Use of Avanti Hosting Service constitutes acceptance and agreement to Avanti Hosting’s AUP as well as Avanti Hosting’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Avanti Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Queensland, Australia applicable to contracts enforceable in that state. Venue will be Brisbane, Queensland.
- Disclosure to Law Enforcement: The AUPspecifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Avanti Hosting shall have the right to terminate all services set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by Avanti Hosting are subject to the current tax rate as imposed by the Australian Government which is currently 10%. The above applies to all accounts and services provided by Avanti Hosting to individuals and other entities which for taxation purposes are considered Australian. Individuals and other entities which are not considered Australian for taxation purposes do not attract the 10%.
- Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 25 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $15 late fee. Accounts that are not collectable by Avanti Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $100 nor more than $300. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Refund and Disputes: All payments to Avanti Hosting are nonrefundable. This includes any time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Avanti Hosting’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Avanti Hosting an “Administrative Fee” of not less than $100 and not more than $300. All disputes will be dealt with strictly in the Victoria legal system unless otherwise stated in writing.
- Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Once the minimum contract period is over, or your service is on a month-to-month plan, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 60 days’ notice.
Once your defined minimum service period has been met, your service will automatically operate on a month to month plan by default unless a new agreement has been entered into. A month to month plan begins upon the invoice issue date 3 weeks before the monthly billing cycle commences.
A 60-day notice period is required to terminate services in which it takes effect when all previous commitments have been fulfilled.
By default, your minimum commitment period is on a month to month basis unless otherwise specified in your agreement.
- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Avanti Hosting on behalf of the account holder a handling fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Avanti Hosting will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Avanti Hosting on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
- Support Boundaries: Avanti Hosting, provides limited technical support during business hours. We limit our technical support to our area of expertise. The following are our guidelines when providing support: Avanti Hosting provides support related to your virtual site physical functioning. Avanti Hosting does not offer tech support for application specific issues such as CGI programming, html or any other such issue. If you can email, we encourage you to email firstname.lastname@example.org assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
- SPAM and Unsolicited Commercial Email (UCE): Avanti Hosting takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Avanti Hosting may not use or permit others to use our network to transact in UCE. Customers of Avanti Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Avanti Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Avanti Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Avanti Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Avanti Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Avanti Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Avanti Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Avanti Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- IP Address Ownership: If Avanti Hosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Avanti Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Avanti Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Avanti Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Avanti Hosting, and Avanti Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Avanti Hosting will monitor Customer’s bandwidth and disk usage. Avanti Hosting shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Avanti Hosting’s sole and absolute discretion. If Avanti Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the Avanti Hosting Network. Violations of system or network security may result in civil or criminal liability. Avanti Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Notification of Violation:
- Avanti Hosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPhas occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Avanti Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Avanti Hosting’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
- Second Violation: Users that Avanti Hosting determines to have committed a second violation of any element of this Acceptable Use Policyshall be subject to immediate suspension or termination of service without further notice.
- Suspension of Service or Cancellation: Avanti Hosting reserves the right to suspend network access to any customer if in the judgment of the Avanti Hosting network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUPor for any other reason which Avanti Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
- Indemnification: Avanti Hosting wishes to emphasize that in agreeing to the Avanti Hosting Acceptable Use Policy (AUP)and Terms of Service (ToS), customer indemnifies Avanti Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Avanti Hosting or the bringing of any claim against Avanti Hosting by any third-party. This means that if Avanti Hosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Avanti Hosting, plus all costs and attorney’s fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at any time without further obligation.
- Avanti Hosting takes no responsibility for any material input by others and not posted to the Avanti Hosting Network by Avanti Hosting. Avanti Hosting is not responsible for the content of any other websites linked to the Avanti Hosting Network; links are provided as Internet navigation tools only. Avanti Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
- Avanti Hosting is not responsible for any damages your business may suffer. Avanti Hosting does not make implied or written warranties for any of our services. Avanti Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Avanti Hosting.