Terms of Service
Terms of Service and Acceptable Use Policy
Last Updated: 10 January 2011
All services provided by Web Smart Central Pty Ltd are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of
any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Web Smart Central Pty Ltd, from any claims resulting
from the subscriber’s use of Web Smart Central Pty Ltd services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Web Smart Central Pty Ltd server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Web Smart Central Pty Ltd servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Web Smart Central Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provides chat functions that run as background processes are not allowed.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising – Email – Spamming, i.e. the sending of unsolicited email, from any Web Smart Central Pty Ltd server or any server located on the Web Smart Central Pty Ltd network is STRICTLY prohibited. Web Smart Central Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Web Smart Central Pty Ltd. In addition to termination of any account found to be in violation there will also be a $100
penalty fine applied for every valid spam complaint processed by Web Smart Central Pty Ltd staff.
ShoutCast Servers – We do not allow Shoutcast Servers on shared, or reseller packages.
Background Running Programs – We do not allow any kind of background running programs or processes on shared or reseller packages.
PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse – Any attempts to undermine or cause harm to a Web Smart Central Pty Ltd server or subscriber of Web Smart Central Pty Ltd is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a
computer’s functionality or the operation of the System - Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Web Smart Central Pty Ltd must adhere to the above policies.
Scheduled Maintenance and Downtime
Web Smart Central Pty Ltd will use its commercially reasonable efforts to provide services at all times. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Web Smart Central Pty Ltd control or which are not reasonably foreseeable by Web Smart Central Pty Ltd, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Web Smart Central Pty Ltd will provide at least 24 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Web Smart Central Pty Ltd has no responsibility for downtime resulting from a user’s actions.
Refunds
There are no refunds, with the exception of the initial 30-day money-back guarantee (shared, or reseller).
Notice of intent to cancel account must be given prior to the commencement of the month in question, and at least ten days prior to the billing date.
Accounts terminated due to a violation of these Terms of Service are not eligble for refunds.
Limitations on Use
Any shared hosting account using 10% or more of the server CPU or memory can be suspended and/or terminated. Any other account type using excessive server CPU or memory, the definition of which is at Web Smart Central Pty Ltd sole discretion, can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes on shared/reseller packages can result in immediate termination of the account. Web Smart Central Pty Ltd maintains the right to cancel accounts at its discretion. Any processes which potentially breach security or may otherwise disrupt network services can be terminated, and the
associated account suspended, at Web Smart Central Pty Ltd sole discretion, and without limiting the applicability of any other of these Terms of Service.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. There will be a prorated billing amount up-to the 15th of the month. Billing dates are on the first of every month with payments due on the 15th of the month.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 3 days of the invoice due date. If your account has been disabled, you may be charged a reconnection fee of $20 in order to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 15 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment
information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Termination of account in a given month requires at least ten days notice prior to that month’s billing date, otherwise account termination and billing termination will not take effect until the subsequent month’s billing date.
Any notifications that you wish to discontinue service with us must be delivered via e-mail to our support area.
Domain Name Transfers: Web Smart Central Pty Ltd shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Courtesy Services for Customers
All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Web Smart Central Pty Ltd is not responsible for lost data or for lost data due to third party software that is not maintained by Web Smart Central Pty Ltd programming staff.
Associations with other Entities
Nothing in this web site shall be construed to imply any affiliation between Web Smart Central Pty Ltd and any other company, with the exceptions of those entities stated to be Partners with Web Smart Central Pty Ltd (and therein to the extent specifically stated), and entities who are subjects of Testimonials (who were clients of Web Smart Central Pty Ltd at the time of those testimonials initial publication).
Hacked or Compromised Accounts
Web Smart Central Pty Ltd servers undergo daily scanning for any known infections of hacking and spamming within user accounts. Once a breach has been identified, the offending files will be quarantined (removed) from the users account. The account will have it’s password changed, and the account holder will be notified with further instructions as to the cause and remedy of the situation. The first detected breach will not incur any fees.
If Web Smart Central Pty Ltd is required to either restore a backup or any web development / reconstructive / software upgrade work required, it will be billed out at the standard hourly rate.
Future breaches after the first breach where no change to the software on the account has taken place will incur penalty fees. The extent of these penalty fees will be dependant on whether any damage has been caused to the server as a result of the account being compromised.
Limitation of Damages
Recovery of damages from Web Smart Central Pty Ltd may not exceed the amount of fees it has collected on the account.
General
Terms of Service are subject to change on seven (7) days written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber.
These Terms of Service are a legally binding contract between the subscriber and Web Smart Central Pty Ltd.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Web Smart Central Pty Ltd administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. Web Smart Central Pty Ltd maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Remedy
You agree that your sole and exclusive remedy to any issues relating to the Web Smart Central Pty Ltd Hosting Service is to discontinue using the Service.