###IMPORTANT
YOU MUST READ THIS BEFORE YOU CONTINUE###
Definitions
“Qbit
Computer“refers to Uptime Computer Management trading as Qbit
“you” refers to the client of Qbit Computer as either an
individual or an individual representing a legal entity
Account
Setup
We
will setup your service(s) and unless otherwise advised trading terms are
strictly seven days. In the event that you fail to settle your account by the
due date your service(s) may be suspended without notice. Only when funds are
cleared will your service(s) be removed from suspension. Please provide us with
an email address, which is not at the domain you are signing up under.
Only
the authorised person listed on the account will have access to the account. Qbit
Computer will also verify your identity by asking security questions, as
required by the privacy laws in Australia. The client agrees to provide this
information before assistance can be provided to them.
By
signing up with Qbit Computer you understand and agree that you are:
1.
Over 18 years of age, or
2.
Under 18 years of age and have obtained parental permission to use our products
and services.
Domain
names
Domain
names are governed by our domain name service agreements. By registering or
transferring a domain name you agree and are bound by these agreements.
Content
All
products and services provided by Qbit Computers may only be used for lawful
purposes. This includes, but not limited to copyrighted material, or material
we judge to be threatening, obscene and pornography. We do not allow pornographic
sites. You agree not to host such material.
You
agree to indemnify and hold harmless Qbit Computers from any claims resulting
from the use of our services.
Examples
of unacceptable material:
IRC
Bots
Warez Sites
Pirated Software
Running processes which cause the server to crash or become non-responsive
Illegal sites, content or software
Proxy servers or other servers
Hate sites
Pornographic sites
Hack programs and archives
Spamming related sites
Extremists sites
Phising sites
Other sites where numerous complaints are received
Zero
Tolerance Spam Policy
We
take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double option" will
be treated as spam.
Qbit
Computers reserves the right to require changes or disable as necessary any web
site, account, database, or other component that does not comply with this
policy, at its sole discretion. Qbit Computers also reserves the right to make
any such modifications that are urgent at our sole discretion.
Qbit
Computers reserves the right to charge the holder of the account used to send
any unsolicited e-mail a clean up fee. This cost of the clean up fee is left
entirely to the discretion of Qbit Computers. All rights reserved.
Website
Backups
You
agree you will only perform backups of your site, databases, web space, etc,
using the backup function in your hosting control panel between the off peak
hours of 11.30pm Australian Eastern Standard Time and 7am Australian Eastern
Standard Time. Using the backup function outside of these times may result in
your account being suspended, as outlined below.
The
backup function in your control panel uses high server resources and may cause
the server to become less responsive, affecting the web site performance for
other users.
Your
use of our products and services is at your sole risk. Qbit Computers is not
responsible for files and data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all appropriate
backup of files and data stored on Qbit Computers servers.
If
you require Qbit Computers to retrieve any data from our backups or restore
your account from a backup, there will be a $30.00 non-refundable charge. We
provide backup tools in your control panel which will allows you to perform
backups of your account when required, or you can always download your web site
files from our server for off-site storage.
Payment Information
You
agree to supply appropriate payment for the services received from Qbit
Computers Web Hosting, in advance of the time period during which such services
are provided. You agree that until and unless you notify Qbit Computers of your
desire to cancel any or all services received, those services will be billed on
a recurring basis.
Qbit
Computers reserves the right to change the monthly advertised price and any
other charges at anytime. Current customers will be notified prior to any
change in their billing cycle charges.
Payment
must be made within 7 days to avoid account suspension.
All
goods and services purchased for which payment has not been received in cleared
funds, remains the property, internet property and intellectual property of Qbit
Computers Web Hosting.
Your
account will not be created until funds have been received in cleared funds. It
is your responsibility to ensure we have received funds by the due date to
avoid suspension and/or termination of our products and services. If you have
made payment and would like to cancel your account before it is activated, you
will receive a refund, minus a $10.00 administration charge, to cover our bank
fees, postage charges, fraud screening and company administration.
Once
you have requested a product or service from Qbit Computers, you become
personally liable for the amount owing.
You
agree to be liable for all administration and debt recovery costs incurred in
collection of outstanding amounts (debt).
30
Day Money Back Guarantee
Qbit
Computers will provides a 30 Day Money Back Guarantee on our full featured
hosting, Windows hosting and Reseller Hosting packages effective 8pm,
18/04/2005 until withdrawn by Qbit Computers Web Hosting. The 30 Day Money Back
Guarantee only applies to our hosting products only, as specified above and
does not apply to domain names or any other product sold by Qbit Computers or
sold as an agent for another entity. To redeem the 30 Day Money Back Guarantee,
Qbit Computers must receive and process your cancellation request within 30
days of your initial signup. Requests received and/or processed after this date
will not be honored. You can cancel your hosting by email your request to techsupport@qbit.com.au
If
you have breach our terms and conditions, the 30 day money back guarantee does
not apply.
The
30 day money back guarantee does not apply if Qbit Computers has provided you
with a free trial before you decide to join or if you are upgrading to a higher
hosting package with a money back guarantee, as you have already used our
services.
Account
suspension
We
reserve the right to suspend your account if you have an outstanding invoice
for more than 14 days. If your invoice remains unpaid for a further 14 days, we
reserve the right to cancel your account(s).
Your
information may then be passed onto a collections agency for debt recovery, if
for a further 60 days your account remains unpaid.
We
reserve the right to suspend your account at any time for breaching our terms
and conditions, for initiating in activities which may reduce the security of
other web sites on our servers, or where Qbit Computers has been given
misleading or false information regarding the type of web site to be hosted or
the customer information provided has been inaccurate or false.
If
your account has been suspended due to non-payment, Qbit Computers will not
provide support to the client until their account has been paid in full.
Qbit
Computers will provide you a reason why your account was suspended and allow
you one opportunity to clarify and resolve the reason for your account
suspension with 12 hours of notifying you of the problem. If your account is
suspended for the same/similar reason in future, a $30.00 account reactivation
fee will apply to cover the administration time involved, per incident.
Misc
Information
Microsoft
FrontPage 98 extensions are not supported by our systems, as Microsoft has
removed support for this version of FrontPage. FrontPage Extensions 2000+ are
supported.
Support
Website Support is available by visiting the support section of the Qbit
Computers website, ringing our support line 6364 0400 by
emailing techsupport@qbit.com.au.
Cancellation
Qbit
Computers reserves the right to cancel the account at any time. If your account
has been terminated for breaching our terms and conditions, no refunds will be
given.
Any
proof of misleading or giving false information to the company or its
employees, including, extortion, harassment, abuse or other unlawful activities
will lead to automatic cancellation of your account without refund. This can be
email, live chat, telephone or in any form where staff are threatened or
abused.
You
can cancel your hosting at any time by emailing techsupport@qbit.com.au.
Other requests to cancel your account are not considered official and your
request will be ignored. Cancellation requests received after the package
renewal date will be processed, however you may not receive a refund for the
current billing cycle.
No
refunds or credit will be given if you cancel your account or downgrade to a
lower package.
Domain
names, SSL certificates, Site Studio and account add-ons are non-refundable.
Resource
Usage
Users
may not initiate the following:
Use
25% or more of system resources for longer then 90 seconds. There are numerous
activities that could cause such problems; these include: CGI scripts, scripts,
FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Bandwidth
Usage / Disk Space
It
is your responsibility to upgrade your account and monitor your usage.
You
are allocated a monthly bandwidth allowance. This allowance varies depending on
the hosting package you purchase. Should your account pass the allocated amount
you will be required to upgrade your bandwidth usage and/or disk space.
Our
system will automatically suspend your account if you exceed all of your
allocated resources. We reserve the right to suspend the account until the
start of the next allocation or until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for the overages.
Unused
transfer in one month cannot be carried over to the next month.
Price
Change
We
reserve the right to change prices listed on the Qbit Computers website, and
the right to increase the amount of resources given to plans. You will be
notified by email before any price changes are implemented to their account. It
is your responsibility to ensure your email address listed in our billing
system is functional and working and can accept email from us.
Indemnification
You
agree that you shall defend, indemnify, save and hold Qbit Computers harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Qbit Computers, its agents, its
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, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Qbit Computers against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Qbit Computers; (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
customers from Qbit Computers' servers.
Disclaimer
Qbit
Computers will not be responsible for any damages your business may suffer. Qbit
Computers makes no warranties of any kind, expressed or implied for services we
provide. Qbit Computers disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays, no
deliveries, wrong delivery, and any and all service interruptions caused by Qbit
Computers and its employees.
Changes
to the Terms and Conditions
Qbit Computers reserves the right to revise its policies from time to time. By
continued use of our services, you agree to and are bound by the updated terms
and conditions, which can be accessed on our web site at any time.
End
of Document
