Hosting Terms and Conditions
1. Use of Service
1.1 The Customer hereby agrees to:
1.2 Refrain from transferring any illegal material to or from other users of the service or the PDN and the other
privately owned and operated services to which the Company may from time to time provide access.
1.3. Refrain from sending menacing, offensive, abusive or annoying messages whilst using the service.
1.4 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and
inaccessible to third parties.
1.5 Keep the Company informed of any change to the Customer's address as set out overleaf and other such
information as may affect the payment of charges due.
1.6 Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on
termination of this Agreement.
1.7 Not to announce by any means any and all Internet addresses allocated to or by the Customer as part of an
1.8 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation
and regulations governing the Internet.
1.9 We currently do not allow IRC or IRC bots, eggdrops or BNC to be operated on our servers. We reserve the right not allow clients to install certain chat rooms, some of which tend to be large system hogs. Any chat room software must run without hindering the performance of the machine for others.
1.10 Bandwidth Usage: If the customer exceeds the bandwidth purchased within their hosting package, excess
bandwidth will be charged at the prevailing rate.
1.11 If contracted bandwidth is excessively exceeded such that it places an unacceptable burden on The Company's
resources, The Company reserves the right to terminate access to the site without notice. Bandwidth usage in excess
of 2GB above the contracted rate will be considered as excessive.
1.12 By using/purchasing one of our Hosting Services you would have read/understood and agreed to our
Acceptable Users Policy (AUP)
1.13 We may occasionally have to interrupt the service or change the technical specification of the service for
operational or planned maintenance reasons, for upgrades or because of an emergency. We will attempt to give
you as much notice as practically possible of any planned interruption of your service.
1.14 We will correct reported faults as quickly as possible. Should you encounter a fault with the service you
should report this by phoning our Support.
We will investigate the fault between the hours of 8:30am and 5:30pm Monday to Friday, excluding public
2.1 All of our Hosting services come with a minimum twelve (12) months contract. By purchasing a
Hosting Service you are agreeing to pay a set up fee and at least 12 (twelve) months subscription charges as
described on our Web Site at the time of purchase.
2.2 All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.
2.3 All fees are subject to change from time to time. In the event of any change you will be notified. Details of any
such increase shall be posted in accordance with the process in paragraph 8.1.
3.1 You may terminate this agreement after the minimum period of service by giving us not less than thirty (30)
days written notice. If you wish to the end this agreement before the end of the minimum period or due to any breach of the agreement that causes your service to be ceased. We will be entitled to charge you the fees which would have been made payable by you for the balance of the minimum period of service as stated in paragraph 2.1.
3.2 You fail to comply with any of the material terms & conditions of this agreement or breach the AUP in any way.
3.3 It transpires following the agreement date that, for any reason out of our control, the services will
not be able to be provided to you. In the event of termination in accordance with this paragraph we shall repay
to you any fees which you have paid in advance for the services
3.4 If you choose to cancel the agreement after the order has been submitted by yourself and before the date of
install the fees for the minimum period of service could be due, it is recommended that you speak to our
Support Team or e-mail them directly for confirmation of any fees that will be due.
3.5 Accounts with outstanding balances for more than 30 (thirty) days can be closed immediately, with the limitations of liability described in paragraph 4.
4. Limitation on Liability
4.1 We shall not be liable for any economic losses (including, without limitation, loss of revenues, profits,
contracts, business or anticipated savings); or
4.2 Any loss of goodwill or reputation; or
4.3 Any special, indirect or consequential losses or any destruction or loss of data, in any case, whether or not such
losses were within the contemplation of the parties at the date of this agreement, suffered or incurred by that party
arising out or in connection with the provision of, or any matter under this agreement.
5.1 You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from a
breach in these conditions by you and any transmission or receipt of any content or message which you have
requested or made using this service.
6. Personal Details
6.1 We may retain your personal data, and you authorise us to use your personal data for the following purposes:
6.2 For the provision of the service to you
6.3 To keep a record for a reasonable period after termination of your service
6.4 For operation and enforcement of these conditions
6.5 For technical maintenance
6.6 For legal compliance;
6.7 It will always be your responsibility to keep the personal data that you provide us up to date.
7. Breach of Conditions
7.1 We shall investigate any suspected or alleged breach of this agreement. We reserve the right to take any action
we deem reasonably appropriate and proportionate to the breach of the agreement.
7.2 If we decide that you have breached the agreement, we will use reasonable endeavours to give you notice of our
intention to suspend or end the service. If you fail to remedy the breach or we are unable to contact you we reserve
the right to suspend or end the service. If we decide the breach is of a serious nature, this may include jeopardising or
compromising the security or integrity of our network and serious breach of our AUP, we reserve the right to suspend
the service with immediate affect without giving notice whilst details of the breach are investigated further.