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Terms Of Service

A Brief Description of The Company

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT iWebHost OFFERS.


INTRODUCTION

iWebHost, its affiliates and their successors and assigns (collectively referred to as "iWebHost.com.au") makes available the web hosting and related services described in iWebHost.com.au's published service descriptions subject to these Terms of Service (the "TOS").

For the purposes of the TOS, the word "you" means the individual requesting one or more services provided by iWebHost.com.au, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

ACCEPTANCE OF TERMS

YOU

TERMS OF SERVICE

  1. Description. For each package of web hosting and related services that iWebHost.com.au makes available to its customers, iWebHost.com.au has prepared and published a specification (each a "Service Description"). The Service Descriptions are available on https://www.iwebhost.com.au (the "Site").
  2. Changes to Services. iWebHost.com.au may modify its services and the corresponding Service Descriptions from time to time. When iWebHost.com.au changes any Service, iWebHost.com.au will: (i) post the updated version of the Service Description on the Site together with the date on which it was revised; and (ii) on the home page for the Site for at least 30 days following any change to the Service Description, post a notice that the Service Description have been updated. iWebHost.com.au may also send any email notice of the change to its affected customers.

HOSTING SERVICES

  1. Any Service identified as a "Hosting Services" in its Service Description is a Hosting Service.
  2. Hosting Environment. iWebHost.com.au shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of iWebHost.com.au's hosting hardware.
  3. Disk Space. iWebHost.com.au shall provide disk space for your website(s).
  4. Internet. iWebHost.com.au shall provide an Internet connection linking your hosted website(s) to the Internet.
  5. Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.
  6. Routing. When iWebHost.com.au hosts a website on your behalf, iWebHost.com.au will route one or more domain names to that website. The exact number of domain names that iWebHost.com.au will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.

  1. Back-up. Backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. iWebHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on iWebHost. iWebHost.com.au's back-up activities are primarily for iWebHost.com.au's own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACK-UP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to back-up Your Content. Please use these tools and back-up Your Content frequently.
  2. Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following "Maintenance Windows": (i) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, New South Wales); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, iWebHost.com.au takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to iWebHost.com.au by the customers) and what would be the early hours of the morning for most of them.
  3. Availability. A Hosting Service is "Available" if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.

10. Measure. iWebHost.com.au will use reasonable efforts to ensure that the Hosting Services will be Available other than for "Scheduled Maintenance" at least 99.9% of the time, measured monthly. Any maintenance or other work performed on iWebHost.com.au's technology infrastructure that takes place during the Maintenance Window or with at least 48 hours' prior notice posted to the Site is "Scheduled Maintenance".

11. Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of iWebHost.com.au, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that iWebHost.com.au will not be performing any maintenance activities during that Maintenance Window.

12. FreeDomainName.Ifthecostofregisteringorrenewingasingledomainnameforoneyearisincludedin the annual Fees that you are being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, iWebHost.com.au will register or renew (as applicable) the domain name for you. If iWebHost.com.au does so and you continue to subscribe to such Hosting Services for a period of at least 12 months, iWebHost.com.au will not charge you its then current fee for registering or renewing a domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, iWebHost WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY iWebHost'S THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).

DOMAIN NAMES REGISTRATION SERVICES

1. Assistance with Registering Only. iWebHost.com.au may assist you to register one or more top-level or second-level domain names (the "Domain Name Registration Service"). For each such domain name registered iWebHost.com.au's involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm).

Please note: you are also bound by ICANN's rights and responsibilities:

http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

  1. Maintenance of Domain Names. You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. iWebHost IS NOT RESPONSIBLE FOR DOING SO.
  2. Please note that: (i) iWebHost.com.au is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) iWebHost.com.au will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) iWebHost.com.au may but is not obligated to inform you of any proposed or new top-level or second-level domains.
  3. Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant's name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing iWebHost.com.au in writing prior to the registration of the domain name that you wish to take advantage of the registrar's privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not iWebHost.com.au.
  4. As is. Assistance with registering domain names and securing related privacy services is provided "as is" and without any warranties, representations or conditions whatsoever.
  5. Domain Redemption Fee: If your domain was registered with iWebHost.com.au and has expired, but you wish to recover the domain, iWebHost.com.au may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, iWebHost.com.au must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with iWebHost.com.au can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
  6. Resale. If you have received written permission from iWebHost.com.au to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If iWebHost.com.au is contacted directly by any such client, iWebHost.com.au may suspend all or part of the Services that it is providing to you. If iWebHost.com.au does so, iWebHost.com.au will give you notice of the suspension and the reason for the suspension. Once you have satisfied iWebHost.com.au that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, iWebHost.com.au will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
  7. Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that iWebHost.com.au in its sole discretion provides ("Additional Services") are deemed to be Services provided pursuant to these TOS, and they will be provided at iWebHost.com.au's then current rates.

SUPPORT

  1. FAQs. iWebHost.com.au maintains a list of frequently asked questions relating to the Hosting Services on its website located at https://www.iwebhost.com.au (the "Support Site"), and there are secondary lists of frequently asked questions on most of iWebHost.com.au's country-specific sites.
  2. Technical Support. iWebHost.com.au will provide technical support relating to the Hosting Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; or (ii) email (iii) chat. The email address and the telephone number that you should use are set out on the Support Site.
  3. Verifiable. iWebHost.com.au will use commercially reasonable efforts to resolve each problem reported to iWebHost.com.au's help desk and verifiable as being a problem or deficiency with the Hosting Services.
  4. Assistance. When you report a problem to iWebHost.com.au's help desk, you will provide: (i) any assistance reasonably necessary to allow iWebHost.com.au to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
  5. Billing. Billing and account support is available via the web-based tool that iWebHost.com.au provides to you to manage your account. The tool is available on the Support Site. Please check iWebHost.com.au's web site for the hours that apply to your jurisdiction.

CONTENT

ACCEPTABLE USE

Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or iWebHost.com.au's technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may:

(i) jeopardize iWebHost.com.au's products, services, technology infrastructure or ability to operate; or (ii) expose iWebHost.com.au to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:

1. possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:

  1. make threats to a person's safety or property;
  2. defame other persons;
  3. interfere with the services that iWebHost.com.au provides to its other customers;
  4. interfere with, disrupt or damage the servers used by iWebHost.com.au to provide such services, those of iWebHost.com.au's suppliers or those of iWebHost.com.au's other customers;
  5. impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
  6. wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone's technology infrastructure or distributing computer programs designed to assist in doing so;
  7. any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
    the export of data or software;
    the protection of human rights;
    the promotion of hatred;
    defamation;
    criminal offences;
    the protection of intellectual property; or
    including the sending of commercial electronic messages without consent from the recipients.
  8. Unacceptable uses of the Services or iWebHost.com.au's technology infrastructure may also include but are not limited to: ailing, unsolicited emailings, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of iWebHost.com.au's technology infrastructure. iWebHost.com.au will be the sole and final arbiter as to what constitutes a violation of this policy.

10. Disruptive Uses. You may not use the Services or iWebHost.com.au's technology infrastructure in any manner that interferes with or disrupts iWebHost.com.au's other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and iWebHost.com.au may exercise its rights under section 6.6 including to suspending Services:

(IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo

sharing or other resource intensive services or applications.

 

List of Unacceptable Material

Certain material is unacceptable and not allowed for all websites hosted with Us, including but not limited to the following:

Topsites.
IRC Scripts/Bots.
IRCD (irc servers).
Proxy Scripts/Anonymizers.
Image Hosting Scripts (similar to Photobucket or Tinypic).
AutoSurf/PTC/PTS/PPC sites.
IP Scanners.
Bruteforce Programs/Scripts/Applications.
Mail Bombers/Spam Scripts.
Banner-Ad services (commercial banner ad rotation).
File Dump/Mirror Scripts (similar to rapidshare).
Commercial Audio Streaming (more than one or two streams).
Escrow/Bank Debentures.
High-Yield Interest Programs (HYIP) or Related Sites.
Investment Sites (FOREX, E-Gold Exchange, Second Line/Linden Exchange, Ponzi, MLM/Pyramid Scheme).
Sale of any controlled substance without prior proof of appropriate permit(s).
Prime Banks Programs.
Lottery/Gambling Sites.
MUDs/RPGs/PBBGs.
Hacker focused sites/archives/programs.
Sites promoting illegal activities.
Forums and/or websites that distribute or link to warez/pirated/illegal content.
Bank Debentures/Bank Debenture Trading Programs.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
Mailer Pro.
Push button mail scripts.
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).
Tell A Friend Scripts.
Anonymous or Bulk SMS Gateways.
Bitcoin Miners.
Anytype of Crypto Mining.
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc.).

 

IP ADDRESSES

iWebHost.com.au may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by iWebHost.com.au or its representatives in connection any Services. iWebHost.com.au or its suppliers may change any such address at any time, but iWebHost.com.au will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.

PAYMENT

Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the "Fees"). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE

THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, iWebHost.com.au will give you at least 30 days prior written notice of any increase to the Fees.

  1. iWebHost.com.au may restrict, suspend or terminate the affected Services; and
  2. the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, iWebHost.com.au shall be entitled to recover its collection costs, including legal fees and expenses.

30 DAY GUARANTEE OF HOSTING SERVICES

1. If at any time during the 30 day period beginning on the date that you purchase Hosting Services for the first of your websites to be hosted by iWebHost.com.au you are not satisfied with the Hosting Services that you are receiving, you may terminate this Agreement by using the web-based tool that iWebHost.com.au provides to you to manage your account to terminate the Hosting Service. If you do so, you will receive a refund. THE REFUND WILL BE CALCULATED BY SUBTRACTING THE FOLLOWING AMOUNTS FROM ANY FEES PAID BY YOU FOR THE HOSTING SERVICES PURCHASED IN RELATION TO YOUR FIRST WEBSITE TO BE HOSTED BY iWebHost:

ALL ONE-TIME FEES SET OUT ON THE ONLINE ORDER FORM THAT YOU COMPLETED;

WARRANTIES AND DISCLAIMERS

THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION

OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, iWebHost EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATIONS OF LIABILITY

INDEMNIFICATION

You agree to indemnify and hold iWebHost.com.au and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.

AGREEMENT

Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.

ASSIGNMENT

NOTICE

Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to iWebHost.com.au when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to iWebHost.com.au pursuant to the TOS will be in writing and sent to iWebHost.com.au at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by iWebHost.com.au to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.

OTHER

Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.

AMENDMENT

UPDATED: January-30-2018