1. AGREEMENT. This agreement ("Terms and Conditions"), in addition to any other specific agreement between Small Business Hosting, Inc. ("Small Business Hosting") and the customer ("Customer"), represents the complete understanding and agreement between Small Business Hosting and Customer. Except when expressly agreed to the contrary in writing by Small Business Hosting, these Terms and Conditions supersede any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This agreement establishes your rights and obligations when using any of our services.
Small Business Hosting may change or discontinue any provision of these Terms and Conditions at any time, including, without limitation, services, pricing, equipment, and products. Any such change or discontinuance will legally bind Customer from the time Small Business Hosting publishes notice of the change or discontinuance on the Small Business Hosting Web Site. It is Customer's sole responsibility to ensure that Customer is up to date on the most current version of the Small Business Hosting Terms and Conditions.
If you do no agree to the terms of this agreement, do not purchase, use or access Small Business Hosting's services.
2. CONTENT. Small Business Hosting services may be used for lawful purposes only. While using Small Business Hosting's Services, Customer may have access to services that allow you to send or post materials ("content") and make that content available to others on the global Internet. Customer may not submit, publish, or display on the Small Business Hosting Network any defamatory, illegal, abusive, obscene, infringing, or threatening content. In addition, Customer may not submit, publish, or display any content in violation of any Australia laws, Federal, state or local. Customer is solely responsible for the content that they make accessible while using Small Business Hosting's servers and networks. Customer may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
Small Business Hosting is not obligated to monitor the network for the purpose of examining Customer's content. Customer hereby acknowledge that if Small Business Hosting is made aware of content that is determined to be, at the sole discretion of Small Business Hosting, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Small Business Hosting has the right, but not the obligation, to edit, remove or deny access to such content. Small Business Hosting may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are expressly prohibited on Small Business Hosting servers. This includes implying sexual content, display of nudity, or any link to adult content. This is also true for sites that promote illegal activity of any type or content that may be damaging to Small Business Hosting servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily limited to:
Adult Content Sites - Any pornographic material, links to adult sites, or advertisements for adult sites.
Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers.
The designation of any materials as described above is left entirely to the discretion of Small Business Hosting.
3. SYSTEM & NETWORK RESOURCES. Resources are defined as utilization of bandwidth usage, server processor usage, server memory usage, and file storage. Small Business Hosting offers services in a shared system environment. Individual websites may not consume excessive resources at any time as this can affect other users on the shared system. Excessive resource use is defined as, but not limited to, use of more than 10% of a system resource for longer than 60 seconds. If a customer account is found to be using excessive resources on a shared system, or causes a system to operate in a non-optimal manner, the customer will be contacted to resolve the problem. If Small Business Hosting is unable to contact a customer regarding a resources related issue, we may, at our discretion, suspend or cancel the customer account. Small Business Hosting provides a service to host web sites and web pages. All images and files in a website directory must be linked to from web pages on the customer's web site. Web space is not to be used as an image, sound, or file library, repository, or any other backup or storage solution. Images, sound, and video files may not be linked to from outside sources or websites.
Bandwidth. Small Business Hosting provides a maximun monthly bandwidth transfer of 150GB on its Advanced Hosting package. In the interest of preventing system and network resource abuse in a shared environment, Small Business Hosting does not allow any single website to use more than 10GB of bandwidth in any single calendar month.
4. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay Small Business Hosting the applicable service fees as advertised on the Small Business Hosting website. All fees payable hereunder are non-refundable except those fees covered by Small Business Hosting's "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services such Account Information. By submitting to this Agreement, you represent that the statements you have made in our application are true and you will not use our Services for any unlawful purpose.
All Bank Disputes and Credit Card Charge Backs result in the complete cancellation of your account. Credit Card Charge Backs result in the forfeiture of all Small Business Hosting services AND the purchasers Domain Name.
All Small Business Hosting services, with the exception of our Managed Server Services, include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of your original signup date. The 30 day money back guarantee does not apply to Domain Name Registration. Domain Name Registration is NOT refundable. Once you purchase your Domain Name you are the owner and it can not be "returned" until the duration of the domain term has expired.
5. SYSTEM SECURITY. Customers may not use the Small Business Hosting Network to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Small Business Hosting 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. Users who violate system or network security may incur criminal or civil liability.
Small Business Hosting is not responsible for security vulnerabilities, weaknesses or flaws within individual customer files, scripts, or databases. Should Small Business Hosting be made aware of unauthorized access to a customer account, it may, at its sole discretion, cancel the customer account immediately to prevent additional unauthorized access to the Small Business Hosting network.
6. UNSOLICITED EMAIL (SPAM). Customer may not use any Small Business Hosting service, equipment or any Small Business Hosting hosted email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Small Business Hosting network. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.
When any customer is found to have been engaged in spamming in violation of this agreement, Small Business Hosting reserves the right to disable that customer's web site without warning. Small Business Hosting solely reserves the right to refuse or cancel service to spammers. Small Business Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void Small Business Hosting's 30 day money back guarantee.
7. CANCELLATION 0F SERVICE. Cancellation of any service must be done via the Small Business Hosting web based administration, or via fax signed by the account holder. Small Business Hosting can not accept cancellation requests in any other way. Transferring your domain to another provider does not constitute canceling your account with Small Business Hosting. You must notify Small Business Hosting as detailed above to formally cancel your account with Small Business Hosting to avoid further charges. Domain Name Registration CAN NOT be cancelled. As the purchaser of the Domain Name you are the Domain Names owner until the term of the Domain Names registration has expired. Small Business Hosting reserves the right to cancel service for any reason without prior notice.
8. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
9. INDEMNIFICATION. Customer agrees that it will protect, indemnify, save and hold Small Business Hosting, Inc., a Western Australian Corporation, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Small Business Hosting, Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Small Business Hosting, Inc. harmless against liabilities arising out of;
1. Any injury to person or property caused by any products sold or distributed in association with Small Business Hosting's Services;
2. Any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright violation and any defective products sold to a customer from Small Business Hosting's Services.
10. DISCLAIMER. Small Business Hosting, Inc. will not be responsible for any damages your business may suffer. Small Business Hosting, Inc. makes no warranties of any kind, expressed or implied for services we provide. Small Business Hosting, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Small Business Hosting, Inc. and its employees. Small Business Hosting, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Small Business Hosting furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, Small Business Hosting wishes to emphasize that in accepting services, customers indemnify Small Business Hosting for the violation of any law or Small Business Hosting policy that results in loss to Small Business Hosting or the bringing of any claim against Small Business Hosting. If Small Business Hosting is sued because of activities of a customer that violate any law, or this policy, the customer will pay any damages awarded against Small Business Hosting, plus costs and reasonable attorneys' fees.
All Customer of Small Business Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.