Infotech Hosting - superior web hosting

This is a legal agreement between You and Infotech Hosting. This agreement relates to any Power Reseller Account that you may have with Us, and does not relate to, or alter the Terms and Conditions applying to Our standard retail accounts, or other reseller accounts.

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 requesting a Power Reseller Account, You must read this Agreement and accept its terms and conditions.

"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You, the Client or another person.

"Domain parking" means one or more domain names pointing to Your website, or any part of it.

"Infotech Hosting", "We", "Our" and "Us" means Infotech Hosting (BN7137229), a trading business of Starcorp Technologies Pty Ltd (ACN 091 200 976).

"Normal reseller"·means Our standard Reseller Discount Program, whereby resellers purchase and resell entire hosting accounts.

"Order" ·means a request, automated or otherwise, for us to commence supply of the Service, make modifications to the Service or cancel supply of the Service.

"Servers" means all Servers owned or operated by Infotech Hosting, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Infotech Hosting providing the Service.

"Service" means the hosting of Your website, Client websites and related services on Servers operated by Infotech Hosting, including access to Your website by You or any other person.

"User" ·means any person authorised by Infotech Hosting, whether directly or indirectly, to access our Servers. This includes, but is not limited to, Reseller, Client, and authorised representatives of the Reseller or Client.

"Website" includes all aspects of the Service (website, mail facilities, FTP access etc).

"You", "Your" and "Reseller"·means a person authorised by Infotech Hosting to resell the service under this agreement.

We reserve the right to terminate any (or all) of Your orders where we believe that You have breached this Agreement, or your order will jeopardize server integrity, reliability, or otherwise negatively affect performance or security.

All orders are subject to Our approval. While Your order may be processed in real time, We reserve the right to modify or cancel your order at any time.

You must take all possible steps to verify the true identity of Your Client and promptly supply Us with this information at Our request. We will not contact your Client but may require this information for security reasons.

You must contact us before attempting to submit an Order or otherwise provide Service to a Client that you know, or should reasonably know, has had their Website terminated by a previous provider due to breach of the providers Terms and Conditions.

You must not attempt to submit an Order, or otherwise provide Service to a Client that You know, or should reasonably know, has :

You will be responsible for the conduct of Users on Our Servers and any actions relating to websites hosted on Our Servers.

access the websites of other Resellers or Clients, other than in the course of ordinary, legal, business or consumer access;
hinder the operation of our Servers in any way;
attempt to access or list any files and/or directories that are not their own;
obtain, or attempt to obtain, any system information unless it is required to complete ordinary website management tasks.

Users must keep confidential, all passwords created or used in relation to the Service.

make any password created or used in connection with the Service, available to the public or to groups of people;
allow the public or any other groups of people to access any accounts, other than as agreed by Infotech Hosting.

Users 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, 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 the Users site contains any unacceptable content, or a link to any unacceptable content, we may cancel the User? Service immediately, and without notice.

If a third party complains to us that a Users 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 the Users site, or we may remove such content ourselves without notice.

Users must not use their website to mirror any material on any other website without the written permission of Infotech Hosting. We have sole discretion to determine whether to grant permission to mirror another website.

User may submit Users site details to search engines, directories and other sites subject to the following restrictions:

User must not submit the URL (web address) of any Free-For-All Link Page (or similar page or script) to automatic Free-For-All Link Page submission engines. If such an engine lists Users script or page and commences submissions to Users script or page, User must remove the script or page from Users site immediately.
When providing Users site details to third parties User must specify the location of Users site using Users domain name, and not Users site's IP address. For example,
User may tell third parties that the location of Users site is www.user.com, or User.com, but must not specify the location of Users site using an IP-based format like: 1.2.3.4/user/ where 1.2.3.4 is Users site's IP address.

User must not use any software or service to point additional domain names at Users website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/).

If User requires additional domain names to be pointed at Users website, Reseller may point an additional domain name using facilities provided by Us, subject to limitations set by Us.

Your Power Reseller account has a free traffic allocation, varying according to account type. You must reallocate an amount of traffic from your Power Reseller allowance to Client websites when ordered. You may not allocate a traffic allowance greater than 10Gb to any individual account.

You may request that we increase the free traffic allocation for Your Power Reseller account. A monthly fee will apply. You acknowledge that we will not increase Your allocation for the current month, and the increase will apply for the following months.

You must exercise care when reallocating a traffic allowance. Traffic in excess of allocation is charged at the rate of AU$5.50 per 100Mb. You will incur excess traffic charges at this rate for each website exceeding traffic allocation, despite any surplus traffic available on other websites or unallocated traffic on your main reseller account. If You do not allocate a traffic allowance, the accounts entire traffic level will be billed at excess traffic rates.

You acknowledge and agree that We have the sole right to determine when and where excess traffic charges apply. You and Your Clients have access to detailed information regarding traffic usage. You acknowledge that Infotech Hosting 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.

You may reallocate disk space to third parties using the facilities provided by Us for this purpose.

Clients disk space is for Clients use only. Clients may not resell or give away disk space to any third party without written permission from Us. Clients must not place "demonstration" versions of third party web pages on their website without written permission from Us. That is, third party web pages must not be housed within a Clients site regardless of the reason, unless You have written permission from Us.

We reserve the right to decide whether any pages on Clients site are in fact hosted for third parties.

Users may not consume disk space with copies of web pages that are substantially the same. For example, Users cannot automatically generate multiple copies of a single page and place all the copies on Users website.

Users may not have more than 5,000 files on their website without Our written permission.

Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Users web site must be less than 15 MB in size. Clients website must contain no more than 15 "large" files. A "large" file is one that is greater than one megabyte in size.

The combined total size of Users 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:

Charge You for the amount of disk space used in excess of;
Insist that the database size be reduced to less than 50 MB within 24 hours;
Decline to host the database and remove it from Our servers. Wherever feasible at least 24 hours notice will be provided before the database is removed.

Infotech Hosting may scan some incoming and outgoing messages for viruses. We do not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Infotech Hosting 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.

We provideYou with the facility to backup Your website, and to offer this backup facility to Clients. This facility allows You and your Clients to download a backup file of the website. This facility also allows You and your Clients to upload a backup file of your website to Our Servers, and have the website restored.

We strongly encourage Users to backup the website after making any modifications.

We provide regular statistical reports about traffic to Users website. We will remove historic data from these reports as We see fit. If Your Client wants to keep a full history of the traffic to the Users site Your Client will need to save an offline copy of the reports at least once every month.

All mailboxes are limited to 20 MB in size. User must set Users mail software to delete each message from the server within three days of downloading it.

We may remove without notice any messages that have been in a Users mailbox for more than 120 days.

If a User sets their mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes.

We reserve 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 5 MB but may be changed by us from time to time at Our sole discretion.

If a User operates at least one email-based mailing list via the Service, the total number of subscribers to all of the Users mailing lists must not exceed 1,000. The total number of messages sent and received via the Users 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.

Users must not provide mail services to 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 sites visitors (or other third parties).

User must not send unsolicited email messages from Our servers, or relay unsolicited email messages through Our servers.

User must not use an email address or domain name that is hosted directly or indirectly by Us to send unsolicited email messages.

User must not use Our Servers, directly or indirectly, to advertise Users website in any unsolicited email, or an unsolicited newsgroup placement.

If we determine, at our sole discretion, that a User is, or has been, in breach of this clause we may immediately terminate the service without notice.

If User installs and runs a resource-intensive program on our Servers we may, at our sole discretion:

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 by Us on at Your request. 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 tend to monopolise system resources and for that reason User must not install chat rooms or IRC-related software on Our Servers.

You will be responsible for handling the domain registration and domain transfer (redelegation) for Clients. At Your request, We will provide You with support or transfer the first 2 domain names for Your account. You will be required to pay any registration or redelegation fees to Your registrar and obtain domain management details from them.

If You require support from Us to register or transfer/redelegate a domain name, we will charge You a fee.

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.

We will provide you with technical support to set up Your first 2 websites to assist You to get familiar with Our reseller tools. This support does not include assistance with site content. If you require technical support for additional websites beyond your first 2, we will charge a fee.

We will provide You with access to automated facilities, and supply You with relevant documentation to enable You to use the Service and provide the Service to Your Clients. If You contact Us for Technical Support, and do not make use of the facilities and documentation, We will charge You a fee (Set Up Assistance Fee).

Once you have been charged a Set Up Assistance Fee for a particular domain name, you will not incur further Set Up Assistance Fees for support relating to the same domain name. Please note that we may impose additional and different support fees, even though a Set Up Assistance Fee has been charged.

You agree to correspond with us via email. If We need 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.

Our billing cycle is monthly 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 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 account. At Your request, we will refund 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.

While We require prepayment, in certain instances We may decide to provide You with services and permit payment at a future date. Where this occurs, payment is required as and when specified by Us. If payment is not made as required, We may commence actions to recover these debts, and You may be liable to pay additional fees related to Our recovery actions. Such fees may include interest charges as well as other fees reasonably related to Our recovery.

A late payment fee of AUD11.00 will apply to reseller program payments received later than one week past the invoiced due date. In addition, interest at the rate of 0.045% per week will apply on the outstanding amount, until fully settled. We have sole discretion to determine when these fees apply. Failure by Us to apply late payment fees in one instance shall not be considered a waiver of Our rights to apply these fees in future instances.

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.

We may, at our sole discretion, deactivate a Users website and revoke access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if a Users site is deactivated then we have no obligation to provide You with a copy of the Users site content, or to restore the Users server access to enable the User to obtain a copy of the site content.

You may cancel the Agreement at any time by providing us with written authorisation to close Your account (the Service). You are required to notify us via email if You require the Service to be cancelled. Hosting fees will continue to apply until cancellation is confirmed by Us.

We reserve the right to cancel the Service for any reason, and at Our sole discretion. If You or a User breaches any of the terms and conditions in this Agreement we may deactivate and/or remove the website from Our Servers immediately and without notice.

You acknowledge that we do not keep copies of files for web sites that are no longer hosted with us, and that we have the right to remove all website files at the time the Service is cancelled or discontinued.

We do not warrant that the Service will be continuous and/or fault free. We will exercise due care and skill in providing the Service. We are not responsible for any loss, damage, injury or otherwise detriment resulting from Our provision of the service or the operation of the agreement.

You indemnify Infotech Hosting, its holding company and subsidiaries, directors, contractors, employees and associates in relation to any Claim as a result of:

The Service;
Misuse of the Servers by a User or any other person;
Your breach of the Agreement;
A Client or Users breach of the Agreement;
Loss of data;
Unavailability of a Users website to any person; or
Service interruptions.

If a term is implied into the Agreement by the Trade Practices Act 1974, Our liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again, at our discretion.

We reserve the right to modify or discontinue the Service (or any part thereof) as We see fit, with or without notice. You agree that We will not be liable to You or any other party for such modifications to the Service.

We reserve 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 Our website.

User 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. User further agrees not to reverse engineer or create derivative works based on the Service, or copy the Service in any way.

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.

You warrant that You are 18 years of age or older and have the capacity to enter into a legally enforceable agreement. If applying and/or utilising the Service on behalf of any business, You warrant that You have legal authority to do so.

Headings used in these conditions are for convenience and ease of reference only, and shall not be relevant to, or affect the meaning or interpretation of the agreement. .

You irrevocably submit to the exclusive jurisdiction of the courts of Queensland Australia and the applicable laws of that state.

If any provision of this agreement is held to be invalid or unenforceable in whole or in part, the invalidity or unenforceability of such a provision will not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect.

This document constitutes the entire agreement between You and Infotech Hosting for the Service, and supersedes all prior agreements, understandings and representations both oral and written.