Hosting Terms of Service

Last Updated 27th February 2015

Terms Of Service

All services provided by Infinity Web Development Pty Ltd (“Infinity”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Infinity from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Infinity servers, or any other server on the Internet. Links to such materials are also prohibited.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.

Payments and Fees

Service will be interrupted on accounts for non-payment. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of Infinity. Accounts not paid by due date may be subject to a late fee at the sole discretion of Infinity.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Infinity is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Security & Software

You acknowledge that the use of software such as Joomla, WordPress and other similar types of third party open source software can represent potential risk, and as such requires you to play a part in maintaining your chosen software. Therefore, you agree to take steps to ensure you keep you or their chosen software updated to the latest release and security patched where applicable.

You agree to utilise and implement security measures as per advice from the developers/publishers of the third party software installed onto your hosting account/s on the server. You agree that under no circumstances shall Infinity be liable for any damages, loss or costs arising from or associated with the result of any third party or otherwise software you have chosen to install into a hosting account becoming compromised (hacked) that may result in the destruction of data on the server whether this is the result of your or your chosen software becoming compromised or for any other reason whatsoever. You explicitly agree not to hold Infinity responsible or liable in any manner whatsoever for any damages, loss or costs arising from or associated with any type of data becoming deleted and/or unrecoverable due to any type of compromise or hack irrespective of how the compromise or hack occurred.

Account compromise by a third party or otherwise, including but not limited to: stolen passwords, phishing, redirections, meta-refresh scripts or defacement of an individual website is not the responsibility of Infinity. Infinity has the responsibility to notify the customer utilising the information provided on sign-up in the customers area and suspend the account at the earliest convenience, at the sole discretion of Infinity repeat offenders which have openly had an account compromised several times may be charged a service administration fee.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Infinity must adhere to the above policies.

Service Fees

Certain services carry a setup fee charged by Infinity to customer, which must be paid by customer in order to have use of said services. If customer terminates this agreement, customer shall be responsible for any and all outstanding fees owed to Infinity and agrees to pay any and all fees incurred by customer. Because the services are provided on a yearly basis, the customer will be responsible for service fees incurred each year, regardless of when customer provides notice of termination. Thus, for example, if the customer provides notice of termination on the 8th month of a particular year, the customer will be responsible for service fees for the entire year, and such fees will not be pro-rated or refunded.

Money Back Guarantee

We offer a 30 day money back guarantee on all Web Hosting services provided. Domain Registrations, Domain Transfers, Domain Addons, SSL Certificates, IP Addresses, Account Addons, Account Transfers, Development Services & Service Upgrades or Renewals are final & non refundable.

Cancellation Refunds

We do not refund partial yearly fees to accounts. All Web Hosting account cancellations must be submitted 7 days before the next billing cycle. Only the authorised account holder or a authorised contact may cancel the account. Authorised contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar year.

Customer’s may only cancel a product/service by contacting us via email outlining their wish to cancel. Once authorisation has been given the cancel, all files & emails will be deleted from our server, the customer is responsible for taking backups if required prior to submitting a cancellation request.

Failure to Pay

Infinity may temporarily deny service or terminate this Agreement upon the failure of customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Limitation of Liability

Infinity shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Infinity servers going off-line or being unavailable for any reason whatsoever. Furthermore, Infinity shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Infinity servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to support@infinityweb.com.au. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Infinity cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a customer would have gained if their site was functioning. Certain services provided by Infinity are resold. Thus, certain equipment, routing, software and programming used by Infinity are not directly owned or written by Infinity. Moreover, Infinity holds no responsibility for the use of our customer’s accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Infinity sees fit.

Account Activation

By requesting hosting with Infinity, you agree to the above policies and disclaimer. Payment of the related hosting invoice is considered agreement with these policies, guidelines and disclaimer.

If you utilise our hosting service and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Uptime

Infinity aims to operate a 99.9% uptime service (http,https,ftp,pop,imap,smtp).

Exclusions

  • Scheduled Maintenance – Our systems will require periodic maintenance and upgrades that may or may not result in services being unavailable for certain periods. This is part of our continuing commitment to providing our customers with the highest quality services available.
  • Outages caused by the actions beyond Infinity’s control (including, without limitation, acts of any governmental body, war, terrorism, or “Acts of God” (e.g. fire, tornado, flood, earthquake), including but not limited to Scheduled Maintenance or Service Downtime; DOS attacks or other forms of intrusion are excluded from the uptime/downtime calculations, applications, equipment or facilities of a customer or acts or omissions by a customer; DNS issues not within the Company’s control; and/or customer acts, such as broken scripts or misconduct or use of the service in breach of the Infinity’s other terms of service, including the Acceptable Use Policy and Privacy Policy and any additional terms and conditions established by Infinity.
  • This Service Uptime does not cover Service Downtime caused by problems related to (i) a customer’s local area network; (b) customer-provided Internet connectivity or end-user software; or (c) anything inside customer’s internal network, including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

System Resource Usage

In order to ensure speed, reliability & server performance over any given time all hosting services are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, database usage, e-mail usage etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a service allowing for higher resources. You may refer to the following table below at any given time to determine if your account exceeds the resource limits allocated:

Processor & Memory (CPU/MEMORY) Restrictions

  • Memory for any given processor 512 MB.
  • Excess of 15 seconds.
  • Number of open files should not exceed 64.
  • Number of simultaneous processes should not exceed 25.

Database (MySQL) Restrictions

  • 30 concurrent MySQL connections.
  • Queries should not exceed 10,000 per hour.

Email (POP3/IMAP/SMTP) Restrictions

  • Files in excess of 15 MB should not be sent via email.
  • POP3 connections are limited to 60 per hour.
  • Mailing lists should be throttled to send out no more then 500 e-mails per 60 minutes.

If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. Infinity will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

File Hosting

File hosting and file storage of any type is strictly prohibited on any and all servers within the Infinity’s network. You MAY NOT use your Infinity account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specialises in downloads like download.com or similar and you may not use your Infinity account as storage repository for MP3, games, video, audio or music files.

Backups and Data Loss

Your use of the Infinity service is at your sole risk. Infinity is not responsible for any and all files and data residing on your account on our servers. Infinity cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any Infinity server to which you have an account on. In the case that an account backup is required to be restored from a server backup performed by Infinity a $49.00+GST fee will incur.

Termination of Data

For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before cancelling your Infinity account.

Indemnification

Infinity wishes to emphasise that in agreeing to the Infinity Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Infinity for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Infinity or the bringing of any claim against Infinity by any third-party. This means that if Infinity is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Infinity, plus all costs and attorney’s fees.

Customer Content

You, as Infinity’s customer, are solely responsible for the content stored on and served by Infinity’s server. customer acknowledges that web site construction and management is customer’s responsibility. Infinity is not responsible for web site management or files lost or damaged by customer.

Revisions to This Policy

Infinity reserves the right to revise, amend, or modify this Policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.