Products & Services : Hosting - Terms of Service
Hosting Terms of Service Agreement:
This GDJ Consulting Pty Ltd "Hosting Terms of Service" agreement details the terms and conditions by which GDJ Consulting Pty Ltd's "Hosting Services" will be provided to you upon registration. The "Hosting Terms of Service" also describes prohibited uses of the hosting services. This "Hosting Terms of Service" is not exhaustive and GDJ Consulting Pty Ltd reserves the right to modify it from time to time, effective when notification is posted at "www.gdjconsulting.com.au". No verbal or written agreement/statement by any GDJ Consulting Pty Ltd employee or at GDJ Consulting Pty Ltd's website will take precedence over the "Hosting Terms of Service".
On registering for and using the hosting services, you agree to all the terms and conditions of the "Hosting Terms of Service", as modified from time to time, in its entirety. Violation of the "Hosting Terms of Service" or any such action that GDJ Consulting Pty Ltd deems inappropriate may result in the termination or suspension of your hosting account.
Website Content Management System CMS - Copyright
All websites offered by GDJ Consulting Pty Ltd are copyrighted material. The Content Management System (CMS) is offered for use to GDJ Consulting Pty Ltd clients under license only, and is not offered for sale or unbridled use. Such license limits the use of the GDJ Consulting Pty Ltd CMS to sites hosted by GDJ Consulting Pty Ltd. The GDJ Consulting Pty Ltd CMS may not be transferred to or hosted on another web host or Internet Service Provider.
Note: The website design (excluding the CMS) is owned by the client after full payment has been received by GDJ Consulting Pty Ltd.
Hosting services purchased by you will be in the form of the GDJ Consulting Pty Ltd "standard hosting plan", "non-profit hosting plan", or the "email hosting only plan". The hosting plans along with their features, resources, storage and service fee are defined at "www.gdjconsultong.com.au". All prices mentioned in the "Hosting Terms of Service" and at "www.gdjconsulting.com.au" are in Australian Dollars (AU) and include GST.
Registration for any hosting plan is for a 12 month period. All accounts are setup on a pre-pay basis. Upon the start of each billing period, you will be charged the appropriate hosting plan fee for the duration of the billing period (12 months). There may be additional charges if any additional resources, features or storage is purchased or used by the hosting plan (which was not otherwise included for free). The billing period will renew itself automatically after 12 months unless you choose to cancel your account (according to the Cancellations Policy).
GDJ Consulting Pty Ltd also reserves the right to withdraw any feature from a hosting plan at any time it wishes to do so.
A hosting account can be cancelled at any time by emailing email@example.com with cancellation details.
If you cancel your hosting you will be refunded the pro-rata amount of the hosting term. An administration fee of AU$66.00 is payable on hosting cancellation (before the end of the term).
Liabilities/Obligation on Service Account Termination
Hosting services are provided on an "as is" basis." GDJ Consulting Pty Ltd is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your hosting account.
You, the customer are liable to pay all charges accrued during hosting account operation. The customer is in no way relieved from paying these charges on hosting account interruption, suspension, termination or cancellation.
Material and Product Requirements
You must ensure that all material and data placed on your website requires no additional manipulation by GDJ Consulting Pty Ltd. GDJ Consulting Pty Ltd will not validate any of the content for correctness or usability.
Use of the hosting service requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the hosting services. You must have the necessary knowledge for your intended use of the hosting services.
Intellectual Property Rights
You must not use the hosting services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the hosting services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Website Operation and Security
If you run a website through the hosting services, you are solely responsible for its operation and maintenance and GDJ Consulting Pty Ltd plays no such role in it (unless requested to do so).
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your website. GDJ Consulting Pty Ltd will not be responsible for the security of such information.
You also expressly (i) grant to GDJ Consulting Pty Ltd a license to cache the entirety of your website, including content supplied by third parties, hosted by GDJ Consulting Pty Ltd under this agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Any attempt to cause harm or undermine GDJ Consulting Pty Ltd's servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under Australian, US and International laws is also prohibited.
Prohibited uses of the hosting service also include, but are not restricted to:
1. Use of IRC, bots or clients.
2. Unsolicited Bulk Emailing.
3. Newsgroup spamming.
4. Hosting, promoting or linking to pornographic content.
5. Illegal Content.
6. Copyright infringement.
7. Trademark infringement.
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (known as spamware).
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred.
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual.
13. Providing/Promoting material about exploitation of children under the age of 18.
The following activities are considered as email abuse and are prohibited:
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers.
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise servers, systems or networks.
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks you to stop, you must discontinue sending any further emails.
5. Newsgroup Spamming.
This includes unwelcome commercial advertising and posting that may be against the rules of a discussion group or mailing list.
Such activities carried out from servers/systems not managed by GDJ Consulting Pty Ltd are also prohibited if they link to websites, content or material hosted with GDJ Consulting Pty Ltd.
Emailing abuse can incur heavy fines per message sent depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your hosting account and appropriate legal action.
Server abuse includes any process or hosting service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, GDJ Consulting Pty Ltd will try to disable the specific script, website or database that is causing the abuse under your hosting account. If this is not possible, GDJ Consulting Pty Ltd may suspend your hosting account. The specific script, website or database under the hosting account will only be resumed once the customer has corrected the problem and convinced GDJ Consulting Pty Ltd that the abuse will not occur again. GDJ Consulting Pty Ltd will endeavour to provide prior notification before carrying out any such action but GDJ Consulting Pty Ltd may do so without any such notification, in its own discretion.
GDJ Consulting Pty Ltd reserves the right to refuse service to anyone. You may only use the hosting services for lawful purpose. Transmission of any material in violation of Australian, US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of GDJ Consulting Pty Ltd.
IN NO EVENT SHALL GDJ Consulting Pty Ltd's MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
Shopping Cart - Third Party Payment Provider (PayPal)
1. Selling of illegal substances or items that contravene Australian or International laws are prohibited.
2. You will be required to setup a third party payment provider (PayPal) as instructed by GDJ Consulting Pty Ltd. This means all payment details including postage/delivery address and financial details are entered within the third party website. GDJ Consulting Pty Ltd will not be liable or responsible for any payment errors, credit card theft, processing errors, and all matters relating your third party payment provider and your website.
3. Queries regarding how to use your third party payment system is not officially supported by GDJ Consulting Pty Ltd. You will need to contact your third party payment provider for support. This includes setting up banking details, refunds and other issues relating to your third party payment account.
4. Limitation of Liability. In no event will GDJ Consulting Pty Ltd or its employees be liable for any damages in connection with your website or your third party payment providers website.
5. GDJ Consulting Pty Ltd does not and cannot guarantee the availability of the third party payment (PayPal) website.
All notifications to you will be sent by electronic mail (email). It is your responsibility to ensure your email address is valid at all times. GDJ Consulting Pty Ltd will not be responsible if you fail to receive any email GDJ Consulting Pty Ltd attempted to send.
YOU, THE CUSTOMER AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD GDJ Consulting Pty Ltd HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST GDJ Consulting Pty Ltd, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GDJ Consulting Pty Ltd AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GDJ Consulting Pty Ltd HOSTING SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GDJ Consulting Pty Ltd HOSTING SERVICES
GDJ Consulting Pty Ltd WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. GDJ Consulting Pty Ltd MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. GDJ Consulting Pty Ltd DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY GDJ Consulting Pty Ltd AND ITS EMPLOYEES. GDJ Consulting Pty Ltd RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
Last Updated: 28th September 2010