Web Hosting Category Terms

1. What are these terms about?

These terms are category terms for our web hosting plans.

2. What terms apply?

These terms apply to all virtual web hosting services we provide, e.g. Web Basic and Web Professional, and form part of our customer contract with you. They must be read in conjunction with our core terms at au.pacnet.com/terms-and-conditions/ and any applicable service terms.

3. Web hosting services

3.1. Virtual web hosting services mean:

3.1.1. providing use of a virtual web server at ourdata centre;

3.1.2. allotting hard drive space on the server to the customer;

3.1.3. giving the customer pass worded FTP access to upload and update the material for its web site;

3.1.4. allocating the web site an IP address;

3.1.5. arranging for the IP address and the customer’s domain name to be registered in the DNS, where we have agreed to do this for you;

3.1.6. using reasonable endeavours to keep the web site available for access on the world wide web;

4. Service levels

4.1. There are no service levels with our virtual web hosting services, unless we agree to any in writing.

4.2. In the absence of service levels we cannot guarantee performance.

4.3. We may notify you of scheduled maintenance times which may affect performance of the service.

5. Virtual web hosting

5.1. You are responsible for the whole of the design and implementation of your web site.

5.2. Apart from the operating system and the web serversoftware on a server, any software (e.g. CGI scripts) made available by us is supplied on an as-is basis, and without any warranty, and you are solely responsible for satisfying yourself as to its suitability for your purposes.

5.3. You must:

5.3.1. not publish any content that exposes us to the risk of legal action;

5.3.2. not use the web site or allow it to be used for any unlawful purpose;

5.3.3. not use the web server for testing or developing applications;

5.3.4. not run any application on a web server that may impair the operation of the web server;

5.3.5. not store log files for longer than 30 days, otherwise we will delete them;

5.3.6. keep a backup copy of all material you upload to the web server;

5.3.7. download and backup from the web server, any data that is created on the web server as often as necessary to ensure that loss of data will not cause significant harm;

5.3.8. observe all proper practices and procedures in relation to the security of the web site;

5.3.9. remove any application that we determine to be harmful to the web site or web server;

5.3.10. indemnify us against any harm we may suffer from a breach of these obligations, or as a direct or indirect result of the publication of the web site.

5.4. If you chose to use DNS services that are not supplied by us, then we have no liability at all if those services are inadequate in any way.

5.5. We may refuse to accept as part of a web site any application that we consider may cause harm or be a security risk.

6. Disk quotas

6.1. We may specify a maximum disk quota for your web site, including its public FTP directory.

6.2. It is your responsibility not to exceed disk quotas.

6.3. You acknowledge that exceeding disk quotas may cause your web site, FTP to malfunction. If that happens, wehave no responsibility.

6.4. If you exceed your disk quota then we may impose excess charges.

7. Backup services

7.1. We will back up the virtual web server that contains your web site at our discretion.

7.2. The backup regime will not be tailored to your needs, and you are solely responsible for deciding if it is adequate for its purposes.

7.3. If you request us to restore any data, we will do so if we can from the backups then available.

7.4. If we cannot, we are not liable to anyone in any way.

8. Supported hardware and software

8.1. We will only provide supported software for use on a virtual web server.

8.2. Even in the case of supported software, we may decline to permit certain functionality to operate (for example, certain FrontPage extensions, or CGI scripts other than those supplied by us). You are responsible for familiarising yourself with what functionality is not permitted.

8.3. Subject to clause 8.4, at your request we may use software on a web server that is not supported software.

8.4. If we agree to the use of any software on a server that is not supported software, our only duty is to try in good faith to support it, and you indemnify us against all harm that anyone suffers as a result of:

8.4.1. its use or the fact that it does not work properly; or

8.4.2. our attempts to support it, even if we are negligent.

9. Supply of software

9.1. We will procure and own any software licences that are required for the purposes of these terms and specified in a product description.

9.2. Otherwise, you are solely responsible for selecting and procuring licences for any software you require for the purposes of your web site or email services, and for ensuring that it is compatible with our hardware and software.

9.3. We may change, remove or update any version of the software that runs on our web servers without notice – but where we intend to change, remove or update any software on our web servers we will endeavour to give you notice.

9.4. Where we provide updated software it is your responsibility to ensure that any updated software is wholly compatible with your web hosting requirements.

10. Acceptable use policy

You must use these services subject to our AUP.

11. Security

11.1. We will provide a firewall for the server configured in accordance with good practice.

11.2. You acknowledge that:

11.2.1. you are solely responsible for familiarising yourself with the details of the configuration of our firewall, and for satisfying yourself that it is an appropriate configuration for your needs;

11.2.2. we are not responsible for any failure of any firewall or other security hardware or software, to provide full protection of web server/s or any web site;

11.2.3. we are not obliged to alter the configuration of our firewall to suit you.

11.2.4. any degree of Internet access involves security risks, and it is not feasible to exclude all security risks, as threats to Internet security are continually being discovered.

11.3. We may block, restrict access to or block public access to web content or a web site where we believe such content or web site has been exploited or poses a security risk in our absolute discretion.

12. FTP access

Where a virtual web hosting service includes FTP access by persons other than yourself:

12.1. you are solely responsible for ensuring that the public FTP directory contains nothing that should not be available to those persons;

12.2. the public FTP directory and the material in it are taken to be part of your web site.

13. Domain names and IP addresses

13.1. Unless we agree to register a domain name for you, you must do all that is required to register and maintain registration for your domain.

13.2. Any IP address that we make available for your use always remains our sole property.

14. Excess data usage

14.1. If the volume of data coming to or from your web site exceeds any pre set quota, then you are liable for the payment of excess charges.

14.2. If you have reason to anticipate that the volume of data coming to or from your web site will vary significantly, you must give us notice immediately.

14.3. If we request it, you must in good faith give us forecasts of your anticipated requirements for disk quotas, or the volume of data coming to or from your web site from time to time.

15. Customer contract

15.1. We may delete any of your data left on a virtual web server after the end of this customer contract.

15.2. You are solely responsible for downloading any data that you wish to retain from or associated with your web site, before the end of this customer contract.

15.3. We are not responsible for the loss of any data associated with your web site because you failed to back up it up.

15.4. If any data is left on a web site the end of the customer contract, we may back it up or duplicate it in any manner we think is suitable, but we do not have to.

16. Non merger

Clause 15 continues in force after a customer contract for virtual web hosting services ends.

17. Dictionary

application software in object code and compiled/executable format
publish to make something visible or accessible by use of any service or facility we provide you
web server a server that makes a web site visible on the internet