terms of service

CrikeyHosting.com Terms & Conditions - Last Updated May 1 2010

I.   Web Site Hosting And Email

1.  Crikey Hosting make no representation and give no warranty as to the accuracy or quality of information received by any person via the Servers and we shall have no liability for any loss or damage to any data stored on the Servers.

2.  You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server. You should at all times maintain a backup of your website files & settings via the provided backup feature in your hosting control panel. Crikey Hosting will endeavour to keep a backup of your account as described in the hosting plan details however you should not rely on the integrity of the backup.

3.  You represent, undertake and warrant to us that you will use the hosting account allocated to you only for lawful purposes.

4.  you will not use the hosting account in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

5.  you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

6.  you may resell our service, however if you setup the account in your own name and details you will be responsible for your end clients support. Where a resellers end client contacts Crikey Internet Services we will refer them to the relevant reseller for support issues. However reseller's clients can choose to leave their reseller to deal with Crikey Internet Services directly without notice to reseller if they can provide sufficient credentials to do so.

7.  you will not send unsolicited bulk spam from our servers Nor will you promote a site hosted on our network using spam(unsolicited) email.

8.  you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

9.  We reserve the right to remove any material and/or any accounts which we deem inappropriate from your web site without notice. We do not host Warez, torrents, copyrighted music and video files.

10.  You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You must also keep your local computer secure and up to date to ensure your login details are not comprimised by trojan viruses.

11.  You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

12.  You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

13.  In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

14.  Any access to other networks connected to Crikey Hosting must comply with the rules appropriate for those other networks.

15.  While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

II.  Service Availability

1.  We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

2.  We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

III.  Payment

1.  All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

2.  Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.

3.  All payments must be in AUD dollar if using PayPal, direct deposit and credit card payments.

4. When using credit card for direct debit you must ensure your CC details are kept up to date otherwise renewal will fail which can result in suspension.

IV.  Termination

1.   If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. However Crikey Hosting will endeavour to contact you with your last known email address to notify you.

2.  If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

3.  If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

4.  No refunds will be made for Services suspended in accordance with 1,  2 and 3.

5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled pro rata refund based upon the remaining period of membership.

6.   You may cancel the Services at any time.

7.   During the first 30 days of Services, You are entitled to a complete refund of all fees paid with the exclusion of domain name registration, dedicated server and data transfer fees should. You decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with crikeyhosting.

8.  Where payment has been made by paypal or direct deposit, any refund will only be issued to the same paypal or bank account.

9.  On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

V.  Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

VI.  Limitation Of Liability

1.  All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 2

2.  Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

4.  In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

VII.  Notices

Any notice to be given by either party to the other may be sent by email or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

VIII.  Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.