eTourism Hosting Terms & Conditions
Website Hosting Terms & Conditions
1. The Agreement:
1.1 This document is the terms and conditions of use of the eTourism Hosting services supplied to customers and customers agents (such as web authors). It is important to read them carefully as compliance is a condition of use of the service. These terms and conditions are applied from the date the service is established by eTourism. These terms and conditions supersede all previous arrangements, written or implied.
1.2 Changes to the Agreement: This document shall be made available from the eTourism web site (www.etourism.com.au) and may be changed or updated without notice. Prices or terms may change and once posted on the eTourism web site for 30 days, continued use of the service is considered acceptance of any changes. It is your responsibility to review these Terms from time to time so you will be aware of any changes.
1.3 Indemnification: Client agrees that it shall defend, indemnify, save and hold eTourism harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, ("Liabilities") asserted against eTourism, its agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by its clients, agents, employees or assigns. Client agrees to defend, indemnify and hold harmless eTourism against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with eTourism’s Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Client sold on the Server.
2. The Hosting Services:
2.1 eTourism will provide you (the client) with the Service using shared infrastructure. The features of your Service, and the levels of storage space and traffic that are permitted, depend upon your selected Plan and what Add Ons you select and are specified in the Plan Terms and the Add On Terms.
2.2 eTourism will provide you with at least one logon name and password to allow you to access the control page (which may be used by you to configure various features of your Service).
2.4 You must adopt appropriate measures to ensure the security of your logon name, password and Data.
2.5 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this agreement.
2.6 The Service is provided from data centres in Australia. eTourism will determine, in our absolute discretion, the location from which your Service is provided from time to time.
2.7 You grant to us all rights, consents, permissions and licenses necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Data for the sole purpose of performing our obligations under this agreement or any law.
2.8 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time.
2.9 If eTourism issue you with an invoice for any fees payable under this agreement, you must pay the invoice within your contracted payment terms after the invoice date.
2.10 If you provide us with your credit card details, you authorise us to charge all fees and charges to your credit card, and to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You also authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees.
2.11 You must indemnify us, our employees, contractors and agents against all damages, costs, charges, liabilities and expenses arising out of or in connection with:
(a) the use or attempted use of the Service by a person (including you) using your logon name and password with, or without, your authority;
(b) any fault in the Service due to your negligence or willful misuse, or any unauthorised use of the Service; and
(c) your breach of this agreement.
2.12 eTourism exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
2.13 eTourism may from time to time without notice suspend or disconnect the Service or deny access to the Service:
(a) during any technical failure, modification or maintenance of the Service, provided that eTourism use reasonable endeavors to resume the Service as soon as reasonably practicable; or
(b) eTourism consider that you have failed to comply with any provision of this agreement (including failure to pay fees or charges due), or you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service.
2.14 You remain liable to pay all fees and charges set out in this agreement during any period of suspension or disconnection or denial of access.
2.15 eTourism may (without notice) remove, amend or alter any Data:
(a) upon being made aware of any claim or allegation, or any court order, judgment, determination or other finding of a court or other competent body, that the Data is illegal, defamatory, offensive or in breach of a third party's rights (including intellectual property rights and moral rights); or
(b) if eTourism consider that you have failed to comply with any provision of this agreement.
2.16 eTourism are not required to provide you with a copy of your Data if:
(a) eTourism suspend or disconnect your Service or deny access to the Service;
(b) remove, amend or alter your Data; or
(c) this agreement is terminated (for any reason).
(d) If eTourism provide you with a copy of your Data, then eTourism are entitled to charge you an additional fee calculated at the hourly rate set out in the Plan Terms for the time taken for us to recover and provide you with that data.
3. Email messages:
3.1 eTourism set limits on the size of emails sent to or by you, the period for which email messages can be stored and the maximum disk space that will be allotted on eTourism servers for your Service.
3.2 eTourism will delete any electronic mail message sent by you or addressed to you if:
The size of the mail message addressed to you (including attachments) exceeds your Mail Quota; OR The size of the mail message sent by you (including attachments) exceeds 5 MB; OR The total of your undeleted messages (including attachments) exceeds your Mail Quota; OR You have not deleted the message within 60 days of it becoming available to you (whether read or unread). eTourism recommend that you delete emails on a regular basis. Once deleted, the message will not be able to be retrieved.
3.3 eTourism will delete any electronic mail message where the message has been stored in the Deleted, Spam, or Outbox folders 7 days after the message becomes available to you or was sent by you.
3.4 If eTourism delete any electronic mail messages under the terms of this agreement eTourism are not required to notify you or the sender of the mail message(s).
3.5 If your Service is cancelled, eTourism may delete any stored or received emails in your email account.
4. Guarantees of Service:
4.1 eTourism do not guarantee any of these services. From time to time unforeseen circumstances may cause interruption to the service. eTourism will make every effort, within reason, to provide an uninterrupted hosting service but are not responsible for any loss, cost or liability due to an unscheduled outage. All Hosting servers are monitored 24 hours/ day, 7 days/ week.
4.2 eTourism will archive your Data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, eTourism will use reasonable endeavors to restore your Data from the last known good archive. Notwithstanding our backup regimes, you must maintain a recent copy of your Data at your premises at all times. You will ensure that all of your Data is accessible by us at the time that a backup is to be carried out (including ensuring that files are not locked or in use during this time). You acknowledge that any of your Data that is not accessible by us at the time that a backup is carried out will not be backed up. eTourism do not warrant that backups will: (a) occur on every scheduled occasion, (b) be complete; or (c) be uncorrupted. eTourism will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Data recovered from our backups where eTourism have acted with reasonable care. Retrieving a web site from eTourism backup will incur a cost based upon our engineers hourly rate, currently $180/hour.
5. Customer Responsibilities:
5.1 to send, display, access, make available, publish, distribute or be otherwise involved in material which is obscene, defamatory or is, or would be regarded by eTourism, acting reasonably, as, in all the circumstances, offensive;
5.2 which is, or which would be considered by a reasonable person to be, offensive or abusive;
5.3 which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
5.4 to engage in any misleading or deceptive business or marketing practice;
5.5 that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
5.6 to send, cause the sending of or otherwise be involved in the sending of, SPAM or USENET SPAM; SPAM means (i) unsolicited commercial electronic messages as defined in the Spam Act 2003 (Cth) sent in breach of the Spam Act; or (ii) Bulk electronic messages of any kind (including email, fax, SMS and ICQ messages). Bulk means 20 electronic messages over a 10 minute consecutive period.
5.7 You must not purchase, create, use, distribute, sell or otherwise be involved in software, services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of, SPAM or USENET SPAM.
6. Domain Name Registrations:
6.1 eTourism register domain names on behalf of customers in addition to providing hosting services and should you (the customer) request such a service you recognise that a number of third parties are involved in the process. At time of writing Net Registry (www.netregistry.com.au) and Go Daddy (www.godaddy.com) are the third parties and on their respective web sites a number of terms and conditions exist that are applicable when eTourism registers domain names on your behalf. All applications for domain names must be in writing.
6.2 The terms and conditions in this document apply to domain name registration unless technically irrelevant.
7.1 eTourism offers phone, fax and email support for these services within our office business hours: 8.30am to 5pm Monday to Friday (less Queensland public holidays).
7.2 Client agrees eTourism is in no way responsible for support for editing or configuring of scripts, web pages, FTP transfer of files, problems that are the responsibility of your ISP, or any thing else that is not server specific related.
8.1 Payment of the published service is due upon receipt of invoice and the terms of that invoice. Domain Name Registration fees and Server Co-location setup fees are payable in advance and these services will not commence until payment has been processed or management approval.
8.2 For most hosting services customers have the choice of monthly or annual payments. The discounted annual payments for hosting services are not refundable but may be credited on a pro-rata basis toward other eTourism services (this does not apply to the DN03 Domain Hosting only service).
8.3 Internet access to the servers is at the customers cost.
9. Suspension and Termination:
9.1 Service may be interrupted or disabled on accounts that reach 15 days past due. Cheques returned for any reason are subject to a $20.00 fee. Service/s interrupted or disabled for non-payment are subject to a $110.00 reconnection fee for each service in addition to full payment of the balance due on the account.
9.2 Cancellations must be received in writing and although no notice is required and there is no cancellation fee, all fees paid up to the notice of cancellation and for the month in advance are non-refundable. We do not refund partial monthly fees. If you are not fully paid up at the time of cancellation then you will remain responsible for all money owed on your account from the time of establishment to the time you notified eTourism of your cancellation in writing, together with that months fee in full. A notice period and cancellation fee may be required when included in bundled services E.g. Boost Direct Marketing Strategy.
9.3 All delinquent accounts that have not been paid in full after 60 days will be sent to a collection agency. At this time eTourism will terminate the service and remove any hosting services provided. Should this occur and a reconnection is subsequently effected a fee of 25% of the overdue amount in question is payable, together with the reconnection fee. eTourism also reserves the right to recover the outstanding payment through legal action.
9.4 eTourism reserves the right to cancel a hosting agreement at anytime by providing 7 days written notice. The written notice can be supplied via email, fax, or post to the customer details on file.
9.5 All accounting issues should be addressed to [email protected].
10. Complaints Process:
10.1 Any complaints regarding the nature of the service should in the first instance be directed to eTourism management. A prompt response shall be made. In the unlikely event that the eTourism response be unsatisfactory to the customer, advice from a third party may be appropriate.