BETWEEN You
AND Optimate Group Pty Ltd
By having Your website hosted by Optimate Group Pty Ltd, You agree to the following Terms and Conditions of Service.
RECITALS
This is a legal agreement between You and Optimate Group Pty Ltd.
The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an “unfair” proportion of system resources.
Before placing Your website on Servers operated by Optimate Group Pty Ltd, You must read the Agreement and accept its terms and conditions.
If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by Optimate Group Pty Ltd.
Definitions
“Agreement” means these Terms and Conditions of Service.
“Claim” means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.
“Client” means any person to whom Optimate Group Pty Ltd provides the Service.
“Domain parking” means one or more domain names pointing to Your website, or any part of it.
“We”, “our” and “us” means Optimate Group Pty Ltd.
“Person” includes a corporation, a trust and a partnership.
“Servers” means all Servers owned or operated by Optimate Group Pty Ltd, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Optimate Group Pty Ltd providing the Service.
“Service” means the hosting of Your website and related services on Servers operated by Optimate Group Pty Ltd, including access to Your website by You or any other person.
“Website” includes all aspects of the Service (website, mail facilities, FTP access etc).
“You” and “Your” means the person who agrees with Optimate Group Pty Ltd to have a website hosted on Servers operated by Optimate Group Pty Ltd.
Order Details and Processing
You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site’s domain name then You will need to order a new web hosting account for the new domain and additional charges will apply.
You confirm that the details You have provided to Optimate Group Pty Ltd when ordering Your web hosting account are complete and correct.
We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days.
Conduct
You must not:
Password Security
You must keep confidential, all passwords created or used in relation to the Service.
You must not:
Acceptable Content
Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling-related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour.
This includes any website or web page which contains depictions of nudity, material relating to hacking, or any pirated software.
If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice.
If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice.
No Mirroring
You must not use Your website to mirror any material on any other website without the written permission of Optimate Group Pty Ltd. Optimate Group Pty Ltd has sole discretion to determine whether to grant permission to You to mirror another website.
Submitting Site Details To Third Parties
You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions:
Additional Domains
You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/).
If You require additional domain names to be pointed at Your website, You must obtain written permission from Optimate Group Pty Ltd. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website.
You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain.
You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content.
Use of Disk Space
Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from Optimate Group Pty Ltd. You must not place “demonstration” versions of third party web pages on Your website without written permission from Optimate Group Pty Ltd. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from Optimate Group Pty Ltd.
Optimate Group Pty Ltd reserves the right to decide whether any pages on your site are in fact hosted for third parties.
You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website.
Virus Scanning
Optimate Group Pty Ltd scans incoming and outgoing messages for viruses. However Optimate Group Pty Ltd does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Optimate Group Pty Ltd reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus.
Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.
Backups
Optimate Group Pty Ltd will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service.
Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply.
We strongly encourage You to keep a backup of Your site on Your home or office computer.
Providing Mail Services for Third Parties
You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties).
Spam (Unsolicited Email)
You must not send unsolicited email messages from an Optimate Group Pty Ltd server.
You must not use an email address or domain name that is hosted by Optimate Group Pty Ltd to send unsolicited email messages.
If You breach these conditions we may immediately terminate the Service without notice.
Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements
You must not use Optimate Group Pty Ltd Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community.
If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice.
Resource-Intensive Programs
If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
We do not allow background processes, cron jobs or daemons to be run.
Prohibited Scripts
We reserve the right to disallow installation and/or execution of any script if the script contains at least one security fault, programming fault, or is too resource intensive.
Chat Rooms and IRC
Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms or IRC-related software on our Servers.
Technical Support
We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email or phone.
Notice
You agree to notify us promptly of any changes to Your email address or other contact details.
Billing Cycle, Invoices and Payments
Our billing cycle is monthly, quarterly or yearly in advance. Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one month before each subsequent payment is due.
If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice.
If You accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to Your Optimate Group Pty Ltd account. At Your request, we may consider refunding the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges.
Generally, all fees are non-refundable. If however we decide that exceptional circumstances apply then we will provide a refund, or partial refund, at our discretion.
Prices
Prices are subject to change without notice. Any change in monthly fees will apply to Your next hosting period, but will not be payable for Your current hosting period.
Site Suspension
Optimate Group Pty Ltd may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then Optimate Group Pty Ltd has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content.
Cancellation of Service
You may cancel the Agreement at any time by providing Optimate Group Pty Ltd with written authorisation to close Your web hosting account (the Service).
We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice.
You acknowledge that Optimate Group Pty Ltd does not keep copies of files for web sites that are no longer hosted with us, and that Optimate Group Pty Ltd has the right to remove all website files at the time the Service is cancelled or discontinued.
Limitation of Liability
You indemnify Optimate Group Pty Ltd and its directors, shareholders, employees and associates in relation to any Claim as a result of:
If a term is implied into the Agreement by the Trade Practices Act 1974, Optimate Group Pty Ltd’s liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again.
Modifications to Service
Optimate Group Pty Ltd reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that Optimate Group Pty Ltd will not be liable to You or any other party for such modifications to the Service.
Optimate Group Pty Ltd reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the Optimate Group Pty Ltd site.
Intellectual Property Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree not to reverse engineer or create derivative works based on the Service, or copy the Service in any way.
Disclaimer
We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
Additional Conditions for Specials
If You purchase Your account in response to a special offer advertised by us (such as a discounted web hosting plan), then additional and/or alternative terms and conditions may apply. Details of such additional and/or alternative terms and conditions are disclosed on the relevant pages on our website (that is, on the pages which outline the details of the special offer You have chosen) and form part of this Agreement. If the additional and/or alternative terms and conditions are inconsistent with this document, then the affected clauses in the additional and/or alternative terms and conditions will override the conflicting clauses in this document.