the Customers breach or non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against HOST101 arising from breach or breaches of this Clause 3. HOST101 may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide HOST101 with the assistance necessary to defend such claims, at the Customer’s sole expense.
4.1 You agree and understand that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.
5. Adult Content
We allow websites with legal adult content permitted under the laws governing the state of Victoria, Australia where the servers are located. We do not allow pornographic or sexually-explicit images of children or any pictures/ video which are obtained illegally to host on our servers.
6. Size limitations
You agree and understand that you are bound by the hard limits of the services disk space and cannot exceed this for any reason. In particular, when down sizing from a larger plan, you are required to make sure that you file system size is less than or equal to the file size of the new system or else your new service may be rendered unusable.
7. Server / Staff abuse
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
7.4 Denial of Service (DOS) attacks directed at HOST101, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.6 If you are in any way disrespectful towards any member of the HOST101 staff we have full right to terminate your account with us without any refund.
If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
9. Spam/Unsolicitated Email
9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your Account for immediate deactivation with no refund. HOST101 would be the sole arbiter as to what constitutes a violation of this Clause.
10.1 If paying by a PayCal eCheque, please allow 5 working days for the eCheque to clear and for us to open the Account.
10.2 Invoices are generated 14 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 3 days after the official due date. If no attempt is made within the next 7 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held.
11.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
11.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
11.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
11.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
11.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
11.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
11.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
11.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. HOST101 will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
11.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services and to contact our support team to white list your current ip address.
12. Modification of terms of service.
12.1 HOST101 reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
13.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
13.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
14. Effect of termination
14.1 On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to HOST101 within 7 working days.
15. Limitation of liability
15.1 HOST101 disclaims all liabilities in connection with the following :
(a)loss of material uploaded; (b)incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links; (c)technical problems including errors or interruptions of the Services; (d)unsuitability, unreliability or inaccuracy of the Services; (e)computer viruses of any kind obtained by the Customer in the course of using the Services; (f)any security breaches whatsoever affecting the Customer’s Account.
15.2 In no event shall HOST101 be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
15.3 Nothing in this Clause 20 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
15.4 Subject to Clause 16.1, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
15.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
15.6 HOST101 will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
16.1 The Customer agrees that it shall defend, indemnify, save and hold HOST101 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against HOST101 , its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.