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Terms and Conditions of ServiceTERMS AND CONDITIONS OF SERVICE BETWEEN You AND Webfeat By having Your website hosted by Webfeat, You agree to the following Terms and Conditions of Service. RECITALS This is a legal agreement between You and Webfeat. The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources. Before placing Your website on Servers operated by Webfeat, You must read the Agreement and accept its terms and conditions. If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by Webfeat. Definitions "Agreement" means these Terms and Conditions of Service. "Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person. "Client" means any person to whom Webfeat provides the Service. "domain parking" means one or more domain names pointing to Your website, or any part of it. "Webfeat", "we", "our" and "us" means Webfeat Internet Services. "person" includes a corporation, a trust and a partnership. "Servers" means all Servers owned or operated by Webfeat, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Webfeat providing the Service. "Service" means the hosting of Your website and related services on Servers operated by Webfeat, including access to Your website by You or any other person. "website" includes all aspects of the Service (website, mail facilities, FTP access etc). "You" and "Your" means the person who agrees with Webfeat to have a website hosted on Servers operated by Webfeat. Order Details and Processing You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply. You confirm that the details You have provided to Webfeat when ordering Your web hosting account are complete and correct. We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days. Conduct You must not:
Password Security You must keep confidential, all passwords created or used in relation to the Service. You must not:
Acceptable Content Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling-related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour. This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software. If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice. If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice. No Mirroring You must not use Your website to mirror any material on any other website without the written permission of Webfeat. Webfeat has sole discretion to determine whether to grant permission to You to mirror another website. No Web Cams Your site must not contain any "Web Cam" content. Submitting Site Details To Third Parties You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions:
Additional Domains You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/). If You require additional domain names to be pointed at Your website, You must obtain written permission from Webfeat. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website. You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain. You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content. Traffic Allowance Your website is entitled to unlimited traffic in each calendar month unless any of the following apply to Your site:
If, at our sole discretion, we decide:
we may, at our sole discretion, either:
You acknowledge and agree that Webfeat has the sole right to determine when and where these provisions apply. Due to time constraints Webfeat cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that Webfeat has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges. If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice. Use of Disk Space Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from Webfeat. You must not place "demonstration" versions of third party web pages on Your website without written permission from Webfeat. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from Webfeat. Webfeat reserves the right to decide whether any pages on your site are in fact hosted for third parties. You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website. Number of Files There is a limit to the number of files which can be stored on Your website. The limit varies depending on which hosting plan You are on. You can have up to 5,000 files on our Small Business Starter plan, up to 10,000 files on our Business Power plan, and up to 20,000 files on our Corporate Giant plan. Large Files Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 15 MB in size. Your website must contain no more than 15 "large" files. A "large" file is one that is greater than one megabyte in size. Please note too that sites offering large files for download or delivery are unlikely to qualify for unlimited traffic and may incur significant excess traffic charges. Database Size The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either:
Virus Scanning Webfeat scans incoming and outgoing messages for viruses. However Webfeat does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Webfeat reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus. Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats. Backups Webfeat will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service. Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply. We strongly encourage You to keep a backup of Your site on Your home or office computer. Site Statistics We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months. Mail Services All mailboxes are limited to 20 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it. Webfeat will remove without notice any messages that have been in Your mailbox(es) for more than 120 days. If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes. Webfeat reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion. Mailing Lists If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis. Providing Mail Services for Third Parties You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties). Spam (Unsolicited Email) You must not send unsolicited email messages from a Webfeat server. You must not use an email address or domain name that is hosted by Webfeat to send unsolicited email messages. If You breach these conditions we may immediately terminate the Service without notice. Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements You must not use Webfeat Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community. If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice. Short Message Service (SMS) Facilities If You decide to use our Short Message Service (SMS) facilities then You acknowledge and agree that:
Resource-Intensive Programs If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
We do not allow background processes, cron jobs or daemons to be run. Prohibited Scripts We reserve the right to disallow installation and/or execution of any script if the script contains at least one security fault, programming fault, or is too resource intensive. The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is banned on our servers because it can be easily exploited by spammers. Additionally, any scripts which are based on Matt Wright's FormMail code are banned on our servers. However please note that an alternative, secure, version of FormMail can be installed easily through our Control Panel. The alternative version of FormMail is a drop-in replacement for the Matt's Script Archive version of FormMail so will work with forms written for the Matt's Script Archive version of FormMail. Chat Rooms and IRC Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms, IRC-related software on our Servers. Domain Name Registration Domain name registration fees are not included in our prices unless we explicitly state otherwise (for example, as part of a special offer). If Your domain name has not been registered yet, You will be responsible for handling the registration process and paying the necessary registration fees to Your registrar. Webfeat will, however, be happy to provide You with the technical details required to register Your domain name. If Your domain name has already been registered we will not submit the domain name transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself. If You require Your domain name to be changed, additional setup fees will be charged. Technical Support We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email and/or our online Support Request Form at our discretion. Notice You agree to correspond with Webfeat via our Support Request Form. If Webfeat needs to contact You for any reason we will do so via email only. You agree to notify us promptly of any changes to Your email address or other contact details. Billing Cycle, Invoices and Payments Our billing cycle is quarterly in advance. Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one week before each subsequent payment is due. If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice. If You accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to Your Webfeat account. At Your request, we may consider refunding the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges. Generally, all fees are non-refundable. If however we decide that exceptional circumstances apply then we will provide a refund, or partial refund, at our discretion. Prices Prices are subject to change without notice. Any change in monthly fees will apply to Your next hosting period, but will not be payable for Your current hosting period. Site Suspension Webfeat may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then Webfeat has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content. Cancellation of Service You may cancel the Agreement at any time by providing Webfeat with written authorization to close Your web hosting account (the Service). We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice. You acknowledge that Webfeat does not keep copies of files for web sites that are no longer hosted with us, and that Webfeat has the right to remove all website files at the time the Service is cancelled or discontinued. Limitation of Liability You indemnify Webfeat and its directors, shareholders, employees and associates in relation to any Claim as a result of:
If a term is implied into the Agreement by the Trade Practices Act 1974, Webfeat's liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again. Modifications to Service Webfeat reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that Webfeat will not be liable to You or any other party for such modifications to the Service. Webfeat reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the Webfeat site. Intellectual Property Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree not to reverse engineer or create derivative works based on the Service, or copy the Service in any way. Disclaimer We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service. Additional Conditions for Specials If You purchase Your account in response to a special offer advertised by us (such as a discounted web hosting plan), then additional and/or alternative terms and conditions may apply. Details of such additional and/or alternative terms and conditions are disclosed on the relevant pages on our website (that is, on the pages which outline the details of the special offer You have chosen) and form part of this Agreement. If the additional and/or alternative terms and conditions are inconsistent with this document, then the affected clauses in the additional and/or alternative terms and conditions will override the conflicting clauses in this document. |
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