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Hosting Impact takes your Hosting Account Seriously. Please read the following to learn more about our Terms and Conditions.

Hosting Impact's Terms and Conditions:

Hosting Impact agrees to provide and Client agrees to receive, reasonable access to Web Hosting and related Services provided by Hosting Impact, according to the following Terms and Conditions:

1.0. General

1.0a. The Client is at all times totally responsible for ensuring that all files, folders, images, text, databases and database files and or graphics on their website are correctly backup and secured by the client themselves. Hosting Impact can not and will not be held responsible for the loss or disruption of abovementioned data if it has not been correctly backed up and secured correctly by the client.

1.1 The Client is the person or entity who is applying to receive, or who is receiving, Web Hosting Services from HostingImpact.com.

1.2 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. HostingImpact.com gives no warranty or guarantee, express or implied, for the Web Hosting Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by HostingImpact.com or its providers beyond the fees paid by the client to HostingImpact.com for services.

1.3 Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of New South Wales and the Australian Federal Government.

1.4 Use of any information obtained by way of HostingImpact.com is at the Client's own risk, and HostingImpact.com holds no liability for such use.

1.5 HostingImpact.com is not responsible for any damages arising from the Client's use of HostingImpact.com Hosting Services or by the Client's inability to use the Web Hosting services provided by Hosting Impact for any reason.

1.6 While we do attempt to filter incoming email viruses, it is inevitable that some will be delivered. Our virus filtering is not a substitute for correctly and properly maintaining and securing your own computer against outside attacks. Hosting Impact assumes no responsibility and will not be held responsible for any computer virus you may receive, or subsequently become infected with, via your email account.

1.7 While HostingImpact.com shall make every reasonable effort to protect data stored on Client's Server(s), HostingImpact.com is not responsible for Client's data, files, or directories residing on HostingImpact.com's equipment. The client is solely responsible for maintaining data, file, and directory structure backups.

1.8 The customer is required to provide HostingImpact.com with correct and up to date contact details for billing and technical notification purposes. HostingImpact.com takes no responsibility for disruption to services due to inability to contact the customer.

1.9 Hosting Impact may provide, from time to time, third party web mail programmes for your occasional use, when away from your normal computer station and as such, Hosting Impact can not guarantee that these programmes will be suitable or will be available at all times. Your use of these programmes is purely at your own discretion and or risk and by using these third party programmes, you agree not to hold Hosting Impact nor it's employees liable in the event that they cease to work and or operate. Hosting Impact suggests that you download all relevant emails into a suitable Mail Programme on your computer. Futhermore you acknowledge and agree that you are totally responsible for backing up and saving your email data at all times.

1.10 The Client further agrees that Hosting Impact is not and will not be held responsible for loss of data, all or partial, income, credibility should the website cease to operate or perform in any such manner. Additionally, Hosting Impact can not guarantee that any loss of data, text, images, graphics and or database/s from the clients website is able to be retrieved, once the transfer of ownership is passed to the client. The Client is totally responsible for backing up, managing and securing any and all files within their website. The Client Furthermore agrees that the Client is totally responsible for rectifying, reinstalling, repairing, fixing and or mending any part or part thereof of any file, folder and or database or databases that has been compromised, damaged, deleted and or overridden. In the event that Hosting Impact is asked, by the Client to investigate initially and to repair if possible the cause of the disruption to the clients website our normal hourly commercial charges will apply and the Client agrees to pay the abovementioned charges within seven 7 days of receiving the said invoice. The Client agrees that Hosting Impact may not be able to retrieve and reinstall the abovementioned data, information, graphics and or images for any reasons whatsoever.

1.11Depending upon the Hosting Plan the client has paid for will determine the data limit amount. Should a client exceed the maximum amount of data that can be downloaded from your site each month, the client agrees to pay a per -MB fee for the excess bandwidth used, over and above what they have paid for and are entitled to. The current rate for excess data transfer is $0.08 per MB transferred from your website, once the client has exceeded their monthly data download limit. Should the client continually have excess data usage, the client may elect to upgrade their hosting account to negate the excess data rate. Should a client not pay their excess data rate, the client agrees that Hosting Impact can and will suspend their account until such time that the arrears and or excees rate have been paid.

The client agrees that Hosting Impact can suspend at any time, any client that exceeds their allocated monthly bandwidth.

2.0 Payment

2.1 The client agrees to a once off set up fee and ongoing service fees for provision of Web Hosting Services. In addition, setup fees may be charged for additional services as per prices indicated at www.hostingimpact.com.

2.2 Payment can be made by cheque, money order, direct deposit or credit card and in accordance with the payment terms indicated on the HostingImpact.com invoice, which will be forwarded to the client by postal mail or electronic mail.

2.3 Monthly accounts can only be paid monthly in advance. Quarterly and yearly accounts can be paid by Cheque, Money Order, Credit Card or Direct Deposit.

2.4 Where customers elect to pay their account on a monthly basis, the first payment from the customer will include a setup fee of $99.00 for Administration, which is non-refundable.

2.5 For clients that have paid their hosting account yearly:

2.5.1 Client will receive an invoice by postal mail or electronic mail no less than two (2) weeks prior to the due date of the invoice for the following 12 Months of hosting.

2.5.2 Where an invoice becomes more than 14 days overdue, the client's service will be automatically deactivated pending payment. A re-activation fee of $99.00 GST Inclusive will be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur where the full amount, including reactivation fee(s), is paid.

2.6 HostingImpact.com reserves the right, in its sole discretion, to deactivate the client's Web Hosting Account(s) upon an indication of credit problems including, but not limited to, delinquent payments.

2.7 For clients that have chosen to pay by credit card, our services will not be established or implemented until such time as the total funds have been cleared. This applies to the registration of Domain Names, Website Design and Hosting services offered by Hosting Impact.

3.0 Domain Names

3.1 HostingImpact.com provides no warranty or guarantee that the domain name applied for will be available for registration by you, the client.

3.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures.

3.3 You, the client, agree to irrevocably waive any claims against HostingImpact.com, Hosting Impact, their staff and any third party person, business or company that we may use from time to time that may arise resulting from the decision of a naming authority to refuse to register a domain name to You.

3.4 In the circumstances that HostingImpact.com did not register or renew your domain name, you accept that it is your responsibility to ensure that your Domain Name Licence is renewed furthermore, HostingImpact.com will accept no responsibility or liability for the renewal of your domain name.

3.5 Payment for registration or renewal of a domain name must be made prior to any action being taken by HostingImpact.com to submit the registration or renewal application to the appropriate registrar.

3.6 Should HostingImpact.com undertake the renewal of a domain name on your behalf where the original registrar for the domain is different to HostingImpact.com's registrar of choice, the successful renewal of the domain by HostingImpact.com will be dependant on your agreement to transfer the domain to our registrar of choice.

3.7 Domain registration applications will only be processed upon payment for this service and HostingImpact.com accepts no responsibility for delays in domain registration where the delay results from a third party.

3.8 Domain renewal requests will only be processed upon payment for this service and HostingImpact.com accepts no responsibility for delays in domain renewal where the delay results from a third party.

3.9 Domain registration applications and renewal requests will be processed within 1 -2 business days of receipt of payment and other required information from you, the client.

3.11 Requests to transfer ownership of a domain name to a different entity will be accepted by HostingImpact.com however, HostingImpact.com is bound by the relevant policies of the appropriate naming authority. Our standard administration Fee of $99.00 GST Inclusive applies. Domain Name fees may also apply.

3.12 Official Policy Documentation for the ".au" domain name space can be located at www.auda.org.au

3.13 HostingImpact.com's Registrar of Choice for ".au" domain name registrations and renewals is reviewed constantly. All ".au" domain registrations and renewals are bound by the Registrars policies in addition to any conditions stated in these Terms & Conditions and policies published by auDA

3.14 HostingImpact.com's Registrar of Choice for all TLD (.com, .net, .org, .biz, .info) domain registrations and renewals is reviewed constantly. All TLD domain registrations and renewals are bound by the Registrars policies in addition to any conditions stated in these Terms & Conditions and any policies published by the relevant naming authority.

3.15 In the event that the Client has an existing Domain Name and requests that HostingImpact.com provide the hosting for that Domain Name, the Client is solely responsible for the renewal of that Domain Name and HostingImpact.com accepts no responsibility with the registration, renewal or any other aspect of that Domain Name.

3.16 HostingImpact.com's offer of a Free Domain Name with every Hosting Package ordered and paid for, only applies where, HostingImpact.com has actually ordered the Domain Name with our selected Registrar.

3.17 Once a Domain Name order and payment has been received by HostingImpact.com, we will order the Client's chosen Domain Name in a timely manner. All Domains ordered and paid for are non-refundable.

4.0 Changes and/or Alterations

4.1 HostingImpact.com reserves the right to modify these Terms and Conditions in any way and at any time and as required. Notice of such changes will be delivered to users via postings on HostingImpact.com's Web Site only. Continued usage of Web Hosting Services provided by Hosting Impact indicates the client's acceptance of the Terms and Conditions in their amended form.

5.0 Trademarks and Copyrights

5.1 The client warrants that it has the right to use the applicable trademarks of Client, and grants to HostingImpact.com the rights to use such trademarks, if any, in connection with HostingImpact.com's promotion of, referencing of, cataloging of, or indexing of it's Web Hosting clients.

5.2 The client hereby agrees that any material submitted for publication and inclusion for client's website to HostingImpact.com will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.

6.0 Hardware, Equipment, and Software

6.1 The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. HostingImpact.com makes no representations, warranties, or assurances that the client's equipment will be compatible with HostingImpact.com's services.

7.0 Internet Etiquette

7.1 Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or HostingImpact.com. All messages transmitted via HostingImpact.com's service should correctly identify the sender furthermore; users may not alter the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access to said systems, networks or services.

7.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. HostingImpact.com is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network HostingImpact.com or its customers may utilise.

7.3 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. HostingImpact.com reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless HostingImpact.com from any claim resulting from the client's or another party's use of electronic mail service(s) on the client's Web Hosting account(s).

7.4 Obscene Speech or Materials -- Using HostingImpact.com's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited. Any reported breech will be investigated immediately. Appropriate Federal Law Agencies will be notified in the event of a breech.

7.5 Defamatory or Abusive Language -- Using the HostingImpact.com network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.

7.6 Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is strictly prohibited.

7.7 Other Activities -- Engaging in activities, whether lawful or unlawful, that HostingImpact.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is strictly prohibited.

HostingImpact.com reserves the right, in its sole discretion, to suspend the client's services provided by HostingImpact.com - including but not limited to web hosting services, email accounts or others - without notice upon reasonable proof of breach and or general belief that the actions of the Client and or their website are against the clauses outlined in Section 7.0 of this agreement, or indeed the entire agreement..

8.0 Shared Server Resource Abuse

8.1 HostingImpact.com allows CGI, PHP, Perl and many other normal processes used for hosting to be used on our Shared Servers. These processes can be resource intensive however, and because a Shared Server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse.

Shared servers are 'shared' and we all need to play fair. In the event a user requires more resources than is acceptable on a shared server environment, a dedicated solution, such as our VPS, dedicated or colocation services are recommended.

What does HostingImpact.com consider "System Resource ABUSE"?

Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance.

HostingImpact.com is the sole determinant of what constitutes degraded server performance.

Examples include, but are not limited to:

Flat File Database Driven Forums
Due to their use of flat files instead of databases, HostingImpact.com does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. HostingImpact.com suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and data bases are not suited to a shared server environment.

Background Running Processes
Background Daemons in general are prohibited on HostingImpact.com servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Persistent mySQL Connections:
Due to the fact that persistent mySQL connections have the ability to use considerable server resources, this configuration is not allowed on our shared servers. It is understood that in some situations, persistent connections may actually reduce resource usage on a server. However, we have found that connections are commonly not released properly and are, therefore, more detrimental to a shared hosting environment than they are helpful.

Cron Jobs
We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.

Mailing Lists
We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of Australia's Policy, Law and Regulations on Spam. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Servers to no more than 200 e-mails per hour. Spam in any way shape or form is not acceptable and identified users will be automatically suspended for an undertermined period of time.

Exploitable Scripts
Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts.

Other
Other resource intensive scripts (depending on traffic) include but not limited to: - adcycle

Other applications that are prohibited on our virtual servers include but are not limited to: - offsite search engines

Why does HostingImpact.com have this policy?

Server Speed and Fairness to others. A Shared Server is shared and as such, there are many accounts per machine. In all fairness, HostingImpact.com cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive usage by one or more clients causes extreme slowness in all areas: FTP, SSH, MySQL, Web Sites and more. If the CPU, disk I/O and/or memory usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

What happens if I violate this policy?

All accounts that are found to be using excessive amounts of system resources may receive an e-mail warning from HostingImpact.com. This warning will inform you that the site is using excessive system resources. HostingImpact.com will provide options for reducing the usage and/or upgrading your account. If Hosting Impact recognises that the situation is severe, we may suspend the account or process immediately to bring performance of the server back to an acceptable level. 24 hours notice may be given if at all possible. If you are in severe breach of this policy, your account may be cancelled immediately if we believe you have viloated, intentionally or unintentionally, this policy and your actions have had a severe detrimental impact on our server(s)

*This Resource Abuse Policy and all other HostingImpact.com policies are subject to change by HostingImpact.com without notice. Continued usage of Hosting Impact's services after a change to this policy is implemented and posted on the HostingImpact.com site constitutes your acceptance of such change and or policy. We encourage you to regularly check the HostingImpact.com site for any changes or additions.

9.0 Termination

9.1 The client may cancel the Web Hosting Services provided by HostingImpact.com upon the conditions that requests for cancellation are made in writing and sent to HostingImpact.com via postal mail to PO Box 3047 Hamilton DC, NSW, 2303 or, via electronic mail to admin@hostingimpact.com. Cancellation of any services will not take effect until such notice is received. A refund is only available if HostingImpact.com receives the cancellation request within 14 days of purchase date for the services you are wishing to cancel. Setup and Administration fees are not refundable at any time. Refunds given will be from the actual hosting fees paid, less actual usage plus administration charges of 30% per hosting account.

9.2 Within 2 business days of receipt of cancellation request, the service will be deactivated. The service (including any files, hosting space, databases or other related items) will be deleted from HostingImpact.com's servers 7 days after account/service deactivation. It is the responsibility of the client to ensure that all required data is backed up by the client prior to deletion.

9.3 Refunds will only be granted if cancellation occurs within the first 14 days of service provision. Setup and Administration fees are non-refundable.

9.4 HostingImpact.com reserves the right to suspend Web Hosting Services and any other services provided without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.

9.5 Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any client found to be Spamming will have their Web Hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming. There will be no refund of monies in the event that this clause, 8.5 is found to be acted upon.

10 .0 Satisfaction Guarantee

The client may terminate any services solicited by them from HostingImpact.com within the first Fourteen (14) days from activation of the hosting account and receive a refund, less administration fees of 30% per hosting account. A request for termination of services must be received in writing or via email as per outlined in Section 8.0, Termination. Setup fees and domain name payments are not refundable.

11.0 Privacy Policy

Agreement with, and acceptance of, HostingImpact.com's privacy policy is implied by your acceptance of these Terms & Conditions. Details of the Privacy Policy can also be located at http://www.hostingimpact.com's Web Site

12.0 Agreement

The client agrees that the abovementioned terms and conditions constitute the full and complete understanding between HostingImpact.com and the client of the obligations and responsibilities of both parties to the other.

Payment Terms

a. The client will be invoiced for One Hundred Percent (100%) of the total signed and agreed upon quote and Hosting Impact requires this amount to be paid before work will commence on the website.

b . Payments can be made by cheque, credit card or direct bank deposit.

Cancellations

a. Should the client wish to cancel his acceptance of the quote, after payment has been made, then Hosting Impact will invoice the client for any work completed to date plus administration fees of no less than 30% of total quote.

b. The client must advise Hosting Impact via electronic mail admin@hostingimpact.com and by Postal Mail, PO Box 3047 Hamilton DC, NSW, 2303 of the request not to proceed with work. Telephone calls requesting cancellation are not accepted, unless followed up with the an email or postal delivered letter.

Website Content

a. Clients are required to ensure that the content of their website meets all of the current Australian legislation regarding publications. The client shall further indemnify Hosting Impact in respect of any claims, costs and expenses that may arise from any material included in their site by Hosting Impact at the client's request.

b. Hosting Impact reserves the right not to include any material supplied by the client if Hosting Impact deems it inappropriate or offensive.

Permissions & Copyrights

a. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client and provided to Hosting Impact.

b. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to Hosting Impact that all such permissions and authorities have been obtained.

c. No responsibility will be accepted by Hosting Impact for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.

d. All original graphics designed and supplied by Hosting Impact, remain the property of Hosting Impact until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.

Errors & Liabilities

a. Hosting Impact will use all due care to ensure sites worked on by Hosting Impact are free of errors. Hosting Impact provides you the client with full and final responsibility that you are satisfied with the layout, design and information contained within the website. Any minor changes requested by you will incur no additional charges, however major changes of layout, design and inclusions of any kind will incur our standard Commercial fees and charges.

b. Hosting Impact will correct any errors or ommissions made by staff of Hosting Impact, after being notified in writing, by the client in the course of working on a client's site.

c. Hosting Impact does not accept any responsibility for losses or
damage arising from errors or ommissions within any site or if a site is not placed "live" on the Internet.

Design Phase - Website and or Logo

Hosting Impact will provide a splash/ draft webpage to the client, based on information supplied by the client within a timely manner. This splash page will be the format of the clients website. Hosting Impact will make minor changes only to the splash page before finalising the website. HostingImpact.com will provide up to 3 drafts of the clients website, based on the information provided by the client.

Client is to provide to HostingImpact.com the information required in the following format only:
Images - Jpeg
Information - Word Document

All required information for the client's website is to be delievered via email or supplied on a disk and posted to us. HostingImpact.com does not permit client's to sit with them or attend the designers workstations while the designer's are working. In the event that the Client requires personal one on one assistance, additional charges will apply.

In the event that the client requires HostingImpact.com to type the information required for their website, additional charges will apply. Our standard Commercial Charges of $88.00 per hour or part thereof will apply.

Website Maintenance

a. Any alterations,changes and or additions to the clients website eg text, pages, photos, graphics, tables, etc, after the site has gone "live" on the internet, will be charged at an hourly rate with a minimum of one (1) hour being charged or part thereof. (Please check current prices with Hosting Impact)

b. Clients requiring maintenance to their site can either choose a program that suits them, or to pay Hosting Impact on an hourly basis.

Alterations

a. Hosting Impact will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site and or makes the client's website inoperable or unable to be viewed via the internet. Such alterations include, but are not limited to, additions, modifications or deletions.

b. If Hosting Impact are required to correct any errors resulting from such alterations made by people or parties other than Hosting Impact, the client will be charged the current hourly rate.

END TERMS AND CONDITIONS
Read below for Hosting Impact's Terms and Conditions for Our Desktop Support Centre (DSC) Programme.

1. You place Our Desktop Support Centre (DSC) Icon and programme onto your desktop at your own risk. Although Hosting Impact has taken every reasonable care in producing this programme, you agree, that when you create the shortcut onto your computer and prior to, during or subsequently after the use of the programme, that you totally absolve Hosting Impact, it's employees, sub-contractors or any third party person that may be engaged from time to time, in any data loss or computer malfunction. You further agree that you are totally responsible for the decision to place the icon and programme onto your computer and to use the programme and as such you are totally responsible for the subsequent effects, if any. Furthermore, any loss of data, computer malfunction and or repairs and or repair of subsequent equipment will be your responsibility and your responsibility alone.

Questions and Suggestions

Should You have any questions or suggestions, please complete a feedback form or you can contact us via email support@hostingimpact.com.

Hosting Impact
"Creating Your Web Presence"
Effective Date: 18th August 2003
Amended Date: 1st November 2005

© Copyright 2008 Hosting Impact. All Rights Reserved Website Designed and Hosted by Hosting Impact -
" Creating Your Website Presence" 

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