Australias Best Value Hosting. 100% Australian Based Servers.
Terms of Service / Acceptable Use Policy
1. Agreement :
By obtaining an account for service from Host Capacity on our servers, you do implicitly agree to the terms outlined in this TOS/AUP as indicated by the requirement to check the 'Agree to Terms of Service/Acceptable Use Policy' checkbox prior to signing up online, or by a returned fax of a signed TOS/AUP agreement. You do also agree to maintain our TOS/AUP for the duration of your time with Host Capacity . Host Capacity reserves the right to change the TOS/AUP any time we see fit.
This document (including updates and amendments) is the current and only applicable TOS for clients of Host Capacity .
2. Content :
All content stored and served from the Host Capacity Servers and Network is to be of a lawful nature only.
We will exercise zero tolerance of any sites or dedicated servers containing the inclusion of (but not limited to) adult-only material, pornography, racist, hate content, graphic violence, warez, pirated/fraudulent material, 'ripped' or unauthorized site copies, virus, worms, trojan horse, high yeild investment programs (HYIP) sites, harmful code or attachments and other threatening or obscene content either stored, served or linked to from the Host Capacity Servers.
In the interest of protecting server and network resources and security, we also do not allow the use of any IRC servers, egg drops, bots, web spiders or Chat scripts or clients.
The distribution of MP3's is not allowed on our servers. Under certain circumstances, this rule may be allayed. This exception, however, will be on an individual basis and only upon direct request to our support staff.
We also do not allow the running of any background processes/daemons as they may potentially affect server resources. Please consult with us before you run any such device.
Clients shall not knowingly or otherwise, use or permit others to use, the Host Capacity Servers or Network for any of the abovementioned forbidden content inclusions.
3. Refusal of Service/Violation of TOS :
All content stored and served from the Host Capacity Servers and Network is to be of a lawful nature only.
We will exercise zero tolerance of any sites or dedicated servers containing the inclusion of (but not limited to) adult-only material, pornography, racist, hate content, graphic violence, warez, pirated/fraudulent material, 'ripped' or unauthorized site copies, virus, worms, trojan horse, harmful code or attachments and other threatening or obscene content either stored, served or linked to from the Host Capacity Servers.
In the interest of protecting server and network resources and security, we also do not allow the use of any IRC servers, egg drops, bots, web spiders or Chat scripts or clients.
The distribution of MP3's is not allowed on our servers. Under certain circumstances, this rule may be allayed. This exception, however, will be on an individual basis and only upon direct request to our support staff.
We also do not allow the running of any background processes/daemons as they may potentially affect server resources. Please consult with us before you run any such device.
Clients shall not knowingly or otherwise, use or permit others to use, the Host Capacity Servers or Network for any of the abovementioned forbidden content inclusions.
Host Capacity reserves the right to refuse service or cancel a service upon its sole discretion due to breaches of the TOS/AUP.
Existing clients found breaching any TOS/AUP conditions will either receive a warning, suspension or immediate account termination, dependent upon the nature of the breach of our TOS/AUP. In most cases, barring the most serious of breaches, we will notify you by email of our intention to suspend or terminate your account or site, no less than 24 hours before such action is taken. In the case of a serious breach, such as serious violations of our content or spamming policy we will suspend or terminate your account immediately. In these cases, an email will be sent to the client, advising of the suspension or termination and allow reasonable recourse for the client to solve the problem.
Content of an illegal nature will be reported to the appropriate authorities and the clients account will be terminated immediately. An email will be issued to the client giving notice of a withdrawal of our services.
If an account is suspended or terminated due to a breach of this TOS/AUP, Host Capacity is NOT responsible for any losses or damages incurred.
If an account is suspended, although the site is unavailable, this is considered uptime and any 7 day money back guarantee, if applicable, is not valid.
No refund will be given for suspension or termination of account due to a violation of this TOS/AUP.
Every violation of the TOS/AUP will result in a fine of $100. This amount is not limited to any figure ie. If you spam for every instance of spam it will cost you $100.
4. Refund Policy/Account Cancellation :
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 4, ALL PAYMENTS TO HOST CAPACITY ARE NON REFUNDABLE.
If the client chooses to close their account with Host Capacity , it is required that the client:
Lets us know prior to the end of their current periods billing cycle. This will enable us to remove the client from our billing system so as no further invoices are issued.
Account cancellation notices will only be accepted if delivered via our service cancellation form located on our website.
Any time after the account termination date (unless otherwise organised), we will delete client account details from our servers. We strongly advise that the client back up their site via the control panel and download it to their local computer prior to advising us of the cancellation notice, so as no information is inadvertently lost.
Refunds are given at the discretion of Host Capacity.
No refunds will be issued in cases where we have terminated an account due to a breach of this TOS/AUP.
No refunds can be made on domain name purchases.
Without waiving any of its other rights under this Agreement, Host Capacity, offers to its Customers a 7-day money-back guarantee on fees for hosting services only (the “7-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Host Capacity, within seven (7) days of the beginning of your service, Host Capacity will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 7-Day Guarantee. If you have ever previously obtained a refund under the 7-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
Setup fees,
Fees for domain name registrations,
Fees charged for exceeding your allotted disk storage space or bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees,
Any add-on services, features, software, and
Any other fees for services involving a third party.
The 7-Day Guarantee is subject to all of the following limitations:
You are entitled to a maximum of one (1) 7-Day Guarantee.
If you do not cancel your account within thirty (7) days of the beginning of your service, your right to the 7-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Host Capacity.
You may not transfer or assign the 7-Day Guarantee to any third party.
You agree that you will not circumvent the restrictions on the 7-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
Creating multiple accounts, using the same customer name or different customer names;
Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you register for your account; or
Requesting a refund under the 7-Day Guarantee at any time after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of Host Capacity, you will not be eligible for the 7-Day Guarantee:
Terms of Service (TOS);
Acceptable Use Policy (AUP); or
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 7-Day Guarantee. The 7-Day Guarantee applies to your first order of Web hosting services from Host Capacity and does not apply to any changes to your service at any time.
5. Spamming/Email:
Spamming, unsolicited email or Mass Emailing (including programs that are used for this purpose) in any form from the Host Capacity servers or from an email address held on the Host Capacity servers is expressly forbidden. A violation of this nature will revoke any service agreement you have with Host Capacity and may result in the termination of your account with no recourse for refund. A fine of $100 per instance will be incurred.
6. Back-Up's:
Although Host Capacity does perform system wide back ups, it is to be advised that each client is responsible for their own site or servers backup's. We do recommend that a personal backup is advisable. The ability to do so easily is available to each client through his or her control panel. Host Capacity holds no responsibility as to the availability of backups and the data contained within them.
7. Client Responsibility:
Clients with accounts on the Host Capacity Network agree to act in a responsible manner with regards to their content and actions on our Servers. Client agrees to not knowingly or otherwise disrupt processes, or to trespass, alter or tamper in any way with the security of files contained on the Servers or to allow any content on their account that allows this to be done.
8. Payments & Pricing:
Payments: All payments are due on time and in whole. If an account is not paid by the due date, the client will be issued an email or contacted by other means notifying of the oversight. If payment is not received by the account due date, then the clients account/web site will (upon our sole discretion) be suspended. If payment is not received by the account due date then Host Capacity reserve the right to terminate the account and delete it from our system. A fee of $7.50 will be incured for every overdue account. Host Capacity may re-take control and ownership of any domains that are associated with an overdue and delinquent account until full payment and any associated collection fees are paid in full.
Accounts in suspended status are still considered to be payable accounts and as such are subject to normal fees and account costs.
Pricing:
Host Capacity reserves the right to change its prices listed on our web site at any time without notice.
9. Transfer of Service:
The Client shall not transfer their service to any other person or entity without prior written consent from Host Capacity . If Host Capacity agrees to allow the transfer of service, the new client must agree to the Host Capacity TOS and AUP before the account becomes valid.
10. Abuse:
The abuse (threatening, harming, slandering or otherwise undermining) of any client, employee, Host Capacity itself or to its Servers will not be tolerated and will be met with an immediate account termination without recompense and will be reported to the appropriate authorities.
11. Reporting Abuse:
If a client is found to be in violation of - or suspected of violation of - these TOS and AUP, it should be reported to Host Capacity via email at
. Please ensure that all relevant and helpful details be included in the email so as the situation can thoroughly investigated.
12 Network Security:
Clients are prohibited from violating or attempting to violate the security of the Host Capacity network or any of its clients. Should a violation take place, civil or criminal prosecution may result. Host Capacity will investigate any alleged violations and co-operate fully with law enforcement agencies.
Violations include but are not limited to:
the attempt to login or gain access to any account or service for which the client is not paying for; interfering with any service by Ddos attacking, mail bombing or anything else that would be detrimental to the services that Host Capacity provides;
attempting to probe or scan or test the vulnerability of any Host Capacity servers or its network.
A violation of any of the above may result in immediate account termination and reporting to the appropriate authorities.
13. Server Resources:
The use of programs that use up excessive CPU time or bandwidth (beyond allocated amounts) is not allowed on the Host Capacity servers and alternative arrangements will be required. The client will always be notified of such occurrences.
The disk space resources or program use (eg. remote access of scripts such as cgi) of the client is not to be resold by the client or used for purposes outside of their own account/web site.
Clients who exceed their allocated disk space or bandwidth resources will be notified of such occurrence and will be given adequate time to remedy the situation. Continued use in excess of the allocated resources will result in a suspension of the clients account and/or over used resources will be charged accordingly and/or the clients account may be terminated as per item 3 of this TOS.
The addon domain feature is not to be used for the purpose of providing reselling, hiring, lending or free hosting services. This feature is designed to be used to park additional domain names. You may be asked to purchase additional accounts or have your account terminated if found breaching this condition.
14. Domain Registration:
We make no representation that any domain name/s that are requested for registration are available and able to be registered by or for the client until such time that the client has received notice via a domain certificate issued to them stating that they are the registered owner of the domain name/s. Any actiont taken before such notification is done so at the clients risk.
The registration and use of the clients domain name is subject to the terms and conditions of use as listed by the relevant naming authority/registrar; the client shall ensure that they are aware of these terms and conditions and that they comply with them. The client shall have no right to bring any claim against us in for the refusal to register a domain name. Any administration charge paid by the client to us shall be non-refundable notwithstanding refusal by the naming authority/registrar to register the chosen domain name.
We shall have no liability in respect of the client's use of any domain name. Any dispute between the client and any other person must be resolved between the parties concerned in the dispute. If any such dispute does arise, we reserve the right to withhold, suspend or cancel the domain name at our discretion. We shall also be entitled to make representations to the relevant naming authority/registrar but will remain unobliged to take part in any dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
Payment must be recieved in full before any domain name is registered. ie. Invoices must be paid in full before the domain name will be registered.
15. Indemnification:
The Client agrees that they shall defend, indemnify, save and hold Host Capacity harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Host Capacity , its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it's agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Host Capacity against liabilities arising out of;
any injury to person or property caused by any products sold or otherwise distributed in connection with Host Capacity 's network;
any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement and any defective products sold to client from Host Capacity 's server. This means if Host Capacity is sued as a result of a client or a client of Host Capacity client activity, the client will pay for any and all damages and associated court costs and legal fees that Host Capacity incurs. For the purpose of this agreement all legal action shall be deemed to be in the jurisdiction of Queensland, Australia.
16. Disclaimer:
Host Capacity will not be responsible for any damages your business may suffer and makes no warranties of any kind, expressed or implied for services we provide.
Host Capacity disclaims any warranty or merchant-ability 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 Host Capacity and its employees. The Client acknowledges that the service that is provided can be interrupted for reasons other than the negligence of Host Capacity . The Client agrees that Host Capacity cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of Host Capacity . The Client also acknowledges that the absolute limit of any liability for anything for any reason to any client at all can never exceed an amount equivalent to the charges payable by the client to Host Capacity during the period in which damages are alleged to have occurred.
17. Changes to these Terms of Service:
Host Capacity will endeavour to notify each client via their contact email address provided to us, of any change or updates to this Terms of Service document. Any changes made to this TOS become applicable upon the updated document being posted on our web site. Continued use of our service after such a change constitutes an acceptance of the changes.
Host Capacity reserves the right to alter, edit, and/or update the policies contained in this document at any time for any reason without notice.
18. Agreement:
By taking an account with Host Capacity , you agree to these Terms of Service and Acceptable Use Policy and agree to act in accordance with the terms contained therein.
