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Web Hosting
Terms & Conditions of Service

12website.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

The customer or their representative signifies acceptance of the Terms of Service, Privacy Policy, Content Policy and any applicable Registrant Agreement, when they log in via FTP or use our control panel.

Privacy Policy

12website.com has a strict privacy policy. Only the individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. However, we will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Content Policy

All services provided by 12website.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law, or any International laws is prohibited. This includes, but is not limited to:
copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless 12website.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on 12website.com servers. This includes sites that links to such content. We do allow soft adult content, including sex-related merchandising on some servers. Please contact sales if you are planning to have this on your site.
If general if you are unsure whether or not your site falls into this category feel free to us with a description before signing up for an account or publish material as an existing customer.
12website.com will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to 12website.com servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
· Pirated software.
· Pornography.
· Violations of Copyrights.
· Hacker programs or archives.
· Warez sites.
· Hate propaganda
· Gaming sites
· Anime
· Top-Sites.
12website.com will be the sole arbiter as to what constitutes a violation of this provision.


MP3 and other music files

We do not allow the storage or distribution of MP3 files containing copyrighted music. You may distribute MP3 files of music you have created.

Unsolicited Commercial E-mail (SPAM)

Spamming, or the sending of unsolicited email, from a 12website.com server or using an email address or domain that is maintained on an 12website.com machine as reference is STRICTLY prohibited. As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed.
12website.com will be the sole arbiter as to what constitutes a violation of this provision.
Spamming WILL get your account terminated.


All accounts

We have found most our customers to stay within "reasonable limits" However, to maintain the integrity of our service, we must state the following restrictions:
To all our accounts applies the following restrictions:
· Multiple hosts resolving at an IP or domain name
that we provide without our prior permission.
· Sites with cgi's running from their domain used on other domains.
· Sites using more than 10% of system resources on any one server.
· Sites running daily above 1 cpu of processor power.
12website.com will be the sole arbiter as to what constitutes a violation of this provision.


Chat Rooms

We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, we provide a chat system with all our hosting plans which you may use free of charge.

Billing

Recurring Billing: We encourage you to pay by recurring direct bank transfer which may be set up at your bank.

In the event that a payment is not received we will suspend the web site and send an e-mail with instructions for reactivating.
If your web site is important, you are strongly recommended to pay by direct bank transfer.


Account Cancellations

To cancel an account please send your domain name, username and password to us.
Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have conformed by e-mail that we have cancelled it for you. If you have not received conformation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.

12website.com will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us. All accounts are RENEWED and billed automatically if no cancellation request has been received! We DO NOT refund partial fees to accounts canceling.

Correspondence

In the event of written notification of account termination being sent by 12website.com to a customer, any such communication sent by normal post shall be considered received by the customer.

Background Running Programs

CRON JOBs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC: We do not allow IRC or IRC bots to be operated on our servers.

Telnet/SSH

12website.com provides SSH (secure telnet) access on some accounts. SSH access is provided for the purpose of testing scripts and carrying out site maintenance. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities. Going outside the user's own account files will lead to immediate and permanent cancellation of SSH access.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of 12website.com is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Domain name registration

Domain names registered for use with web hosting accounts provided by 12website.com are registered in the customers name. 12website.com is listed as technical, admin (and sometimes billing) contact for the domain name. These contact details can be changed at the customers request.
Domain name registration fees are not refundable. It is the customers responsibility to ensure that all names are spelled correctly prior to ordering domain names.


Support

12website.com provides support with server side problems only. These include, non functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on.

Customers are responsible for designing and maintaining their own web sites. We do provide advice or support for any programming issues like cgi or php. We charge an hourly rate of $88; minimum 1 hour. For complex issues we may provide an estimate which may include a scoping fee.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.


Limitation of liability

Your use of 12website.com's services are at your sole risk. All 12website.com services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
12website.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the 12website.com service.


IN NO EVENT WILL 12WEBSITE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 12website.com's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of Australia. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Maroochydore, Australia and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
12website.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to 12website.com, you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't submit an order!

Violations of these Acceptable Uses Policies and Terms of Service should be referred to us.

All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.

Payment Methods

Our Preferred method of payment is via Bank Transfer
Bank: Westpac Bank,
Cnr. Jessica Blvd & Nicklin Way, Buddina, Qld. 4575, Australia

BSB: 034676
Account Number: 246129
Account name: 12website pty ltd
Swift Code: WPACAU2S (Outside Australia).