Helpwise Web Hosting Terms and Conditions
In order to maintain our system integrity and resources we expect our customers to act responsible. When you use any helpwise.com.au service, in any form, you automatically agree to the following Conditions:
We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used.
In short:
No adult content (Pornography)
No online gambling
No Spam, No unsolicited e-mailing
No Warez, cracks, copyright infringement
Specific Acceptable Use Policies
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.Unauthorized use of other people’s accounts or computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
E-mail is a person-to-person medium, not a broadcast medium
Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with the Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC
We do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
All accounts are set up on a pre-pay basis.
All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services.
Cancellation
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation.
Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of our yearly web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract excluding overages.
Domain Registration fees are not refundable at all.
No refund is available after the 30th day.
Due to security concerns, all account cancellations must be done in writing via mail with a valid signature of the primary contact of the account, account name, reason for cancellation.
We also accept account cancellation submitted from the registered email address of the account holder.
Phone requests will not constitute acceptance of any cancellation.
If payment was made by check or bank transfer, payment will be made by company check within 15 days of receipt of cancellation.
Use of Service
You agree that use of our services is at your own risk. The services are provided by Helpwise on an “AS IS” and “AS AVAILABLE” basis. Helpwise expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.
Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees.
We reserves the right to revise the policies at any time.All end-users, resellers and dedicated servers of us must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
All Prices are in AU dollars.
Intellectual Property
All website programming and technology remains the Intellectual Property of Helpwise. Any website that is built and hosted by Helpwise is the property of Helpwise and has a permanent license to be used by the customer. Intellectual Property of the Customer remains with the Customer, and is limited to content and information provided to Helpwise by the customer.
Any release of Helpwise Intellectual Property to a 3rd party by the customer will be considered theft and dealt with by the appropriate authorities. If a Customer wishes to move their services away from Helpwise hosting then please contact us and we will be happy to work with you to provide you with your Intellectual Property in an electronic form.