Date Published: 31 Oct 2014
Online Business Builders provides a variety of hosting services, including web hosting, mail hosting, database services and URL forwarding. Since these services use resources that are shared by many users, the benefits of using the service must be balanced with certain obligations and responsibilities to ensure that all users can have a productive experience.
By using these services, you agree to be bound by the terms and conditions; you agree to indemnify and hold harmless Online Business Builders from any loss, liability, claim, damage and expense arising from or related to your content or use of any services provided by Online Business Builders. If you are not satisfied with these terms and conditions then you must discontinue use of our hosting services.
Online Business Builders may revise these terms and conditions from time to time by posting a new version of this document on our website. Each account is bound by the version of this document that was active as of the date of the initial order or, if the account has been renewed, the version that was active as of the date of the latest renewal, even if the renewal was automated. By renewing or agreeing to have your account renewed, you affirm your acceptance of these terms.
You accept legal responsibility for use of the account, are at least 18 years of age or (if younger) have your parent’s or legal guardian’s permission before using our services.
The hosting services must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to Online Business Builders, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.
Online Business Builders provides generic web hosting services, other then the information available on our web site, we do not provide advice in regards to the suitability of our products to individual customers, it is entirely your responsibility to decide if our products are fit for purpose.
No advice or information, whether oral or written, obtained by you from Online Business Builders, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
Online Business Builders does not tolerate SPAM. If you use spam, unsolicited emails or message board posting, or any other similar method to promote your site, then your access to our services may be immediately suspended or in the case of repeat offenders, terminated.
Online Business Builders 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 Online Business Builders’s services. We reserve the right to discontinue 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 us as a result of any such abuse.
You are responsible for any misuse of our services, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your account or website. You are also responsible for any such misuse regardless of whether it was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account or website.
Suspension and Termination of Service
We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
- during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
- if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:
- payment in full of all outstanding amounts; and
- payment of a reactivation fee.
We may without notice to you remove, amend or alter your data upon being made aware:
- of any claim or allegation;
- of any court order, direction, judgment, determination or other finding of a court or other competent body; or
- that the data is illegal, defamatory, offensive or in breach of a third party’s rights.
We may end our agreement with you and cease providing Services (other than Services for a fixed contract period) for any reason, on 30 days written notice to you; with respect to Services for a fixed contract period, the notice will not expire before the end of the fixed contract period.
You may terminate a Service by removing the Service from the hosting account. You will continue to be invoiced for all Services that remain on the server. To close your account with Online Business, you must provide notice to us in accordance with the methods set out below.
- by letter or fax on company letterhead (if applicable) and signed by you or an authorised person; or
- by email to support@onlinebusinessbuilders.com.au from a listed hosting contact.
The closure notice will take effect on the next billing date following the date of your notice. You will be required to pay charges for Services supplied up to the date on which the closure notice takes effect.
If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.
We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.
Online Business Builders reserves the right to refuse new orders or renewals to anyone at our sole discretion without prior notice.
Online Business Builders will provide at least two email notices prior to account expiry. Unless you specifically request cancellation of your service, your service term will automatically renew for a further period of up to 12 months. 14 days prior to expiry of such service we shall rebill your credit card, where credit card details have been provided. You acknowledge that if you do not wish to continue with your hosting service, it is your responsibility to request cancellation of your service before it is automatically renewed.
Due to the nature of the service we provide, it is not possible to guarantee, and we therefore we do not warrant that the service will be provided free of interruption or free from intrusion or hacking by external parties.
Client Agreement to Pay
You agree to pay our invoice by the due date. In the event payment is not made by the due date, Online Business Builders will charge a late payment fee of $10 per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs we pay for carrying overdue invoices. In addition, we reserve the right to stop providing the hosting service until payment is received.
4.4 Collection Costs
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
Online Business Builders allocates significant resources aimed at keeping data stored on our servers secure and free of defect, including SAN snapshots and regular backups onto physically separated hardware, but, considering the price point of our services, it is not feasible to completely guarantee against loss of data. Customers must keep their own copy of all valuable data or alternatively source a more appropriately priced enterprise level web hosting solution.
We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer Data recovered from our backups.
You understand that no intellectual property rights are assigned to you in the use of a service provided by Online Business Builders unless otherwise specifically contracted.
Likewise none of your intellectual property rights are assigned to Online Business Builders via the use of a service provided by Online Business Builders unless otherwise specifically contracted.
Online Business Builders hosting services are intended to be used for conventional web sites, you shall not use your hosting account as a repository, archive or storage area for files and/or material that is not specifically used by and accessible through the web site associated with your account.
You understand that the hosting service we provide is a ‘shared hosting’ service, and as such, your account will be deemed to be using excess resources, if it uses up more than 10 times the average daily usage of any resource of the server it is on. As a guide, the following are clear examples of excess usage:
1. MySQL databases larger then 500MB in size
2. Accounts that have in excess of 50,000 inodes
You understand that the email services provided with your hosting account are not to be used as a long-term archive. You must download all email collected by your account to your own computer as it arrives, you must not keep emails on our servers for more than 60 days.
You agree to our use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
The Service is provided by Online Business from any of the data centres it uses. We will determine in its absolute discretion from time to time the data centre location from which your Service is provided. We reserve the right to migrate your Service upon 14 days notice to you. We will use reasonable endeavours to minimise downtime and you will have no claim against us for downtime in supply of the Services caused by the migration. Online Business Builders does not take any responsibility for Service failure if you have not checked the operation of your Service post-migration and notified us of any required changes to its configuration.
If you are aware of any violations of the terms and agreements, please report them to: support@onlinebusinessbuilders.com.au