Term Of Use
These terms and conditions ("Agreement") are a legal agreement that govern your use of the services provided by Host Now Group, including Web hosting, email hosting, backup MX, secondary DNS and domain name registration ("Services"). By using or continuing to use the Services, you indicate your assent to this Agreement.
1. Provision of Services
1.1 - On and from the date of payment by you of the initial fees (as set by Host Now Group from time to time) for the Services or on approval of a monthly account, Host Now Group agrees to provide the Services to you for the period to which those fees apply subject to the terms of this Agreement.
1.2 - Host Now Group shall, subject to the Agreement, use its reasonable best endeavours to maintain the continuity of Services to you for the term of this Agreement.
1.3 - The Term of this Agreement is extended by agreement between the parties by the payment of the renewal fees for the Services that you have obtained from Host Now Group.
2. Client Obligations
The following term (2.1) will be waived if applying for a prepaid account & you are not a permanent resident of Australia.
2.1 - You warrant to Host Now Group that you are at least 18 years of age. Host Now Group may terminate this agreement immediately without providing a refund if it discovers that you are under 18 years of age at the time of entering into this Agreement.
2.2 – You agree to pay all fees and charges as applied to your account.
(Please see the Payments Section for more details.)
2.3 - You undertake to Host Now Group not at any time to publish using the Services any material that infringes any third party's intellectual property rights or any other rights. You further agree to comply strictly with all relevant laws, regulations, ordinances and other legislation of whatsoever character as amended from time to time.
2.4 - You shall not permit any other person to use your username in order to gain access to the Service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the Services. If your password becomes known, you will inform the Host Now Group help desk immediately. The Host Now Group help desk may require you to change your password where it considers necessary.
2.5 - You agree at all times to indemnify Host Now Group for any expenses, costs, damages, penalties, imposts and any other liabilities Host Now Group incurs from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with Host Now Group providing you with the Services, including without limitation liability for breach of copyright or any other intellectual property rights.
3. Acceptable Use
3.1 - You may only use the services for lawful purposes; in particular you may not use the services:
a) to publish defamatory, offensive or abusive material or material of obscene or menacing character; or
b) to publish any material (including viruses) which is likely to cause harm to Host Now Group or any other computer systems.
c) to publish any material that links to or includes reference (of use) to Pirated Software, Hacker Programs or archives, Warez Sites, Irc Bots and MP3’s (to whom which you do not own the copyright to) or any other method of distributing copyrighted music or sounds.
3.2 - You specifically understand that the provision of paragraph 3.1 extend to and include use of the Services in connection with the use or distribution of any software in breach of any copyright or other intellectual property rights.
3.3 - You will not enter another computer via the Services with malicious intent, nor will you disturb or disrupt any computer, system or network ("malicious hacking").
3.4 - You will not publish or display any prohibited (ie: pornography) or potentially prohibited material using the Services.
Internet content hosted in Australia is prohibited content if:
a) the content has been classified RC (Refused Classification) or X by the Classification Board; or
b) the content has been classified R by the Classification Board and access to the content is not subject to a restricted access system.
Internet content hosted in Australia is potentially prohibited content if:
The content has not been classified by the Classification Board and if it were to be classified, there would be a substantial likelihood that the content would be prohibited content.
For more information on prohibited content please visit: http://www.acma.gov.au and / or http://www.oflc.gov.au
If you believe that a site you wish to host would be rated higher than MA15+ if reviewed by the Classification Board, and it is not an adult orientated site please contact us if you wish to discuss this clause further.
3.5 - You will not engage in the sending of bulk, unsolicited commercial or political advertising via email or Usenet posting ("spamming").
If you are found to have been involved in a spamming case, Host Now Group will at its discretion impose a $400AUD 1st spam case penalty fee or $800 2nd spam case penalty fee plus up to $300AUD an hour in case related expenses can be imposed in dealing with such said case. We also reserve the right to suspend your service until the case is resolved. Note: Second spam case results in automatic cancellation of your account.
3.6 - Electronic fora such as mailing lists and newsgroups have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
3.7 - You are not allowed to run your own IRC Bot, IRC Server or Chat Room Service.
IRC Bots use too many system resources and are therefore banned completely.
If you require the use of a Chat Room Service please contact us to discuss your options.
3.8 - You are free to use any Server-Side Scripts you wish, however we reserve the right to disable any script that effects the normal operation of our servers and / or network.
3.9 - You may be able to run background operation programs that are approved on a one by one case basis by Host Now Group. An extra charge will be incurred for this service and is based on system resources and operational maintenance required.
4. Purging of emails and Web content
4.1 - Host Now Group may delete email or Web content from your account that is in excess of the usage quotas that it may determine and notify to you from time to time.
4.2 – You acknowledge that Host Now Group will delete all email and / or Web content from your account within 7 days after account closure without prior arrangement.
4.2 - You should not retain information of value to you, which can only be accessed using the Services, or rely on the Services for transmitting information of value to you.
5. Payments
Payment of accounts can be made using the following services:
a) Credit Card (via PayPal)
b) BPAY (Debit accounts only)
c) Direct Deposit
d) Cheque
5 .1- Prepaid Account Payment Terms
a) All Invoices are issued 14 days prior to there due date, noted in the top right hand corner.
b) All Invoices are to be paid by the due date.
c) You are aware that if payment is not received within 7 days of the due date and no contact to us has been received the account will be suspended until payment is received.
d) You are aware that if payment is still not received after 7 days and an attempt by us to contact you failed the account will be closed.
5.2 – Postpaid Account Payment Terms
a) All Monthly accounts are operated 30 days in arrears from the account activation date. This date will then become the accounts’ anniversary date.
b) All Invoice are issued 14 days net (due date is noted in the top right hand corner).
c) All Invoices are to be paid by the due date.
d) You are aware that if payment is not received within 30 days of the Invoice’s due date an Overdue notice will be issued and the account may be suspended until payment is received.
d) You are aware that if payment is not received after 45 days of the Invoice’s due date a default warning letter will be mailed out and that a Host Now Group representative will attempt to contact you and that the account will be suspended until payment is received.
f) You are aware that if your account is more than 60 days overdue that, that said amount will be classed as a payment default on your part and will therefore be forwarded onto a credit reporting agency and the account will be closed.
5.3 - Host Now Group is entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Host Now Group. Without limitation to the above, Host Now Group may charge an administration fee of $16.50 for any dishonoured cheques.
6. Security of Information
No data transmission over the Internet can be guaranteed as totally secure. Whilst Host Now Group strives to protect such information, it does not warrant and cannot ensure the security of any information which is transmitted. Accordingly, any information which you transmit is transmitted at your own risk, and any information which Host Now Group transmits is transmitted without warranty as to its security. Nevertheless, Host Now Group will take resonable steps to preserve the security of information sent or received using the Service to the extent that such security is within its control.
7. Termination by Host Now Group
7.1 - Host Now Group may terminate the Services immediately:
a) if it has reason to believe that you are not using the services in accordance with these terms; or
b) if a competent regulatory authority requires Host Now Group to do so.
8. Exclusions and Limitations
8.1 - This clause does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this Agreement to be void.
8.2 - Host Now Group excludes all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition").
8.3 - The liability of Host Now Group to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of Host Now Group, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of Host Now Group is not limited under this Agreement).
8.4 - Host Now Group is not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice to Host Now Group.
8.5 - You shall not hold Host Now Group liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
8.6 - You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve Host Now Group from any such legal responsibility in this regard.
8.7 - You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of Host Now Group. Host Now Group exercises no control whatsoever over the content of the information passing through the Services.
9. Amendment
Host Now Group may amend these Terms and Conditions at any time. Subject to informing you of the amendments by publishing the revised Terms & Conditions on its Web site, emailing it and / or mailing it to you. The amended Terms and Conditions will become effective as soon as they are posted on the Host Now Group Web site, following which if you continue to use the Services, you are deemed to have agreed to be bound by those amendments.
10. General
10.1 - This Agreement is governed by the law of Victoria, Australia.
10.2 - Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.
10.3 - This Agreement embodies the entire understanding and agreement between the parties as to the subject matter of this Agreement.
