Terms of ServiceRevision date: Wednesday, 15 December 2008
All services provided by Web3k ("Web3k") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal or state law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web3k from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Web3k's servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, WEB3K WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. Accounts that exceed it's traffic allowance will be suspended until the next service billing date.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of Web3k is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Web3k must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Web3k shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Web3k by no later than the specified payment due date. Web3k shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by Web3k to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Web3k and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th 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.
A refund will be issued to a client for any unused portion of their current billing cycle for web hosting products only where the term is greater than three (3) months. Domain name registrations and SSL certificates are non-refundable purchases.
Refunds may take up to twenty (20) business days to process and We DO NOT refund partial monthly fees to accounts. We require 30 days, or one months notice for a cancellation, which ever is greater.
If client has retained the services for one year and has pre-paid Web3k for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining.
Any account deactivated due to non-payment may require a reactivation fee of $10.00 prior to reactivation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
A notice period of thirty (30) days will be given to customers under the following scenarios:
- Changes to Terms of Service.
- Changes to Service Level Agreements (SLAs).
- Changes to pricing or plans.
- Changes to service offerings.
Customers can agree to opt-out of their services if they do not agree with the changes within the specified scenarios above. If a customer fails to opt out during the thirty (30) day notice period, Web3k will accept this as customer consent to the changes. Customers can only opt out of their services based on the changes to the above scenarios, and not based on previous terms, pricing or plans that were not changed if they were agreed to upon signing up.
Limitation of Liability
Web3k shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web3k's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web3k 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 Web3k's servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to Web3k. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Web3k 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 Web3k are resold. Thus, certain equipment, routing, software and programming used by Web3k are not directly owned or written by Web3k. Moreover, Web3k holds no responsibility for the use of our clients' 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 Web3k sees fit.
By activating your account with Web3k, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Web3k aims to provide a 95% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Web3k reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
While all care is taken to preserve customer data, websites and email, it is the customers responsibility to maintain appropriate back-ups of all material stored on Web3k's servers, equipment and network.
Acceptable Use PolicyRevision date: Wednesday, 15 October 2008
As a provider of web site hosting and other Internet-related services, Web3k offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Web3k respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Web3k reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Web3k has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Web3k's services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Web3k cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Web3k cannot monitor or censor the Internet, and will not attempt to do so, Web3k cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Web3k does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Web3k's network and may reach a large number of people, including both subscribers and non-subscribers of Web3k, subscribers' postings to the Internet may affect other subscribers and may affect Web3k's goodwill, business, reputation or operations. For these reasons, subscribers violate Web3k policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Web3k, but also because it can overload Web3k's network and disrupt service to Web3k's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Web3k will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Web3k reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Web3k choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Web3k does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Web3k does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Web3k is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please contact us.
Obscene Speech or Materials:
Using Web3k's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Web3k is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Web3k's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Web3k reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Web3k determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Web3k will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Web3k's policy or applicable law. However, when Web3k becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Web3k.
Web3k is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Web3k's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Web3k does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Web3k reserves the right to directly take action against a customer of its subscribers. Also, Web3k may take action against the Web3k's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Web3k anticipates that subscribers who offer Internet services will cooperate with Web3k in any corrective or preventive action that Web3k deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Web3k policy.
Web3k will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Web3k may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Web3k may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Web3k assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Web3k may disclose subscriber information or information transmitted over its network where necessary to protect Web3k and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Web3k will never sell information to other services or outside companies.
Web3k expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Web3k policy. Finally, Web3k wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Web3k for any violation of the Service Agreement, law or Web3k policy resulting in loss to Web3k or the bringing of any claim against Web3k by any third party. This means that, if Web3k is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Web3k, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Web3k and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should contact us.