Website Management Services – Terms and Conditions
Definitions in these terms
The Client, you, your agents, your staff: The company or individual requesting the service/s of Website Management Services.
The Company, us, we, our: Website Management Services
Acceptable use policy
We want to be fair on everyone, but it is your responsibility to ensure that:
You or your staff and/or agents Use our service/s in a manner that does not violate any relevant laws or regulations
Adhere to the conventions of the lists and networks that you use including spam laws
Respect the legal protection afforded by copyright, trademarks, license rights and other laws that pertain or relate to materials that are accessible via our services;
You use the service/s in a manner that does not interfere with or cause disruption to other network users, online or offline services or equipment; and
Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
Ensure that your usage of our services is at all times ethical and in accordance with accepted social and community standards/expectations
You will at all times comply with the law. Any breach of state, federal or international laws may also be considered a breach of this policy.
It is not acceptable to use the service/s we provide to you to:
Violate any copyright or other intellectual property rights/laws;
Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
Misrepresent or defame others
Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
Damage, modify or destroy the files, data, passwords, devices or resources of Website Management Services, other users or third parties
Engage in misleading or deceptive on-line marketing practices;
Conduct any business or activity or solicit the performance of any activity that is prohibited by law
Make an unauthorised transmission of confidential information or material protected by trade secrets
“Spam” or engage in “spamming” activities
Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
Post or transmit defamatory, harassing, abusive or threatening language
Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
Facilitating a violation of this Acceptable Use Policy
Perform any other action through utilization of any service which we deem unsatisfactory
Attempt to do any of the above
You also agree not to attempt any of the following:
Use a substantial volume of system resources for an extended period.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server.
Run any gaming servers/services
Any activity which causes the server to crash / restart deliberately or otherwise
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.
Loss of service
At Website Management Services we work very hard to maintain network stability and service for our clients, however:
Sometimes we need to perform maintenance, service and upgrades either routinely or urgently. We will endeavour to provide you with notice by any means we deem satisfactory where possible.
There may also be times when issues arise beyond our control that may or may not be caused by; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware/components (ours or a third party’s), failure of software, failed upgrades or any other failure as caused by Website Management Services, our suppliers or any third party
At our sole discretion we may or may not provide notification of outages whether planned or unplanned. By using our service you agree to these terms and release the company from any claim/s or potential claim/s with relation to outages and any loss of business/service suffered by you or any third party.
Website Management Services are entitled to recover (on a full indemnity basis) any costs, fees and charges (including but not limited to legal fees/costs) incurred in the recovering of any amounts owing to Website Management Services.
You acknowledge that all web hosting/web monitoring payments must be made in full prior to the expiry date of your service. If these payments are not made we reserve the right to suspend services without notice. At our sole discretion, we may provide a grace period whereby we will hold your information and data on our servers for a time deemed fit by us. Should this period expire without payment we reserve the right to purge all data pertaining to your account.
Suspension and cancellation
Website Management Services reserves the right to suspend and/or cancel any/all service if:
You have any outstanding invoice
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
You do not comply with the provisions set forth in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party’s rights
We deem that your usage does or may jeopardise the operations of the service, Website Management Services or our suppliers and third parties
Any other reason that is deemed satisfactory to protect Website Management Services, our staff or our suppliers
Any suspension or cancellation is subject to our Refunds Policy and Australian Consumer Law to the extent that it applies
If your account is cancelled under this agreement:
All overdue balances remain due and you must pay all outstanding charges
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
We may choose to immediately remove all the data held prior to the cancellation
We may perform any of the above and/or other actions in this regard without notice to you
Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee’s asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with Website Management Services
Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
Any breach of any representation or warranty provided herein
Any negligence or wilful misconduct by you
Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
Any defective products sold to customers from our server
By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.
Should we be notified of any pending legal action/s or intention to seek legal advice, we may seek your written confirmation concerning your obligation to indemnify us. If you fail to provide such confirmation this may be considered a breach of the agreement.
We cannot be held responsible for any damages your business/operation may suffer. We provide no warranty/s, expressed or implied, directly or indirectly for the services that we provide. Nor do we guarantee that your web site or applications will be completely error free on our servers despite our efforts. We are not responsible for any loss of data that results from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Website Management Services, our employees or our suppliers regardless of circumstance.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.