Web Hosting Terms and Conditions
• This document is also available for download: Web Hosting Terms and Conditions
Help Base
Standard Terms and Conditions of Trade
for Internet Hosting Services
version 1.
21 January 2002
Preamble
These are the Standard Terms and Conditions of Trade under which A N Morrell Pty Ltd trading as Help Base supplies Internet hosting services under the Help Base trade mark or otherwise. These Terms and Condition apply to you as a user of the Service.
Please read this document carefully as it outlines your rights and obligations as a Client of the Service. It is a condition of your use of the Service that you comply with these Terms and Conditions.
1. Definitions
1.1. The "Provider" refers to A N Morrell Pty Ltd trading as Help Base, ABN 53 079 215 142. In this document and others, the Provider may also be referred to as "Help Base" or "HB".
1.2. The "Service" refers to the provision of any and all services which may be categorized as "Internet hosting", including web hosting, email hosting, shell (command line) accounts, ftp, gopher, and ongoing e-mail support.
1.3. The "Client" refers to any individual, company, business or group subscribing to the Service.
1.4. "Service Package" refers to a specific list of Services selected by the Client. A specific Service Package is identified by its item number, for example "HB00756".
1.5. The "helpbase website" is the site on the World Wide Web accessible through the URL http://www.helpbase.com.au/.
1.6. In this document, "we" refers to the Provider, and "you" refers to the Client.
2. Application and Variation
2.1. These Standard Terms and Conditions are the terms under which the Provider provides the Service to the Client. These terms constitute the agreement in its entirety and supersede prior agreements.
2.2. Use of the Service by the Client constitutes an agreement to these Terms and Conditions.
2.3. The Provider will issue to the Client a notice listing the starting date of this agreement, and identifying the Service package selected by the Client.
2.4. This agreement continues until terminated under the Terms and Conditions described herein, or upon 30 days written notice by either party.
2.5. The Provider may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation. Any such modification will be notified to the Client by email and on the helpbase website. Any use of the Service by the Client after that publication will constitute an acceptance of that modification.
2.6. The Provider and the Client may agree to a variation of these Terms and Conditions. However, any such agreement must be in writing.
3. The Service
3.1. The Provider will assign to the Client a username and password which will provide access to the Service. The Provider will provide the Client with web, email and other Services as described in the Service package the Client have chosen and as defined in the description of that package. The Provider has no obligation to the Client to provide any services other than those specifically listed.
3.2. Scheduled Maintenance. The Provider must perform scheduled maintenance to its systems from time to time. The Provider will attempt to perform all scheduled maintenance at times which will affect fewest Clients. If the maintenance procedures require the Service to be offline for more than 15 minutes, the Provider will give notice at least 72 hours in advance via email and on the helpbase website.
3.3. Unscheduled Maintenance. The Provider may also need to perform maintenance at unscheduled times, due to equipment failure or any other reasonable cause. If the maintenance procedures require the Service to be offline for more than 15 minutes, the Provider will post details of the event within 24 hours of the end of the procedure via email and on the helpbase website.
3.4. Archiving and Backups. The Provider will archive the Client's data onto its backup systems at regular intervals for the purposes of disaster recovery. In the event of equipment failure or data corruption, the Provider will restore the data from the last known-good archive. In the event of corruption of all of the Provider's archives, or in the event that an old archive is used to restore data, the Client should be prepared to upload its data to its website. This process requires the Client to maintain a recent copy of its data at its premises at all times.
3.5. The Provider will publish any further operational and technical information via email and on the helpbase website.
4. Payments
4.1. The Client must pay for the Service as agreed from time to time. In particular, the Client must pay all Service charges incurred by the Client or any designated users, or incurred as a result of any use of its username and password, whether authorised or not, in accordance with the Service package selected.
4.2. All set-up and hosting fees must be paid in advance. Hosting fees are exclusive of any government taxes and charges, including Goods and Services Tax, but do not include any registration or delegation charges imposed by domain name registration authorities.
4.3. The Client is responsible for the provision of and payment for the installation and use of telephone lines and all other equipment needed to access the Service, and all government taxes and charges, duties and levies imposed on either the Client or the Provider in connection with any other services or goods supplied.
4.4. Clients must pay all amounts billed in accordance with the payment terms of the selected Service package. Late payments may be subject to a $15 administration charge per late payment.
4.5. If a Client's payments is in arrears, the Provider may suspend the Service without notice. If a Client's payments are more than 30 days in arrears, the Provider may terminate the Service without notice.
4.6. Acceptable payment methods are cash, cheque or direct deposit to the Provider's bank by either BPay Biller Code:3517(Adelaide Managed Funds) Ref: 0706496957 or Direct Bank Deposit BSB: 610-101 Account No: 070649695 Account Title: A.N. Morrell Pty Ltd
4.7. The Client consents to the Provider obtaining a credit reporting agency report containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by the Provider of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
5. Warranties and Liabilities
5.1. The Provider does not warrant that the Service will be uninterrupted or error free, or that the Service will meet the Client's requirements, other than as expressly set out in this agreement.
5.2. Except as expressly provided to the contrary in these Terms and Conditions, 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, the Provider's liability for any breach of the term will, if permitted by that statute be limited, at the Provider's option, to the re-supply of the Services again; or payment of the cost of having the Services supplied again.
5.3. The Client warrants that at the time of entering into this agreement it is not relying on any representation made by the Provider 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 the Provider has produced.
5.4. The Client warrants that it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the Provider's computer systems does not contain any computer virus and will not, in any way, corrupt the data or systems of any person or party
5.5. The Client accepts full responsibility for keeping secure any passwords used to access the Service.
5.6. The Client accepts responsibility for all information and material it issues over any Service, and indemnifies the Provider and holds it harmless against any liability in relation thereto. For avoidance of doubt, the Client undertakes that it shall not publish or issue any information which is illegal. The Client also acknowledges that the Provider does not vet or approve any information or material available through the Service and that the Provider does not accept any liability. To the full extent permitted by law the Client access and use such information and material at the Client's own risk.
5.7. The Client is solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to the Provider.
5.8. Except as provided in section 5.2 the Provider is not liable to the Client or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Provider's supply or failure or delay in supplying the Service; or for the content, context or confidentiality of any communications made using the Service.
6. Suspension of Service
6.1. The Provider may from time to time without notice suspend the Service or disconnect or deny your access to the Service.
6.2. If the Service is suspended for any technical failure, modification or maintenance involved in the Service, the Provider will use reasonable endeavours to restore the Services as soon as reasonably practicable.
6.3. The Provider reserves the right to suspend the Service if the Client fails to comply with any agreement (including failure to pay charges due), or does, or allows to be done, anything which in the Provider's opinion may have the affect of jeopardising the operation of the Service. The Provider may continue the suspension until the breach (if capable of remedy) is remedied.
6.4. Notwithstanding any suspension of any Service under this clause, the Client shall remain liable for all charges due throughout the period of suspension.
7. Termination of Service
7.1. The Provider may terminate this agreement and the provision of Service immediately and without prior notice if the Client breaches these Terms and Conditions.
7.2. The Provider or the Client may terminate this agreement by giving 30 days written notice to the other party.
7.3. Upon termination of the Service, any outstanding fees shall be payable immediately by the Client. The Client shall not be entitled to any refund of payments made in advance. In addition, the Client is responsible for paying any cancellation fee applying to their Service Package.
7.4. Upon termination of the Service, the Provider may delete all Client data from any storage media.
8. Notices
8.1. Any notice served by the Provider to the Client shall be deemed to have been duly served when sent via electronic mail to the Clients' electronic mailbox on the Service, or by post or facsimile to the contact address provided by the Client.
8.2. Any notice served by the Client to the Provider shall be deemed to have been duly served when sent via electronic mail to the Provider's electronic mailbox on the Service, or by post or facsimile to the Provider's business address.
9. Miscellaneous
9.1. The Client grants to the Provider a license to use and reproduce all Client data in order to fulfill the Provider's obligations under this agreement.
9.2. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
9.3. This agreement and the transactions contemplated by this agreement are governed by the law in force in New South Wales and the Commonwealth of Australia.
9.4. The Client may not assign its rights and obligations under this agreement without the Provider's prior written consent.
END
Web Hosting Acceptable Use Policy
• This document is also available for download: Web Hosting Acceptable Use Policy
ACCEPTABLE USE POLICY
for Internet Hosting Services
March 2002
A.N.MORRELL PTY LTD TRADING AS HELP BASE
PREAMBLE
This is the Acceptable Use Policy for A.N. Morrell Pty Ltd trading as Help Base. This Policy applies to you as a user of the Service.
Please read this document carefully as it outlines your rights and obligations as a Client of the Service. It is a condition of your use of the Service that you comply with this Acceptable Use Policy.
1. DEFINITIONS
1.1. The "Provider" refers to A.N. Morrell Pty Ltd trading as Help Base.
1.2. The "Service" refers to the provision of any and all services which may be categorised as "Internet hosting", including web hosting, email hosting, shell (command line) accounts, ftp, and ongoing e-mail support.
1.3. The "Client" refers to any individual, business or group subscribing to the Service.
1.4. "Service Package" refers to a specific list of Services selected by the Client. A specific Service Package is identified by its item number, for example "hb00901".
1.5. The "Help Base website" is the site on the World Wide Web accessible through the URL http://www.helpbase.com.au.
1.6. In this document, "we" refers to the Provider, and "you" refers to the Client.
2. GENERAL PRINCIPLES
2.1. A.N. Morrell Pty Ltd trading as Help Base is not responsible for the content of user-originated traffic. We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorised by us. The responsibility for traffic that does not conform with this policy and all possible consequences lies with the sender of the traffic.
2.2. You are responsible for all use of your account. If you permit others to use the Service, you are responsible for making users of the Service aware of this policy and ensuring that your users comply with this policy.
2.3. You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service, you must comply with any acceptable use conditions which apply to that network.
3. ACCEPTABLE USES
3.1. It is your responsibility to:
- use the Service in a manner which does not violate any applicable law or regulation;
- respect the conventions of Internet use, including conventions for using newsgroups (Usenet), mailing lists and other networks which you use;
- respect the legal protection offered by copyright, trade marks, license rights and other intellectual property laws with respect to materials accessible by and published via the Service;
- respect the privacy of others;
- use the Service in a manner which does not interfere with or disrupt other network users or equipment;
- refrain from acts which waste resources or prevent other users from receiving the full benefit of the service.
3.2. Your usage of the Service must be ethical and in accordance with accepted community standards.
4. UNACCEPTABLE USES
4.1. You must comply with the law. It is not acceptable to use the Service for any purpose which violates local, State, Commonwealth or international law.
4.2. It is not acceptable to use the 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 harrassment;
- misrepresent or defame others;
- commit fraud;
- gain or attempt to gain unauthorized 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 the Provider, other users of the Service, or third parties;
- engage in misleading or deceptive online marketing practices;
- conduct any business or activity or solicit the performance of any activity which is prohibited by law;
- make an unauthorized transmission of confidential information or material protected by trade secrets;
- interfere with or disrupt other network users, services or equipment;
- send unsolicited commercial messages;
- distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
- propagate computer worms, viruses and other types of malicious software;
- make transmissions of any type or quantity which adversely affect the operation of the Service or its performance for other Clients;
- harrass or impersonate the Provider or any other person;
or attempt to do any of these things.
4.3. Resale of the Service to others is not permitted.
5. WHAT WE MAY DO TO ENFORCE THIS POLICY
5.1. We may monitor traffic and the use of the Service to determine whether this Policy is being followed. However, we will take reasonable steps to safeguard your privacy unless to do so would involve us in the concealment of a criminal offence of inhibit the enforcement of this Policy.
5.2. If we become concerned that your use of the Service may break the law, or that you have not complied with this Policy, we will attempt to contact you before taking action.
5.3. 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 email, suspect your access to the Service, terminate your access to the Service without notice, and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
5.4. In the event of taking action under section 5.3 we reserve the right to delete any or all of your information, material, software or other content stored on our computer systems in our sole discretion.
END
