This services agreement (the “agreement”) contains the complete terms and conditions which govern your subscription of web hosting, e-commerce and other internet-related services provided by SLHosting (the “services”). As used in this agreement, “we”, “us” and “SLHosting” means slhosting.net.au, and “client”, “you”, or “your” means you. By submitting an order to us, you acknowledge that you have read this agreement, and you agree to its terms and conditions and all policies posted on our site. As referred to in this agreement, “site” refers to a world wide web site and “our site” refers to the site located at the url http://slhosting.net.au, or any other successor sites owned or maintained by SLHosting.
1. Appropriate Use of Services.
SLHosting provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. For additional information, see our Acceptable Use Policy.
1.1 Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by client – or through client by a third party – to any SLhosting server in connection with client’s use of the services which:
- violate any state, federal or foreign laws or regulations; OR
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of SLHosting or any third party; OR
- are defamatory, slanderous or trade libelous; OR
- are threatening or harassing; OR
- are discriminatory based on gender, race, age or promotes hate; OR
- violate any policy posted on the SLHosting site including, but not limited to, our acceptable use policy (includes adult content policy); OR
- Contain viruses or other computer programming defects which result in damage to SLHosting or any third party.
Client may occupy only the amount of disk space on an SLHosting server and utilize no more than the network bandwidth that is allotted by us. Some plans allow additional disk space or bandwidth to be purchased, however exceeding the limits currently assigned to your account may result in additional fees. These fees will be determined on a case by case basis – if you exceeded your bandwidth because you got “dug”, congratulations. Let us know and we will evaluate your situation. SLHosting is the sole arbiter in what determines applicable fees.
1.3 No Spam
Client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at SLHosting, or otherwise, that mentions or reference any domain hosted on our servers or parked on our dns servers. Note: this policy also applies to resellers and their resold accounts and all domains, names servers and parked domains hosted on the server.
1.4 Licensed Software
Client agrees to use only properly licensed third party software in connection with client’s use of the services.
1.5 Back-up Files
Client may have the ability to reinstate files which are automatically archived by SLHosting. However we do not guarantee the existence, accuracy, or regularity of these backup services and, therefore, client is responsible for making back-up files in connection with its use of the services. Additional data security options can be purchased if neccessary.
SLHosting reserves the right to refuse service to anyone. SLHosting, in our sole discretion, may immediately terminate this agreement if client engages in any of the forementioned. To report any unacceptable behavior by a third party using the services, please contact abuse(AT)slhosting.net.au
2. Payment Obligations
2.1 Service Fees
Each month, SLHosting shall either (i) debit client’s credit card (where such information is provided by client), (ii) deliver by e-mail or regular mail an invoice to client in accordance with the applicable services fees for services rendered for the current month. Where an invoice is delivered to client, client shall remit payment to SLHosting by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client’s failure to make timely payments to us. Certain services carry a set-up fee charged by SLHosting to client that must be paid by client in order to have use of the services. Because the services are provided on a monthly basis, client will be responsible for service fees incurred each month regardless of when client provides notice of termination. Thus, for example, if client provides notice to terminate on the 15th of a particular month, client will still owe fees for the entire month and such fees will not be pro-rated or refunded.
2.2 Domain names
If client chooses to register a domain name(s) through SLHosting, client acknowledges and agrees that client will pay a registration fee(s) to us to register the domain name(s) with the applicable domain name registrar on their behalf. SLHosting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name, as this is the policy that we operate under from our upstream registrars. Ownership of the domain will reside with client, and you will be able to transfer the domain to another registrar at any time, however this may result in termination of your hosting agreement if your hosting agreement requires a domain name to be attached.
If you ever feel that SLHosting has incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback prior to contacting us to resolve the dispute you will be responsible for a chargeback fee in the amount of $75 AUD. If you do not pay this fee then your account will be terminated immediately.
2.4 Money-Back Guarantee
If for any reason your are not satisfied with the services provided, we offer a full money back promise. Simply cancel your hosting plan within the first seven (7) days of service and we will refund your money. Some products are exempt from this guarantee, including but not limited to domain name registrations and SSL certificates. This guarantee is limited to once per client.
3. Client Liability and Indemnification
The parties agree that in no event shall SLHosting be liable to any third party for client’s breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless SLHosting from any and all expenses, losses, liabilities, damages or third party claims resulting from client’s breach or alleged breach of any client obligations set forth hereunder.
4. Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “term”) unless terminated earlier pursuant to the provisions of this section 4. Either party will have the right to terminate this agreement upon notice to the other party. If client is terminating this agreement, client must contact the SLHosting prior to the twenty-fifth (25th) of the respective month of cancellation using the options provided in the client area of our site. Any other attempt by client to cancel this agreement by written or e-mail notice shall be void. Sections 3 – 7 shall survive termination or expiration of this agreement.
If client terminates their account, client shall be allowed to re-instate client’s use of the services within seven (7) business days of cancellation. Client may be liable for a fee prior to any re-instatement of client’s account. Once payment has been received, client’s account will be activated within forty-eight (48) business hours. SLHosting will maintain an archival copy of client’s web site for up to seven (7) days after we receive notice of cancellation as per section 1.5 of this agreement. Thereafter, client will need to place a new order if they wish to resubscribe to the services.
Client is responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on SLHosting’s net income.
6. Disclaimer of Warranty
The services, SLHosting site, including without limitation, all products and services displayed or offered on the our site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. SLHosting disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. While everything possible will be done to ensure the smooth operation and security of our infrastructure, without limiting the generality of the foregoing, SLHosting specifically disclaims any warranty that (1) the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.
7. Limitation of liability
In no event shall SLHosting be liable for damages resulting from loss of data, profits, use of the our site or any of our products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder.