TERMS – WEB AND EMAIL HOSTING
Terms of trade for website & email hosting /server access
* Please note: Jungle Design Studios (JDS) is a website hosting reseller and does not own the physical hosting servers, therefore; we, as well as YOU, are subject to their terms and conditions.
Should You use JDS to host your website then,
1. all web hosting contracts are for a period of 12 months if paid annually; or monthly for managed hosting plans after the first paid 12 months contract is up;
2. You agree to pay 1) the yearly fee for basic hosting in advance as detailed in Schedule A; or 2) the monthly fee for managed hosting by direct debit
3. no refunds will be provided if hosting is cancelled within the 12 month period;
4. Hosting plan prices and packages, detailed in your contract, are subject to change and should be considered an estimate only.
5. in the event You or a third party access your hosting account JDS will not be held responsible or liable for any errors or technical issues that may arise.
6. JDS will use its best endeavours to ensure your website will remain visible on the internet but, in the event of a hosting server failure due to technical issues, spam issues, hacking issues, virus issues, security issues, or black listing issues, JDS will not be held responsible for any down time of such hosting and/or email servers or any issue arising out of this downtime, including but not limited to: loss of profits, loss of income or loss of business.
7. JDS reserves a ‘best efforts’ clause that your site will remain visible on the internet. In the unlikely event of (hosting & email) server failure due to various technical, SPAM or black-listing issues, JDS will not be held responsible for any unforeseen downtime of those servers.
8. If You wish JDS to transfer your website to a different hosting provider, such transfer will be undertaken for a minimum fee of $450 + gst PLUS any licensing costs associated with your website platform or necessary components that would normally be covered if JDS hosts your website. It may also cost more to install shopping carts, cms sites and other more complex sites dependent on what system the other hosting provider is running which is billable at our current hourly rate.
9. We cannot warrant all features will operate correctly as this will be dependent on what software and systems are available on this third party hosting provider
10. You acknowledge that JDS is not an Information Technology (I.T.) company and is therefore not obliged to provide Information Technology support unless it is stated in your monthly managed hosting and care plan.
11. JDS has business hours and does not operate or provide support outside of these hours.
12. JDS shall not be held responsible for the backing up or saving of website files that are hosted by us or any third party.
13. JDS reserves the right to suspend or cancel a customer’s access to any or all services provided by us, should and/or when we decide that the account has been inappropriately used or otherwise.
14. In the case of cancellation, you must download/save your website prior to disconnection to avoid losing your website, site files, emails and databases. JDS is not responsible for backing up, copying or keeping a copy of your site in our system
15. If you do not cancel your services in writing and you fail to pay the account prior to expiration, a fee will apply to recover and/or reconnect your services / subscriptions / hosting / domain / site / etc….
16. Pricing and packages for hosting may change at any time
17. SSL certificates are required for internet security compliance for YOU and your web visitors and will incur a separate yearly charge plus a setup fee for initial installation.
18. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Accounts are to be used by the primary owner only (single domain name) unless otherwise contracted with us. As the purchaser of service, you are solely responsible for the activities and usage of your account. Your usage must operate in a manner that does not interfere with the service of others. JDS reserves the right to refuse service and /or access to its servers to anyone at our sole discretion.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge.
Transfers to another host from JDS’s hosting servers will incur a minimum fee of $450 + gst. However, we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.
DISK SPACE USAGE POLICY
Disk space is provided for the purpose of displaying of web sites on the internet. We do not allow space for storing personal files, file sharing, IRC, gaming, or any purpose other than content for displaying of your web site unless otherwise contracted (i.e. Purchasing a streaming media add-on account.)
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password.
It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.
JDS does not allow any of the following content to be stored on its servers:
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation, or content or communications intended to be malicious. This also includes any information PHISHING or attempts to extract information from others in an unethical way.
“Adult Only” Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult only material” is left entirely to the discretion of JDS.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
If any of the above is found on your account, the entire account can be terminated immediately.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.
ZERO TOLERANCE SPAM POLICY
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
JDS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
JDS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of JDS.
BANDWIDTH USAGE POLICY
JDS offers bandwidth (data transfer) for communicating on the internet. Unless otherwise contracted, hosting accounts are to be used for one domain name only.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Some services may offer “unlimited” data transfer per these terms of service; however only for the display of a web site only, not for data storage space, file sharing, game serving, mass mailing, or any other purpose unless otherwise contracted. In rare cases, JDS may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In instances when a website is found to be monopolizing the resources available JDS reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse or damage of our servers. Customers may be offered an option whereby JDS continues hosting the website under a different plan such as dedicated server type.
Technical support via email is included with your hosting package, please click the ‘submit a support request’ link on the bottom of your Control Panel. We will reply within 48 hours, but do not make any guarantees.
All other technical support, including, but not limited to, email setup, transferring of files, backing up, uploading, downloading, trouble-shooting client side errors etc… will be charged out at our hourly tech support fee of $110 + gst.
JDS operates under standard business hours and does not provide support services outside of these hours. We do not provide 24/7 service.
All accounts are set up on a prepay basis. Although JDS reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment unless the customer exceeds posted limitations of the purchased plan, in which case we would recommend you upgrade your account and bill you for the difference. Recurring payment is due at the end of each period of billing.
All payment is in Australian dollars unless otherwise noted.
CANCELLATION AND REFUNDS
JDS reserves the right to cancel the service at any time. In this event customers may be entitled to a pro rata refund based upon the remaining period of membership; however this right is to the discretion of JDS. If a customer contravenes JDS’s terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time in which case, no refunds will be given.
1. Waiver of Damages; Limited Liability.
1. CLIENT AGREES THAT NEITHER COMPANY NOR COMPANY’S AFFILIATES SHALL BE LIABLE OR OBLIGATED (EXCEPT AS SET FORTH HEREIN) UNDER THIS AGREEMENT OR UNDER PRINCIPLES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO COMPANY’S SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Client acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of account holders who are repeat offenders. However, CLIENT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH DIGITAL MILLENNIUM COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
3. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $500.00 AUSTRALIAN.
4. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither JDS nor its licensors are responsible for any damages caused by your decision to do so.
Customer agrees that it shall defend, indemnify, save and hold JDS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against JDS, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless JDS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with JDS’s web hosting accounts; (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 JDS’s webhosting package.
JDS will not be responsible for any damages your business may suffer. JDS makes no warranties of any kind, expressed or implied for services we provide. JDS 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 JDS and its employees, contractors or service providers. JDS reserves the right to revise its policies at any time.
DISCLOSURE TO LAW ENFORCEMENT
JDS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
CHANGES TO THESE TERMS AND CONDITIONS
JDS reserves the right to revise its policies at any time without notice.
Should you not agree with these terms and conditions, you are free to move to another hosting company at your discretion; however, if your site resides on our hosting servers, you are bound by these terms and conditions until your site and files have been fully transferred.
No refunds will be provided in any case