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 Web5star 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.

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.

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.

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.

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.

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.

Your site must not contain any "Web Cam" content.

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

• 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.
• 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.

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.

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.

If, at our sole discretion, we decide that Your site has received more than 20 gigabytes of traffic in any calendar month then we may, at our sole discretion, either:

• charge You for all traffic in excess of 20 Gigabytes at a rate of US$4.00 per 100MB or part thereof; or
• remove Your website from our Servers immediately without notice.

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.

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 web site.

There is a limit to the number of files which can be stored on Your website. The limit varies depending on which hosting plan You are on. You can have up to 5,000 files on our Personal Advantage plan, up to 10,000 files on our Business Domination plan, and up to 20,000 files on our Corporate Supremacy plan.

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 50MB in size.

The combined total size of Your MySQL, flat-file and other databases must not exceed 50Mb. If more than 50Mb 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.

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.

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.

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

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.

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.

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.

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. Web5star 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.

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.

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.

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).

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

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

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

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.

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.

If You decide to use our Short Message Service (SMS) facilities then You acknowledge and agree that:

• Each SMS message sent will cost You one "SMS credit". Your website will be allocated three free SMS credits. After those credits are used, You will need to purchase further SMS credits from us, at our prevailing prices, in order to use the SMS facilities we provide;
• Unless otherwise stated, SMS credits expire after 12 months. That is, from the date you purchase them, you have 12 months to use them or they will automatically expire without refund;
• We have the sole right to determine how many SMS credits You have consumed, and to determine how many SMS credits remain available to You;
• You are solely responsible for ensuring that You have sufficient SMS credits in Your account to cover the charges for any SMS messages You wish to send;
• SMS messages will not be delivered to You if You do not have sufficient SMS credits available;
• Our systems will determine whether our over-the-air transmission of each SMS is successful. If we determine that the message was sent successfully over-the-air then an SMS credit will be deducted from Your account, whether or not You actually received the message. This is necessary because it is possible for an SMS message to leave our network successfully, but fail to reach You due to problems beyond our control, such as a problem with Your phone or a problem with Your cellphone or mobile phone service. Given that we incur the expense of sending each SMS the moment it successfully leaves our network, an SMS credit will be deducted from Your account in all cases where the message exits our network successfully;
• We are not responsible in any way, shape or form, for any damage or inconvenience to You or any other party, as a result of any SMS message failing to reach its destination (usually Your phone);
• While we strive to maximize the reliability of our SMS service and provide these services in good faith, we rely on third-party providers for message delivery and therefore make no guarantee about the reliability or performance of our SMS services;
• Insist that the database size be reduced to less than 50 MB within 24 hours;
• We have a comprehensive worldwide SMS coverage area but make no guarantee that any particular network will be able to receive messages from our service. We provide three free SMS credits on each website so that You can determine whether SMS messages can be sent successfully to Your phone before needing to purchase SMS credits.

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.

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.

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.

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

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.

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.

If You require Your domain name to be changed, additional setup fees will be charged.

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.

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.

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

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.

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.

A late Fee of AU$5.00 (plus GST for Australian accounts) will apply to overdue accounts. If Your payment is overdue more than 30 days then Your website(s) may be suspended and/or removed from our Servers without notice. We reserve the right not to provide support services while the account is overdue

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.

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 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.

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.

You may cancel the Agreement at any time by providing Web5star 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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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