Australian BasedTerms
This agreement is between Downtime Web Hosting and the customer.
By signing up to a service with Downtime Web Hosting, the customer agrees to these terms and conditions, and any subsequent updates to the terms and conditions.
The customer agrees to pay any and all invoices at the specified due date. Should they not do this, the service could be suspended entirely at the discretion of Downtime Web Hosting.
Customers with overdue balances risk having files and data deleted. Should this occur, the customer agrees to not hold Downtime Web Hosting liable for any loss or damage whatsoever.
Customers are responsible to maintain a backup of their own service data. Downtime Web Hosting will not be held liable for any data loss, income loss, perceived loss, or other forms of loss, or damage. The customer will not allow for Downtime Web Hosting to be held liable for any actions, use, misuse, abuse, damages, or loss either directly or indirectly.
The customer agrees that should any copyrighted data be hosted on their account, at our discretion we may delete, modify or terminate the account wherever we see fit or appropriate. Should the customer suffer any loss or damage, either directly, or indirectly, Downtime Web Hosting will not be held liable whatsoever.
Downtime Web Hosting will at its discretion suspend or terminate any account, without any notice to the customer.
Downtime Web Hosting reserves the right to modify it's prices or plans as it sees fit. Downtime Web Hosting agrees to notify the customer of any changes to the plans as it sees fit to do so.
Should the customer's service require any services not explicitly agreed to in the plan signed up to, the customer agrees to pay for any such service as directed by Downtime Web Hosting.
The customer agrees they have a monthly bandwidth limit. Should the customer exceed this limit, the account can be suspended. However, the customer, or Downtime Web Hosting, may decide to allow the customer to continue using bandwidth. Should this occur, the customer will face any additional bandwidth charges as dictated by Downtime Web Hosting and agreed to by the customer.
Downtime Web Hosting shall be held harmless against all loss, penalties, damages, liability, claims or expenses whatsoever arising from claims either by the customer, or by third parties, with regard to any issues raised whatsoever.
Customers found to be using the service in an inappropriate manner can have services suspended or terminated at the choice of Downtime Web Hosting. The customer will be liable for any damage costs arising from any use of the service.
Downtime Web Hosting reserves the right to interupt any services at any point in time, as it sees fit, without any compensation to the customer. The intention is in case of a security breach, or services being consumed beyond capacity, we may at our discretion suspend services for high usage. Should such a situation occur, we will attempt to notify any affected customers.
Whilst reasonable steps are taken to preserve data, it is and remains the customers responsibility to ensure all data is backed up appropriately. We will not be held liable for any loss or damage.
The customer will hold harmless and indemnify Downtime Web Hosting, it's agents, representatives, staff and associates from and against any loss (including costs and expenses) or liability incurred or suffered by any of Downtime Web Hosting, or related parties arising from any proceedings against them. The customer will be held responsible in such circumstances.
Downtime Web Hosting may collect certain information about you. Downtime Web Hosting agrees to not disclose any information of specific nature to any party unless required by law, or to facilitate a service to you. Downtime Web Hosting will not be liable or responsible for any information which is accessible to any party as a result of any use or misuse of a service.
The customer is responsible for the security of the account or server. Should you believe security has been breached, you are to notify Downtime Web Hosting immediately. You agree that in the event of a security breach or other form of data disclosure, you will not hold Downtime Web Hosting responsible for such activity, and neither will Downtime Web Hosting be held liable for any damages, or liabilities arising from such action, be it accidental or otherwise.
Downtime Web Hosting cannot be used for Peer to Peer type applications, any illegal content, any content that is of adult nature which is not protected as required by Australian Law. Please be advised that should we be aware the customer is using our service inappropriately, we reserve the right to disable the account and seek any costs from the customer.
The customer agrees to not use our service for transmission of unsolicited or prohibited advertising in any form whatsoever. We reserve the right to suspend or terminate an account found to be doing as such, and the customer will be liable for any and all costs arising from such a situation.
The customer agrees to supply true and correct details and ensure they are maintained to be true and correct. Should we find that any information the customer supplies is false, we will take any measures we deem fit in such a situation.
The customer agrees that we have a responsibility to fully co-operate in any legal investigation for any service. Should this investigation be about a service provided to the customer, we will take any measures as directed by law enforcement, or any measures we see fit.
This agreement is governed by the laws of Sydney, New South Wales, Australia.