Terms of Service

General Terms

  • Support is provided by e-mail/ telephone or live chat, live-chat can be off-line at times. Web Choice Online always tends to address your query ASAP.
  • We do not allow Adult, illegal content on the server. Web Choice Online has the right to remove any content which is considered as harmful to the server or others.
  • Your virtual space is for your/or your clients' personal use only. You must not reveal the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. Web Choice Online 's is responsible for maintaining the security of your uploaded content.
  • You may not run server processes (eg. talkers/IRC Bots) from your virtual server. Web Choice Online has the right to remove any harmful scripts and files.
  • We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
  • When your account is closed, all files (including web pages, etc.) will be deleted along with backups.
  • We reserve the right to amend and update these terms and conditions at any time without notice.
  • To protect your privacy we never distribute your name or e-mail address to any third parties.
  • Users may not use Web Choice Online 's servers to participate in any form of un-solicited bulk e-mailing or spam.
  • By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
  • There may be a limit to the email accounts that you may create for company use and employees depending on the package you choose. You may not resell email accounts, aliases or auto responders or bundle them with a service that is sold or offered to your customers or clients, without the express written permission of Web Choice Online .

Bandwidth

  • " Each virtual account includes a nominated amount of bandwidth, if you use more than these amounts then you agree to pay for this bandwidth at a rate of 50Cents per 1MB.

Web Pages

  • Commercial use of web and ftp space is permitted.
  • You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Australian law.
  • You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
  • We reserve the right to refuse to host material deemed inappropriate.

LEGAL TERMS AND CONDITIONS

Introduction

Web Choice Online strives to offer all its clients a reliable and excellent level of service. If you have any queries we would like to hear these. Please e-mail us at [email protected] or see the "About Us" section at the site for other contact details.

Definitions

In these conditions, unless the context requires otherwise, the following words shall have the following meanings.


  • "CIS" means the customer information sheet/E-mail issued to you by Web Choice Online from time to time and which includes information on the Services including without limit Passwords, bandwidth and scope of services.
  • "Client" / "you" or "their" means the person, firm or company that has requested any Services from Web Choice Online ;
  • "Conditions" means the standard terms and conditions of sale set out herein;
  • "Contract" means any contract for the provision of the Services;
  • "IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
  • "Passwords" means those words notified to you by Web Choice Online which control your access to some of the Services including without limit your password and username;
  • "we" or "us" means Web Choice Online Pty Ltd(ACN: 134 962 922);
  • "Netiquette" means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person;
  • "Server" means the computer servers used to provide the Service;
  • "Services" means any services supplied or to be supplied by Web Choice Online (which may include without limit E-mail Forwarding, E-mail, POP accounts, e-commerce, Web Site Hosting, FTP access, Domain Name Registration) as described in the quote or acknowledgement of order issued by us or as may be agreed from time to time;
  • "Site" means the Internet web site at www.webchoiceonline.com.au .

Acceptance of Terms

  • The Conditions set out the only terms on which Web Choice Online is prepared to provide you with the Services. The Conditions shall apply to all Contracts and by ticking on accept (where you request the Services at the Site) and/or or by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Web Choice Online reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions; you agree to be bound by such changes. Please visit this page on a regular basis in order to remain informed of any changes to these terms and conditions.

Registration

  • Where appropriate, you agree to provide such information about yourself as prompted by the Service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate the Contract or suspend the Services until such time as we determine.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Higher Server plan. Web Choice Online shall be the sole arbiter of what is considered to be a high server usage level. Clients are advised to consider a higher plan if the allocated/paid service is not sufficient. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Web Choice Online does not permit CGI script sharing with domains not hosted by us or any scripts that may be abused.

Chat Rooms

Web Choice Online does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, we provide Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs

Web Choice Online may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-Commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Web Choice Online at [email protected] so that we can arrange set-up.

IRC

Web Choice Online does not allow IRC or IRC bots to be operated by Web Hosting customers.

Software Distribution

Web Choice Online Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact [email protected] to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Web Choice Online Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on Web Choice Online 's Web Hosting servers shall be limited in size to 20% of the total disk space allotted for that particular domain's plan/web hosting account.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited for Web Hosting and E-Commerce customers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

  • YOU responsible for the security proper use of Keywords must take all necessary steps ensure that they are kept confidential, used properly and not disclosed to unauthorised people.
  • You must inform us immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way or of any other breach of security.
  • We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will be entirely liable for all activities conducted and charges incurred under your Passwords or your mishap whether authorised by you or not.
  • If you forget any Password you should contact us and subject to you satisfying certain security checks you will be given a new Password to enable you to use the Services. You may change your password and registration details on-line at any time at the Control Panel.

The Services

  • The Services shall be as described in the Site and such other material as Web Choice Online provides to you from time to time such as without limit the CIS. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that Web Choice Online shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We will restore the Service as soon as reasonably practicable after temporary suspension.
  • Unless otherwise agreed in writing by Web Choice Online , the service is provided on a month to month basis.
  • Web Choice Online shall be entitled to restrict bandwidth made available to the Client at any time in order to protect all and any Internet solutions provided by Web Choice Online from time to time when necessary.
  • Web Choice Online shall use its reasonable endeavours to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.

Illegal Use

Web Choice Online servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Web Choice Online 's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Web Choice Online server, and selling or distributing software (on a web site residing on a Web Choice Online server) that facilitates spamming. Violators will be assessed a minimum fine of AU$100 and will face immediate suspension. Web Choice Online reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Web Choice Online 's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Web Choice Online 's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Pornography

The use of Web Choice Online 's services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. Web Choice Online is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through, its services.

Registration of Domain Names

The following shall apply where the Services include or consist of domain name registration services:


  • The Client acknowledges that, whilst Web Choice Online shall use its reasonable endeavours to successfully register the requested domain name, Web Choice Online shall not be obliged to accept any request to register or continue to process any registration of a domain name. Renewing their domain name is totally customer's responsibility.
  • The obligations of Web Choice Online in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. Web Choice Online will use reasonable endeavours to notify you of any renewal dates however Web Choice Online accepts no liability for any use or retention of any domain name which is registered.
  • Web Choice Online makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
  • The Client shall check the domain name as reported on any of the Company's documents sent to the Client, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Client should notify the Company promptly and in any event within 24 hours of receiving such document.
  • The Client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by Web Choice Online .
  • Web Choice Online may from time to time change the registrar that a domain is held with. The Client agrees to allow Web Choice Online to do so as it sees fit and without notice.
  • At this stage we only offer domain registrations to clients who are purchasing a hosting package. Domain registration will not be provided on it's own till advised by Web Choice Online .
  • Web Choice Online will not be liable to any mishap caused by clients while registering their domain name, clients are highly advised to provide accurate details and to verify them in the domain registration process.

Obligations of the Client

The Client agrees that it shall:

  • Immediately notify Web Choice Online if it becomes aware of any unauthorised use of all or any of the Services and/or Servers;
  • Not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under Australian law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed;
  • Not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of Web Choice Online may harm Web Choice Online or any of its clients or bring Web Choice Online into disrepute or may call into question any action taken by Web Choice Online on the Client's behalf;
  • Not use the Services and/or Servers in breach of good Netiquette practices;
  • Not provide any technical or other information obtained from Web Choice Online and/or relating to the Services or the Contract to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any Australian law or regulation;
  • Not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Web Choice Online or any other services offered by Web Choice Online from time to time;
  • Ensure that all material or data hosted by Web Choice Online on any web site operated by the Client from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;
  • Keep back ups of all data hosted by Web Choice Online on any web site operated by the Client from time to time; and
  • Promptly notify Web Choice Online in writing of any change to its communication address and the Client acknowledges that Web Choice Online shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to Web Choice Online .
  • The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that Web Choice Online shall have no obligation to:
    a) manipulate any material which the Client wishes and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or
    b) validate or vet such material for usability, legality, content or correctness.
  • The client acknowledges that Web Choice Online is not liable for maintaining backups of client's Internet web site/E-mail hosted by Web Choice Online or any other services offered by Web Choice Online from time to time; Web Choice Online shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result.

Price

  • The current price payable for the Services shall be published on the Site from time to time and confirmed at the time you request us to provide any of the Services. The price is non-refundable. Web Choice Online shall be entitled to vary its prices from time to time however we shall give you at least one month's notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
  • The price covers permitted bandwidth (monthly transfer limit) as stated on your CIS/E-mail. If you exceed this limit then Web Choice Online reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the Site. We will let you know if your bandwidth use exceeds the agreed level.
  • All prices quoted to the Client for the provision of services by Web Choice Online are inclusive of any value added tax. Services should be purchased by pre-paying for 1 year along with any additional setup fee if incorporated.

Payment

  • Currently payment is by cash/cheque or direct money transfer only.
  • The client will be invoiced for non-refundable thirty percent (30%) of the total project cost and web choice online requires this amount to be paid before work will commence on the website/project.
  • Where the Services include or consist of registration of domain name services, Web Choice Online shall be entitled to receive payment from the client and pay this over to the appropriate naming authority. Failure for any reason by the Client to make payment will entitle Web Choice Online to release the Client's domain name without any liability for loss suffered by the Client howsoever arising. Client acknowledges that Web Choice Online will not start the domain registration process before the payment is fully made.
  • It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Web Choice Online in recovering overdue amounts and shall pay interest at annual rate of 5% calculated daily until payment is made in full.
  • Failure to settle all amounts within 7 days of the due date will result in us withholding of further services and/or suspension of existing services.
  • Where a site has been suspended, a reconnection fee of AU$75 shall be payable before the site will be reactivated.

Termination

The Contract may be terminated:

  • Immediately by Web Choice Online if the Client fails to pay any sums due hereunder within 7 days of their due date;
  • Immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic e-mail to remedy the same;
  • Immediately by written notice from Web Choice Online if the Client commits any material breach of any these conditions which may impact the Services or Servers of Web Choice Online or the ability of Web Choice Online to provide the services;
  • In the event that Web Choice Online is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period Web Choice Online shall determine.
  • Upon termination or expiry of the Contract all amounts payable by the Client to Web Choice Online shall become immediately due and Web Choice Online shall be entitled to immediately cease the provision of the Services.

Intellectual Property

  • All IPRs relating to the Services provided by Web Choice Online are and shall remain the property of Web Choice Online . All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of Web Choice Online or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.
  • Web Choice Online and all other names, images, pictures, logos and icons identifying Web Choice Online or its services are trade marks of Web Choice Online in Melbourne, Australia. Other product and company names mentioned on this Site may be trade marks of their respective owners.

Indemnity

  • The Client agrees to fully indemnify and keep Web Choice Online , its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to Web Choice Online at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).