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Web Hosting Terms of Service


This acceptable use policy applies to both personal and business web hosting services as provided by Intraplex.
We reserve the right to update this document periodically, please check regularly for changes.  Last Updated on 21/02/2014.


Terms of Service

All services provided by Intraplex may be used for lawful and legal purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or illegal content. The subscriber agrees to indemnify and hold harmless Intraplex from any claims resulting from the use of service which damages the subscriber or any other party.

Sites that promote any illegal activity or present content that may be damaging to Intraplex or any other users on the Internet and strictly prohibited. Links to such materials are also prohibited. If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacking programs, or any other illegal files or content, your account will be terminated immediately, without notice. Additionally, Intraplex will notify the proper authorities of your actions.

 

Payments and Fees

Service will be interrupted on accounts for non-payment. Service interrupted for non-payment may be subject to a reconnect fee at the discretion of Intraplex. Accounts not paid by due date may be subject to a late fee at the sole discretion of Intraplex. Domains that are not renewed by their due date may become unavailable or their ownership registered to a new individual.

 

Server Abuse

Any attempt to cause harm to a server or client of Intraplex is strictly prohibited. As our client you are responsible for all your accounts. Should you violate the Terms of Service outlined within or out acceptable use policy, your account will be cancelled without refund.

 

Security & Software

You acknowledge that the use of software such as WordPress, Joomlr, Concrete5 and other similar types of third party open source or proprietary software can represent potential risk, and as such requires you to play a part in maintaining your chosen software. Therefore, you agree to take steps to ensure you keep you or their chosen software updated to the latest release and security patches where applicable. You must also note that we are not responsible for the correct use, reliability or security of any of these types of third party software.

You agree to utilize and implement security measures as per advice from the developers/publishers of the third party software installed onto your hosting account/s on the server. You also agree that under no circumstances shall Intraplex be liable for any damages, loss or costs arising from or associated with the result of any third party or otherwise software you have chosen to install into a hosting account becoming compromised that may result in the destruction of data on the server whether this is the result of your or your chosen software becoming compromised or for any other reason. You explicitly agree not to hold Intraplex responsible or liable in any manner whatsoever for any damages, loss or costs arising from or associated with any type of data becoming deleted and/or unrecoverable due to any type of compromise irrespective of how the compromise occurred.

Account compromise by a third party or otherwise, including but not limited to: stolen passwords, phishing, redirections, meta-refresh scripts or defacement of an individual website is not the responsibility of Intraplex. Intraplex has the responsibility to notify the customer utilising the information provided by clients and suspend the account at the earliest convenience, at the sole discretion of Intraplex. Repeat offenders which have openly had an account compromised several times may be charged a service administration fee.


Refusal of Service

We reserve the right to suspend, refuse or cancel service, at our sole discretion.


Service Fees

Certain services carry a setup fee charged by Intraplex to client, which must be paid by client in order to have use of said services. If client terminates an agreement the client shall be responsible for any and all outstanding fees owed to Intraplex and agrees to pay any and all fees incurred by client. If the client provides notice of termination on the 12th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. Intraplex may temporarily deny service or terminate services upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts which are not paid in full within 7 days of their respective due date will be suspended. Fees may apply to have suspended accounts service restored. Accounts which are not paid in full within fourteen days of their respective due date will be removed from our server and deleted.


Cancellation Refunds

We do not refund partial monthly or yearly fees to accounts. All Web Hosting and Reseller Web Hosting account cancellations must be submitted 7 days before the next billing cycle. Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder.


Limitation of Liability

Intraplex shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Intraplex servers going off-line or being unavailable for any reason whatsoever. Furthermore, Intraplex shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Intraplex servers. All damages shall be limited to the immediate termination of service.


Disclaimer

Intraplex cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Intraplex are resold. Thus, certain equipment, routing, software and programming used by Intraplex are not directly owned or written by Intraplex. Moreover, Intraplex holds no responsibility for the use of our client's accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Intraplex sees fit.


File Hosting

You may not use your hosting account as a download or file storage repository. Our services are strictly offered for website hosting only. This does means that you can have downloads on your site but you cannot operate a site that specializes in downloads like download.com or similar and you may not use your Intraplex account as storage repository for MP3, games, video, audio or music files.

 

Backups and Data Loss

Your use of the Intraplex service is at your sole risk. Intraplex is not responsible for any and all files and data residing on your account on our servers. Intraplex cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any Intraplex server to which you have an account on. In the case that an account backup is required to be restored from a server backup performed by Intraplex a $50.00 fee will incur.


Cancelled Accounts Termination of Data

For your privacy, all data and files from terminated and cancelled accounts are deleted and removed from our servers. This includes any backups. Please make sure to back up all your files and data offline before cancelling your account.


Indemnification

Intraplex wishes to emphasize that in agreeing to the Intraplex Acceptable Use Policy and Terms of Service, the client indemnifies Intraplex for any violation of these policies that results in loss to Intraplex or the bringing of any claim against Intraplex by any third-party. This means that if Intraplex is sued or legal action is taken against Intraplex because of a client's activity, the client will pay any damages awarded against Intraplex, plus all costs and attorney's fees.

 

Client Content

You, as Intraplex's client, are solely responsible for the content stored on and served by Intraplex's server. You acknowledges that web site construction and management is client's responsibility. Intraplex is not responsible for web site management or files lost or damaged by client.


Acceptance and Acknowledgement of Above Policies

By using Intraplex web hosting and related services, you agree to the above policies and disclaimer. You are required to accept these policies, guidelines and disclaimer in order to use our services. If you do not agree, please notify us immediately or cancel your account.

If you sign up for an account and fail to comply with this terms of service or our acceptable use policy, no refunds will be given. We will, however at our discursion attempt to advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the issue.