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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