Acceptable Use Policy

ACCEPTABLE USE POLICY
Last Updated 03/12/2015
Effective 01/01/2016
Revision 1.1

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into HostGator’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. HostGator may modify this AUP at any time without notice.

 

The Services provided by Aus Net Servers Australia Pty Ltd may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Aus Net Servers Australia Pty Ltd reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the services.

1. PROHIBITED USES

1.1 Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email abuse@ausnetservers.com.au. For copyright infringement claims, Aus Net Servers Australia Pty Ltd follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be obtained by contacting us.

1.2 USING A SHARED ACCOUNT AS A BACKUP/STORAGE DEVICE.

You may not at any time use our shared hosting or reseller hosting services as a backup / storage device with the exception of any backups of your website.

2. UNACCEPTABLE MATERIAL

2.1. Unacceptable material on our servers include without limitation:

    • 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 Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale or distribution 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
    • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

2.2 Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Aus Net Servers Australia’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

2.3 Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

3. UNACCEPTABLE RESOURCE USAGE

3.1. You may not:

    • Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
    • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    • Run any software that interfaces with an IRC (Internet Relay Chat) network.
    • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
    • Participate in any file-sharing/peer-to-peer activities
    • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
    • Run cron entries with intervals of less than fifteen (15) minutes.
    • Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
    • Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
    • Force html to handle server-side code (like php and shtml) to help reduce usage.
    • Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

3.2. INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

4. ZERO TOLERANCE SPAM POLICY 

4.1. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account and any affixed services to that account of any user who sends out spam with or without notice.

4.2. Websites advertised via spam (Spamvertised) may not be hosted on our servers and network. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

4.3. Aus Net Servers Australia Pty Ltd reserves the right to require changes or disable as necessary, any website, account, database, server or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

4.4. Aus Net Servers Australia Pty Ltd reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

4.5. For all international server orders including dedicated servers, vps servers and VDS servers all SMTP traffic outbound is blocked by default in an effort to prevent the black listing of our IP addresses by sending unsolicited emails.

5. DEFAMATION POLICY

5.1. Services hosted within the Aus Net Servers Australia network is in the Australia are regulated by Australian Federal law. Accordingly. Aus Net Servers Australia’s policy is not to remove allegedly defamatory material from websites hosted on our network unless the material has been found to be defamatory by a court, as evidenced by a court order. As a datacentre, Aus Net Servers Australia is not a publisher of user content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a Australian court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

6. AUP Violations

6.1. Resellers.

If there is a violation of this AUP by one of a reseller’s client’s account, Aus Net Servers Australia Pty Ltd will suspend the website or service in question and will notify the reseller so that the reseller can terminate the account. Aus Net Servers Australia may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.

6.2. Direct Customers.

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

6.3. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

6.4 If you feel you have discovered a violation of our AUP please report it to: abuse@ausnetservers.com.au 

7. Abuse

7.1 When using services provided by Aus Net Servers Australia Pty Ltd you must not:

  • Use any offensive language against Aus Net Servers Australia staff
  • Abuse Aus Net Servers Australia staff

Reseller Terms and Conditions

RESELLER TERMS & CONDITIONS
Effective 01/08/2016
Last Updated 30/07/2016
Revision 4.3

PREREQUISITES

1.1. To be eligible for the Aus Net Servers Australia reseller program all applicants must:

A. Be an Australian registered business or company with an active ABN or ACN number;
B. The primary applicant / director must be over the age of 18 at the time of application;
C. Be an Australian Resident;
D.The primary applicant / director must not have been bankrupt in the last 7 years or be in the process of bankruptcy or liquidation;
E. Be fully insured against financial losses caused by defaulting customers
F. Have systems in place to support and maintain customers including troubleshooting technical issues with them;
G. Have an active website listing your products, along with contact details such as email address and phone number;
H. A once off non refundable membership application fee of $299 is charged to all members wanting to join the ANSA reseller program.

 1. DEFINITIONS 

1.1 In these Conditions any reference to “we”, “our”, “ourselves” and “us” is a reference to Aus Net Servers Australia Pty Ltd and any reference to “you”, “your” and “yourself” is a reference to the Customer whether a company or individual. “Merchant” means a company advertising for resellers. “Reseller” means a company or individual interested in reselling on behalf of “merchants”. “Advertiser” means a company or organisation promoting themselves through our website, newsletters or emails. “Website” refers to www.ausnetservers.com.au. ”Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between you and us. ”Customer Contract” means the contract between you and us for the sale and purchase of the Services, incorporating these Conditions. ”Order” means any order made by you for goods or services supplied by us.

2. APPLICABILITY OF CONDITIONS

2.1. These Conditions shall govern the Customer Contract to the exclusion of any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document and you waive any right which might have to rely on such terms or conditions.
2.2. No variation to these Conditions or any representation about the Services shall have effect unless expressly agreed in writing and signed by us.
2.3. Each Order by you for Services shall be deemed to be an offer by you to purchase Services subject to these Conditions.
2.4. No Order placed by you shall be deemed to be accepted by us until we agree in writing to provide the services or actually provide you with the Services.

3. TERM

3.1. The Customer Contract shall come into effect upon acceptance by checking the box adjacent to “I agree to the terms & conditions” on the Sign up page or upon receipt of a signed order.
3.2. The term of this contract for yourself shall either be 24 months from the time of application acceptance or the agreed contract term outlined in your welcome pack.
3.3. The contract term for resellers has an initial mandatory period of 24 months. After which the contract can be renewed each year for an indefinite period or until either party terminates this agreement in accordance with these terms and conditions.
3.4. We shall contact you at least 14 days before the term of your initial contract expires to notify you that your contract is about to expire. Should your contract expire or fail to be renewed we reserve the right to revoke your reseller rights and transfer all customers utilizing our services out from under your contract. Your contract will automatically expire on the expiration date and shall remain inactive until such time as you renew.

4. YOU WARRANT THAT

4.1. You agree to provide true and accurate personal and/or company details including but not limited to contact details.
4.2. Information you provide about your company is true and accurate.
4.3. If any information provided in your reseller account with us is found to be false, fraudulent or deliberately misleading we reserve the right to revoke your reseller status with us without notice or refund.
4.4. Your business is trading legally and that you have the appropriate rights and authority to act on on behalf of your business.
4.5. Resellers warrant that you will uphold any reseller agreements made and follow these reseller terms and conditions  and will not bring Aus Net Servers Australia Pty Ltd into disrepute.
4.6. You agree to pay all invoices on time in accordance with these terms and conditions and acknowledge that failure to do so will result in your reseller status being revoked without notice until payment is received in full.
4.7. From time to time we conduct audits of all of our accounts, packages and clients under your reseller account. If in one of these audits it is reported that you have failed to uphold this reseller agreement and or breached these terms and conditions or failed to keep your account in good standing, we may contact you to investigate such a claim and reserve the right to revoke your reseller status and transfer ownership of clients utilizing our services away from you.
4.8. If you fail to remit payment or your payment is charged back more then 3 times in any given contract period, your reseller status will instantly be revoked and the agreement terminated.

5. WE WARRANT THAT

5.1. We will take reasonable provisions to ensure that the website remains up and operable.
5.2. We will take reasonable provisions to ensure that our network and internet POI (Point of Interconnect) remains up and operable in accordance with our SLA (Service Layer Agreement).
5.3. We will do everything that we reasonably can to keep your personal data secure & confidential as per our privacy policy.
5.4. We will take reasonable measures to check and monitor on an ongoing basis the status of our resellers for validity and warrant that any reseller found to be false or fraudulent will be removed as quickly as possible and clients under this account will be transferred away accordingly .
5.5. Any product or service resold by us on our website shall be checked for quality, suitability and/or reliability before being offered on the website.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. You acknowledge that we are the owner of our website and own or license all its content.
6.2. You acknowledge that the website and its content is protected by international copyright and intellectual property laws.
6.3. You acknowledge that all services resold by you are branded as Aus Net Servers Australia Pty Ltd services.
6.4. You agree not to replicate, reproduce, distribute, sell or use the content of this site for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.

7. LIABILITY

7.1. Whilst we endeavour to ensure that the content of this site is genuine and accurate we shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
7.2. We shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
7.3. We shall not be liable in any way in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
7.4. You acknowledge and agree that any agreements made between resellers and merchants are excluded from these terms and conditions and we shall not be liable for any loss of any kind resulting from such agreements.
7.5. We shall not be liable for any consequential loss resulting from a third party product or service sold directly or indirectly through our website.

8. GENERAL / MISCELLANEOUS

8.1. In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you

8.2. The Customer Contract represents the entire agreement between you and us and supersedes all earlier warranties, representations, statements or agreements (whether oral or in writing) and may only be varied or amended in writing between the parties.

8.3. You may not assign the Customer Contract or any part of it without our prior written consent. We shall be entitled to assign the Customer Contract or any part of it and/or sub-contract the performance of any of our obligations under the Customer Contract to any person, firm or company.

 

8.4. If any provision of the Customer Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Customer Contract and the remainder of such provision shall continue in full force and effect.

 

8.5. Failure or delay by us in enforcing or partially enforcing any provision of the Customer Contract will not be construed as a waiver of any of our rights under the Customer Contract and will not be deemed a waiver of any subsequent breach or default by you.

 

8.6. The formation, existence, construction, performance, validity and all aspects of the Customer Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. In executing these Terms & Conditions I understand that I am agreeing to be invoiced the cost of the service and am also agreeing to be bound by the above Terms and Conditions.

9. ABUSE

9.1. IP Addresses that are ordered and not used within 14 days in accordance with our terms of service and APNIC’s terms and conditions will be removed from your service(s) and returned to the address pool.
9.2. You as the client are solely responsible for the content stored and used within your account and all attached services which is serviced to the general public from our network.
9.3. The client agrees not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination without warning and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse of our staff very seriously.
9.4. Clients who abuse the network capacity / resources of the Aus Net Servers Australia by attacking other servers  and or networks or constantly having their service(s) attacked with DDOS, SYN Attacks or BOTNETS will have their services suspended on the first occasion and terminated thereafter. Clients who commit or allow other people to commit such actions will be reported to the Australia Federal Police (AFP) and be forced to pay for the data that their service consumed in such illegal activities.
9.5. Aus Net Servers Australia’s network may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper written authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Committing such offense will result in service termination with penalty as set out in the terms of service.
9.6. Aus Net Servers Australia forbids its clients and users to use our network for unacceptable behaviour. Examples of unacceptable behaviour, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other scanning tools that cause harm to others; child pornography; email spam/bombing/opt-in; fraud activity / Credit card trading; harassment; making copy of unauthorized software; distribution of viruses. Committing such offense will result in service termination with penalty as set out in the terms of service.

10. TERMINATION

10.1.You may at any time during the term of this contract revoke your reseller membership account with us at no extra cost by sending us a written request by email, post or fax.
10.2. Should you choose to revoke your reseller membership for any reason no refund shall be payable.
10.3. We reserve the right to revoke your membership without notice or refund in the event that you breach any of the particulars that form these terms and conditions.

11. FORCE MAJEURE

11.1. In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you

12. SEVERANCE CLAUSE

12.1. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.

Terms and Conditions

GENERAL TERMS & CONDITIONS
Last Updated 28/12/2016
Effective 01/01/2017
Revision 4.4

1. HELPDESK & SUPPORT

1.1. Support with Aus Net Servers Australia Pty Ltd is provided on a first come first served basis, except where you, the client are a business, enterprise or wholesale customer, where by your support requests are prioritized.

1.2. Support is delivered by Telephone on 1300 933 038 (option 2) during business hours and Support Ticket (24/7 365 Days) via our website or email (24/7 365 Days).

1.3. Our Network operations centre is available via email (noc@ausnetservers.com.au) and via telephone (1300 990 293) 24/7/365 days a year for all network related issues or concerns including abuse. Additional fees may be incurred if you abuse this service. This service is designed for network related issues or abuse related issues only not general support. Please ensure you have a support ticket open prior to contacting a member of this department.

1.4. All service modifications and upgrades must be lodged through our online ticketing system or via telephone support. Please note that we do not accept service modification requests via any other means and as such all requests will be ignored for privacy and security purposes.

1.5. Please review our Support SLA Agreement on our website for further information.

1.6. Please review our Service SLA Agreement on our website for further information.

2. ABUSE

2.1. IP Addresses that are ordered and not used within 14 days in accordance with our terms of service and APNIC’s terms and conditions will be removed from your service(s) and returned to the address pool.

2.2. You as the client are solely responsible for the content stored and used within your account and all attached services which is serviced to the general public from our network.

2.3. The client agrees not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination without warning and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse of our staff very seriously.

2.4. Clients who abuse the network capacity / resources of the Aus Net Servers Australia by attacking other servers  and or networks or constantly having their service(s) attacked with DDOS, SYN Attacks or BOTNETS will have their services suspended on the first occasion and terminated thereafter. Clients who commit or allow other people to commit such actions will be reported to the Australia Federal Police (AFP) and be forced to pay for the data that their service consumed in such illegal activities.

2.5. Aus Net Servers Australia’s network may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper written authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Committing such offense will result in service termination with penalty as set out in the terms of service above.

2.6. Aus Net Servers Australia forbids its clients and users to use our network for unacceptable behaviour. Examples of unacceptable behaviour, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other scanning tools that cause harm to others; child pornography; email spam/bombing/opt-in; fraud activity / Credit card trading; harassment; making copy of unauthorized software; distribution of viruses. Committing such offense will result in service termination with penalty as set out in the terms of service above.

3. BILLING & PAYMENTS

3.1. All invoice charges are shown in Australian Dollars (unless otherwise stated) and includes Goods and Services Tax (unless otherwise stated).

3.2. Your service will be instantly suspended and later terminated (after management review) if the payment is declined, charged back or disputed and early termination fees may apply depending on the service.

3.3. Lodging a charge-back through your financial institution or Pay-Pal will result in an instant charge of $132.00 being applied to your account which complies with an administration fee of $33.00 and a charge back fee.

3.4. Where service payments are not made and no payment arrangement is put in place within 24 hours of the due date your service will be suspended. If your account still remains outstanding after 5 days your service will be terminated and the account send to our collections agency

3.5. Where a client is paying Aus Net Servers Australia by Credit Card, the client gives Aus Net Servers Australia Pty Ltd permission to attempt payment capture at midnight of the service due date (unless payment has already been made for the due invoice.

3.6. Aus Net Servers Australia generates all invoices for all accounts at least seven (7) days prior the anniversary date. At this time you will be issued with a Tax Invoice via E-mail (as an attachment) or a notification of where you can login and download your invoice

3.7. All simply hosting products including but not limiting cPanel Web Hosting, DNS Server Hosting, Dedicated Servers, Virtual Private Servers and our electronic services are non-refundable

4. DEBT COLLECTION

4.1. Aus Net Servers Australia Pty Ltd reserves the right to charge 20% interest on all accounts that are more than 30 days old unless a prior arrangement has been made in writing.

4.2. For the purpose of debt collection, debt recovery or debt purchase, Aus Net Servers Australia Pty Ltd reserves the right to release your personal information in accordance with our privacy policy

4.3. If Aus Net Servers Australia Pty Ltd is unable to make contact you the client to clear the account balance via email, phone or text message then Aus Net Servers Australia Pty Ltd reserves the right to forward the overdue debt onto our debt collection agency whereby the client will be responsible for all collection and legal costs incurred in recovering the money owing.

4.4. Account credit cannot be withdrawn from your account at any point in time. All credit that is on the account will stay on the account until used by a fee or service

4.5. Where collection proceedings fail, Aus Net Servers Australia Pty Ltd reserves the right to lodge the debt owing against the client’s name as a bad credit mark. This may impact your future ability to apply for credit even after the debt is paid in full

5. TERMINATION & SUSPENSION OF SERVICES

5.1. Clients are forbidden, to create more than one account without the written approval of management using the same name or other address and contact details. We use extensive data cross matching systems to detect such activities and if a client is caught doing this they risk instant service termination with penalty

5.2. Aus Net Servers Australia may temporarily deny or terminate all your services apon the failure of the customer to pay account charges due or for breach of these Terms of Service. Such termination or denial will not relieve the customer of their responsibility for the payment of all accrued charges, plus any fees and any collection or legal fees if applicable. See “Billing, Payments, Collections & Account Policy for further information

5.3. For clients who do not give the mandatory 30 day’s notice to terminate their ANSA services the following terms apply:

 

  1. The client will be billed a full months renewal of their services or part there of
  2. The client will be billed an administration fee of $66.00AUD
  3. The client will be billed a $99.00 network termination fee excluding the following services:
    1. Web Hosting
    2. DNS Hosting
    3. Stream Media Hosting
    4. Business ICT
    5. Email Hosting
    6. TeamSpeak3 Hosting

5.4. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any IP addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination.

5.5. While reasonable efforts are be made to block all inbound and outbound attacks to other external or internal servers or networks, Aus Net Servers Australia are obliged to disconnect any service that may be participating in illegal activities if we receive documented proof that your service(s) have been committing such an attack on an external resource that matches the data packets on your port.

5.6. When a server is found to be excessively using the resources available, Aus Net Servers Australia reserves the right at its sole discretion to disconnect that server immediately to avoid slowing down other servers on our network. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and our network. Where appropriate account holders may be offered an option whereby Aus Net Servers Australia reactivate the server with additional resources for an additional fee.

5.7. As we run our own domain name registry any name server change requests for any domain name hosted by Aus Net Servers Australia must be put in writing and addressed to the Network Operations Centre at least 48 hours prior to the changes been undertaken to ensure relevant changes are made on our end to prevent any outages to your website.

6. Payment Gateway Processing Fees

6.1. When using a credit card with Aus Net Servers Australia, a processing fee of 3.90% of the total amount (inclusive of GST) + 0.30 cents per transaction

6.2. When using a PayPal account with Aus Net Servers Australia, a processing fee of 3% + 0.30 (inclsuive of GST) per transaction will apply

6.3. When using a our direct debit with Aus Net Servers Australia the following conditions apply:

  1. You give Debit Success permission to debit your bank account on behalf of Aus Net Servers Australia Pty Ltd.
  2. You acknowledge that personal information needs to be provided to Debit Success to be able to process the payments in accordance with our terms of service.
  3.  A monthly fee of $5.50 will apply per transaction.
  4. A once off establishment fee of $66.00 will apply for each new client loaded into the system.
  5. In the event of a payment failure or be reversal a dishonour and administration fee of $99.00 (inclusive of GST) will be applied to your next invoice.

7. FORCE MAJEURE

7.1. In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you

8. CREDIT REPORTING

8.1 Where required to by law, Aus Net Servers Australia Pty Ltd “Aus Net Servers” may use a credit reporting agencies such as DnB (Dun & Bradstreet) or Creditor Watch for the purpose of:

  1. Preforming credit history checks before delivering contracted internet and or other hosting services, in accordance with our Pricacy Policy and any relevant Australian Local, State and Federal laws.
  2. The Lodgements of credit defaults against you or your business if your account remains unpaid and debt collection has been exhausted.

9. SEVERANCE CLAUSE

9.1. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.