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Terms & Conditions of Services
MEDIHOST acts as a neutral provider of web hosting services to the global Internet. MEDIHOST may suspend services provided to you or cancel your account if determined that you have violated MEDIHOST policies. MEDIHOST is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: Telstra, Optus and Verizon.
Customer agrees to the following terms of service:
1/ Terms:
Customer agrees to a minimum contract term for services as specified by their chosen billing cycle, unless otherwise agreed to in writing. The contract for services is automatically renewed each renewal period (1, 3, 6, 12 or 24 months) in perpetuity, subject to receiving a formal cancellation request by the Customer.
2/ Service Fees:
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the service cycle (1, 3, 6, 12 or 24 months) and will be billed on the anniversary date of rebilling period.
3/ Upgrade Fees:
a/ Upgrades ordered on the billing anniversary date will be billed for the full service and will continue on each anniversary date.
b/ Downgrade requests (package or billing cycle) need to be submitted at least 7 days before the new billing cycle.
Only up to date accounts can be upgraded or downgraded
4/ Additional Service Fees:
Additional services ordered on the billing anniversary date will be billed for the full service and will continue each billing cycle on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full fees added to your existing anniversary billing date.
5/ One Time Fees:
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
6/ Service Credits:
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
7/ Cancellation by Client:
If for any reasons you to wish to cancel any services MEDIHOST requires a seven (7) day formal cancellation notice prior to the renewal billing date for discontinuance or downgrades of services.
Please be aware that you MUST follow MEDIHOST's formal cancellation process to give an effective notice of non-renewal cancellation.
Formal cancellation can ONLY be submitted from your Client Area located at: http://www.medihost.com.au/
Please use the client area username and password predefined in your welcome email!
Once logged in, click on "My Services", click on the "Details" icon next to your hosting service, then scroll down to the bottom of the page and click on "Cancellation Request" and follow the process. Once we receive the cancellation, the billing will be cancelled and the accounts suspended.
Failure to follow MEDIHOST's formal cancellation process with the requisite seven (7) days effective notice will result in the account being re-billed as per the current billing cycle and no refunds can be issued
All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by MEDIHOST.
Transferring your domain name(s) or service(s) away from MEDIHOST does not mean your account is automatically cancelled. You must notify MEDIHOST to cancel your account, using the method listed above.
8/ Cancellation and Termination of Services by MEDIHOST
MEDIHOST reserves the right to cancel your service at any time.
If your account is cancelled because you have violated MEDIHOST usage policies, no refund will be paid.
8.1/ Non-Payment:
All payments are due in full on the anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS.
A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (15) days of non-payment will be destroyed for security and privacy reasons.
8.2/ Refunds & Disputes:
MEDIHOST operates a 7 day refund guarantee for NEW account signups paid for on an ANNUAL or 2 Yearly billing cycles ONLY, excluding domain registration fees, SSL certificates, dedicated IP addresses and any non-refundable transactions fees.
This does not apply to recurring account fees, please refer to clause 7 of these Terms and Conditions
After this initial grace period for new signups, all services are non-refundable. This includes, but is not limited to: setup fees, one time fees, renewal and service fees (1, 3, 6, 12 or 24 months), upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an billing ticket inside the Customer portal located at http://www.medihost.com.au/
Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorised collection agency.
9/ Lawful purpose
MEDIHOST may refuse service to anyone. You may use MEDIHOST services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. MEDIHOST will make the decision as to whether materials violate its policies.
10/ Specific acceptable usage policies, unauthorised use
MEDIHOST will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a MEDIHOST customer, whether or not the attacked account or computer belongs to MEDIHOST, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
MEDIHOST may deny use of *.MEDIHOST.com.au third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.MEDIHOST.com.au third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within MEDIHOST's sole discretion.
11/ Setup of accounts
MEDIHOST endeavours to setup all shared hosting accounts within 24 hours, however, we reserve the right to delay setup of an account for fraud checks. Dedicated servers are setup within 7 days of the order being received.
12/ Scripting and Development Support
Scripting and development support is outside of the realm of MEDIHOST's hosting support boundaries. Clients must communicate directly with their web developer or designer regarding any queries relating to the development and management of the client's website and scripting.
13/ Backups
The backup of customer data is the customer's responsibility. MEDIHOST is not responsible for the files on customer accounts. If an account is cancelled, data recovery is not possible. MEDIHOST do keep backups but do not warrant that any backups kept will be up to date or result in no loss of data. Backups are kept daily, weekly and monthly however the data kept in these backups may also be corrupt and outside of the control of MEDIHOST. Please perform a manual backup using your control panel (cpanel) before updating any site details scripts or databases.
14/ High resource usage
If an account utilizes high levels of server resources (such as CPU or memory) to the point where there is a negative impact upon other clients, the following procedures will be adhered to:
1st Breach: Written warning regarding your account
2nd Breach: Suspension of your account for 48 hours
3rd Breach: Cancellation of your account
MEDIHOST reserves the right to suspend or cancel an account at our discretion.
In extreme breaches of excessive resource usage, MEDIHOST reserves the right to suspend accounts without prior warning.
Activities which are explicitly forbidden by our Acceptable Usage Policy include running the following:
- Online Game Servers
- Internet Relay Chat
- Proxy Servers
- Sites infringing on Copyright content, such as Illegal Warez sites
- Online Gambling
- Sites with illegal pornographic content
- Voice or Video on Demand services
15/ Account security
MEDIHOST accounts must only be accessed by the authorised account holder, and it is the account holder's responsibility to maintain a secure password. Customers must not distribute their username and password to any other individual or third party.
16 / Website security
Whilst MEDIHOST employs protective mechanisms to help protect against website vulnerabilities, it is the client's responsibility to maintain the security of their website scripts and to keep their web applications up to date to address vulnerabilities as they are recognised.
17/ Support
Technical support will only be provided to the authorised account holder or the authorised technical contact for an account as listed in our client billing area. The authorised account holder has the ability to add one additional technical contact to their account for the purpose of support only and the request for this contact to be added must be submitted in written form via our helpdesk. An authorised technical contact does not have the ability to request changes to be made to an account’s billing information, usernames or passwords.
All support requests must be submitted via our helpdesk and include the appropriate identity information to determine the person submitting the request is authorised to submit such requests.
18/ Reseller Support
Resellers are responsible for their own customers support issues. All support requests regarding a reseller's customers must only be made by the authorised reseller account holder themselves for security reasons.
19/ Insecure scripts
MEDIHOST places restrictions on certain types of script being installed on our servers due to security concerns. An example list of these scripts can be found here:
https://www.medihost.com.au/knowledgebase.php?action=displayarticle&id=3
If in doubt as to whether your script is suitable for a shared environment, contact us by email or phone.
20/ SPAM - ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
MEDIHOST may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette.
21/ Payment policies
All major credit cards are accepted.
Processing is done via 3rd party International Creditcard merchant.
Initial Fees
Payment of the setup fee and first period's charges are required for MEDIHOST to activate your service.
Setup fees are non-refundable.
Fees for domain name setup, renewal, or transfer are non-refundable.
MEDIHOST will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, MEDIHOST will cancel your order. Please note that services will not be activated until payment is received.
Payment by check or direct deposit will only be allowed for payment periods 12 months or above . Service for check paying customers will only be activated after your check clears bank processing.
22/ Recurring Charges
You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service.
When paying by credit card, the client aggrees that MEDIHOST automatically charge their credit card on the first day of the billing cycle . Your account will be suspended if three attempts to charge the card are declined.
23/ Pricing policy:
MEDIHOST will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for MEDIHOST under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services. MEDIHOST may change package features and specifications at its discretion.
24/ INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold MEDIHOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MEDIHOST, 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 MEDIHOST against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MEDIHOST's server; (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 MEDIHOST's server.
25/ DISCLAIMER
MEDIHOST will not be responsible for any damages customers or their enterprises may suffer. MEDIHOST makes no warranties of any kind, expressed or implied for services we provide. MEDIHOST disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by MEDIHOST and its employees. MEDIHOST reserves the right to revise its policies at any time.
26/ LIMITATION OF LIABILITY
In no event shall MEDIHOST be liable to customer for any damages resulting from, or related to, any failure or delay of MEDIHOST in providing access to the internet under this agreement. MEDIHOST makes no warranties of any kind, expressed or implied for services we provide. MEDIHOST disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall MEDIHOST be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if MEDIHOST has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in MEDIHOST services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. MEDIHOST's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to MEDIHOST hereunder. MEDIHOST will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by MEDIHOST and its employees by its own negligence or customers errors or omissions. MEDIHOST reserves the right to revise its policies at any time.
In an effort to protect the privacy and rights of MEDIHOST customers and visitors to our website, MEDIHOST has established the following Privacy Policy.
28/ Privacy Statement
The privacy and security of data of our users is of the highest importance to MEDIHOST Web Hosting. MEDIHOST is committed to safeguarding the information Users entrust to MEDIHOST. To protect your data we have put in place suitable physical, electronic and managerial procedures in order to safeguard and secure your data at all times.
29/ Disclosure of Information
Unless we are explicitly obliged or permitted by law to do so, your personal and account data will not be disclosed to third parties.
MEDIHOST will not disclose the personal and account data of MEDIHOST customers unless MEDIHOST has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of MEDIHOST, MEDIHOST customers, or others, or if MEDIHOST is obliged or permitted by law to do so where MEDIHOST has a good faith belief that such disclosure is required by law.
MEDIHOST also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that MEDIHOST stores or transmits for it’s customers. The circumstances under which MEDIHOST will disclose such electronic customer communications are when: -
1) It is necessary in order to provide service or support to the customer.
2) It is necessary to protect the legitimate interests of MEDIHOST and MEDIHOST customers.
3) It is required for cooperation with relevant law enforcement agencies under the governance of NSW Law. Such as interception orders, warrants, or other legal processes that MEDIHOST determines in it’s sole discretion to be valid and enforceable.
4) It is necessary to provide to a law enforcement agency when the contents are inadvertently or as above obtained by MEDIHOST and appear to pertain to criminal activity.
In accordance with our Privacy Policy and as per MEDIHOST’s Terms and Conditions, the integrity and backup of customer account data remains at all times the sole responsibility of the account holder. MEDIHOST offers no guarantee for account data and accepts no responsibility relating to the storage and backup of account data stored by customers.
Last change to T&C's 31/January/2011 if you do not accept these T&C's please notify us in writing within 14 days via http://www.medihost.com.au/
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