TERMS
AND CONDITIONS OF SERVICE
BETWEEN
You
AND
Initial Concepts Technologies
By
having Your website hosted by Initial Concepts Technologies,
You agree to the following Terms and Conditions of
Service.
RECITALS
This
is a legal agreement between You and Initial Concepts
Technologies.
The
terms and conditions outlined below are designed to
protect and benefit all clients. In particular, the
terms and conditions attempt to ensure that the Servers
are used only for legal and appropriate purposes,
and that no client uses an "unfair" proportion
of system resources.
Before
placing Your website on Servers operated by Initial
Concepts Technologies, You must read the Agreement
and accept its terms and conditions.
If
You do not wish to be bound by the terms and conditions
of the Agreement, You MUST NOT place a website, or
any part of a website, on Servers operated by Initial
Concepts Technologies.
Definitions
"Agreement"
means these Terms and Conditions of Service.
"Claim"
means any loss, expense, liability, cost, damage or
claim, whether to, or incurred by, You or another
person.
"Client"
means any person to whom Initial Concepts Technologies
provides the Service.
"domain
parking" means one or more domain names pointing
to Your website, or any part of it.
"Initial
Concepts Technologies", "we", "our"
and "us" means Initial Concepts Technologies
Technologies Pty Ltd (ACN 094 264 310), a company
incorporated under the Corporations Act 2001.
"person"
includes a corporation, a trust and a partnership.
"Servers"
means all Servers owned or operated by Initial Concepts
Technologies, and which You may access or use, pursuant
to the Agreement or otherwise, as a result of Initial
Concepts Technologies providing the Service.
"Service"
means the hosting of Your website and related services
on Servers operated by Initial Concepts Technologies,
including access to Your website by You or any other
person.
"website"
includes all aspects of the Service (website, mail
facilities, FTP access etc).
"You"
and "Your" means the person who agrees with
Initial Concepts Technologies to have a website hosted
on Servers operated by Initial Concepts Technologies.
Order
Details and Processing
You
acknowledge that Your domain name (the web address
of Your site) is fundamental to the setup of Your
site. The domain name cannot be changed. If You need
to change Your site's domain name then You will need
to order a new web hosting account for the new domain
and additional charges will apply.
You
confirm that the details You have provided to Initial
Concepts Technologies when ordering Your web hosting
account are complete and correct.
We
reserve the right to decline Your order. If Your order
is declined then we will refund Your associated payment
(if any) within seven days.
Conduct
You
must not:
access the websites of other Clients, other than in
the course of ordinary, legal, business or consumer
access;
hinder the operation of our Servers in any way;
attempt to access or list any files and/or directories
that are not Your own;
obtain, or attempt to obtain, any system information
unless it is required to complete ordinary website
management tasks.
Password Security
You
must keep confidential, all passwords created or used
in relation to the Service.
You
must not:
make any password created or used in connection with
the Service, available to the public or to groups
of people;
allow the public or any other groups of people to
access any of Your accounts, other than as agreed
by Initial Concepts Technologies.
Acceptable Content
Your
website must not contain any material, or contain
a link to any material or website, which is unlawful,
pornographic, gambling-related, threatening, hateful,
obscene, highly controversial or which encourages
unlawful behaviour.
This
includes, any website or web page which contains depictions
of nudity, material relating to hacking or any pirated
software.
If
we determine, at our sole discretion, that Your site
contains any unacceptable content, or a link to any
unacceptable content, we may cancel Your Service immediately,
and without notice.
If
a third party complains to us that Your website includes
claims about that third party that are incorrect,
libelous, defamatory or derogatory then we may, at
our discretion, insist that the related website content
be removed permanently from Your site, or we may remove
such content ourselves without notice.
No
Mirroring
You
must not use Your website to mirror any material on
any other website without the written permission of
Initial Concepts Technologies. Initial Concepts Technologies
has sole discretion to determine whether to grant
permission to You to mirror another website.
No
Web Cams
Your
site must not contain any "Web Cam" content.
Submitting
Site Details To Third Parties
You
are welcome to submit Your site details to search
engines, directories and other sites subject to the
following restrictions:
You must not submit the URL (web address) of any Free-For-All
Link Page (or similar page or script) to automatic
Free-For-All Link Page submission engines. If such
an engine lists Your script or page and commences
submissions to Your script or page, You must remove
the script or page from Your site immediately.
When providing Your site details to third parties
you must specify the location of Your site using Your
domain name only, and not Your site's IP address.
For example, You may tell third parties that the location
of Your site is www.you.com, or You.com, but must
not specify the location of Your site using an IP-based
format like: 1.2.3.4/you/ where 1.2.3.4 is Your site's
IP address.
Additional Domains
You
must not use any software or service to point additional
domain names at Your website. This includes subdomains
(such as subdomain.Yourdomain.com/) as well as standard
domains (such as www.Yourdomain.com/).
If
You require additional domain names to be pointed
at Your website, You must obtain written permission
from Initial Concepts Technologies. Please contact
us if You would like to obtain permission. If we agree
to allow You to point additional domain names at Your
website, a once-off setup fee is payable by You for
each additional domain name parked on Your website.
You
must not use the domain parking facility to host two
or more different websites within a single hosting
account. The domain parking facility can only be used
when the additional domain name relates to exactly
the same site content as the primary domain.
You
must not use any script, software or service to redirect
any visitor or significantly alter site content based
on which domain name the visitor is accessing. For
example, You cannot use a script to show visitors
to a.com one set of pages or content, and show visitors
to b.com a different set of pages or content.
Traffic
Allowance
Your
website is entitled to unlimited traffic in each calendar
month unless any of the following apply to Your site:
It contains images, CGI programs or similar content
that is accessed from other websites.? For example,
if You run a banner advertising program and the banner
is stored on Your website and accessed by the websites
displaying Your banner;
Two or more domain names are being used to access
Your website. For example, if You are utilizing our
Domain Parking facility to point an additional domain
name at Your website then You will not qualify for
unlimited traffic;
The number of "hits" (file accesses) generated
by Your site exceeds 5% of the total hits to the shared
server housing Your site;
The total traffic (in megabytes) generated by Your
site exceeds 5% of the total traffic to the shared
server housing Your site;
More than 20% of Your site's traffic is from e-mail
activity (that is sending, receiving and accessing
messages and attachments);
More than 20% of the traffic to Your site is from
binary files (such as images, java applets, mp3 files
or sound files).
Your selected hosting package (web hosting plan) does
not explicitly include an unlimited traffic allowance.
For example, sometimes we may provide special offer
web hosting plans which do not include an unlimited
traffic allowance (instead, the plan details on our
site include an explicit statement that a particular
traffic limit applies).
If, at our sole discretion, we decide:
Your website does not qualify for unlimited traffic;
and
The traffic to Your website exceeds 2 Gigabytes in
any calendar month
we may, at our sole discretion, either:
charge You for all traffic in excess of 2 Gigabytes
at a rate of AU$4.40 per 100Mb; or
remove Your website from our Servers immediately without
notice.
You acknowledge and agree that Initial Concepts Technologies
has the sole right to determine when and where these
provisions apply. Due to time constraints Initial
Concepts Technologies cannot analyze Your traffic
patterns to determine the precise cause of Your high
traffic, but You have access to Your site statistics
and raw web logs so in most cases will be able to
analyze Your traffic patterns Yourself if You so desire.
You acknowledge that Initial Concepts Technologies
has no obligation to provide You with justification
or data analysis to prove that excess traffic charges
apply or to prove the size of the charges.
If
we decide that Your site is likely to incur excess
traffic charges for a given month we may, at our sole
discretion, notify You via email of the estimated
excess traffic charges for the month and insist that
You place a deposit with us within 24 hours of our
email message being sent. The amount of the deposit
will be equal to our estimate of the excess traffic
charges You will incur for the month. If such deposit
is not made within 24 hours then Your website may
be deactivated without notice.
Use
of Disk Space
Your
disk space is for Your use only. You may not resell
or give away disk space to any third party without
written permission from Initial Concepts Technologies.
You must not place "demonstration" versions
of third party web pages on Your website without written
permission from Initial Concepts Technologies. That
is, third party web pages must not be housed within
Your site regardless of the reason, unless You have
written permission from Initial Concepts Technologies.
Initial
Concepts Technologies reserves the right to decide
whether any pages on your site are in fact hosted
for third parties.
You
may not consume disk space with copies of web pages
that are substantially the same. For example, You
cannot automatically generate multiple copies of a
single page and place all the copies on Your website.
Number
of Files
There
is a limit to the number of files which can be stored
on Your website. The limit varies depending on which
hosting plan You are on. You can have up to 5,000
files on our Small Business Starter plan, up to 10,000
files on our Business Power plan, and up to 20,000
files on our Corporate Giant plan.
Large
Files
Sites
containing very large files, or lots of large files
can consume an unfair proportion of system resources.
All files on Your web site must be less than 15 MB
in size. Your website must contain no more than 15
"large" files. A "large" file
is one that is greater than one megabyte in size.
Please note too that sites offering large files for
download or delivery are unlikely to qualify for unlimited
traffic and may incur significant excess traffic charges.
Database
Size
The
combined total size of Your MySQL, flat-file and other
databases must not exceed 50 Mb. If more than 50 Mb
of disk space is used for these databases, we may,
at our sole discretion, either:
Charge You for the amount of disk space used in excess
of 50MB at the usual excess disk space prices advertised
on our website;
Insist that the database size be reduced to less than
50 MB within 24 hours;
Decline to host the database and remove it from our
servers. Wherever feasible at least 24 hours notice
will be provided before the database is removed.
Virus Scanning
Initial
Concepts Technologies scans incoming and outgoing
messages for viruses. However Initial Concepts Technologies
does not guarantee that every message will be scanned,
or that every virus will be detected and removed.
Additionally, Initial Concepts Technologies reserves
the right to remove attachments from incoming and
outgoing email messages if there is any indication
that the attachment is, or might be, infected with
a virus.
Our
virus scanning facilities provide a high level of
protection against viruses but you acknowledge and
agree that you are solely responsible for protecting
your property and email accounts from virus threats.
Backups
Initial
Concepts Technologies will backup Your website regularly.
These backups are intended to provide protection in
case of any failure with the Service.
Our
backup facilities are not intended to enable individual
clients to revert to older versions of files on their
sites, but if You require data to be restored from
backup then we can do that for You if we have access
to suitable backup versions of the relevant files,
however charges will apply.
We
strongly encourage You to keep a backup of Your site
on Your home or office computer.
Site
Statistics
We
provide regular statistical reports about traffic
to Your website. You agree that we are entitled to
remove historic data from these reports as we see
fit. If You want to keep a full history of the traffic
to your site You will need to save an offline copy
of Your reports at least once every three months.
Mail
Services
All
mailboxes are limited to 20 MB in size. You must set
Your mail software to delete each message from the
server within three days of downloading it.
Initial
Concepts Technologies will remove without notice any
messages that have been in Your mailbox(es) for more
than 120 days.
If
You set Your mail software to check or download messages
automatically at specified intervals, the interval
between checking or downloading messages must be greater
than 15 minutes.
Initial
Concepts Technologies reserves the right to limit
the size of messages accepted by our Servers. That
is, messages that are deemed to be too large may be
bounced by our Servers. This size limit is currently
set to 10 MB but may be changed by us from time to
time at our sole discretion.
Mailing
Lists
If
You operate at least one email-based mailing list
via the Service, the total number of subscribers to
all of Your mailing lists must not exceed 1,000. The
total number of messages sent and received via Your
mailing lists in any week must not exceed 5,000. Please
note that these mailing list limits apply on a per-site
basis, not a per-list basis.
Providing
Mail Services for Third Parties
You
must not provide mail services to Your site visitors
(or other third parties) if those mail services use
our mail systems to send, receive, store or access
email messages on behalf of Your site's visitors (or
other third parties).
Spam
(Unsolicited Email)
You
must not send unsolicited email messages from a Initial
Concepts Technologies server.
You
must not use an email address or domain name that
is hosted by Initial Concepts Technologies to send
unsolicited email messages.
If
You breach these conditions we may immediately terminate
the Service without notice.
Sites
Advertised Through SPAM (Unsolicited Email) or Unsolicited
Newsgroup Advertisements
You
must not use Initial Concepts Technologies Servers,
directly or indirectly, to advertise Your website
in any unsolicited email, or an unsolicited newsgroup
placement. Such advertisements are usually considered
unethical by the internet community.
If
we determine, at our sole discretion, that You are,
or have been, in breach of this clause we may cancel
the Service immediately without notice.
Short
Message Service (SMS) Facilities
If
You decide to use our Short Message Service (SMS)
facilities then You acknowledge and agree that:
Each SMS message sent will cost You one "SMS
credit". Your website will be allocated three
free SMS credits. After those credits are used, You
will need to purchase further SMS credits from us,
at our prevailing prices, in order to use the SMS
facilities we provide;
SMS credits expire after 12 months. That is, from
the date you purchase them, you have 12 months to
use them or they will automatically expire without
refund;
We have the sole right to determine how many SMS credits
You have consumed, and to determine how many SMS credits
remain available to You;
You are solely responsible for ensuring that You have
sufficient SMS credits in Your account to cover the
charges for any SMS messages You wish to send;
SMS messages will not be delivered to You if You do
not have sufficient SMS credits available;
Our systems will determine whether our over-the-air
transmission of each SMS is successful. If we determine
that the message was sent successfully over-the-air
then an SMS credit will be deducted from Your account,
whether or not You actually received the message.
This is necessary because it is possible for an SMS
message to leave our network successfully, but fail
to reach You due to problems beyond our control, such
as a problem with Your phone or a problem with Your
cellphone or mobile phone service. Given that we incur
the expense of sending each SMS the moment it successfully
leaves our network, an SMS credit will be deducted
from Your account in all cases where the message exits
our network successfully;
We are not responsible in any way, shape or form,
for any damage or inconvenience to You or any other
party, as a result of any SMS message failing to reach
its destination (usually Your phone);
While we strive to maximize the reliability of our
SMS service and provide these services in good faith,
we rely on third-party providers for message delivery
and therefore make no guarantee about the reliability
or performance of our SMS services;
We have a comprehensive worldwide SMS coverage area
but make no guarantee that any particular network
will be able to receive messages from our service.
We provide three free SMS credits on each website
so that You can determine whether SMS messages can
be sent successfully to Your phone before needing
to purchase SMS credits.
Resource-Intensive Programs
If
You install and run a resource-intensive program on
our Servers we may, at our sole discretion:
Charge You an additional monthly amount; or
Halt and/or prohibit the execution of the program.
Chat Rooms and IRC
Chat
rooms tend to monopolise system resources and for
that reason You must not install chat rooms, IRC-related
software on our Servers.
Domain
Name Registration
If
You choose our Free Domain Name Registration special,
we will register Your ".com", ".net"
or ".org" domain name for one year for free.?
Registrations will only be processed after we have
received Your hosting setup fee and first quarter's
hosting fees. At the conclusion of the free year of
registration, the domain name can be renewed through
Initial Concepts Technologies's registration service
at the prices prevailing at the time. Alternatively
the domain name can be transferred to any other ".com",
".net" or ".org" registrar. If
You choose to transfer the domain name to another
registrar they will charge You directly for their
fees.
The
Free Domain Name Registration special applies only
to ".com", ".net" and ".org"
domain names registered through Initial Concepts Technologies's
registration service, and hosted on a server operated
by Initial Concepts Technologies. We will not pay
for, or reimburse You for, registration fees if You
register Your domain name through a different registrar.
The
Free Domain Name Registration special is not available
to resellers and cannot be combined with the half-price
trial month offer.
If
You choose to register Your domain name through any
other registrar then You will be responsible for handling
the registration process and paying the necessary
registration fees to Your registrar. Initial Concepts
Technologies will, however, be happy to provide You
with the technical details required to register Your
domain name.
If
Your domain name has already been registered we will
not submit the domain names transfer request for You,
but will provide You with the name server information
You need to arrange the transfer Yourself.
If
You require Your domain name to be changed, additional
setup fees will be charged.
One-Month
Trial Period
The
one-month trial offer is not available for domains
purchased through our Flexible Reseller or Reseller
Gold programs, and cannot be combined with the Free
Domain Name Registration special.
Technical
Support
We
will provide technical support in relation to the
Service. Please note that we are generally unable
to provide assistance with site content (as opposed
to web hosting) issues including, but not limited
to, debugging CGI scripts and HTML code. All technical
support is provided via email and/or our online Support
Request Form at our discretion.
Notice
You
agree to correspond with Initial Concepts Technologies
via our Support Request Form. If Initial Concepts
Technologies needs to contact You for any reason we
will do so via email only.
You
agree to notify us promptly of any changes to Your
email address or other contact details.
Billing
Cycle, Invoices and Payments
Our
billing cycle is quarterly in advance. Your initial
payment is due at the time You open Your account.
After Your initial payment has been made, we will
send You an invoice via email approximately one week
before each subsequent payment is due.
If
Your payment is overdue then Your website(s) may be
suspended and/or removed from our Servers without
notice.
If
You accidentally make an additional and unnecessary
payment for our service, we will credit the additional
funds to Your Initial Concepts Technologies account.
At Your request, we may consider refunding the additional
monies paid by You, but will deduct from the refund
amount any expenses incurred by us, such as clerical
expenses and finance charges.
Generally,
all fees are non-refundable. If however we decide
that exceptional circumstances apply then we will
provide a refund, or partial refund, at our discretion.
Prices
Prices
are subject to change without notice. Any change in
monthly fees will apply to Your next hosting period,
but will not be payable for Your current hosting period.
Site
Suspension
Initial
Concepts Technologies may, at its sole discretion,
deactivate Your website and revoke Your access to
our Servers. For example, Your site may be deactivated
for late payment, or Server abuse. You acknowledge
that if Your site is deactivated then Initial Concepts
Technologies has no obligation to provide You with
a copy of Your site content, or to restore Your server
access to enable You to obtain a copy of Your site
content.
Cancellation
of Service
You
may cancel the Agreement at any time by providing
Initial Concepts Technologies with written authorization
to close Your web hosting account (the Service).
We
reserve the right to cancel the Service for any reason,
and at our sole discretion. If You breach any of the
terms and conditions in this Agreement we may deactivate
and/or remove Your website from our Servers immediately
and without notice.
You
acknowledge that Initial Concepts Technologies does
not keep copies of files for web sites that are no
longer hosted with us, and that Initial Concepts Technologies
has the right to remove all website files at the time
the Service is cancelled or discontinued.
Limitation
of Liability
You
indemnify Initial Concepts Technologies and its directors,
shareholders, employees and associates in relation
to any Claim as a result of:
The Service;
Misuse of the Servers by You or any other person;
Your breach of the Agreement;
Loss of data;
Unavailability of Your website to any person; or
Service interruptions.
If a term is implied into the Agreement by the Trade
Practices Act 1974, Initial Concepts Technologies's
liability for breach of the term is limited to the
supply of the Service again, or the cost of having
the Service supplied again.
Modifications
to Service
Initial
Concepts Technologies reserves the right to modify
or discontinue the Service (or any part thereof) as
we see fit, with or without notice. You agree that
Initial Concepts Technologies will not be liable to
You or any other party for such modifications to the
Service.
Initial
Concepts Technologies reserves the right to update
these Terms and Conditions from time to time. Any
updates to these Terms and Conditions will apply to
the Service from the time that this Agreement is updated
on the Initial Concepts Technologies site.
Intellectual
Property Rights
You
acknowledge and agree that the Service and any necessary
software used in connection with the Service contain
proprietary and confidential information that is protected
by applicable intellectual property and other laws.
You further agree not to reverse engineer or create
derivative works based on the Service, or copy the
Service in any way.
Disclaimer
We
make no statement, warranty, representation or promise
not expressly set out in the Agreement, or required
by law. We expressly disclaim all warranties, representations
or promises in relation to the Service.
