Terms of Service
Terms of Service and Acceptable Use Policy
Last Updated: 07 November 2006
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 48
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 up to $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
support@wscsupport.com
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).
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.