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Terms and Conditions of Service
1. General

1.1 The terms and conditions outlined below are designed to protect and benefit all clients.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

1.2 Definitions

  • "Web5star", "we", "our" and "us" means Five Star Web Hosting Services.
  • "person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
  • "You", "you", "Your" and "your" means the person who agrees with Web5star to have a website hosted on Servers operated by Web5star.
2. Order Details and Processing

2.1 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.

2.2 You confirm that the details you have provided to Web5star when ordering your web hosting account are complete and correct.

2.3 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.

3. Conduct

3.1 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.

4. Password Security

4.1 You must keep confidential, all passwords created or used in relation to the Service. You must not:

  • 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 Web5star.

5. Acceptable Content

5.1 Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling- related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour.

5.2 This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software. We may however accept some types of adult site contents upon approval from Web5star.

5.3 If we determine, at our sole discretion, that your site contains any unacceptable content, or a link to any unacceptable content, we will request that the unacceptable content be deleted. If our request is ignored we may cancel your Service immediately, and without notice.

5.4 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.

6. No Mirroring

6.1 You must not use your website to mirror any material on any other website without the written permission of Web5star. Web5star has sole discretion to determine whether to grant permission to you to mirror another website.

7. No Web Cams

7.1 Your site on our servers should not include any video content or file that uses "Webcam" for any commercial or personal exhibition without the prior authorisation from Web5star. Eventually, if you would like to use this service and as long as the content to transmit keeps a direct relationship with the purpose for which the website was setup and generated, you must apply specifically to Web5star who, at its own discretion, will be empowered to authorize or deny such a request.

This condition does not refer to the use of a "Webcam" to chat with another person because in this case you will be using the bandwidth provided by your ISP (Internet Service Provider).

8. Submitting Site Details To Third Parties

8.1 You are welcome to submit your site details to search engines, directories and other sites subject to the following restrictions:

  • 8.1.1 You must not submit the URL (web address) of any Free-For-All Link Page (or similar page or script) to automatic Free-For-All Link Page submission engines. If such an engine lists your script or page and commences submissions to your script or page, you must remove the script or page from your site immediately.
  • 8.1.2 When providing your site details to third parties you must specify the location of your site using your domain name only, and not your site's IP address. For example, you may tell third parties that the location of your site is www.you.com, or You.com, but must not specify the location of your site using an IP-based format like: 1.2.3.4/you/ where 1.2.3.4 is your site's IP address.

9. Additional Domains

9.1 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 Web5star. 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.

9.2 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.

9.3 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.

10. Traffic Allowance

10.1 If, at our sole discretion, we decide that your site has received more traffic than the traffic allowed for your plan in any calendar month then we may, at our sole discretion, either:

  • 10.1.1 charge you for all traffic in excess of your allowable number of Gigabytes at a rate of AU$2.40 for each 1GB or part thereof; or
  • 10.1.2 remove your website from our Servers immediately without notice if deemed to be have been an abuse of bandwidth.
10.2 You acknowledge and agree that Web5star has the sole right to determine when and where these provisions apply. Due to time constraints Web5star 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 Web5star 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.

10.3 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 suspended.

11. Use of Disk Space

11.1 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 Web5star. You must not place "demonstration" versions of third party web pages on your website without written permission from Web5star. That is, third party web pages must not be housed within your site regardless of the reason, unless you have written permission from Web5star.

Web5star reserves the right to decide whether any pages on your site are in fact hosted for third parties.

12. Large Files

12.1Sites 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 50MB in size.

13. Database Size

13.1The combined total size of your MySQL, flat-file and other databases must not exceed 50% of your total allocated disk space. If more than 50% of disk space is used for these databases, we may, at our sole discretion, either:

  • 13.1.1 Charge You for the amount of disk space used in excess of 50% of allocated disk space at the usual excess disk space prices advertised on our website;
  • 13.1.2 Insist that the database size be reduced to less than 50% of total allocated disk space within 24 hours;
  • 13.1.3 Decline to host the database and remove it from our servers. Wherever feasible at least 48 hours notice will be provided before the database is removed.

14. Virus Scanning

14.1 Web5star scans incoming and outgoing messages for viruses. However Web5star does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Web5star 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.

14.2 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.

15. Backups

15.1 Web5star will backup your website regularly. These backups are intended to provide protection in case of any failure with the Service.

15.2 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.

15.3 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.

15.4 We strongly encourage you to keep a backup of your site on your home or office computer.

16. Site Statistics

16.1 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.

17. Mail Services

17.1 You determine the size of the POP Mail Boxes. If you leave the emails sitting in their respective mail boxes, we recommend to check regularly the used capacity of the mail box since once the mail box is full it will stop receiving mail.

17.2 If you set your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must not be less than 10 minutes.

17.3 Web5star 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.

18. Mailing Lists

18.1 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.

19. Providing Mail Services for Third Parties

19.1 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).

20. Spam (Unsolicited Bulk Email)

20.1 You must not send unsolicited email messages from a Web5star server.

20.2 You must not use an email address or domain name that is hosted by Web5star to send unsolicited email messages.

20.3 If you breach these conditions we may immediately terminate the Service without notice.

21. Sites Advertised Through SPAM (Unsolicited Bulk Email) or Unsolicited Newsgroup Advertisements

21.1 You must not use Web5star 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.

21.2 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.

22. Resource-Intensive Programs

22.1 If you install and run a resource-intensive program on our Servers we may, at our sole discretion:

  • 22.1.1 charge you an additional monthly amount; or
  • 22.1.2 halt and/or prohibit the execution of the program.

23. Prohibited Scripts

23.1 We reserve the right to disallow installation and/or execution of any script if the script contains at least one security fault, programming fault, or is too resource intensive.

23.2 The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is banned on our servers because it can be easily exploited by spammers. Additionally, any scripts which are based on Matt Wright's FormMail code are banned on our servers. However please note that an alternative, secure, version of FormMail can be installed easily through our Control Panel. The alternative version of FormMail is a drop-in replacement for the Matt's Script Archive version of FormMail so will work with forms written for the Matt's Script Archive version of FormMail.

24. Chat Rooms and IRC

24.1 Chat rooms tend to monopolise system resources and for that reason you must not install chat rooms, IRC-related software on our Servers, except when this facility is used to service your own customers.

25. Domain Name Registration

25.1 Domain name registration fees are not included in our prices unless we explicitly state otherwise (for example, as part of a special offer). 

25.2 If your domain name has not been registered yet, you will be responsible for handling the registration process and paying the necessary registration fees to your registrar. Web5star will, however, be happy to provide you with the technical details required to register your domain name.

25.3 If your domain name has already been registered we will not submit the domain name transfer request for You, but will provide you with the name server information you need to arrange the transfer yourself.

25.4 If you require your domain name to be changed, additional setup fees will be charged.

26. Technical Support

26.1 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 and/or our online Support Request Form at our discretion.

27. Notice

27.1 You agree to correspond with Web5star via our Support Request Form. If Web5star needs to contact you for any reason we will do so via email only.

27.2 You agree to notify us promptly of any changes to your email address or other contact details.

28. Additional Conditions for Specials

28.1 If you purchase your account in response to a special offer advertised by us (such as a discounted web hosting plan), then additional and/or alternative terms and conditions may apply. Details of such additional and/or alternative terms and conditions are disclosed on the relevant pages on our website (that is, on the pages which outline the details of the special offer you have chosen) and form part of this Agreement. If the additional and/or alternative terms and conditions are inconsistent with this document, then the affected clauses in the additional and/or alternative terms and conditions will override the conflicting clauses in this document.

29. Billing Cycle, Invoices and Payments

29.1 Our billing cycle is quarterly in advance, unless you are paying the account on an annual basis. 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.

29.2 You agree to supply full payment for the services received from us, on or before the time period during which such services have been provided or are to be provided. You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.

29.3 You agree that you are solely liable for arranging that your services are renewed, and that Web5star shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services.

29.4 A late Fee of AU$5.50 will apply to overdue accounts. If your payment is overdue for more than 15 days then your website(s) may be suspended and/or removed from our Servers. If your account is suspended, please note that full charges will continue to apply until the account is fully cancelled. We reserve the right not to provide support services while the account is overdue.

29.5 If you accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to your Web5star account. At your request, we may consider refunding the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges.

29.6 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.

30. Prices

30.1 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. For existing customers, please refer to our Guarantees.

31. Site Suspension

31.1 Web5star may, at its sole discretion, suspend or deactivate your website and revoke your access to our Servers. For example, your site may be suspended or deactivated for late payment, or Server abuse.

32. Cancellation of Service

32.1 You agree that you are liable for all services that have been rendered on your behalf until a termination of service request has been officially received in writing from You.

32.2 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.

32.3 You acknowledge that Web5star does not keep copies of files for web sites that are no longer hosted with us, and that Web5star has the right to remove all website files at the time the Service is cancelled or discontinued.

33. Modifications to Service

33.1 Web5star reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that Web5star will not be liable to you or any other party for such modifications to the Service.

33.2 Web5star 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 these Terms and Conditions are updated on the Web5star site.

34. Right to Outsource

34.1 At our sole discretion, we may outsource the Services or the performance of any work, or part thereof, relating to the Services to any party as we see fit.

35. Intellectual Property

35.1 You agree to indemnify, hold harmless and defend at your own expense us from and against any and all Claims for infringement of copyright, patents, trade marks, industrial designs or other intellectual property rights issued under the laws of any country where the copyright, patents, trade marks, industrial designs or other intellectual property were provided by you, or where you represented, expressly or impliedly, that the copyright, patents, trade marks, industrial designs or other intellectual property were your intellectual property.

35.2 We undertake to give you prompt notice of any Claim described above that is made against us or any of our subsidiaries, dealers or customers and you will forthwith defend any such Claims and make settlements thereof at your own expense.

35.3 You acknowledge that any and all of the copyright, patents, trade marks, industrial designs or other intellectual property rights used or subsisting in or in connection with our business, marketing and/or support material relating to our business and all documentation and manuals relating thereto are and will remain our property and you will not, during or at any time after the expiry or termination of this Agreement, in any way question or dispute the ownership by us thereof.

35.4 You will not, during or after the expiry or termination of this Agreement, without the prior written consent of us, use or adopt any name, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name, trading style or commercial designation used by us.

36. Severability

36.1 If any part of this Agreement is deemed to be unenforceable or otherwise invalid then that will not affect the validity nor enforceability of any other parts of this agreement.

37. Force Majeure

37.1 Neither party will be liable to the other party in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure.

38. Waiver

38.1 Failure or neglect by us to enforce, at any time, any of the provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement or prejudice our rights to take subsequent action.

39. Headings

39.1 The headings of the terms and conditions contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement.

40. Assignment

40.1 You may not assign, attempt to assign nor otherwise transfer any right or obligation arising out of this Agreement without our written consent.

41. Limitation of Liability

41.1 You indemnify Web5star 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 Terms and Conditions;
  • 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, Web5star'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.

42. Disclaimer

42.1 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.

AGREEMENT

TERMS AND CONDITIONS OF SERVICE BETWEEN you AND Web5star By having your website hosted by Web5star, you agree to the above Terms and Conditions of Service. RECITALS This is a legal agreement between you and Web5star. Before placing your website on Servers operated by Web5star, 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 Web5star. Definitions "account" means all aspects of the Service provided to you under this Agreement. "Agreement" means these Terms and Conditions of Service. "Claim" means any action, claim, demand, cost, loss, damage, (whether special, indirect, consequential, general or any other damage), expense or other liability (including for death and injury, and the costs of defending or settling any Claim) whether arising in contract, negligence or any other tortious action. "Client" means any person to whom Web5star provides the Service. "domain parking" means one or more domain names pointing to your website, or any part of it. "Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bans, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism. "Servers" means all Servers owned or operated by Web5star, and which you may access or use, pursuant to the Agreement or otherwise, as a result of Web5star providing the Service. "Service" means the hosting of your website and related services on Servers operated by Web5star, including access to your website by you or any other person. "website" includes all aspects of the Service (website, mail facilities, FTP access etc).

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