Infinite Web Hosting Terms and Conditions

Introduction
By using Infinite Web Hosting, you agree to comply with our terms and conditions. You are expected to have access to a computer which is connected to the Internet to use our services and we expect you to possess a basic knowledge of the Internet and computer function. The spirit of this policy is to guide you to use our services with due regard to the rights of other Internet users and in conformity with our network environment. If however you do require any assistance, please do not hesitate to contact us.

Definitions
Provider: Infinite Web Hosting
User/Client: In the instance where company name/association name is provided at first User sign up, the User will be the Company/Association. In the instance where no company/association name is provided at first User sign up, the User will be the deemed to be the individual listed on the contact details.
Package: Domain registration, re-registration, hosting plan

Disclaimer
The Client is the person or entity who is applying or who is receiving Web Hosting Services and/or domain registration from Infinite Web Hosting. The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. Infinite Web Hosting gives no warranty, express or implied, for the Web Hosting Services provided. This no warranty expressly includes any reimbursement for losses of income due to disruption of services by Infinite Web Hosting or its providers beyond the fees paid by client to Infinite Web Hosting for services. The client will agree to use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government. Use of any information obtained by way of Infinite Web Hosting is at Client's own risk and Infinite Web Hosting holds no liability for such use. Infinite Web Hosting is not responsible for any damages arising from Client's use of Infinite Web Hosting or by Client's inability to use the Web Hosting services for any reason. While Infinite Web Hosting shall make every reasonable effort to protect data stored on Client's Server(s), Infinite Web Hosting is not responsible for Client's Data, files, or directories residing on Infinite Web Hosting's equipment. The client is solely responsible for maintaining data, file, and directory structure backups. The client is required to provide Infinite Web Hosting with correct and up to date contact details for billing and technical notification purposes. Infinite Web Hosting takes no responsibility for disruption to services due to inability to contact the client.

Ownership of Website
If you have previously developed, planned and created source and object code for purposes of creating an operational Web site. The Website is owned exclusively by you or your agents.

Suspension of User Account
Outstanding invoices/ debts relating to any Package under a User account can result in all Packages been suspended, without notice.
If a User is suspended for not keeping contact details up to date and are subsequently reactivated there can be a $10 Plus GST fee incurred. If a User is suspended any previous deals/special offers can be withdrawn. The User will be required to move to the closest appropriate Package that is available at that point in time if they are reactivated.

Illegal Usage
Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The Client agrees to indemnify and hold harmless Infinite Web Hosting from any claims resulting from the use of the service that damages the Client or any other party. Infinite Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse
Any attempts to undermine or cause harm to an Infinite Web Hosting server or Client of Infinite Web Hosting is strictly prohibited. Any sub-networks of Infinite Web Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.

Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Infinite Web Hosting shall be the sole arbiter of what is considered to be a high server usage level. Any site which has a negative impact on the server may be suspended without notice.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Infinite Web Hosting server or using an email address that is maintained on a Infinite Web Hosting machine or advertising a site hosted on a Infinite Web Hosting machine is STRICTLY prohibited. Infinite Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through an Infinite Web Hosting server as a mail drop for responses, you are in breach of this provision. Any user who breaches this clause will face immediate account suspension and any account balance outstanding shall become immediately due and payable. The user also indemnifies Infinite Web Hosting for any liability, loss or expense incurred by Infinite Web Hosting as a result of the user’s breach of this condition and it agrees to attend to immediate payment of any costs incurred by Infinite Web Hosting as a result of the same. If you are in any doubt you should contact us prior to sending any mail. Refunds will NOT be issued for suspended or deleted accounts

Billing
You will receive email notification one (1) month prior to your hosting term expiring. At that time you can choose to cancel or continue. If payment is not received by the date stated on the invoice your account will be suspended and any domain names purchased via Infinite Web Hosting will be forfeited. Billing for Australian based hosting - billing is performed quarterly, half yearly or annually, depending on the package chosen.

Refunds
We offer a 30 day money back guarantee. If you are not 100% satisfied within the first 30 days of hosting with us please contact our accounts department for a complete refund. NB: This offer applies to web hosting only, domain names and security certificates are not included in this offer. Hosting accounts cancelled after this period will not be refunded.

Limitation of Liabilities
YOU AGREE THAT NEITHER INFINITE WEB HOSTING NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL INFINITE WEB HOSTING OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY INFINITE WEB HOSTING OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON INFINITE WEB HOSTING’S SITES, YOUR USE OF, OR INABILITY TO USE INFINITE WEB HOSTING’S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER INFINITE WEB HOSTING OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, Infinite Web Hosting maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Client for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement.

Modification
Infinite Web Hosting reserves the right to add, delete, or modify any provision of this Usage Policy at any time without notice.

Agreement and Acceptance
In order to maintain a high quality of service all sites and web hosting plans are subject to the terms and conditions of the Infinite Web Hosting Acceptable Use Policy. Sites can be cancelled without refund and Clients and/or their agents may be subject to legal prosecution if found in violation. Placing an order and subsequent submission to a server of web site data, including files, images and text are proof of the Client's agreement and acceptance of the terms and conditions of the Acceptable Use Policy. Clients agree they have read and understood the terms and conditions of the Acceptable Use Policy before ordering any plan