Terms & Conditions
CLAUSE 1: ACCEPTABLE USE POLICY
CLAUSE 3: YOUR LEGAL OBLIGATIONS / RESPONSIBILITIES
CLAUSE 4: OUR LEGAL OBLIGATIONS / RESPONSIBILITIES
CLAUSE 6: HELPDESK AND SUPPORT
CLAUSE 7: FEES & CHARGES (INCLUDING TERMINATION)
CLAUSE 8: BUSINESS REGISTRATION & CONTACT INFORMATION
CLAUSE 9: HIGH RESOURCE USER POLICY
CLAUSE 10: DEDICATED, VPS & SHARED HOSTING AGREEMENT
CLAUSE 11: CLOUD, CPANEL & SHOUTCAST HOSTING AGREEMENT
CLAUSE 12: CANCELLATION POLICY
CLAUSE 13: SERVICE LAYER AGREEMENT
CLAUSE 1: ACCEPTABLE USE POLICY
1. This Acceptable Use Policy (this "Policy") governs the usage of Aus Net Servers Australia (“ANSASERVERS B2318229M”) Data and hosting products and services (the "Services"). This Policy is incorporated by reference into each agreement Aus Net Servers Australia enters into with a client (the "Client") for the use of such Services. Aus Net Servers Australia may modify this Policy at any time without notice by posting it in Aus Net Servers Australia website http://www.ausnetservers.net.au
2. The purpose of this Policy is to enhance the quality of the Services and to protect the Aus Net Servers Australia Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Aus Net Servers Australia or any of our co-location centres (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services.
(3A). Prohibited Uses of the Aus Net Servers Australia network and its services, therefore users may not:
(3b) Utilise the Services to send unsolicited e-mail to third parties.
(3C) Utilise the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
(3D) Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
(3E) Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
(3F) Utilise the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
(3G) Utilise the Services to export encryption software to points outside the Australia in violation of applicable export control laws; or
(3H) Utilise the Services in any manner that violates applicable law.
(3I) Utilise the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
(3J) Utilise the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicises the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
(3K) Utilise the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
(3L) Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
(3M) Utilise the Services to cause denial of service attacks against Aus Net Servers Australia or other network hosts or Internet users or to otherwise degrade or impair the operation of Aus Net Servers Australia and facilities or the Aus Net Servers Australia and facilities of other network hosts or Internet users;
(3N) Utilise the Services to subvert, or assist others in subverting, the security or integrity of any Aus Net Servers Australia systems, facilities or equipment;
(3O) Utilise the Services to gain unauthorized access to the computer networks of Aus Net Servers Australia or any other person;
(3P) Utilise the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
(3Q) Utilise the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
(3R) Utilise the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
(3S) Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
(3T) Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(3U) Utilise the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(3V) Utilise the Services in any manner that might subject Aus Net Servers Australia to unfavorable regulatory action, subject Aus Net Servers Australia to any liability for any reason, or adversely affect Aus Net Servers Australia public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Aus Net Servers Australia in its sole discretion; or
(3W) Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons or clients.
4. You as the consumer agree that you will use the service as it’s intended and as it was delivered to you by Aus Net Servers Australia.
5. If a client / user of any of a Aus Net Servers Australia service is found to be in breach of our terms of service a temporary IP Ban may be placed against the user / client for a period no longer than 72 Hours. Once the ban has been lifted and the user continues to demonstrate illegal and inappropriate behavior a further permanent ban may be placed by Aus Net Servers Australia if it sees the need against the above named client / user. If the user /client is found to have changed their ip address or use some sort of vpn / proxy tunnel in order to bypass the ban then the records will be updated with the new ip address and the process will be restarted
6. By using any service or services offered by Aus Net Servers Australia you agree that you will not use any service or services for illegal purposes. Such purposes may be encouraging any sort of illegal attack against any one person or against Aus Net Servers Australia. This includes but is not limiting threats and death threats.
7. Aus Net Servers Australia is required by law to keep up to date and correct personal information on your account for account and legal purposes. It is your legal responsibility to update your details and make sure they are correct. Failing to keep up to date information may result in service suspension and or termination after 7 days. Accounts with un-verifiable information may be terminated without notice. This included service(s) that are linked to that account.
8. Aus Net Servers Australia will under no circumstances share your personal details by any 3rd party individual or company, accept where applicable we are required to by law and or as a part of our debt recovery program.
CLAUSE 3: YOUR LEGAL OBLIGATIONS / RESPONSIBILITIES
9. Aus Net Servers Australia agrees to furnish services to the consumer subject to the terms and conditions set out on this page.
10. Use of the Aus Net Servers Australia network and or its services constitutes acceptance and agreement of the terms and conditions.
11. You “the consumer” will be responsible for all legal costs and or court fees that Aus Net Servers Australia incurs if we are unable to collect a debt from you within 7-14 days of the invoice date and as a result forward the invoice and altogether relevant information to our debt collection agent / agency.
12. Aus Net Servers Australia reserves the right to modify these terms of services without notice at any time. You agree by using or network and or services that you agree to the terms of service and continue acceptance and agreement of the terms of services throughout the time your service is hosted with us, even if the terms of service change.
13. You as the client are solely responsible for the content stored and used within your account and or services which is serviced to the general public.
14. Aus Net Servers Australia may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable behavior, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other scanning tools that cause harm to others; child pornography; email spam/bombing/opt-in; fraud activity / Credit card trading; harassment; making copy of unauthorized software; distribution of viruses.
15. Aus Net Servers Australia may temporarily deny service or terminate your service upon the failure of the customer to pay charges when due or for breach of these Terms of Service. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
16. Aus Net Servers Australia customers agree to indemnify and hold harmless Aus Net Servers Australia from and against all costs, expenses, loss or liability that Aus Net Servers Australia may suffer (directly or indirectly) from the customers breach of these terms; the customers use or misuse of the service; the use or misuse of the service by any person using the customer’s account; and, publication of defamatory, offensive or otherwise unlawful material on any web site forming part of the customers service.
17. Aus Net Servers Australia is committed to complying with copyright laws, such as DMCA and other applicable laws, and requires all of its users / clients to comply with these laws. As part of our response, we may remove or disable access to material residing on a site or other product that is controlled or operated by Aus Net Servers Australia that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
18. Any user or client must not and warrants that it will not resell, re-distribute or remarket any of Aus Net Servers Australia’s products without first being a registered reseller or affiliate of Aus Net Servers Australia and further warrants not to infringe any of Aus Net Servers Australia’s intellectual property rights.
CLAUSE 4: OUR LEGAL OBLIGATIONS / RESPONSIBILITIES
19. Aus Net Servers Australia makes no warranties of any kind, expressed or implied for services we provide and disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Aus Net Servers and its employees. Aus Net Servers service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Aus Net Servers Australia expressly disclaims any representation or warranty that the or any Aus Net Servers Australia service will be error-free, secure or uninterrupted. Aus Net Servers Australia reserves the right to revise its policies at any time without prior notification.
20. Where the customer is a consumer, Aus Net Servers Australia only accepts liability where: the service is not supplied with due care and skill; any material supplied in connection with the service is not reasonably fit for the purpose for which it was supplied; and Aus Net Servers Australia are otherwise required to do so by law. To the extent that the service is not of a kind ordinarily acquired for personal, domestic or household use Aus Net Servers Australia’s liability is limited to, at its option, to the resupply of the services again; or payment of the cost of having the services supplied again.
21. Except as expressly provided to the contrary in this agreement, Aus Net Servers Australia exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
22. Aus Net Servers Australia will use its commercially reasonable efforts to provide services at all times. Customer 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 Aus Net Servers Australia’s control or which are not reasonably foreseeable by Aus Net Servers Australia, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion and or other failures.
23. Aus Net Servers Australia reserves the right to cease performing services and rescind any contracts upon giving 7 days written notice at its absolute discretion if it ceases carrying on business, is unable to pay its creditors or debtors generally as they become due, becomes bankrupt, winds up to prevent bankruptcy and any similar insolvency or force majeure events.
24(a). Without limiting any other clause, Aus Net Servers Australia has the right to make sure that every staff member and / or client is free to use the ANSA Central Network. If a particular individual(s) is abusive or threatening or engages in unacceptable behavior, the owners of the service will be notified. If a resolution is not reached within 24 hours the customer/user(s) will be banned from using or accessing the ANSA Service(s)
24(b). Where necessary Aus Net Servers Australia will for continuity of Services endeavour to source power from different sources including solar panels, AC Power, Generator, etc. All power is fed through Aus Net Servers Australia's national inverter systems to make sure that your server is fed constant regulated current. All servers are protected by 1350Watt UPS that at full load are designed to run for at least 30 - 60 minutes if Services are disrupted through lack of power.
25. Aus Net Servers Australia offers many different payment methods and gateways for our clients to use to pay for their services. Your service will be terminated if the payment is declined, charged back or disputed and you will be charged the early termination fee (where applicable) and the network termination fee (where applicable) as set out below.
26. Opening Pay-Pal disputes without first contacting the relevant support department will be classed as an early termination and will result in your service being terminated without warning or notice.
27. If you setup Paypal / Direct Debit subscriptions make sure that when you terminate the service you also terminate the subscription as we do not offer refunds as mentioned above. The credit will remain on the account for use on future services.
28. All prices are inclusive of GST for Australian Clients / Businesses Only.
29. All account terms are 7 days from the date of invoice. All invoices are generated 7 days in advance prior to the service renewal.
CLAUSE 6: HELPDESK AND SUPPORT
30. You as the consumer agree by having services hosted with Aus Net Servers Australia that you will submit support tickets through your account accessed by https://crm.ausnetservers.net.au or via Telephone support on 1300 933 038.
31. All service modifications must be lodged through our online system or via Telephone Support. Please note that all other forms and service modifications will be ignored for privacy and security purposes.
32. Without limiting or excluding any other clause you as the client agree not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse very seriously.
32. Aus Net Servers Australia provides 24 x 7 technical support to our customers via our Support Ticket system. The customer must complete a Support Ticket on Aus Net Servers Australia website or ring our call centre during business hours before technical support can be provided.
33. Premium Support can be purchased for any product or service that you have with Aus Net Servers Australia, Fees are charged on an “as is” basis along with the service call out fee. For more information regarding this please contact our customer care centre.
CLAUSE 7: FEES & CHARGES (INCLUDING TERMINATION)
34. All late fees are charged at a flat fee of $33.00 AUD which is non-refundable and inclusive of GST ( Government Service Tax) which is billed within 24 hours of the service invoice being overdue.
35. Please note that interest may be charged on overdue accounts that are more than 14 days old.. Interest is charged at 20% per annum until such time as the invoice is paid in full, payment arrangements are made or the account is on sold to a debt collector or debt recovery agency.
36. For services terminated by you “the client” without giving the required 30 day’s notice to terminate. The services included under this clause are all services that are not automated which include but do not limit Dedicated Servers, Virtual Dedicated Servers, Virtual Private Servers, Cloud Servers and DNS Hosting. The early termination fee structure is as follows:
36 (A). Services hosted with Aus Net Servers Australia for less than 6 months will attract the full early termination fee of $199.95 plus the network port termination fee of 59.95
36 (B). Services hosted with Aus Net Servers Australia for more then 6 months will attract a lesser amount of $109.95 plus the network port termination fee of $59.95
37. Administration Fees are charged at $33.00 (including GST if applicable) per hour or per instance ( whichever comes first ) where a staff member(s) have to work with a 3rd party agent or distributor which includes debt collectors in any matters regarding or relating to your account.
38. All simply hosting products including but not limiting cPanel Web Hosting, DNS Server Hosting, Dedicated Servers, Virtual Private Servers and our electronic services are non-refundable.
39. With all services that are cancelled or terminated before the billing cycle date you “the client” will forfeit any amount paid for the service(s) that is canceled or terminated and all credit will remain on the account.
40. Credit cannot be withdrawn from your account at any point in time. All credit that is on the account will stay on the account until used by a fee or service.
41. A network termination fee of $59.95 AUD (including GST if applicable) applies to all services that are terminated due to TOS Violations.
42. Clients are urged not to open Pay-Pal disputes against Aus Net Servers Australia without first contacting the relevant department to try and sort the issue out internally. Failing to do so will result in instant service suspension until the matter is resolved with an administration fee of $33.00 been added to your account. This must be paid before the service can and or will be reconnected.
CLAUSE 8: BUSINESS REGISTRATION & CONTACT INFORMATION
43. Matthew Matters is the managing director and chief executive officer of Aus Net Servers Australia and can be contacted at mmatters[at]ausnetservers[dot]net[dot]au or +61 3 5310 5950
44. Aus Net Servers Australia is an Australian business registered to trade in the state of Victoria.
Aus Net Servers Australia’s ARBN: B2318229M
Aus Net Servers Australia’s ABN: 16 998 627 076
CLAUSE 9: HIGH RESOURCE USER POLICY
45. Resources are defined as bandwidth supply to a server or servers housed within the Aus Net Servers datacentre complex or within our co-location centres located throughout Australia and around the world.
46. When a server is found to be excessively using the resources available, Aus Net Servers Australia reserves the right at its sole discretion to disconnect that server immediately to avoid slowing down other servers on our network. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and our network. Where appropriate account holders may be offered an option whereby Aus Net Servers Australia reactivate the server with additional resources for an additional fee.
47. While reasonable efforts will be made to limit inbound attacks on all our services, Aus Net Servers Australia will not be obliged to prevent, limit or stop such attacks and the account holder shall be responsible for all bandwidth used whether or not used or contributed to or by a server attack.
48. While reasonable efforts are be made to block all outbound attacks to other external servers or networks, Aus Net Servers Australia are obliged to disconnect any service that may be participating in illegal activities if we receive documented proof that your service(s) have been committing such an attack on an external resource that matches the data packets on your port.
CLAUSE 10: DEDICATED, VPS & SHARED HOSTING AGREEMENT
49. Aus Net Servers Australia has the right to suspend any Dedicated, VPS & Shared hosting service between the hours of 12:00 PM (midday) and 24:00 AM (Midnight) if full payment for the services invoiced have not been received.
50. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any IP addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination.
51. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any I{ addresses for illegal purpose will result in service suspension / termination without any notice or refunds.
CLAUSE 11: CLOUD, CPANEL & SHOUTCAST HOSTING AGREEMENT
52. Aus Net Servers Australia has the right to suspend any Cloud Hosting Service, cPanel or Shoutcast Server Service between the hours of 12:00 PM (midday) and 24:00 AM (Midnight) if full payment for the services invoiced have not been received.
53. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any ip addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination.
54. IP Addresses that are ordered and not used on your services or that are removed from your services may be confiscated and returned to the address pool.
CLAUSE 12: CANCELLATION POLICY
55. Client / Consumers must give a minimum of 30 Day’s notice to terminate any services with Aus Net Servers Australia and this notice must be made in writing in the clients account or via telephone support from the authorized account representative and all invoices must be paid up until and including the 30th day before cancelation of service notice will conclude. Failing to do so will result in early termination fees and network termination fees been applied to your account.
CLAUSE 13: SERVICE LAYER AGREEMENT
56. This agreement sets out the minimum level of service that Aus Net Servers Australia is required to meet and the corresponding penalties and compensation to customers for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.
57. The guaranteed up-time for network services is 99.95% each month unless otherwise stated without excluding any other clauses.
58. All support requests will be handled as soon as possible. Target time to action all support requests is within 30 minutes. Requests for software upgrades and or installation of new software packages will be processed as soon as possible. Target time to complete such requests is within 2 workings days of receipt.
59. The Aus Net Servers Australia Network services are continuously monitored to ensure rapid response to any faults which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff via email, Alarm base stations and paging services 24 hours, 7 days.
60. The service level guarantee (based on up-time) will be measured by Aus Net Servers Australia and its determination is final. If Aus Net Servers Australia determines that primary services were unavailable (excluding scheduled outages and those cause by customers or third parties) for period exceeding the maximum allowable under the prescribed up-time guarantee, and extending for a continuous duration of 40 hour or more per instance, upon the customer’s request, Aus Net Servers Australia will ( it its own discursions ) credit the customer’s monthly invoice the pro-rated charges of one (1) day of the service(s) in question for each consecutive hour of applicable downtime, up to a maximum of 30 days per month. To receive this credit, the customer must contact Aus Net Servers Australia requesting the credit within 30 days of the end of the month for which credit is requested.
62. From time to time upgrades to hardware and or software may be required, where possible such upgrades will be performed outside of business hours more importantly between 12AM and 6AM or where we see that the network is at the lowest capacity. Customers will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year. Under normal conditions customers will be advised via email and or telephone no less than 24 hours in advance of any scheduled outage. Where practical, consideration will be given to customers input as to preferred times for scheduled outages to take place.
63. If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
64. This Terms of service was last updated on January 24th 2012. Please note that as mentioned above, this terms of service can and will change with out notice.