Hosting Terms and Conditions
- These are the Phat Phree Pty Ltd ACN 109 153 782 trading as PhatPixel (“PhatPixel”) Hosting Terms and Conditions for the supply of Internet Hosting Services (“the Service”). These terms apply to you as a user of the Service (“you”). It is intended to ensure that you know your rights and obligations when using the Service.
- Please read these Terms and Conditions carefully. It is a condition of your use of the Service that you comply with these Terms and Conditions. By using the service you agree to these Terms and Conditions.
- From time to time we will make amendments to our Terms and Conditions by giving you notice of the change and you will then be obliged to comply with these Terms and Conditions as amended or cease using the Service.
- This agreement commences on the date the service was commenced and continues until either party terminates by 30 days notice in writing to the other party. On termination or expiry of this agreement for any reason, we may delete all of your data from any storage media.
- We will assign you a logon name and password which will provide you with access to the Control Panel (which is used by you to configure various features of your Service). We will provide you with Services as per the service level you have selected on your agreement.
- We will advise you of correct operational procedures via e-mail of the technical notes for making changes to your service.
- We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the outage notification e-mail list at least 48 hours in advance of the maintenance.
- Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the outage notification e-mail list after the maintenance has been completed.
- The provision of this service may be reliant on services from external parties, including but not limited to domain name registration authorities and network providers. You are responsible for ensuring any required external services and registrations are maintained, and do not hold PhatPixel responsible for loss of service due to disruption or cancellation of service by these third parties.
- We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Web Site. This process requires that you maintain a recent copy of your data at your premises at all times.
- We will maintain an industry standard firewall to restrict and filter internet packets delivered and sent from the Internet to our servers for the purpose of service security. The configuration will remain compatible with industry standards. Software upgrades will be applied in a timely manner to protect from security risks.
- Although PhatPixel will make reasonable effort to protect your data, you recognise that the internet is not a secure medium, and PhatPixel cannot guarantee the security of any data used with the service.
- You must pay for the Service as agreed from time to time. In particular you must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected. To this end you must pay to us the Hosting Fee and Setup Fee in advance. The Hosting Fee is exclusive of any government taxes or charges and exclusive of any registration or delegation charges imposed by domain name authorities.
- In addition you must provide and pay for:
- the installation and use of telephone lines and all other equipment needed to access the Service; and
- all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.
- You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a cycle beginning when you register.
- You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
Warranties and Liabilities
- We do not warrant that:
- the services provided under this agreement will be uninterrupted or error free; or
- the services will meet your requirements, other than as expressly set out in this agreement.
- Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.
- You warrant that:
- at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
- you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;
- you will keep secure any passwords used to upload data to the Server;
- You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
- You are solely responsible for dealing with persons who access your data, and must not refer complaints or inquiries in relation to such data to us.
- Except as provided in this agreement, we are not liable to you or any other person for:
- any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
- the content, context or confidentiality of any communications made using the Service.
Intellectual Property Rights
- You grant PhatPixel a non-exclusive licence to the intellectual property rights of all content and data used in the Service:
- for the purpose of providing hosting services,
- for the purpose of maintaining backups of the data for disaster recovery,
- for the purpose of migrating, converting and manipulating your data into formats required for the hosted services
- The content provided by the customer, its agents and users of the service remains the property of its owners, including any content supplied to PhatPixel through content entry systems, website forms and other data transfer technologies including but not limited to FTP and e-mail once the service has been established.
- You are responsible for ensuring you have correct permission to use and publish any data and software you supply to PhatPixel for use on the service. You accept full responsibility and indemnify PhatPixel from any legal actions as a result of the use or publication of this data on the service.
Suspension of Service
- We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
- during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
- if you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
- if we feel that the operation of the website or publication of the data puts PhatPixel in breech of any other agreement we have in place with you. In this case you will receive notice of such suspension. The service will be restored upon the breech being remedied.
- You have responsibilities. It is your responsibility to:
- use our service and services in a manner which does not violate any applicable laws or regulations;
- respect the conventions of the newsgroups, lists and networks that you use;
- respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
- respect the privacy of others;
- use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
- refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
- ensure your use of our services remains ethical and in accordance with accepted community standards.
- You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
- Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things:
- violate copyright or other intellectual property rights;
- 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;
- commit fraud;
- 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 PhatPixel, 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; or
- attempt to do any of these things.
- Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, you must not:
- distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (‘spamming’);
- send unsolicited commercial messages;
- propagate computer worms, viruses and other types of malicious programs;
- make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers
What we may do to ensure that this policy is being followed
- We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.
- We will make an effort to contact you. If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.
- We may terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may:
- warn you by e-mail;
- suspend your access to the service;
- terminate your account without notice; and/or
- notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
- In the event of taking action we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
Application and Variation of these Terms
- These Terms and Conditions are the terms on which we provide the Service to you. These terms constitute the agreement in its entirety and supersede prior agreements.
- We may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on our Home Page, and any use after that publication will constitute an acceptance of that modification.