Terms and Conditions & Acceptable Usage Policy
Last Updated: Thursday, 18th March, 2010.
Introduction
a. Within this document, ‘we’, ‘our’ and ‘us’ means Manu’s Web Hosting And Manu Ngamotu PTY LTD (ABN: 35 992 722 364) and ‘you’ and ‘your’ refers to the customer/client.
b. Within these terms and conditions, ‘Service’ refers to storage space on our servers while accepting a connection to and from the Internet for Web, E‐Mail, FTP and SSH as detailed within the selected package you have selected from our website.
c. This is an agreement that outlines the terms and conditions that will apply to any service you sign up to or have signed up for with us.
d. Any services that you have purchased are listed in a ‘welcome’ email that is sent to you after we accept your request for service(s). The specifications of the services are detailed throughout our website.
e. While you agree to our terms and conditions, you also must comply with our Privacy Policy, Acceptable Usage Policy and our Customer Resolution Policy.
f. You agree that you are 18 years of age or older when agreeing to these Terms and Conditions. Manu’s Web Hosting And Manu Ngamotu PTY LTD may request a copy of identification for verification purposes and must be done so by faxing a copy of your drivers license or some form of identification with your date of birth and full name shown.
2. Commencement of this Agreement a. This agreement will commence on the date your order of service has been accepted by us.
3. Availability of Service(s)
a. We will endeavour to provide an on‐going connection to our fleet of servers and services; however, we cannot be liable for any service interruptions or any downtime of service(s).
b. We will endeavour to perform any scheduled maintenance which may cause downtime during the time that would affect the fewest clients possible.
c. Should there be a requirement for our fleet of servers or services to be offline for more than 30 minutes, a scheduled outage will be posted on our website 48 hours prior to the outage. Details of the maintenance can be found at – http://my.manuswebhosting.net
d. Should we require an unscheduled maintenance, we will post details of the outage on our website. Details of the maintenance can be found at – http://my.manuswebhosting.net
4. Use of Service(s)
a. Manu’s Web Hosting And Manu Ngamotu PTY LTD reserves the right to refuse service and/or services to anyone/anybody.
b. Manu’s Web Hosting And Manu Ngamotu PTY LTD do not allow any of the following illegal material to be stored or accessible from any of its servers/services.
i) Illegal material including i) Copyright material; ii) Commercial audio, video and/or music files; iii) Adult material (any form of pornography and/or erotic images); iv) Bit torrents or peer‐to‐peer file sharing; v) Pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing; vii) Any type of violation under Federal, State or Local law or regulation anywhere in the world; viii) Links, how to and/or guides to information on anything that will/would/could violate Federal, State and Local Laws; What constitutes as “illegal material” is solely at the discretion of Manu’s Web Hosting And Manu Ngamotu PTY LTD..
c. This and any other agreement with Manu’s Web Hosting And Manu Ngamotu PTY LTD does not obtain you any rights to the hardware and any other infrastructure equipment nor any of the facilities used by us to deliver the service.
5. Backing up data
a. Should you opt to have your data backed up, this will be completed on a nightly bases.
b. In the event that equipment may fail or data may be corrupted, we will restore from the last known good backup taken.
c. Should any data that is backed up may be corrupted, you should be prepared to upload your data.
6. Ownership of server and network equipment
a. You obtain no rights to both the server and network hardware and any other infrastructure and facilities used by us to deliver services.
7. Customers responsibilities, liabilities and warranties
a. You warrant that you will keep all passwords secured that are used to access any of our services/servers to which in return will access your account(s).
b. Any data that is hosted on any of Manu’s Web Hosting And Manu Ngamotu PTY LTD servers on your behalf is copyrighted by you. Any licenses that maybe required for any data is your responsibility and Manu’s Web Hosting And Manu Ngamotu PTY LTD will not be held responsible whatsoever for any costs, actions, proceedings, claims, damages, expenses (including any legal costs or expenses), liabilities whatsoever.
c. You agree that you’ve undertaken such test on your computer before uploading any files that maybe infected and will not corrupt the data or systems of any services provided by Manu’s Web Hosting And Manu Ngamotu PTY LTD..
d. You also agree that you will take full responsibility when dealing with anyone who accesses your data and will not refer them to Manu’s Web Hosting And Manu Ngamotu PTY LTD in relations to such access to us.
8. Manu’s Web Hosting And Manu Ngamotu PTY LTD responsibilities, liabilities and warranties.
a. We accept responsibility, liability and warrant for the supply of Services in this agreement.
b. We do not warrant that
i) The services provided under this agreement will be uninterrupted or error free;
ii) The service will be free from intruders (hackers), virus or worms, attacks, a denial of service attack or other persons having unauthorised access to the services or systems of Manu’s Web Hosting And Manu Ngamotu PTY LTD.
c. In contrary to this agreement, we exclude all liability for indirect or consequential loss or damage of any kind, loss or corruption of data, loss of revenue and/or profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
d. In any event, we will not be held responsible or liable to you for any loss of business, contracts, profits or anticipated savings nor any other indirect consequential or economic loss whatsoever.
e. In no event will we be liable for any loss or damage to any data stored on Manu’s Web Hosting And Manu Ngamotu PTY LTD server(s).
f. We will not be held liable for the loss of any data from backup should a data restore be required. We will also not be liable for incomplete, out‐of‐date data from our backups.
9. Suspension and Termination of Services.
a. Manu’s Web Hosting may suspend or terminate your account if found to be in breach of any of these terms and conditions, if you have become insolvent or been declared bankrupt.
b. During any maintenance period, we may have to suspend or disconnect the service without notice or deny your access to the service during any point of a technical failure. In these circumstances you will remain liable for all charges throughout the period of suspension.
c. Should your service be terminated with us due to any breach within these terms and conditions, reactivation of your account will be at the discretion of Manu’s Web Hosting And Manu Ngamotu PTY LTD.. Should your service be reactivated, full payment of all outstanding amounts must be paid in full and a reactivation fee must be paid in full.
d. If you wish to terminate your account with us for any given reason, you may do so by giving us notice in writing by FAX with 28 days’ notice. No refunds are available for any service paid in advance.
e. A cancellation request must also be submitted through our online billing system (28 days prior to next invoice due date). This can be done by logging into your account at http://my.manuswebhosting.net/ and submitting a cancellation through here.
f. If we wish to terminate your service for other reasons other than breaching any of these terms and conditions, we may do son by giving you 14 days notice. In the circumstance that we will terminate your account, any credit on your account will be refunded.
g. If your account is closed/terminated/suspended, you must pay all outstanding charges in full within 7 days.
h. Should your account be terminated or suspended, Manu’s Web Hosting And Manu Ngamotu PTY LTD is under no obligation to provide you with a copy of your data or access to your data. Should we provide you with a copy of your data under any circumstances, Manu’s Web Hosting PTY LTD is entitled to charge a fee for this service.
10. Payments, Fees and Charges.
a. All charges that are payable by you to Manu’s Web Hosting And Manu Ngamotu PTY LTD for the service provided will be in accordance with the rates published on our website and will be due within fourteen days of receipt of invoice sent to you.
b. The price of the service we provide you will be the fixed price for the period covered by the payment be it monthly, quarterly, half yearly or annually. Should your service be renewed at the next billing cycle, you will be billed at the rates current on our website.
c. Should you exceed the fourteen day credit period, an $25.00 late payment fee will be applied 4 days after the invoice due date.
d. Should your account be re‐activated due to suspension of termination, a $25.00 fee will apply and must be paid in full before the service is reactivated.
e. Should we provide you with a copy of your data due to your account being terminated or suspended, a $40.00 fee will apply. This must be paid in full first before receiving the data.
f. All prices published on our website, invoices and quotes are inclusive of any government taxes or charges unless otherwise noted.
g. If you fail to make payment within the terms and conditions of this agreement, you will be held liable for the cost of collection. This will include interest on any overdue amount which is calculated at a daily rate of 10% per annum starting from the due date of the payment.
h. Payment must be paid in full before the provisioning of your account. Should payment not be received in full, Manu’s Web Hosting And Manu Ngamotu PTY LTD will not provision the account until full payment has been received.
i. No refunds will be given for any unused portions of payments that have been paid in advance. Under the circumstance that your account has been terminated, Manu’s Web Hosting And Manu Ngamotu PTY LTD will refund the remaining credit as outlined in these terms and condition, 7.e.
11. Changes to Terms and Conditions.
a. Manu’s Web Hosting reserves the rights to modify the terms and conditions of this agreement at any time. Manu’s Web Hosting agrees to notify you by e‐mail when changes are made to these terms and conditions.
12. Agreement
a. These terms and conditions constitute an entire agreement between you and Manu’s Web Hosting And Manu Ngamotu PTY LTD.. These terms and conditions supersede any other prior or future agreements, understanding and representations whether it be oral or written.
13. Governing Laws a. The agreement between you and Manu’s Web Hosting shall be governed in all respects by the laws of Queensland, Australia. Each party agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
14. Communications & Notifications
a. All notifications under this agreement will be addressed to you to your nominated Internet e‐mail address. By entering this agreement, you agree to have your e‐mail address up to date.
b. You agree to receive from time to time promotional and marketing e‐mails from Manu’s Web Hosting And Manu Ngamotu PTY LTD unless you opt out and remove yourself from any of our mailing list.
c. You will not be able to opt out of critical service notifications, invoices, renewals, billing & account notifications and scheduled downtime notifications or any other communications that are deemed to be an essential part of our service to you.
d. Manu’s Web Hosting And Manu Ngamotu PTY LTD will not give, provide or sell your contact details to any 3rd parties. Should your details become accessible by others, Manu’s Web Hosting And Manu Ngamotu PTY LTD will not be held liable.
Acceptable Usage Policy
Last Updated: Thursday, 18th March, 2010.
Introduction
This policy will outline what Manu’s Web Hosting And Manu Ngamotu PTY LTD deems to be unacceptable use of services that are provided by Manu’s Web Hosting And Manu Ngamotu PTY LTD (ABN: 35 992 722 364) (“we” and “us” and “our”) to the customer/client (“you” and “your”). We will make adjustments to this policy from time to time. When amendments to this policy are made, we will notify you of the changes to which you will then be obliged to comply with the amendment of this policy.Should you not agree to this Acceptable Usage Policy, you must notify us of the cancellation of your service(s) in writing by FAX within 24 hours of notification.
This policy applies to the owners and operators of all services provided by Manu’s Web Hosting And Manu Ngamotu PTY LTD.. This policy is also directed at the users or customers who may want to lodge a complaint about alleged breaches of this policy. The user of our services that contravenes the various Commonwealth and State laws of Australia that govern many aspects of the Internet us, by definition are found to be unacceptable use. Manu’s Web Hosting strongly advises the owners and operators of the services hosted by us to familiarise themselves with these laws and to a hear to them at all times.
It is condition of contract that all customers agree to complete with this Acceptable Usage Policy. Your decision to purchase service(s) from Manu’s Web Hosting And Manu Ngamotu PTY LTD will signify your acceptance of the terms of this Acceptable Usage Policy.
4. Manu’s Web Hosting And Manu Ngamotu PTY LTD responsibilities.
We will take the measure required to ensure all owners and operators of our services we host comply with this agreement. We reserve the right to monitor your compliance and take action we deem is necessary. We are obliged to act on any complaints from a person or another Manu’s Web Hosting customer and will fully cooperate with law enforcements agencies.
5. Unacceptable usage by customers
You agree not to use our services or attempt to use the service in any way that;
i) Breaches the Law
Results in you or Manu’s Web Hosting And Manu Ngamotu PTY LTD being involved in a breach of law, order of regulation
ii) Obscene and abusive
You may not publish, transmit or store any material that is seen to be obscene or abusive in any shape, form or manner on the Manu’s Web Hosting And Manu Ngamotu PTY LTD servers and network.
iii) Offensive Content You may not publish, transmit or store any material (promotes or related to child pornography, bestiality, non-consensual sex acts, any form of violence, language that is seen as harassing or hate speech, deformation) on the Manu’s Web Hosting servers and network.
iv) Bulk & SPAM E‐Mail
You may not use Manu’s Web Hosting mail servers (on any of our shared & reseller hosting servers and any of our Microsoft Exchange servers) to send bulk e‐mail unless otherwise requested and written agreement has been approved by Manu’s Web Hosting
v) Illegal business practices
Engages in any misleading or deceptive business practice as well as marketing and promotions. This also involves any form of illegal pyramid selling schemes.
6. Excessive Resource Usage
Excessive resource usage results in excessive loads being generated on our servers, network and other resources which results in undue burdening to other Manu’s Web Hosting And Manu Ngamotu PTY LTD clients or of the service in general.
7. What we will do about unacceptable use.
It is at the discretion of Manu’s Web Hosting And Manu Ngamotu PTY LTD to suspend or terminate a customers access to any or all services provided by Manu’s Web Hosting And Manu Ngamotu PTY LTD if found to be in breach of the terms of this Acceptable Usage Policy. Manu’s Web Hosting And Manu Ngamotu PTY LTD reserves the right to decide whether any action would constitute an unacceptable use of the service and may take the appropriate action required to suspend or terminate the service. Manu’s Web Hosting And Manu Ngamotu PTY LTD decision will be final. Manu’s Web Hosting And Manu Ngamotu PTY LTD will not automatically assume or allege any unacceptable usage against you unless proven and the situation has been accessed by Manu’s Web Hosting And Manu Ngamotu PTY LTD.. Should your account be in breach of the terms of this Acceptable Usage Policy in section 6, Manu’s Web Hosting And Manu Ngamotu PTY LTD is obliged to seek legal advice and to report the matter to the relevant government authority to further investigate. Should the government authority require a copy of data; this will be provided to them without the consent of the customer Nevertheless, Manu’s Web Hosting And Manu Ngamotu PTY LTD reserves the right to suspend or terminate your account without any notification to you if the circumstances dictate that immediate action is required.
8. Complaints process.
Should customers and non‐customers require making a complaint, it is requested that this be sent to info @ manuswebhosting . net. All complaints will be kept on record and investigated properly by Manu’s Web Hosting We will attempt to resolve the issues to the best we can for the satisfaction of the complainant. If unsuccessful in resolving the issues, Manu’s Web Hosting And Manu Ngamotu PTY LTD will provide your contact details to the complainant (we will comply with all Privacy Laws in regards to this matter) to allow them to resolve any issues. Should this step become unsuccessful in resolving any issues, we will then advise the complainant with the correct contact details provided by us to contact the Australian Broadcasting Authority or the correct government authority. Depending on the outcome from both parties involved in the complaint, Manu’s Web Hosting And Manu Ngamotu PTY LTD reserves the right to make the final decision to either suspend or terminate the service should we see fit.
9. Liabilities & Indemnities
Manu’s Web Hosting And Manu Ngamotu PTY LTD will not be held liable for any loss of benefit you might incur while your service is suspended or terminated where you’ve breach the terms on this Acceptable Usage Policy. Should we be required by the Australian Broadcasting Authority under a taken down notice in accordance with its obligation under the Broadcasting Services Amendment (Act in 1999) or notice from a government authority department to take down your service, we will do so without notification. You agree to indemnify Manu’s Web Hosting And Manu Ngamotu PTY LTD against any claim a user or another customer might make as a result of any loss of benefit or damages they will incur as a result of a breach of this Acceptable Usage Policy.
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