Terms of Service
/ Acceptable Usage Policy / Legal
Please note: Each service we offer has its own legal
contract and/or terms of condition. Please request contract
papers in order to view our legal statements for each
service.
Terms and Conditions
These are the standard terms and conditions which apply
to all websites hosted with SurrenderOnline. For the
most part they should not have any effect on the way
you use our services, the conditions outlined in this
document are not intended to be more restrictrive than
most other commercial hosting services available in the
Australian Market.
They are provided to protect both ourselves, you and
other clients using our services from having your level
of service being down graded by the actions of others.
If you have any problems with any of the conditions or
terms please feel free to contact us as we are willing
to discus and resolve any problems you may have.
This agreement governs the terms of use by the Client
of all Services provided by SurrenderOnline.
By accepting these terms and conditions the client recognises
that they are also accepting to act within the bounds
of the Acceptable Usage Policy below.
The Client agrees to use Services according to the following
terms and conditions:
1. The client agrees to use the services according to
the account selected or as specifically stated on their
invoice. In the case of developers or where a single
client holds multiple accounts these terms and conditions
will be taken as binding to all existing and subsequent
accounts once the client has provided acceptance of these
terms and conditions.
2. Billing. All Virtual Hosting accounts are to be paid
on an annual basis in advance unless stated otherwise.
All dedicated server and co-location accounts are to
be paid on a monthly basis in advance unless stated otherwise
in writing. SurrenderOnline will refund the proportional
value of any unused services less any outstanding charges
owed by the client. Excess usage charges will be billed
and arrears and must be paid by the client. Suspened
accounts will be charged a $20 fine for paper work and
processing fees.
3. Variation of Agreement. SurrenderOnline may from
time to time vary the terms, charges and conditions outlined
in this agreement. The version of this agreement that
is published at www.SurrenderOnline.com should always
be taken as the binding and most recent version of these
terms and conditions.
4. Term of Agreement. Subject to clause (5) This agreement
will continue for a period of 12-months unless otherwise
stated. This agreement will automatically be renewed
at the end of the initial Term unless terminated in accordance
with this Agreement.
5. Termination of agreement. Unless otherwise stated
this agreement may be terminated at any time by the client
on the giving of 30 days notice. Unless otherwise stated
this agreement may be terminated by SurrenderOnline on
the giving of 30 days notice. If this agreement is terminated
by either party, the proportional value of any unused
prepaid services will be refunded unless the use of service
was illegal.
6. Compliance with Law. In using the services provided
the client must abide by all applicable Local, State
(New South Wales), Federal and International laws, treaties
and regulations and any violation of this provision can
result in termination immediately or with 30 days notice
depending on the severity of the violation at the absolute
discretion of SurrenderOnline.
7. Limitation of Liability. SurrenderOnline does not
warrant to the client that the client will receive continual
and uninterrupted services during the Term of this agreement.
In no event shall SurrenderOnline be liable to the Client
for damages resulting from or in relation to any failure
or delay of SurrenderOnline to provide services under
this Agreement if such delays or failures are due to
circumstances beyond our control. Such a failure or delay
shall not constitute a default under this agreement.
SurrenderOnline, its directors, agents or employees will
not be liable in any way for any form of loss or damage
of any nature whatsoever suffered, whether arising directly
or indirectly, by the Client or any person related to
or dealing with the client out of, in connection with
or reasonably incidental to the provision of the services
by SurrenderOnline to the Client.
8.Disclaimer of Warranties. While SurrenderOnline uses
all reasonable care in providing the Service, SurrenderOnline
shall not have any liability whatsoever in respect of
any loss or damage resulting from the provision of the
Service, errors or omission in information provided in
relation to the service. SurrenderOnlines liability in
the event of failure to provide adequate service shall
not extend beyond the cost of providing a comparable
service.
9. Indemnity. Client agrees to defend, indemnify and
hold SurrenderOnline harmless from and against any and
all claims, losses, liabilities and expenses (including
solicitors' fees) related to or arising out of the Services
provided by SurrenderOnline to Client under this Agreement,
including without limitation claims made by third parties
(including customers of Client) related to any false
advertising claims, liability claims for products or
services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption or
malfunction of services provided here under, or for any
content published by Client using the Services, but excluding
those directly caused by the negligence of SurrenderOnline.
10. Refusal of Service. SurrenderOnline retains the
right to refuse services to the Client. Refusal of service
may result if:
(a) the client fails to pay accounts within 7 days of
the due date. (b) if the agreement is terminated; or
(c) if the client uses the misuses the services or fails
to comply with the customers obligations under the agreement.
11. Shared servers. The Client understands the Service
is provided on a shared server and acknowledges that
its web-site cannot overwhelm the server through unnecessarily
excessive use of CPU (such that other users/machine performance
are/is adversely affected). If a client is deemed to
be placing excessive usage on the server it will be deemed
by SurrenderOnline that shared services are no longer
appropriate and will need to relocate their account to
a dedicated service. In such a case, if required SurrenderOnline
will refund any unused portion or pre-paid services.
12. Severability. Should any part of this Agreement
be or become invalid, that part shall be severed from
this Agreement and such invalidity shall not affect the
validity of the remaining provisions of the Agreement.
13. Passwords. The Client must ensure their password
is only given to people whom they give authority to access
their account. SurrenderOnline takes no responsibility
to damage or loss resulting from un-authorized access
to an account where access is gained with a valid username
and password. SurrenderOnline systems will never request
to be notified of the Clients password.
14. Unsolicited Email. The Client must not send Unsolicited
bulk email via SurrenderOnlines mail servers. The Clients
site must not be referenced or linked to in Unsolicited
email.
15. Permission to access data. The client is given the
authority to access data contained in their account only.
With the exception of having read-only access log files,
users do not have the authority to access, read or write
data to any other location on the SurrenderOnline servers.
16. Unpaid Accounts. Accounts may be suspended if they
are not paid within 7 days of due date and prior arrangements
are not made. All data contained in a suspended account
will remain on the system, BUT account holders will not
be able to access it, the website will display a notice
stating that the account is in arrears. Accounts will
be removed from the system and all associated data deleted
if the account is not paid within 1 month of due date.
Whilst accounts are in arrears, clients will not have
access to data stored on SurrenderOnline servers. SurrenderOnline
reserves the right to delete data on canceled accounts.
17. Un-authorised access. Attempt to use SurrenderOnlines
servers by the Client to attack other networks/computers
will result in cancellation of the account at the discretion
of SurrenderOnline.
18. Entire Agreement. The Client acknowledges and agrees
that this Agreement is the entire Agreement between the
parties and excludes all oral or implied representations
and terms unless such terms are agreed between the parties
in writing.
Acceptable Use Policy
This acceptable usage policy is designed to make clear
exactly which activities must not be engaged in whilst
using services provided by SurrenderOnline.
The policy will in no way restrict your activities provided
you act in a considerate and law abiding manner.
1. Acceptance of changes. SurrenderOnline may from time
to time vary the Acceptable usage policy, charges and
conditions outlined in this agreement. The version of
this agreement that is published at www.SurrenderOnline.com
should always be taken as the binding and most recent
version of these terms and conditions.
2. Maintenance. From time to time we must take the service
off-line to perform maintenance in the form of software
and hardware upgrades to ensure the services continues
to operate at its optimum. Maintenance will be carried
out in periods of low usage to minimise disruption. All
clients will be notified on their nominated contact email
address in a reasonable amount of time prior to such
activities.
3. Email abuse. The act of sending unsolicited email
("spam" or "junk mail"), or allowing
other parties to send such email through you account
is not acceptable. Distributing, advertising or promoting
software or services that have the primary purpose of
encouraging or facilitating unsolicited E-mail or spam
is also prohibited. Customers are also responsible for
ensuring that they do not advertise or promote themselves
through UBE/UCE. Upon receipt of complaints regarding
such activities SurrenderOnline will act to prevent such
further occurrences, This may include account suspension
or cancellation.
4. Forging Headers. Forging or modifying email headers
to hide or mislead your identity will not be accepted.
5. Illegal or unathorised access. Gaining or attempting
to gain illegal access, or access without authorisation
to computers, networks or accounts owned by SurrenderOnline
or any external party will not be accepted. Activities
related to attempts to gain access to SurrenderOnline
computer or equipment, or such equipment owned by other
parties will not be accepted. Such activities may include
(scans or other information gathering activities).
6. Copyright and intellectual property violations. SurrenderOnline
will not monitor or interfere with content published
on our servers unless proper notice is served advising
of an infringement of copyright or intellectual property.
Users of our services should at all times ensure that
all information published and made accessibly to the
general public is not in breach of any applicable copyright
or intellectual property laws.
7. Privacy of information. In the normal course of business
SurrenderOnline will not monitor, intercept or interfere
with information stored or passing through our system.
Clients should be aware that the Internet is not a secure
place and should utilise the tools provided (encryption
of data transfer including SSH, SCP) to maintain security
of the information transferred through our system.
For more information about our solutions please click
here to email us. Or contact sales on 1300 764
678
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