Terms and Conditions

1. In General
2. Definitions
3. Agreement
4. Privacy Policy
5. Billing Policy
6. General Service
7. Responsibility and Termination
8. No Liability

• 1. IN GENERAL

  We have compiled a general list to give users an idea of how we run our servers. The list is simple and it helps protect our members from security and performance issues when subscribing to our service. Please contact us if there is anything you do not completely understand.

  • Your accounts hosting space is intended for normal use only.
  • Your account is not to be used for unlinked online file storage. All files must be linked to from your website.
  • Nothing illegal or close to being illegal.
  • Including any unlicensed software such as message forums and mp3's.
  • No spam and no bulk mailers.
  • Only opt-in mailing lists are allowed.
  • Only database driven message forums to minimize CPU usage.
  • To be fair on other users we have to stop any script that starts eating into the CPU.
  • We will help you make sure it doesn't happen again but if it does the script will have to be disabled.
  • No misrepresention, harassment or defaming of others.
  • You should keep your MySQL databases optimized and under 1GB in size.
  • You can not use more than 100,000 inodes on any ComAuHost account.
  • Your account can not use 20% or more of system resources for longer then 90 seconds. This can include: CGI scripts, FTP, PHP, HTTP, etc.
  • Users may not use system resources that in any way affect other services or users on the server.
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• 2. DEFINITIONS

  • "Account" means an account provided to use a service supplied by comauHOST.
  • "Network" means hardware and/or software used to provide a service. "Internet" means the network of networks to which an account provides access.
  • "You" or "the Customer" means that legal entity that is entering and bound by this contract with comauHOST. "You" and "the customer" may be used interchangeably.
  • "Service", "Supply", "Product", "Goods" means the services or products for which comauHOST is contracted to provide and are used interchangeably.
  • "Content", "Material", "Information" means any information which could be transmitted or received by digital means and incorporates static or active software programs or the results of programs and other online events or the results of online events any of which may be public or private or any combination thereof. These words are used interchangeably.
  • "Publish", "Post", "Propagate" means to transmit or store or upload or download or receive content and are used interchangeably.
  • Plurals include singulars and vice versa.
  • Masculine include feminine and vice versa.
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• 3. AGREEMENT

  • This document is the general terms and conditions of a comauHOST web hosting account. Other more specific terms and conditions may apply to specific products and/or services.
  • comauHOST reserves the right to refuse any application for whatever reason.
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• 4. PRIVACY POLICY

  We have committed ourselves to protecting your privacy. We use the information gathered to enable your web hosting account and to enhance your online business experience. Please read on for more details about our privacy policy.

  • comauHOST will endeavour not to release any information collected about you to a third party.
  • comauHOST will not sell its database of customer details or details about customers to a third party.
  • We also respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.
  • When does comauHOST disclose the information it collects to outside parties? comauHOST does not sell, trade, or rent your personal information to others. comauHOST may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of comauHOST, our users, or others.
  • What information do we collect and how do we use it? When you place an order through this website, we need to know your name, e-mail, phone number, street address, postal address and credit card details. This allows us to process and fulfill your order successfully. It also helps us in maintaining your account.
  • How does comauHOST protect customer information? When you place orders, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by several layers of encryption and several layers of security to prevent unauthorised access.
  • What about Cookies? "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable you to place your online order. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to purchase from comauHOST.
  • Your Consent By using our Web site, you consent to the collection and use of this information by comauHOST. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
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• 5. BILLING POLICY

  • General

    • All information that is sent or received while ordering or while logged into your account is encryted during transmission using SSL Encryption.

    • All customers are entitled to a full refund of web hosting (EXCLUDES ALL DOMAIN NAME REGISTRATIONS AND SSL CERTIFICATES) if not completely satisfied with our service within the first 30 days of sign-up.

    • comauHOST will make invoices and payment receipts available to customers via email and online in their account.

    • Invoices will be emailed and will appear in the customers account when completing an online order, or at least 15 days before the renewal or expiry date of a product.

    • Payment reciepts will be emailed and will appear in the customers account once a payment is confirmed.

    • It is the customers responsibility to ensure that a current active email address is entered into their account for the delivery of correspondence.

    • If Auto Bill credit card is set ON in the customers account, auto billing of any invoice will take place within 7 days of the invoice due date. When ordering by credit card, the credit card is billed on sign-up and automatically on renewal unless otherwise informed. You can turn Auto Bill OFF in your account. A valid credit card must be previously entered in the customers account for auto billing to be successful.

    • Title to any services provided by comauHOST, remain the property of comauHOST until payment is received in full.

    • All pricing is subject to change at any time. Please check the comauHOST web site for latest details.

  • Payment Options for comauHOST services:
    • Credit Card  (Visa, Mastercard, Bankcard, Diners and AMEX)  

      When ordering by credit card, the credit card is billed on sign-up and automatically on renewal unless otherwise informed. You can turn Auto Bill OFF in your account.

  • Domain Name Registrations

    Domain Name Registration periods for .au and .uk domain names is 2 years at a time. Domain Name Registration periods for .biz and .tv domain names is 1 or 2 years at a time. All other domains may be registerd for 1 to 10 years at a time.

    New Domain Name Registrations are only registered upon receipt of full payment.

    Expiring Domain Name Registrations are only renewed upon receipt of full payment. If payment is not received by the expiry date, it will be deemed that the customer does not want to renew and the Domain Name will be deactivated by the registrar until renewed. Deactivation is an industry standard and is out of the control of comauHOST.

  • Web Hosting Accounts

    Web Hosting Account billing cycles to choose from include 1, 2 and 3 years.

    New Web Hosting Accounts are only activated upon receipt of full payment.

    Expiring Web Hosting Accounts are only renewed upon receipt of full payment. If payment is not received within 7 days after the expiry date, it will be deemed that the customer does not want to renew and the Web Hosting Account will be deactivated until renewed.

  • SSL Certificates

    SSL Certificate registration billing cycles to choose from include 1, 2 or 3 years.

    Expiring SSL Certificate registrations are only renewed upon receipt of full payment. If payment is not received by the expiry date, it will be deemed that the customer does not want to renew and the SSL Certificate will be deactivated by the issuer until renewed. Deactivation is out of the control of comauHOST.

  • Web Maintenance and Design

    50% deposit is required for web maintenance and design projects.

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• 6. GENERAL SERVICE

  • The customer understands that any services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to services may occur from time to time. For example interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures, etc.
  • The customer will not hold comauHOST responsible or liable for any interruption or delays or degradation to services. Where provision of a service involves the use of a third party service, for example a carriage service or a domain name service, the customer understands that comauHOST has no responsibility for the performance or non-performance of these services.
  • No service need be provided by comauHOST without either a signed application form or an online application form submitted and appropriate consent to enter into a legal contract bound by these and other relevant terms and conditions.
  • Unless prior credit arrangements are in place comauHOST has the right to refuse to provide a service or suspend a service or terminate a service that is not paid for in advance.
  • comauHOST reserves the right to refuse an existing account an application for a service.
  • comauHOST reserves the right to provide sales and support to existing and potential customers via the internet and postal mail only.
  • Due to changing technology and other such circumstances comauHOST reserves the right to modify the nature and type of services provided as it sees appropriate.
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• 7. RESPONSIBILITY AND TERMINATION

  • comauHOST reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the Internet or comauHOST's services. We reserve the right to discontinue, without refund or notice, any account or service where usage of the account or service is deemed to be an abuse, and we will charge the customer for costs incurred by any such abuse.
  • What constitutes "abuse" will be entirely determined by comauHOST. Abuse includes but is not limited to, misrepresention harassment or defaming of others, hacking, propagating viruses, port scanning, password guessing, excessive download/uploads or excessive connection time, threats of violence, comauHOST vilification, breach of any statute or law from anywhere around the world, unauthorised access etc.
  • You can not publish or post or propagate RC or adult material using a comauHOST service.
  • Any event which causes a degradation or interruption of a service may be blocked or terminated or interfered with as comauHOST sees fit. This includes but is not limited to events of the nature of flooding of links or disks, bombardment of emails, SPAM, excessive cpu usage, process table flooding, virus activities, privacy invasion, ping floods, hacking or attempts at unauthorised access, etc.
  • SPAM or any bulk unsolicited consumer comauHOST email/news postings are not allowed and are just cause for termination without notice or refund.
  • We DO NOT allow IRC or IRC bots to be operated on our servers. This includes any application that utilizes Raw Sockets and/or ICMP Packets to short-circuit the TCP/IP stack.
  • Our definition of unlimited means we do not place a limit on the quantity of certain resources available to your account. We do not place a limit on your data transfer or your disk space used. Although it is unlimited it does not mean it is infinite. Our hosting is designed for typical small business websites with typical small business hosting requirements. We offer unlimited disk space so you have the peace of mind knowing that if you are adding content, pictures, blogs etc to your site you can do so without incurring extra cost. This does not mean your account is an unlimited repository for file storage, but it does mean that 99% of clients never need to worry about paying extra as their site grows. To counter any improper usage we do place an Inode limit of 100,000 inodes on each account.
  • Our unlimited data transfer means that as your site gets more popular and you receive more visitors, you don't need to worry about extra costs for using more bandwidth. We do however limit the CPU usage of accounts. As your site gets more popular, depending on the complexity of your site, it may reach our CPU limit. In our experience for 99% of sites, blogs, shops etc this won't be a problem. As a rough example, a shop with 100's of products and 1000's of visitors per day, depending on the complexity of the scripts, may be reaching the limit. If your site does start using too much CPU we will let you know and can offer help and advice in transferring to a more suitable provider. In extreme circumstances we may be forced to suspend a script and/or the account.
  • With regard to databases you are allowed an unlimited number of MySQL databases, but in the interest of server stability we request that you try to keep them optimized and no larger than 1 GB in size.
  • Any shared account using more than 2 GB of disk space will be removed from our off site backup. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
  • Your accounts hosting space is intended for normal use only. Any uploaded files to your account must be linked or in use by your site. This means you cannot use your account for storage of media, emails and other data. If we do find an account wrongly using their space we will kindly point it out to the client and let them know it's their responsibility to adhere to our usage requirements. If there is no action taken this can result in the suspension of the account.
  • You can not use more than 100,000 inodes on any ComAuHost account. If you use more we will give you a kind warning and let you know some steps to take. If no action is taken an account can be suspended. Accounts found to be exceeding the 50,000 inode limit will potentially be removed from our backup system. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
  • Where a password is required to use a service, the customer must not disclose the password to any third party and must keep secret at all times that password and prevent any unauthorised use of a comauHOST service protected by that password.
  • Where a service is provided without a password the customer must ensure that no unauthorised use of that service occurs.
  • The customer understands that where a password has been revealed or compromised or unauthorised use of a service occurs that the customer is still liable for any charges or consequences that may arise from that use.
  • Where a customer believes a password has been revealed or compromised they must notify comauHOST at the earliest possibility.
  • The customer understands that where an authorised third party uses a service provided by comauHOST that the customer has a responsibility for ensuring that the third party understands and abides by these terms and conditions.
  • Where third party use is not permitted the customer warrants not to permit any third parties from using that service.
  • Specifically comauHOST accepts no responsibility for the customers end of an access service or for the performance of any telecommunication or carriage or other service used to access our services.
  • comauHOST reserves the right to immediately suspend a service or refuse supply without notice if it believes that the customer may in any way not meet its obligations to pay for the services as they fall due.
  • comauHOST reserves the right to demand what it considers an appropriate bond to be held as guarantee by comauHOST where the customer has a history of late or non payment before a service will be resupplied or continuation of supply is to occur.
  • The customer understands that accounts and services are not transferable and that they are liable for and are bound by these terms and conditions regardless of any third party use of a comauHOST service.
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• 8. NO LIABILITY

  • The customer fully indemnifies comauHOST, its employees, officers, directors, contractors and any other representatives against any proceedings, action, loss, damages or claims or other events which may arise from the customers account(s) or use, misuse or nonuse of a service, product or goods supplied by comauHOST including, but not limited to, copyright breaches, defamatory comments or events, comauHOST vilification, intellectual property infringements, illegal pornographic material, actions that contravene export controls, threatening or violent actions or behaviour or any other unlawful event in any part of the world where they may be unlawful.
  • In relation to a claim comauHOST may require you to conduct the defence and bear the cost of any legal proceedings or compensations or other events that are the results of your actions or inactions or failure to meet these terms and conditions.
  • The customer agrees to take full responsibility for any content that is published using a comauHOST service. In any event comauHOST's sole liability will be limited to the cost of the service it supplies or its resupply where comauHOST chooses to.
  • Where a service level agreement is in place that has not been met by comauHOST it is the customer responsibility to lodge a claim within 7 days under that agreement.
  • Any compensation resulting from a service level agreement will be considered paid by crediting the customers account with the appropriate amount.
  • comauHOST reserves the right to remove or block access to any content published, posted or propagated by the customer using a comauHOST service, where there is a breach of these terms and conditions or as required by a relevant authority, or where there is a breach of a right such as intellectual property or any other event.
  • The customer warrants not to hold comauHOST liable for any loss or damage or liability in the event or such blocking or removal of content.
  • The customer understands that full editorial control over its content remains with the customer.
  • The customer warrants to protect any accounts, services provided by comauHOST, from fraudulent or illegal use.
  • The customer warrants that all information provided to comauHOST is truthful and correct and accurate and up to date and that the person designated is of above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form.
  • The customer warrants that all information that may be relevant to the provision of service by comauHOST is disclosed by the customer to comauHOST prior to such provision and that any false or misleading or incomplete information provided is grounds for termination without notice.
  • The customer warrants that no person under the age of 18 years will use a service provided by comauHOST without parental supervision.
  • The customer understands that comauHOST is in no way responsible for the content of the Internet or information or actions or events which may be carried by, or from, or to, a third party or the customer or comauHOST using any comauHOST service.
  • The customer understands that exposure to viruses and other harmful events may occur when accessing the general Internet and dealing with such events is outside the responsibility of comauHOST and that it is entirely the customers responsibility to deal with such exposures. comauHOST will endeavour to maximise availability of its services, but accepts no responsibility for either our own or third party failures, or any other events which may interrupt, delay or degrade the service, or any consequential or ongoing loss, damage, claim or liability to the maximum extent permissible by law.
  • It is the customers responsibility to ensure that a current active email address is supplied to comauHOST for the delivery of correspondence.
  • comauHOST will also provide invoices online and it is the responsibility of the customer to periodically check what their account balance is and pay in full any invoices including any taxes by the due date. Payment terms will be provided with your invoices, and we reserve the right to charge which ever is the greater of $10 or 5%/month, as interest on late payments. Any or all services may also be suspended or terminated at comauHOST's discretion until payment including any tax is received in full.
  • All moneys paid to comauHOST need not be refunded.
  • The customer is required to inform comauHOST in writing giving signed notice, by way of fax or normal postal mail or by hand delivery, to terminate a service.
  • The customer understands that suspension of an account or service by comauHOST does not terminate this contract or the customers obligations under this contract.
  • In the event of an act of major catastrophe such as earthquake, riot, civil disorder, floods or other major disaster comauHOST reserves the right to null and void this contract.
  • comauHOST reserves the right to suspend an account via way of blocking supply or access to a service. Notice will endeavour to be made via email with reasons prior to such suspension. Where such notice fails or is not received, the blocking of supply or service will be deemed to constitute notice.
  • The customer understands that once an account has been put on hold or suspended it is the customers responsibility to contact comauHOST to either terminate or correct any causes for the suspension prior to reestablishment of the supply of a service.
  • Once comauHOST suspends an account the customer waives any right under any service level performance agreements or right of access or supply until such time as the customer demonstrates to comauHOST that the reasons for suspension have been dutifully addressed to comauHOST's satisfaction.
  • If this agreement is terminated by comauHOST, comauHOST will notify you of such termination via email, and notwithstanding such notification comauHOST may immediately deny supply or access to any of your accounts or services.
  • Once a service is terminated, comauHOST has the right to remove any content, public or private, that you may have published, posted, propagated and/or received. Any rights or licences to content granted to comauHOST survive the termination of this contract.
  • The customer understands that comauHOST can not guarantee provision of a domain name nor the timeliness of provision for domains and that rules and regulations outside of comauHOST control and govern the use, fees and issuing of domains.
  • The customer also understands that domain name applications are not an instantaneous process and that while a domain may appear to be available, by the time the application is processed and forwarded the domain may no longer be available.
  • The customer agrees to provide truthful, correct, accurate and up to date information for any services which comauHOST will assist in procuring or procure on behalf of the customer.
  • The customer understands that transfer of domain names is outside the responsibility of comauHOST and that it is the customers responsibility to authorise and finalise transfer of domain names to and from comauHOST.
  • The customer agrees that by activating an online event (such as clicking an "I Agree" button) which incorporates agreement to these terms and conditions that this event legally binds them as if they had signed this contract and given full legal consent to be bound by these terms and conditions and any other relevant terms and conditions.
  • comauHOST will perform regular backups of any web material published to a mirror disk where appropriate. comauHOST may also backup such material to tape. In the event of a disaster such as hardware failure, comauHOST will attempt to recover from any backups the customers web content. Where such recovery fails for whatever reason the customer must be prepared to re-upload to our service any such content.
  • The customer understands that due to the dynamic content of email activities, email spools are not backed up and that there is no guarantee of receipt of any email items.
  • Where a customer posts or publishes content, public or private, using a comauHOST service, comauHOST will endeavour to ensure such delivery or publication occurs but can make no guarantee of delivery or publication once the content leaves comauHOST's direct realm of control or is interfered with by an event outside comauHOST's control.
  • The customer understands that any service level agreements exclude any events outside of comauHOST's control.
  • The customer understands that they must maintain their own copy of any content published via a comauHOST service and that comauHOST should never be used as any "master" or primary or critical copy of any content. Where a customer loses material and requires comauHOST to recover such material from backups comauHOST may charge for this service if it is able to provide it.
  • The customer understands that no intellectual property rights are assigned to the customer in the use of a service provided by comauHOST unless otherwise specifically contracted.
  • Likewise none of the customers intellectual property rights are assigned to comauHOST via the use of a service provided by comauHOST unless otherwise specifically contracted.
  • Where a tax is payable on the provision of a service or product or goods the customer warrants to pay that tax in full to comauHOST as it falls due.
  • You hereby grant to comauHOST and warrant that you have obtained all authorisations, licences and consents necessary for comauHOST to perform its obligations and exercise its rights under these terms and conditions.

  comauHOST reserves the right to modify these terms and conditions from time to time and will make available any such changes by posting them to the Internet. Any such changes are effective from the date they are so posted.

  This contract is governed by the laws in force in the state of Queensland in the Commonwealth of Australia.

  If you have any further questions about our Terms and Conditions please contact us.

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