TERMS AND CONDITIONS OF SERVICE
Between YOU and XT Internet.
By having Your website hosted by XT Internet, You agree to the following Terms and Conditions of Service.
RECITALS
This is a legal agreement between You and XT Internet.
The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources.
Before placing Your website on Servers operated by XT Internet, You must read the Agreement and accept its terms and conditions.
If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by XT Internet.
Definitions
"Agreement" means these Terms and Conditions of Service.
"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.
"Client" means any person to whom XT Internet provides the Service.
"domain parking" means one or more domain names pointing to Your website, or any part of it.
" XT Internet", "we", "our" and "us" means XT Internet.
"person" includes a corporation, a trust and a partnership.
"Servers" means all Servers owned or operated by XT Internet, and which You may access or use, pursuant to the Agreement or otherwise, as a result of XT Internet providing the Service.
"Service" means the hosting of Your website and related services on Servers operated by XT Internet, including access to Your website by You or any other person.
"website" includes all aspects of the Service (website, mail facilities, FTP access etc).
"You" and "Your" means the person who agrees with XT Internet to have a website hosted on Servers operated by XT Internet.
Order Details and Processing
You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply.
You confirm that the details You have provided to XT Internet when ordering Your web hosting account are complete and correct.
We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days.
Conduct
You must not:
* access the websites of other Clients, other than in the course of ordinary, legal, business or consumer access;
* hinder the operation of our Servers in any way;
* attempt to access or list any files and/or directories that are not Your own;
* obtain, or attempt to obtain, any system information unless it is required to complete ordinary website management tasks.
Password Security
You must keep confidential, all passwords created or used in relation to the Service.
* make any password created or used in connection with the Service, available to the public or to groups of people;
* allow the public or any other groups of people to access any of Your accounts, other than as agreed by XT Internet.
Acceptable Content
Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene, highly controversial or which encourages unlawful behaviour.
This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software.
If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice.
If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice.
No Mirroring
You must not use Your website to mirror any material on any other website without the written permission of XT Internet. XT Internet has sole discretion to determine whether to grant permission to You to mirror another website.
Additional Domains
You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/).
If You require additional domain names to be pointed at Your website, You must obtain written permission from XT Internet. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website.
You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain.
You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content.
Traffic Allowance
Your website is entitled to unlimited traffic in each calendar month unless any of the following apply to Your site:
* It contains images, CGI programs or similar content that is accessed from other websites. For example, if You run a banner advertising program and the banner is stored on Your website and accessed by the websites displaying Your banner;
* Two or more domain names are being used to access Your website. For example, if You are utilizing our Domain Parking facility to point an additional domain name at Your website then You will not qualify for unlimited traffic;
* The number of "hits" (file accesses) generated by Your site exceeds 5% of the total hits to the shared server housing Your site;
* The total traffic (in megabytes) generated by Your site exceeds 5% of the total traffic to the shared server housing Your site;
* More than 20% of Your site's traffic is from e-mail activity (that is sending, receiving and accessing messages and attachments);
* More than 20% of the traffic to Your site is from binary files (such as images, java applets, mp3 files or sound files).
If, at our sole discretion, we decide:
* Your website does not qualify for unlimited traffic; and
* The traffic to Your website exceeds 2 Gigabytes in any calendar month we may, at our sole discretion, either:
* charge You for all traffic in excess of 2 Gigabytes at a rate of AU$4.40 per 100Mb; or
* remove Your website from our Servers immediately without notice.
You acknowledge and agree that XT Internet has the sole right to determine when and where these provisions apply. Due to time constraints XT Internet cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that XT Internet has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges.
If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice.
Use of Disk Space
Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from XT Internet. You must not place "demonstration" versions of third party web pages on Your website without written permission from XT Internet. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from XT Internet.
XT Internet reserves the right to decide whether any pages on your site are in fact hosted for third parties.
You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website.
Large Files
Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 15 MB in size. Your website must contain no more than 15 "large" files. A "large" file is one that is greater than one megabyte in size. Please note too that sites offering large files for download or delivery are unlikely to qualify for unlimited traffic and may incur significant excess traffic charges.
Database Size
The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either:
* Charge You for the amount of disk space used in excess of 50MB at the usual excess disk space prices advertised on our website;
* Insist that the database size be reduced to less than 50 MB within 24 hours;
* Decline to host the database and remove it from our servers. Wherever feasible at least 24 hours notice will be provided before the database is removed.
Virus Scanning
XT Internet scans incoming and outgoing messages for viruses. However XT Internet does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, XT Internet reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus.
Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.
Backups
XT Internet will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service.
Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply.
We strongly encourage You to keep a backup of Your site on Your home or office computer.
Site Statistics
We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months.
Mail Services
All mailboxes are limited to 20 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it.
XT Internet will remove without notice any messages that have been in Your mailbox(es) for more than 120 days.
If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes.
XT Internet reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion.
Mailing Lists
If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis.
Providing Mail Services for Third Parties
You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties).
Spam (Unsolicited Email)
You must not send unsolicited email messages from a XT Internet server.
You must not use an email address or domain name that is hosted by XT Internet to send unsolicited email messages.
If You breach these conditions we may immediately terminate the Service without notice.
Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements
You must not use XT Internet Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community.
If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice.
Resource-Intensive Programs
If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
* Charge You an additional monthly amount; or
* Halt and/or prohibit the execution of the program.
Chat Rooms and IRC
Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms, IRC-related software on our Servers.
Domain Name Registration
If You choose one of our Web Hosting packages Specials with a Domain name included. You agree that this is for a minimum term of one year.
If You choose to register Your domain name through any other registrar then You will be responsible for handling the registration process and paying the necessary registration fees to Your registrar. XT Internet will, however, be happy to provide You with the technical details required to register Your domain name.
If Your domain name has already been registered we will not submit the domain names transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself.
If You require Your domain name to be changed, additional setup fees will be charged.
Technical Support
We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email at our discretion. A support fee of $25.00 per hour will be charged to your account for support beyond initial setup.
Notice
You agree to correspond with XT Internet via email. If XT Internet needs to contact You for any reason we will do so via email only.
You agree to notify us promptly of any changes to Your email address or other contact details.
Billing Cycle, Invoices and Payments
Our billing cycle is quarterly in advance. (Or for hosting packages and specials, for one year.) Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one week before each subsequent payment is due.
If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice.
Generally, all fees are non-refundable. If however we decide that exceptional circumstances apply then we will provide a refund, or partial refund, at our discretion.
Prices
Prices are subject to change without notice. Any change in monthly fees will apply to Your next hosting period, but will not be payable for Your current hosting period.
Site Suspension
XT Internet may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then XT Internet has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content.
Cancellation of Service
You may cancel the Agreement at any time by providing XT Internet with written authorization to close Your web hosting account (the Service).
We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice.
You acknowledge that XT Internet does not keep copies of files for web sites that are no longer hosted with us, and that XT Internet has the right to remove all website files at the time the Service is cancelled or discontinued.
Limitation of Liability
You indemnify XT Internet and its directors, shareholders, employees and associates in relation to any Claim as a result of:
* The Service;
* Misuse of the Servers by You or any other person;
* Your breach of the Agreement;
* Loss of data;
* Unavailability of Your website to any person; or
* Service interruptions.
If a term is implied into the Agreement by the Trade Practices Act 1974, XT Internet’s liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again.
Modifications to Service
XT Internet reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that XT Internet will not be liable to You or any other party for such modifications to the Service.
XT Internet reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the XT Internet site.
Disclaimer
We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
