Terms of Service – Policies
TheOZHost.com.au acts as a neutral provider of web hosting services to the global Internet. TheOZHost.com.au may suspend services provided to you or cancel your account if determined that you have violated TheOZHost.com.au policies. TheOZHost.com.au is required to enforce the Acceptable Use Policies of our upstream network providers.
LAWFUL PURPOSE
TheOZHost.com.au may refuse service to anyone. You may use TheOZHost.com.au 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. TheOZHost.com.au will make the decision as to whether materials violate its policies.
SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE
TheOZHost.com.au 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 TheOZHost.com.au customer, whether or not the attacked account or computer belongs to TheOZHost.com.au, 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.
TheOZHost.com.au may deny use of *.com and all third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.com and all third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within TheOZHost.com.au’s sole discretion.
ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
TheOZHost.com.au 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.
PAYMENT POLICIES
All major credit cards are accepted.
Initial Fees
Payment of the setup fee and first period’s charges are required for TheOZHost.com.au to activate your service.
Setup fees are non-refundable.
Fees for domain name setup, renewal, or transfer are non-refundable.
TheOZHost.com.au 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, TheOZHost.com.au will cancel your order. Please note that services will not be activated until payment is received.
Payment by cheque will only be allowed for payment periods 12 months. Service for cheque paying customers will only be activated after your cheque clears bank processing.
Monthly 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. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th of that month thereafter.
When paying by credit card, we will automatically charge your credit card on the first day of your billing cycle which may be every 12 months. Your account will be suspended if three attempts to charge the card are declined. TheOZHost.com.au will notify you by email if your account is suspended, so that you may provide us with another credit card.
CANCELLATION and Termination of Services by TheOZHost.com.au
TheOZHost.com.au reserves the right to cancel your service at any time.
If your account is canceled because you have violated TheOZHost.com.au usage policies, no refund will be paid.
Please read here as well TheOZHost.com.au Legals
CANCELLATION by client
You may cancel your service at anytime by sending an email to webhosting@TheOZHost.com.au
Please include the username, password, domain name and the email address you used to sign up for service so we can verify your identity.
When you cancel your account, you forfeit any unused portion of your service for which you have prepaid.
TheOZHost.com.au does not provide refunds for monthly services or yearly services ( after the first 7 days grace period) !
You will not receive a refund for time that your account resided on our servers, unless your cancellation is made within the first 7 days of the account sign-up.
After the initial first week of grace period no refund will be given !
Refunds will only be given for full, prepaid yearly services within the first 7 days of your subscription.
TheOZHost.com.au reserves the right to deduct $85 for administration costs of the total yearly charge.
If you are due a refund, TheOZHost.com.au will send a cheque or refund your credit card within 30 days of cancellation receipt.
Setup fees, when applicable, are nonrefundable. You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant – you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to nonpayment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed.
We apply a $50.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies as well as ISP/web host information services
You may also cancel your account using fax or regular mail.
Any accounts canceled must include:
· Account name
· The primary contact’s valid signature
· Reason for cancellation
· Last four digits of the credit card or cheque account number on file
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 TheOZHost.com.au.
Transferring your domain away from TheOZHost.com.au does not mean your account is automatically canceled You must notify TheOZHost.com.au to cancel your account, using one of the methods listed above.
PRICING POLICY
TheOZHost.com.au 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 TheOZHost.com.au under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.
TheOZHost.com.au may change package features and specifications at its discretion.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold TheOZHost.com.au harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TheOZHost.com.au, 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 TheOZHost.com.au against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TheOZHost.com.au’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 TheOZHost.com.au’s server.
DISCLAIMER
TheOZHost.com.au will not be responsible for any damages customers or their enterprises may suffer. TheOZHost.com.au makes no warranties of any kind, expressed or implied for services we provide. TheOZHost.com.au 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 TheOZHost.com.au and its employees. TheOZHost.com.au reserves the right to revise its policies at any time.
LIMITATION OF LIABILITY
In no event shall TheOZHost.com.au be liable to customer for any damages resulting from, or related to, any failure or delay of TheOZHost.com.au in providing access to the internet under this agreement. TheOZHost.com.au makes no warranties of any kind, expressed or implied for services we provide. TheOZHost.com.au disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall TheOZHost.com.au 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 TheOZHost.com.au has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in TheOZHost.com.au 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. TheOZHost.com.au’s liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to TheOZHost.com.au hereunder. TheOZHost.com.au 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 TheOZHost.com.au and its employees by its own negligence or customers errors or omissions. TheOZHost.com.au reserves the right to revise its policies at any time.