NetStart Shared Hosting Terms and Condtions
What are these terms about?
These terms are product specific terms for our shared hosting plans (“Virtual web hosting services”).
What terms apply?
These service terms along with our generals terms (which can be found at www.netstart.com.au/terms) together form your customer contract with us.
Virtual web hosting services
3.1. Virtual web hosting services are web site publishing, email services, backup services, reporting, and additional services.
3.2. Web site publishing means:
3.2.1. providing a virtual web server at our data centre;
3.2.2. allotting a hard drive space on the server to the customer;
3.2.3. giving the customer pass worded FTP access to upload and update the material for its web site;
3.2.4. allocating the web site an IP address;
3.2.5. arranging for the IP address and the customer’s domain name to be registered in the DNS;
3.2.6. using reasonable endeavours to keep the web site available for access on the world wide web; in accordance with any applicable service level agreement.
3.3. Email services means:
3.3.1. providing a facility to create individual email accounts based on the customer’s domain name;
3.3.2. allotting hard drive space on the server to each email account;
3.3.3. the provision of an SMTP and POP server for email; in accordance with any applicable service level agreement.
4.1. There are no service levels with our virtual web hosting services, unless we agree to any in writing.
4.2. In the absence of service levels we will supply the service to a competent, and professional standard, but cannot guarantee performance.
4.3. We may notify you of scheduled maintenance times which may affect performance of the service.
Web site publishing
5.1. You are responsible for the whole of the design and implementation of your web site.
5.2. Apart from the operating system and the web server software on a server, any software (e.g. CGI scripts) made available by us is supplied on an as-is basis, and without any warranty, and you are solely responsible for satisfying yourself as to its suitability for your purposes.
5.3. You must:
5.3.1. not publish any content that exposes us to the risk of legal action;
5.3.2. not use the web site or allow it to be used for any unlawful purpose;
5.3.3. not use the web server for testing or developing applications;
5.3.4. not run any application on a web server that may impair the operation of the web server;
5.3.5. not store log files for longer than 30 days, otherwise we will delete them;
5.3.6. keep a backup copy of all material you upload to the web server;
5.3.7. download and backup from the web server, any data that is created on the web server as often as necessary to ensure that loss of data will not cause significant harm;
5.3.8. observe all proper practices and procedures in relation to the security of the web site;
5.3.9. remove any application that we determine to be harmful to the web site or web server;
5.3.10. indemnify us against any harm we may suffer from a breach of these obligations, or as a direct or indirect result of the publication of the web site.
5.4. If you chose to use DNS services that are not supplied by us, then we have no liability at all if those services are inadequate in any way.
5.5. We may refuse to accept as part of a web site any application that we consider may cause harm or be a security risk.
You promise that you and anyone who uses the email services:
6.1. will not:
6.1.1. email any thing that they are not lawfully entitled to;
6.1.2. email any thing that exposes us to the risk of legal action;
6.1.3. use email services or allow it to be used for any unlawful purpose;
6.1.4. use email services to send bulk, unsolicited email or any other electronic message which contravenes the Spam Act 2003;
6.1.5. use email services in a manner that is contrary to the Privacy Act 1998, the National Privacy Principles, or any guidelines made under them;
6.2. will take proper precautions to avoid sending viruses, trojans, worms or other harmful content through the email server;
6.3. will keep all access passwords secure; and you will indemnify us against any harm we may suffer from a breach of these promises, or as a direct or indirect result of the use of email services.
7.1. We may specify a maximum disk quota for your web site, including its public FTP directory, or email users.
7.2. It is your responsibility not to exceed disk quotas.
7.3. You acknowledge that exceeding disk quotas may cause your web site, FTP or email services to malfunction. If that happens, we have no responsibility.
7.4. If you exceed your disk quota then we may impose excess charges.
8.1. We will back up the virtual web server that contains your web site at our discretion.
8.2. The backup regime will not be tailored to your needs, and you are solely responsible for deciding if it is adequate for its purposes.
8.3. If you request us to restore any data, we will do so if we can from the backups then available.
8.4. If we cannot, we are not liable to anyone in any way.
Supported hardware and software
9.1. We will only provide supported software for use on a virtual web server.
9.2. Even in the case of supported software, we may decline to permit certain functionality to operate (for example, certain Front Page extensions, or CGI scripts other than those supplied by us). You are responsible for familiarising yourself with what functionality is not permitted.
9.3. Subject to clause 9.4, at your request we may use software on a web server that is not supported software.
9.4. If we agree to the use of any hardware within the data centre that is not supported hardware, or any software on a server that is not supported software, our only duty is to try in good faith to support it, and you indemnify us against all harm that anyone suffers as a result of:
9.4.1. its use or the fact that it does not work properly; or
9.4.2. our attempts to support it, even if we are negligent.
Supply of software
10.1. We will procure and own any software licences that are required for the purposes of these terms and specified in a product description.
10.2. Otherwise, you are solely responsible for selecting and procuring licences for any software you require for the purposes of your web site or email services, and for ensuring that it is compatible with our hardware and software.
Acceptable use policy
You must use these services subject to our AUP’s.
12.1. We will provide a firewall for the server configured in accordance with good practice.
12.2. You acknowledge that:
12.2.1. you are solely responsible for familiarising yourself with the details of the configuration of our firewall, and for satisfying yourself that it is an appropriate configuration for your needs;
12.2.2. we are not responsible for any failure of any firewall or other security hardware or software, to provide full protection of web server/s or any web site;
12.2.3. we are not obliged to alter the configuration of our firewall to suit you.
12.2.4. any degree of Internet access involves security risks, and it is not feasible to exclude all security risks, as threats to Internet security are continually being discovered.
Anonymous FTP access
Where a virtual web hosting service includes FTP access by persons other than yourself:
13.1. you are solely responsible for ensuring that the public FTP directory contains nothing that should not be available to those persons;
13.2. the public FTP directory and the material in it are taken to be part of your web site.
Domain names and IP addresses
14.1. Unless we agree to register a domain name for you, you must do all that is required to register and maintain registration for your domain.
14.2. Any IP address that we make available for your use always remains our sole property.
Excess data usage
15.1. If the volume of data coming to or from your web site exceeds any pre set quota, then you are liable for the payment of excess charges.
15.2. If you have reason to anticipate that the volume of data coming to or from your web site will vary significantly, you must give us notice immediately.
15.3. If we request it, you must in good faith give us forecasts of your anticipated requirements for disk quotas, or the volume of data coming to or from your web site from time to time.
16.1. We may delete any of your data left on a virtual web server after the end of this customer contract.
16.2. You are solely responsible for downloading any data that you wish to retain from or associated with your web site, before the end of this customer contract.
16.3. We are not responsible for the loss of any data associated with your web site because you failed to back up it up.
16.4. If any data is left on a web site the end of the customer contract, we may back it up or duplicate it in any manner we think is suitable, but we do not have to.
Indemnities and warranties
You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
17.1. any act or omission;
17.2. any breach of any law;
17.3. any breach of a customer contract or an AUP;
17.4. any unauthorised use of a service –
17.5. by you or anyone using a service we provide to you.
Limitation of liability
18.1. Except for any express warranties in a customer contract, to the extent permitted by law we disclaim all express and implied warranties in relation to a service or a customer contract.
18.2. In the case of any breach of a customer contract, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
18.2.1. if the breach or negligence relates to goods –
184.108.40.206. replacement of any goods involved or the supply of equivalent goods;
220.127.116.11. the repair of such goods;
18.104.22.168. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
22.214.171.124. the payment of the cost of having the goods repaired; and
18.2.2. if the breach relates to services –
126.96.36.199. supplying of the services again; and
188.8.131.52. the payment of the cost (for the period of the breach) of having the services supplied again.
18.3. In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income that you or anyone else may suffer.
Clauses 17 and 18 continues in force after a customer contract for virtual web hosting services ends.
The following words have the corresponding meanings in these service terms application software in object code and compiled/executable format publish to make something visible or accessible by use of any service or facility we provide you web site a collection of web pages with a common hostname for example www.netstart.com.au web server a server that makes a web site visible on the internet server a computer accepted or provided by us