Web Hosting Terms & Conditions
By placing an order with The Online Director, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client : You, Your, The company or individual requesting or currently using the services of The Online Director.
The Online Director: We, Us, Our, The Online Director PTY LTD, network and employees or affiliates.
The Online Director will carry out work only where an agreement is provided either by email or mail. An ‘order’ is deemed to be a written contract between The Online Director and the client, this includes email agreements.
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation or supply are estimates and we do not guarantee or imply activation or supply within the quoted time frame. We may delay or refuse activation or supply if:
- Payment is not cleared or received in full.
- We believe the order, information or payment is fraudulent.
- You have any funds outstanding with relation to any other account.
- The domain name quoted does not exist, is in a non-usable state (e.g pending renew, dropped from registry etc) or deemed to be proposed for use that voids our Acceptable Use policy.
- There is any other reason which we deem satisfactory.
We may send notification of hosting activation or supply, however:
- Your contact details must be correct and up to date
- This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.
Loss of service
We will endeavour to maintain network stability and satisfactory service levels, however:
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. Our convenient times may not be in line with your preferred times, however we have the final decision on when any work is carried out.
- We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by The Online Director, our suppliers or any third party.
- We may, at our discretion provide notification of outages whether planned or unplanned.
- You release us from any claim or potential claim with relation to outages and any loss of business, data or service suffered by you or any third party.
- Down time can never be 100%, guaranteed.
We run weekly and monthly backups of all web hosting accounts and does not include virtual dedicated server, dedicated servers and or other services. Our backups that are run weekly and monthly are a free complimentary service. There is no guarantee on any backups we do! Backups are the FULL responsibility of the client. The Online Director will not be held accountable for data loss of any kind to live data and or backups.
If any payment due from the client to The Online Director is not received by the due date, The Online Director gives a 7 day grace period, after this date your account will be suspended until payment or a payment arrangement has been approved and received. If you have multiple services under your account and any invoice is overdue, we have the right to suspend and or terminate all services within your account regardless or other service payments being up to date or paid in advance held under the account.
Suspension and termination
We reserve the right to suspend/terminate any/all services, including domain names if:
- You have any outstanding invoice or invoices within the account as a whole.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive actives, or any activity in breach of a third party’s rights.
- We deem your use of our services may jeopardize the operation of the service, The Online Director or our suppliers.
- We deem any other reason as satisfactory to protect The Online Director, our staff, customers and/or our suppliers.
- Once a suspension/termination has been put in place, we will not activate the account again until payment or a payment arrangement has been approved and received.
- Your website, emails and any functionality of your account becomes an issue to the point it is no longer in our best interest to keep the website on as an account.
Acceptable use policy
It is your responsibility at all times to:
- Use our service and services in a manner which does not violate any applicable laws or regulations
- Respect the conventions of the newsgroups, lists and networks that you use
- Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
- Respect the privacy of others
- Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
- Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
- Ensure your use of our services remains ethical and in accordance with accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
It is not acceptable to use our service(s) to:
- Violate copyright or other intellectual property rights;
- Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
- Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
- Misrepresent or defame others
- Commit fraud
- Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
- Damage, modify or destroy the files, data, passwords, devices or resources of The Online Director, other users or third parties
- Engage in misleading or deceptive on-line marketing practices;
- Conduct any business or activity or solicit the performance of any activity that is prohibited by law
- Make an unauthorised transmission of confidential information or material protected by trade secrets
- “Spam” or engage in “spamming” activities
- Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
- Post or transmit defamatory, harassing, abusive or threatening language
- Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
- Facilitating a violation of this Acceptable Use Policy
- Perform any other action through utilization of any service which we deem unsatisfactory
- Attempt to do any of the above
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
Any breach of our AUP can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.
Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee’s asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with The Online Director
- Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
- Any breach of any representation or warranty provided herein
- Any negligence or wilful misconduct by you
- Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
- Any defective products sold to customers from our server
By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.
Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify The Online Director. Failure to provide such confirmation may be considered a breach of this agreement.
We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by The Online Director, our employees or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
All Renewals of web hosting contracts will be refunded if The Online Director is notified 15 days before any invoice due date. No refunds will be granted for notifications received after this date. Any invoice generated that has a invoice due date 15 days prior to cancellation request must be paid in full still.
It is important for users to contact The Online Director at least 15 days before the renewal date to request non-renewal, cancellation, termination, make any contract length changes, and upgrades/downgrades, etc. This will avoid double work for the renewal billing department and less confusion for you. Please note that contract length changes cannot be processed after the renewal date has passed.
If you know in advance you do not want to renew, You must cancel formally using email and it must be from the registered authorised clients email address. Phone or any other type of communication requests will not constitute acceptance of any cancellation.
Acceptable Use Policy
Our Acceptable Use Policy also applies to these terms and conditions. Our acceptable use policy can be found here.