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acceptable use policy

HomePage Design and Web Hosting reserves the right to modify, add or remove any parts of this Policy at any time. Please check this policy on a regular basis or if you are unsure of anything at any time. HomePage Design and Web Hosting strives to provide the best possible service to each and every one of its' clients on an equal basis. Any action by an individual client which affects the service provided to any other client will not be tolerated. This policy is the instrument of control to maintain that level of service.

Payment, refunds, fees

All payments must be made in advance of the service being provided. You may cancel your account at any time with 31 days notice. You must notify us by email and ensure you have received an email confirmation of your termination. If you do not receive this confirmation, then payment may be debited as scheduled. All correspondence with you will be by way of the email address provided when you sign up. If this changes and you do not notify HomePage Design and Web Hosting, we will not be responsible for email not reaching you. All prices are in Australian Dollars and exclude GST. Cancellation of an account does not absolve the client of any monies outstanding to HomePage Design and Web Hosting at the time of cancellation.

Indemnification Policy

By agreeing to use HomePage Design and Web Hosting services and facilities you agree to do so at your own risk. HomePage Design and Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HomePage Design and Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold HomePage Design and Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HomePage Design and Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HomePage Design and Web Hosting against liabilities arising out of:
  any injury to person or property caused by any products sold or otherwise distributed in connection with HomePage Design and Web Hosting's server;
  any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  copyright infringement and
  any defective products sold to customers from HomePage Design and Web Hosting' server.
HomePage Design and Web Hosting shall be the sole judge of what violates this Policy.

Banned Scripts / Software

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation or service to other HomePage Design and Web Hosting customers. You will be notified about offending CGI scripts. No chat room or similar scripts allowed. For reasons of their intense resource usage, the following scripts are banned:

  UltimateBBS (all versions)
  Ikonboard (all versions)
  UBB
  Yabb
  any soap mailers
  nph-proxy
  Proxy Servers
  The Anonymizer
  IRC Egg Drops+

Spam

HomePage Design and Web Hosting imposes a zero tolerance approach to Spam (unsolicited email). Any instances of Spam on, or originating from our network are prohibited. Also prohibited are any instances of spam from any other server or network which have reference to our services, or any sites hosted on our servers. This applies to our direct customers and any customers of theirs.

Accounts found to be abusing this policy may be liable for instant termination without warning and up to a $1000 fee for cleaning up the server.

Content Policy

All services provided by HomePage Design and Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, National, State or City law is prohibited. The subscriber agrees to indemnify and hold harmless HomePage Design and Web Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. HomePage Design and Web Hosting will be the sole arbiter in determining violations of this provision. Prohibited are sites that promote any illegal activity or present content that may be damaging to HomePage Design and Web Hosting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

  Pirated software
  Adult content
  Hacker programmes or archives
  Warez sites
  IRC related sites

Any prohibited activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

HomePage Design and Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Chat Services

HomePage Design and Web Hosting does not allow chat rooms unless provided by us. You can however link your site to a chat provider. Some examples of chat providers are:

  www.humanclick.com
  www.liveperson.com
  www.livehumanhelp.com

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. The "Backup Manager" is included in each CPanel, and can be used by the customer to perform regular backups and restores of sites and MySQL databases. If loss of data occurs due to an error of HomePage Design and Web Hosting, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, HomePage Design and Web Hosting will attempt to recover the data from the most recent archive for a minimum fee of $100.

 

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All rights reserved