Beenleigh.biz a Division of SupplyLink International Pty Ltd
("The Company") agrees to provide services to the Client, subject to the following TOS (Terms of Service).
Use of SupplyLink Service constitutes
acceptance and agreement to SupplyLink
AUP
as well as SupplyLink's TOS (Terms and
Conditions of
Service).
All provisions of this agreement are subject to the TOS (Terms of
Service) of SupplyLink and AUP
(Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
The Client understands that change to the AUP by the Company
shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Queensland, Australia applicable to
contracts enforceable in that state.
General
The terms and conditions outlined below are designed to protect and benefit all
clients. In particular, they attempt to ensure that the servers are used only for
legal and appropriate purposes, and that no client uses an 'unfair' proportion of the
system's resources.
Limitation of Liability
The client agrees to indemnify and hold SupplyLink
International Pty Ltd and its associates
harmless from any claims resulting from the use of this site or
associated services, including claims relating
to damage to the client or to any other party.
Use of Servers
Clients should not attempt to access the sites of other clients, and should not attempt
to hinder the operation of our servers in any way.
Servers
may be used for lawful purposes only. Transmission, storage, or
distribution of any information, data or material in violation of
any applicable law or regulation is prohibited. This includes, but
is not limited to: copyrighted material, trademark, trade secret or
other intellectual property right used without proper authorization,
and material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples of
non-acceptable content or links: Pirated software, Hackers programs
or archives, Warez sites, MP3, and IRC bots.
We reserve the right to refuse or
cancel service to any client.
Acceptable Content
Your site must not contain material, or contain any link to material, which is
unlawful, pornographic, gambling-related, threatening, hateful, obscene or which
encourages unlawful behaviour. This includes any site with depictions of nudity, as
well as material relating to hacking or pirated software. We have sole discretion to
determine whether a site's content is acceptable. Sites with unacceptable content
will be removed from our servers.
No Mirroring
You must not use your site to mirror material on any other site without our express
written permission. This permission will usually be declined unless the resources
required are minimal.
Unlimited Traffic
We offer unlimited traffic on our all our hosting accounts to give you peace of mind.
However, please
note that the following types of sites do not qualify for
unlimited traffic:
-
Sites containing archives, galleries or those
offering files for download do not qualify for unlimited traffic
unless the file types involved (e.g. .swf, .mov, .wmv,
.tar, .gz, .exe, .zip etc) make up less than 20% of the site's
total traffic;
-
Sites which contain images, CGI programs or similar content which are accessed from
other sites. For example, if the site runs a banner advertising program and the banner is
stored on your site and accessed by the sites displaying your banner then you do not
qualify for unlimited traffic;
-
Sites utilizing 'domain parking' (more than one domain name points to your home page);
-
Sites which generate an unusually high amount of traffic from images or other binary
files (such as Java applets, mp3 and sound files). That is, if more than 20% of a
site's traffic is from images or other binary files, then that site will not qualify for
unlimited traffic.
If the hosting account does not qualify for unlimited traffic and
the monthly traffic exceeds
1 Gigabyte then any traffic over and above 1 Gigabyte will be charged at
$0.044 per Megabyte ( 4.4 cents per MB in blocks of 100MB).
Please note that, in the interests of our other customers using our shared servers, we may
decline to host extremely high traffic sites and may immediately disconnect such sites if
we see fit.
We have sole discretion to determine whether and when these provisions apply.
Use of Disk Space
Your disk space is for your own use only. You may not resell or give away disk space to
any third party without written permission from us.
You may not consume disk space with copies of pages which are substantially the same.
For example, you cannot automatically generate multiple copies of a single page and
place all the copies on your web site.
Please set your mail software to delete your mail from the server. This will
speed up your mail retrieval and will help you avoid excess disk space charges. Mailboxes can quickly grow and consume your disk space allowance if you do not delete your
mail from the server.
Database Size
The disk space used by your databases (combined total of your MySQL, flat-file and
other databases) should not exceed 50 Mb. If more than 50 Mb of disk space is used
for these databases, the amount over and above 50 Mb will be charged at the usual excess
disk space rates.
Additional Domains
You may not use software to point additional domain names at your
site. This includes subdomains (such as http://subdomain.yourdomain.com.au/)
etc as well as
standard domains (http://www.yourdomain.com.au/) etc. If you require an additional domain name
to be pointed at your site, please contact Tech Support regarding our domain name parking
facility. A one-time setup fee is payable for each additional domain name parked on your
site.
Chat Rooms and IRC
Chat rooms tend to monopolise system resources and for that reason we do not allow
clients to install their own chat rooms. IRC or IRC bots should not be run on our
servers.
Resource-Intensive Programs
Any
website that uses a high amount of server resources (such as, but
not limited to, CPU time, memory usage, and network resources) will
be given an option of either paying extra (which depends on the
resource needed) or reducing the resource used to an acceptable
level.
If you install and run a resource-intensive program on our servers there may be an
additional monthly charge.
Spam (Unsolicited Commerce Email)
Spamming, or sending of unsolicited bulk email, from our servers is strictly
prohibited. Additionally, you must not use an email address or domain name
which is hosted by us to send unsolicited bulk email. Violators
will be assessed a minimum of $400.00 fine and will face an
immediate suspension. If we decide that you have
violated this condition then your account will be deactivated immediately.
Prices
Prices are subject to change without notice.
Any change in pricing will apply to your next billing period,
but will not be payable for your current billing period.
Forms
All forms must be completed in full. The
responsibility rests with the person completing the form to ensure
that all information is accurate and correct. Delays in setup and
changes may be affected by incomplete forms.
Billing Cycle, Invoices and Payments
Our standard billing cycle is quarterly in advance. The initial
payment is due at the time you order your service unless other
arrangements in writing are agreed. After the initial
payment, we will send you an invoice via post, fax or email up to a
month before each subsequent payment is due. This is due upon
receipt of invoice.
Accounts that do not
qualify for unlimited bandwidth will be invoiced separately
with the invoice payable immediately upon receipt.
Accounts will be placed on stop service that are overdue and not paid
within seven (7) days after the invoice date.
Accounts that are not collectable by SupplyLink may be
turned over to an outside collection agency for collection. If
your account is turned over for collection, you agree to pay the
SupplyLink a "Processing and Collection Fee" of not less
than $50 nor more than $150.
All
Payments To SupplyLink International Pty Ltd Are Non-Refundable.
Renewal of Hosting, Domain Registration and
Services
Accounts are automatically renewed 30 days prior to the end of
each billing period unless cancelled in writing by the client providing a minimum of 30 days notice in writing by either email or ordinary
mail. Unless you request otherwise, all renewable accounts will be renewed according to the term
of the initial account establishment i.e. if the client's hosting account
was set-up for quarterly billing the account will automatically be renewed
for 3 months each time the account is renewed.
Invoicing
Invoices will be emailed to your registered email address, in
PDF format, with payment due upon receipt. An additional fee may
apply if you require your invoice faxed or posted.
Technical Support
We will provide unlimited technical support via
e-mail relating to the operation of our server
and the use of the server's facilities. Our online Support Centre will answer 99% of commonly addressed issues. We do not offer free
telephone support. Should you telephone our Technical
Support we may be contacted on our Head Office telephone number..
Account Cancellation Notification
You are required to notify us at least 30 days prior to account renewal.
If you do not notify us at least 30 days prior to your scheduled
renewal date, your account will be renewed at the current rate.
Your account will then be cancelled at the end of the next standard billing
cycle.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
If you breach any of the above terms and conditions we reserve the right to deactivate
your account immediately.
Refund and Disputes
All payments are non-refundable. All overcharges or billing disputes must be reported in
writing within 30 days of the date the dispute occurred.
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