Legals

1.1 General

OzHosting.com is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy. Please note that by visiting and using www.ozhosting.com or www.ozhosting.com.au, or any derivative thereof, you are accepting the practices described in this Privacy Policy.

1.2 What information is OzHosting.com gathering about its visitors and how is it being used?

Every computer connected to the Internet is provided with a domain name (e.g. myhostingprovider.com) and an IP Address (e.g. 192.164.13.145). When a visitor requests a page from within the OzHosting.com site, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:

1. 1. The IP Address of the Site that may have Referred you.
2. 2. Your IP Address.
3. 3. The Web Page that you may have linked to us from, if any.
4. 4. The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 6.0)
5. 5. The Operating System platform that you may be running (e.g. Macintosh or Windows)
6. 6. Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)
7. 7. There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose of this information is actually two-fold. One, OzHosting.com has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.

1.3 What about cookies?

Cookies are small pieces of data that are transferred to your computer’s hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The OzHosting.com website utilizes cookies as a means of providing personalisation features to our visitors. For example, we utilize cookies to remember settings (background music selections, wallpapers preferences, etc.) that you may have made at our website.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

1.4 What other information does OzHosting.com request?

We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict “No Spam” policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.

In addition, OzHosting.com will not send you e-mail that you have not agreed to receive. If you are a member of our Mailing List, you will be contacted with announcements, news, portfolio additions, and new products or services. You have the option of “Unsubscribing” from our Mailing List at any time, thereby disabling any further such e-mail communication from being sent to you. If you wish to have specific communications with a member of the OzHosting.com staff, you will be required to provide specific information that will be routed to the appropriate contact within OzHosting.com.

1.5 What information does OzHosting.com collect when I purchase something?

If you purchase something, such as hosting plan service or a physical product such as a T-Shirt, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking, we will need:

1. 1. Your Name
2. 2. Billing Address (for Credit Card Orders)
3. 3. Shipping Address
4. 4. Domain Information (New Registrations and Modifications)
5. 5. Additional Contact Information (for Domain Registrations)
6. 6. E-Mail Address
7. 7. Phone Number
8. 8. Credit Card; Details can be securely entered via the Payment Methods link in the Control Panel.

Note; your credit card details are not held held or stored by OzHosting.com after processing.

We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.

1.6 Will OzHosting.com disclose the information collected to third parties?

OzHosting.com will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

1. 1. Conform to the edicts of the law or comply with a legal process served on OzHosting.com.
2. 2. Protect and defend the rights or property of OzHosting.com, or visitors of OzHosting.com.
3. 3. Identify persons who may be violating the law, the legal notice, or the rights of third parties.
4. 4. Cooperate with the investigations of purported unlawful activities.

OzHosting.com uses reasonable precautions to keep the information disclosed to us secure. OzHosting.com reserves the right to transfer information in connection with the sale of all or part of OzHosting.com capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. OzHosting.com also provides “links” to a wide variety of other websites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those websites to determine their privacy policy.

Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

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By purchasing Microsoft services through Ozhosting.com Pty Ltd the purchaser agrees to be bind by the applicable Terms of Service as published by Microsoft from time to time. The purchaser expressly authorises Ozhosting.com Pty Ltd to accept such terms on behalf of the purchaser.

2.1 General

a. Right to Use. We grant you the right to access and use the Online Services and to install and use Software included with your Subscription, as further described in this agreement. We reserve all other rights.

b. Acceptable Use. You will use the Product only per the Acceptable Use Policy. You may not reverse engineer, decompile, disassemble or work around technical limitations in the Product, except where applicable law permits it despite this limitation. You may not disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters your use of the Product. You may not rent, lease, lend, resell, transfer, or host any Product to or for third parties.

c. Use Rights. The Online Services Terms in effect on the Effective Date will apply to your use of the Product for the initial Term of the Subscription. For any renewal Term, the Online Services Terms in effect on the date of renewal will apply. The use rights and Microsoft’s process for updating them are detailed in the Online Services Terms.

d. Choosing a Reseller. You must choose and maintain a Reseller authorised in your region.

e. Reseller Administrator Access and Customer Data. You acknowledge and agree that (i) once you have chosen a Reseller, that Reseller will be an additional administrator of the Online Services for the Term, and you will be unable to choose another Reseller for the Online Services during the Term, unless otherwise permitted by Microsoft; (ii) Reseller will have the same administrative privileges and access to Customer Data as your own administrator; (iii) Reseller’s privacy practices with respect to Customer Data or any services provided by Reseller may differ from the privacy practices of Microsoft; and (iv) Reseller may collect, use, transfer, disclose, and otherwise process Customer Data, including personal data. You consent to Microsoft providing Reseller with information that you provide to Microsoft and Customer Data for purposes of ordering, provisioning and administering the Online Services.

f. Eligibility for Academic and Government Versions. You agree that if you are purchasing an academic or government offer, you meet the respective eligibility requirements for a Qualified Educational User or Qualifying Government Entity published at http://www.microsoftvolumelicensing.com Microsoft reserves the right to verify eligibility at any time and suspend the Online Service if such eligibility requirements are not met.

2.2 Confidentiality

To the extent permitted by applicable law, the terms and conditions of this agreement are confidential. Unless otherwise agreed, you may not disclose these terms and conditions, or the substance of any discussions that led to them, to any third party other than your Affiliates or agents, or to designated or prospective Resellers who: (a) have a need to know such information in order to assist in carrying out this agreement; and (b) have been instructed that all such information is to be handled in strict confidence.

2.3 Orders, prices, term, termination & suspension

a. Orders.

(i) Orders must be placed through your designated Reseller.
(ii) You may increase the quantity of Product ordered during the Term of a Subscription. Additional quantities of Product added to a Subscription will expire at the end of that Subscription.

b. Available Subscription Offers.

(i) Commitment Offering. You commit in advance to purchase a specific quantity of Services for use during a Term. With respect to Microsoft Azure Services, additional or other usage (for example, usage beyond your commitment quantity) may be treated as a Consumption Offering. Committed quantities not used during the Term will expire at the end of the Term.
(ii) Consumption Offering (also known as Pay-As-You-Go). For Microsoft Azure Services only, your Reseller will bill you based on your actual usage of the Online Services.
(iii) The Subscription offers available to you will be established by your Reseller.

c. Pricing and Payment. You acknowledge that your prices for each Product and terms and conditions for invoicing and payment will be established by your Reseller.

d. Renewal. The Term of your existing Subscription will automatically renew unless you provide your Reseller with notice of your intent not to renew prior to expiration of the Term of the Subscription. Microsoft may require you to sign a new agreement, a supplemental agreement or an amendment before processing a renewal.

e. Taxes. The parties are not liable for any of the taxes of the other party that the other party is legally obligated to pay and which are incurred or arise in connection with or related to the transactions contemplated under this Agreement, and all such taxes shall be the financial responsibility of the party who is obligated by operation of law to pay such tax.

f. Duration of agreement and Termination. This agreement will remain in effect for the Term of any Subscription purchased hereunder. You may terminate this agreement at any time by contacting your designated Reseller. The expiration or termination of this agreement will only terminate your right to place new orders for additional Products under this agreement.

g. Termination for breach. Either party may, on written notice to the other party, terminate this agreement if the other party materially breaches this agreement. Except where the beach is by its nature incapable of being cured within 30 days, the terminating party must give the other party 30 days prior written notice and opportunity to cure.

2.4 Security, privacy & data collection

a. You consent to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this agreement. You may choose to provide personal information to Microsoft on behalf of third parties (including your contacts, resellers, distributors, administrators, and employees) as part of this agreement. You will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft.

b. Additional privacy and security details are in the Online Services Terms. The commitments made in the Online Services Terms only apply to the Online Services purchased under this agreement and not to any services or products provided by your Reseller.

c. You consent and authorize Microsoft (and its service providers and subcontractors), at Reseller’s direction or as required by law, to access and disclose to law enforcement or other government authorities data from, about or related to you, including the content of communications (or to provide law enforcement or other government entities access to such data).

d. As and to the extent required by law, you shall notify the individual users of the Online Services that their data may be processed for the purpose of disclosing it to law enforcement or other governmental authorities as directed by Reseller or as required by law, and shall obtain the users’ consent to the same.

e. You appoint Reseller as its agent for purposes of interfacing with and providing instructions to Microsoft for the purposes of this Section 4.

2.5 Warranties

a. Limited warranty.

(i) Online Services. We warrant that each Online Service will meet the terms of the applicable SLA during the applicable Term. Your only remedies for breach of this warranty are those in the SLA.
(ii) Software. We warrant for one year from the date you first use the Software that it will perform substantially as described in the applicable user documentation. If Software fails to meet this warranty we will at our option (1) return the price paid for the Software or (2) repair or replace the Software.

b. Limited warranty exclusions. This limited warranty is subject to the following limitations:

(i) any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
(ii) this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement, or resulting from events beyond our reasonable control;
(iii) this limited warranty does not apply to problems caused by the failure to meet minimum system requirements; and
(iv) this limited warranty does not apply to free, trial, pre-release, preview or beta Products.

c. Disclaimer. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.

2.6 Defense of claims

a. Defense. We will defend you against any claims made by an unaffiliated third party that a Product infringes its patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third party that any Customer Data (i) infringes the third party’s patent, copyright, or trademark or makes unlawful use of its trade secret or (ii) arises from violation of the Acceptable Use Policy.

b. Limitations. Our obligations in Section 5a will not apply to a claim or award based on: (i) Customer Data, non-Microsoft software, modifications you make to the Product, or materials you provide or make available as part of using the Product; (ii) your combination of the Product with, or damages based upon the value of, a non-Microsoft product, Customer Data or business process; (iii) your use of a Microsoft trademark without our express written consent, or your use of the Product after we notify you to stop due to a third-party claim; or (iv) your redistribution of the Product to, or use for the benefit of, any unaffiliated third party.

c. Remedies. If we reasonably believe that a claim under Section 5a may bar your use of the Product, we will seek to: (i) obtain the right for you to keep using it; or (ii) modify or replace it with a functional equivalent and notify you to stop use of the prior version of the Product. If these options are not commercially reasonable, we may terminate your rights to use the Product and then refund any advance payments for unused Subscription rights to your Reseller.

d. Obligations. Each party must notify the other promptly of a claim under this Section 6. The party seeking protection must (i) give the other sole control over the defense and settlement of the claim; and (ii) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties’ respective rights to defense and payment of judgments or settlements under this Section 6 are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights.

2.7 Limitation of liability

a. Limitation. The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid for the Online Service during the 12 months before the cause of action arose; provided, that in no event will a party’s aggregate liability for any Online Service exceed the amount paid for that Online Service. For Products provided free of charge, Microsoft’s liability is limited to direct damages up to U.S. $5,000.

b. Exclusion. Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.

c. Exceptions to limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (i) the parties’ obligations under Section 6; or (ii) violation of the other’s intellectual property rights.

2.8 Software

a. Licenses purchased. We grant you licenses for the number of copies of Software you ordered.

b. License confirmation. Proof of your Software license is (i) this agreement, (ii) any Order confirmation, (iii) documentation evidencing license transfers (for any permitted transfers), and (iv) proof of payment.

c. License rights are not related to fulfillment of Software media. Your acquisition of Software media or access to a network source does not affect your license to Software obtained under this agreement. We license Software to you, we do not sell it.

d. Transferring and assigning licenses. License transfers are not permitted.

2.9 Support

Support services for Products purchased under this agreement will be provided by Reseller.

2.10 Agreement Mechanics

a. Notices. You must send notices by mail to the address below:

Notices should be sent to:
Microsoft Regional Sales Corporation
Dept. 551, Volume Licensing
438B Alexandra Road, #04-09/12, Block B
Alexandra Technopark
Singapore 119968

Copies should be sent to:
Microsoft Corporation
Legal and Corporate Affairs
Volume Licensing Group
One Microsoft Way
Redmond, WA 98052 USA
Via Facsimile: (425) 936-7329

We may email notices to account administrators you identify. Notices are effective on the date on the return receipt or, for email, when sent.

b. Assignment. You may not assign this agreement either in whole or in part.

c. Severability. If any part of this agreement is held unenforceable, the rest of the agreement will remain in full force and effect.

d. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.

e. No third-party beneficiaries. There are no third-party beneficiaries to this agreement.

f. Applicable law and venue. This agreement is governed by Washington law, without regard to its conflict of laws principles. Subject to sections (i) and (ii) below, if we bring an action to enforce this agreement, we will bring it in the jurisdiction where you have your headquarters. If you bring an action to enforce this agreement, you will bring it in the State of Washington, U.S.A. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights.

(i) If your principal place of business is in Brunei, Malaysia or Singapore, you consent to the non-exclusive jurisdiction of the Singapore courts.
(ii) If your principal place of business is in Bangladesh, Cambodia, India, Indonesia, Macau SAR, the People’s Republic of China, Sri Lanka, Thailand, The Philippines or Vietnam, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”), which rules are deemed to be incorporated by reference into this subsection. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in the above-named countries or elsewhere. To the maximum extent permitted by applicable law, the parties waive their right to any form of appeal or other similar recourse to a court of law. For the purpose of this agreement only, the People’s Republic of China does not include Hong Kong SAR, Macau SAR and Taiwan.

g. Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.

h. Survival. The following provisions will survive this agreement’s termination or expiration: 5 (Warranties), 6 (Defense of claims), 7 (Limitation of liability), 10f (Applicable law and venue), 10g (Entire agreement), 10h (Survival), 10i (U.S. export jurisdiction) and 11 (Definitions).

i. U.S. export jurisdiction. The Product is subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.

j. Force majeure. Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This section will not, however, apply to your payment obligations under this agreement.

k. Publicity. Microsoft may publicly disclose (orally and in writing) that you are a customer of Microsoft and a purchaser of the Product(s), including in a list of Microsoft customers and other promotional materials.

l. Order of Precedence. In the case of a conflict between any documents referred to in this agreement that are not expressly resolved in those documents, their terms will control in the following order of descending priority: (1) this agreement, (2) the SLAs, and (3) the Online Services Terms. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter.

m. Statutory liability. The following provisions are only applicable to customers in New Zealand.

(i) Business. Where we act as a “supplier” (as that term is defined in the Consumer Guarantees Act 1993 (“CGA”)) of a Product, you confirm that the Product provided by us under this agreement is acquired for the purposes of a business (as that term is defined in the CGA) and that the CGA does not apply to the Product supplied by Microsoft.

(ii) Consumers. Nothing in this agreement is intended to limit the rights of a “consumer” under the CGA where that Act applies, except to the extent permitted by that Act, and the terms of this agreement are to be modified to the extent necessary to give effect to this intention.

n. Consumer remedies. The following provision is only applicable to customers in Australia:

Notwithstanding anything in this agreement, consumers may have the benefit of certain, rights or remedies pursuant to the Competition and Consumer Act 2010 (Cth) and similar state and territory laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at our option, in the case of goods to either (1) replacement of the goods or (2) correction of defects in the goods, and in the case of services to either (1) resupply of the Services or (2) the cost of the resupply of the services. Australian law requires us to notify consumer purchasers of Microsoft goods that: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure”.

2.11 Definitions

Any reference in this agreement to “day” will be a calendar day.

“Acceptable Use Policy” is set forth in the Online Services Terms or as otherwise made prominently available by Microsoft.

“Affiliate” means any legal entity that a party owns, or that owns a party, with a 50% or greater interest.

“Commitment Offering” and “Consumption Offering” describe categories of Subscription offers and are defined in Section 3.

“Customer Data” is defined in the Online Services Terms.

“Online Service” means any Microsoft online service subscribed to under this agreement.

“Online Services Terms” means the terms that apply to your use of the Products available at http://www.microsoft.com/licensing/onlineuserights. The Online Services Terms include terms governing your use of Products that are in addition to the terms in this agreement.

“Product” means any Online Service (including any Software).

“Reseller” means OzHosting.com Pty Ltd an entity authorised by Microsoft to resell Software licenses and Online Service

Subscriptions under this program and engaged by you to provide pre- and post-transaction assistance.

“SLAs” means the service level agreement commitments we make regarding delivery and/or performance of the Online Service, as published at http://www.microsoft.com/licensing/contracts, http://www.windowsazure.com/en-us/support/legal/sla/ or at an alternate site that we identify.

“Software” means software we provide for installation on your device as part of your Subscription or for use with the Online Service to enable certain functionality.

“Subscription” means an order for a quantity of Product for a defined Term (e.g., 30 days or 12 months).

“Term” means the duration of a Subscription for a specific Product as established by your Reseller.

MicrosoftCloudAgreement(Asia)ExJPN,KOR,TAI(ENG)(Jul2014) Document X20-12428

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By purchasing services through Ozhosting.com Pty Ltd that include Acronis licenses, the purchaser agrees to be bound by the applicable terms of services as published by Acronis from time to time. The purchaser expressly authorises Ozhosting.com Pty Ltd to accept such terms on behalf of the purchaser.

The Acronis License Terms are currently located at; https://www.acronis.com/en-us/support/eula.html

1. About These Terms

These Customer Terms govern the supply of services by Ozhosting.com Pty Ltd ABN 48 153 588 142 to the customer identified in an order, quote, online checkout or control-panel account.

These Customer Terms are intended for direct retail customers. Reseller, wholesale, agency or partner customers should be governed by a separate Reseller Agreement unless Ozhosting expressly states in writing that these Customer Terms apply.

The agreement consists of the accepted order or online plan, these Customer Terms, any applicable Product Terms, the Acceptable Use Policy, any applicable SLA, the Privacy Policy and any written special terms agreed by both parties.

If there is an inconsistency, the order and any written special terms prevail first, then the Product Terms, then the SLA, then these Customer Terms, then the Acceptable Use Policy.

2. Customers and Authority

The person accepting these terms warrants that they are at least 18 years old and, if accepting for a company or other organisation, have authority to bind that organisation.

Ozhosting may request reasonable identity, billing, fraud-prevention or authority evidence before provisioning, transferring or materially changing a service. Ozhosting may refuse or suspend provisioning where the customer does not provide reasonably requested information.

3. Orders and Contract Formation

An order is an offer by the customer to acquire the services described in the order. Ozhosting accepts the order when it confirms acceptance, provisions the service, or receives payment and begins supplying the service.

Ozhosting may reject an order where:

• the customer fails identity, sanctions, fraud or credit checks;
• the order contains an obvious pricing or product error;
• the service is unavailable;
• the customer has previously breached Ozhosting terms; or
• Ozhosting has reasonable legal, technical or security grounds to refuse supply.

4. Services

Ozhosting will provide the services described in the accepted order and applicable Product Terms with due care and skill.

Ozhosting is responsible for the parts of the service it controls. The customer is responsible for its content, applications, configurations, end users, credentials, local devices, internet access and third-party integrations unless the order expressly states that Ozhosting manages them.

5. Third Party Services

Some services are supplied by or depend on third parties, including Microsoft, Acronis, DropSuite, domain registries, payment providers, carriers, data centres and other cloud or software vendors.

The customer agrees to comply with applicable third-party terms notified by Ozhosting. Ozhosting will take reasonable steps to identify material third-party terms before or at the time of purchase.

Ozhosting’s service levels do not apply to third-party services unless the relevant third-party provider offers an express service level agreement for that service. Third-party provider SLAs are available on request where applicable.

Where a third-party provider SLA applies, the customer’s rights are limited to the remedies made available by that provider and accepted or approved by that provider. Ozhosting is not responsible for the availability, performance, maintenance, support response, service credits or service-level commitments of third-party services except to the extent expressly required by law or expressly stated in an applicable Product Schedule.

Where Ozhosting is the reseller or account administrator for a third-party service, Ozhosting will use reasonable efforts to assist the customer in raising or escalating support issues with the relevant third-party provider.

6. Fees, Billing and Taxes

The customer must pay the fees stated in the order or control panel. Unless stated otherwise, fees are in Australian dollars and include GST where GST applies.

Recurring fees are payable in advance. Usage-based, excess or variable fees may be billed in arrears.

Ozhosting may correct genuine billing errors and may bill delayed third-party or usage charges once received, provided the charge relates to a service supplied to the customer and is reasonably documented.

7. Fee Changes

Ozhosting may change recurring fees for a renewal term by giving at least 30 days’ notice before the change takes effect.

Where a fee increase is more than a pass-through increase in third-party, tax, registry, carrier, exchange-rate or infrastructure costs, the customer may cancel the affected service before the increase takes effect without early termination fees for the affected service.

For services supplied on a monthly recurring basis, updated fees apply from the next billing period after the notice period.

8. Payment Failure

If payment is overdue, Ozhosting may:

• send reminders and retry payment methods;
• charge reasonable recovery costs and interest permitted by law;
• suspend the affected service after at least 7 days’ written notice, unless immediate suspension is reasonably necessary to prevent fraud, security risk or legal exposure; and
• terminate the affected service if payment remains overdue after further notice.

9. Refund Policy

Except where required by Australian Consumer Law or another non-excludable law, Ozhosting provides refunds only as expressly stated in these terms or an applicable Product Schedule.

Ozhosting may offer the following initial service guarantees for new services:

• shared web hosting, email hosting and reseller hosting: a refund or account credit if cancelled within 30 days of initial purchase;
• VPS, cloud server and dedicated server services: a refund or account credit if cancelled within 10 days of initial purchase, provided the service was purchased for a quarterly or longer billing term; and
• any other service: only where the applicable Product Schedule expressly states a money-back guarantee or refund right.

The initial service guarantee applies once per customer per service type and does not apply to renewals, upgrades, downgrades, migrations, reactivated services, abuse-related suspensions, services terminated for breach, or customers who have previously used the guarantee for a substantially similar service.

Except where required by Australian Consumer Law or another non-excludable law, Ozhosting does not provide refunds, cash credits or cash redemptions for:

• domain names, registry fees, SSL certificates, software licences, Microsoft, Google, Acronis, DropSuite or other third-party services once ordered, provisioned or renewed;
• setup, migration, professional services, onboarding, custom work or managed services once performed or commenced;
• SMS, usage, excess, overage, bandwidth, storage or metered charges already incurred;
• unused time after the applicable initial service guarantee period;
• early termination of fixed-term services after the applicable initial service guarantee period; or
• remaining service-credit balances after cancellation or termination.

Where Ozhosting issues a service credit under an SLA or service guarantee, the credit is applied only to future invoices for the affected customer account. Service credits are not transferable, not redeemable for cash and do not create a right to a refund.

If a non-excludable law requires Ozhosting to provide a refund, the refund will be limited to the amount required by that law.

10. Term and Renewal

The initial term is stated in the order. If no term is stated, the service continues for successive monthly billing periods until terminated in accordance with these terms.

Fixed-term services renew for the renewal period stated in the order or, if none is stated, for the same period as the expiring term, unless either party gives at least 30 days’ notice before renewal.

Ozhosting should provide a renewal reminder for annual or longer fixed-term services at least 30 days before renewal where practicable.

11. Customer Cancellation

The customer may cancel a service supplied on a monthly recurring basis through the control panel or by written notice. Cancellation takes effect at the end of the then-current billing period unless Ozhosting agrees otherwise.

For fixed-term services, cancellation takes effect at the end of the current term unless the order allows earlier termination or the customer has a legal right to terminate.

Nothing in these terms limits any non-excludable right the customer has under Australian Consumer Law.

12. Ozhosting Service Discontinuation

Ozhosting may discontinue a service or product line by giving at least 90 days’ notice, unless a shorter period is required because a third-party supplier, regulator, security issue or law prevents continued supply.

If Ozhosting discontinues a prepaid service before the end of the paid term for reasons not caused by the customer, Ozhosting will provide a pro-rata account credit for the unused portion of prepaid recurring fees unless Australian Consumer Law or another non-excludable law requires a refund.

13. Maintenance

Ozhosting may perform scheduled maintenance. Scheduled maintenance should be notified at least 48 hours in advance where practicable and should be performed outside normal business hours where reasonably possible.

Ozhosting may perform emergency maintenance without prior notice where necessary to protect security, availability, data integrity or legal compliance. Ozhosting will provide notice as soon as reasonably practicable.

14. Suspension

Ozhosting may suspend, restrict or disconnect a service only to the extent reasonably necessary where:

• the customer fails to pay overdue amounts after notice;
• the customer breaches the Acceptable Use Policy;
• the service is being used for unlawful, harmful, abusive or security-compromising activity;
• suspension is required by law, court order, regulator, registry, carrier or third-party provider;
• suspension is necessary for emergency maintenance or to protect the platform; or
• continued supply would expose Ozhosting, other customers or third parties to material risk.

15. Acceptable Use

The customer must not use the services to:

• breach law;
• infringe intellectual property, privacy, confidentiality or other rights;
• send spam or unlawful electronic messages;
• host or transmit malware;
• attack, scan, disrupt or misuse networks or systems;
• host child exploitation material or other prohibited content;
• mislead, defraud or impersonate others;
• overload shared infrastructure; or
• breach product-specific usage limits.

16. Security and Credentials

The customer is responsible for keeping account credentials secure, using reasonable access controls, and promptly notifying Ozhosting of suspected compromise.

Ozhosting will maintain reasonable technical and organisational measures for the services it controls, taking into account the nature of the services, known risks and industry practice.

17. Customer Content and Data

The customer retains ownership of customer content and data.

The customer grants Ozhosting a limited right to host, copy, transmit, process and otherwise use customer content and data only as reasonably necessary to provide, secure, maintain, support and improve the services, comply with law, and exercise rights under the agreement.

Ozhosting will not access customer content except to provide support requested by the customer, maintain or secure the service, investigate suspected misuse or compromise, comply with law, or as otherwise permitted by the agreement.

18. Backups and Data Restoration

Unless the order expressly includes backup services, the customer is responsible for maintaining backups of its content, applications and configurations.

Where the order includes backup services, the applicable Product Terms must state the backup frequency, retention period, restoration process, exclusions, customer responsibilities and any recovery time or recovery point targets.

Ozhosting does not guarantee restoration from backups unless the applicable Product Terms expressly state a guarantee.

19. Support

Ozhosting will provide support through the channels and hours stated on its website or in the order.

Support covers the Ozhosting-controlled service and excludes customer code, customer applications, customer devices, third-party services not resold or managed by Ozhosting, and general consulting unless included in the order.

Paid support plans should include target response times by severity.

20. Service Levels

Service levels apply only where the applicable SLA states that they apply to the service purchased by the customer.

Service credits are the customer’s contractual remedy for failure to meet an SLA, except where Australian Consumer Law or another non-excludable law provides otherwise.

Where Ozhosting issues a service credit under an SLA or service guarantee, the credit is applied only to future invoices for the affected customer account. Service credits are not transferable, not redeemable for cash and do not create a right to a refund.

21. Confidentiality

Each party must keep the other party’s confidential information confidential and use it only for the agreement. This does not apply to information that is public, already known without breach, independently developed, received lawfully from a third party, or required to be disclosed by law.

Where disclosure is required by law, the receiving party will give prior notice where legally permitted.

22. Privacy

Ozhosting will handle personal information in accordance with its Privacy Policy and applicable privacy laws, including the Privacy Act 1988 (Cth) as amended, where applicable.

Where Ozhosting processes personal information on behalf of a business customer as part of hosted services, the Data Processing Addendum applies unless the parties agree otherwise.

23. Australian Consumer Law

Nothing in the agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.

Where Ozhosting is permitted to limit liability for breach of a non-excludable guarantee, Ozhosting’s liability is limited, at its option, to resupplying the services or paying the cost of having the services supplied again.

If a non-excludable law requires Ozhosting to provide a refund, the refund will be limited to the amount required by that law.

24. Liability

Subject to clause 23 and to the maximum extent permitted by law, neither party is liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, or loss of data except to the extent caused by that party’s fraud, wilful misconduct or gross negligence.

Each party remains liable for payment obligations, confidentiality breaches, privacy breaches, intellectual property misuse, fraud, wilful misconduct and indemnity obligations.

Ozhosting’s aggregate liability for all claims arising from a service in a 12-month period is capped at the fees paid by the customer for that affected service in the 12 months before the event giving rise to liability.

25. Indemnities

The customer indemnifies Ozhosting against third-party claims, losses and reasonable costs arising from customer content, customer or end-user misuse of the services, breach of the Acceptable Use Policy, infringement of third-party rights by customer content or customer applications, or customer breach of law.

The indemnity is reduced to the extent the claim is caused or contributed to by Ozhosting’s breach, negligence or wilful misconduct.

26. Changes to Terms

Ozhosting may update these terms from time to time.

Changes published on the Ozhosting website apply immediately to customers who place orders, create accounts, renew services or otherwise enter into contracts after the publication date.

For existing customers, minor, beneficial, administrative or clarifying changes may take effect when published.

For existing customers, changes that materially and adversely affect the customer will take effect only after Ozhosting gives at least 30 days’ notice. If the customer does not accept the material adverse change, the customer may cancel the affected service before the change takes effect without early termination fees for that affected service.

Changes may take effect sooner where required by law, regulator, security need or third-party provider terms, but only to the extent reasonably necessary.

27. Assignment

The customer may not assign the agreement without Ozhosting’s prior written consent, not to be unreasonably withheld.

Ozhosting may assign the agreement as part of a business sale, corporate restructure or transfer of the relevant product line, provided the assignee is able to perform the agreement and the assignment does not materially reduce the customer’s rights.

28. Notices

Ozhosting may send notices by email, control-panel message or other contact details on the customer’s account. The customer is responsible for keeping contact details current.

Legal notices should also be capable of being sent to a nominated postal or email address for each party.

29. Governing Law and Disputes

The agreement is governed by the laws of New South Wales, Australia.

Before commencing court proceedings, either party must give written notice of the dispute and the parties must attempt in good faith to resolve it within 20 business days.

Nothing prevents a party from seeking urgent injunctive relief, taking debt recovery action, or exercising rights under Australian Consumer Law.

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This is an important document. It sets out the Product-specific Terms and Conditions on which OzHosting.com Pty Ltd [ABN 48 153 588 142] (“OzHosting”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a Cloud Service through OzHosting Store and our OzHosting Control Panel. When you have accepted these Terms and Conditions, they become a legal agreement between you and OzHosting.com Pty Ltd. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the OzHosting Website and its contents are owned and operated by OzHosting.com Pty Limited (“OzHosting”).

1. Services

1.1 These Terms and Conditions cover Text Messaging Services (together or separately referred to as “Services”).

1.2 Text Messaging Services: includes:

(a) Text messaging services to companies, small businesses, and individual business users. You may access and use our Service through your corporate exchange server or intranet, through your personal computer via an application programming interface (“API”) that we make available to you, or through your browser.
(b) Text messaging through OzHosting’s preferred SMS provider (Bulletin.net, Inc.).

2. Subscription to service

If you subscribe to use our Service, the following terms will apply to your subscription:

2.1 Authorised Subscribers: Only adults, who are at least eighteen (18) years of age are eligible to subscribe to use our Services. In addition, to use the Service, you must be fully competent to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By subscribing to and using our Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth herein. If you acting on behalf of a business, you represent and warrant that you are an authorised representative of that business duly authorised to subscribe and access these Services and to legally bind the business to these Terms of Service.

2.2 Access and Use of our Service: As a subscriber to our Service, you will be granted for the period of your subscription a limited, non-exclusive, non-transferable, revocable right to –
(i) access and use the Service and any software underlying our Service in accordance with these Terms of Service and
(ii) use any documentation solely in connection with your use of the Service. You and any third party acting on your behalf are expressly prohibited from copying, creating derivatives works of, distributing, selling, disclosing, lending, transferring, conveying, modifying, decompiling, disassembling, or reverse engineering any underlying software comprising the Service for any purpose whatsoever. For the avoidance of doubt, you may not allow any unauthorised third party to access the Service.

2.3 Download and Use of APIs: As a subscriber, you will have the right to download, install, use, and display certain APIs that we may make available to subscribers, which will be made available to you in accordance with the applicable End User License Agreement (“EULA”). You and any third party acting on your behalf agree to comply with the applicable EULA and agree to refrain from copying, creating derivatives works of, distributing, selling, disclosing, lending, transferring, conveying, modifying, decompiling, disassembling, or reverse engineering such APIs.

2.4 Text Messages: We agree that you or your licensors will retain all right, title, and interest in the text messages or content that you send through our Service. To the extent permitted by applicable law, you grant to us and any third party carrier (the “Carrier”) –
(i) a non-exclusive license to send, intercept, and read the text messages and use your messages and content as necessary to perform the Service contemplated herein, (ii) a perpetual, non-exclusive license to store all text messages and content on the back-end of our servers and to create archived backup copies, and
(iii) provide the text messages and content as required by any governmental body or court order, or as required to defend our rights in a legal dispute or as may be legally compelled by a third party. You expressly warrant that you own all right, title, and interest in all content in your text messages or in the alternative, that you have procured a valid license from the copyright owner of the text message content, which authorizes you to grant sub-licenses to display, store, and back-up your text message content as set forth herein. You are solely responsible for ensuring that all text message content that you upload is appropriate; legal and not in violation of any federal, state, or local law or ordinance; is not obscene or pornographic; does not defame any third party; is not threatening or harassing; does not invade anyone’s privacy; is not infringing; and is not otherwise objectionable. We reserve the right in our sole and absolute discretion to monitor any text or other content that you send through our Service in order to ensure that they conform to our usage guidelines, policies (including but not limited to our Acceptable Use Policy), these Terms of Service, and our agreement with the applicable Carrier.

2.5 Volume Restrictions: You acknowledge and agree that we may limit the volume of messages that you are able to send. We will make commercially reasonable efforts to notify you in advance of imposing any such limitations on your account. All new accounts will have an initial message limit of fifty (50) messages per day and 500 per month, which can be increased upon request.

2.6 Trial: If you subscribe to the Service a free trial you will receive ten (10) free messages to evaluate our Service. Upon exhaustion of your ten (10) free messages, we will start charging you for the Services. You agree and acknowledge that we have no obligation to notify you that your free trial has ended.

2.7 Emergency Services: You acknowledge and agree that you may not currently access any 911 or similar emergency services through this Service. Our Service is not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.

2.8 Transmission of Messages and other Content: You acknowledge and agree that your messages and other content are transmitted in real time and that we have no visibility or control over individual messages or their content. You are solely responsible and liable for all messages and content that you send, including any loss, damage, or liability arising from any transmission, including but not limited to billing or payment issues or other mistakes that you transmit.

3. Standard of conduct

3.1 Compliance with our Acceptable Use Policy: You agree to conduct yourself in your use of our Service
(i) in manner that will not result in liability to us or to the Carrier,
(ii) in a manner that will not disparage or damage the reputation of us or the Carrier, and
(iii) in good faith at all times. You further agree to ensure that your recipients conduct themselves in a substantially similar manner. In addition, you agree to comply at all times with the terms of our Acceptable Use Policy.

3.2 Compliance with Applicable Laws and Industry Standards or Codes: You agree to comply with and ensure that the Service is used in compliance with all applicable state, federal, and international laws, including but not limited to the Telephone Consumer Protection Act and industry standards or codes (including advertising codes).

3.3 Other Terms and Conditions. If you have a dedicated telephone number, the following will apply:
(i) Peer-to-Peer: Any message that you send must be used exclusively as peer-to-peer, meaning that (a) your message must go to another SMS service subscriber, and (b) your message must have been initiated due to human interaction and not by an automated or timed message.
(ii) Fair Use Basis.You agree and acknowledge that we provide mobile originated messages, meaning messages initiated on a mobile phone to us, on a “Fair Use Basis.” “Fair Use” means that the number of mobile originated messages should generally be substantially similar to the number of messages sent by you from our specific Service.

This is an important document. It sets out the Product-specific Terms and Conditions on which OzHosting.com Pty Ltd [ABN 48 153 588 142] (“OzHosting”) provides Services to you, the Customer. You accept these Terms and Conditions when you purchase a Cloud Service through OzHosting Store and our OzHosting Control Panel. When you have accepted these Terms and Conditions, they become a legal agreement between you and OzHosting.com Pty Ltd. Please read it carefully. Once you have accepted these Terms and Conditions, you can always access and review them via the OzHosting Website and its contents are owned and operated by OzHosting.com Pty Limited (“OzHosting”).

• 1. Services
• 2. Domain Name Regulation
• 3. Domain Names
• 4. Payment of Domain Name Fees

1. Services

1.1 These Terms and Conditions cover Domain Name Services (together or separately referred to as “Services”).

1.2 Domain Name Services: includes:

(a) Domain Name Services: includes the registration and maintenance of Domain Names through OzHosting’s preferred domain name registrar’s (Melbourne IT & Enom) for top level domains (“TLD’s” and gLTD’s).

2. Domain name regulation

2.1 The registration and administration of domain names is conducted pursuant to general policies determined and promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”).

2.2 ICANN has delegated the registration and administration of particular TLD’s (au, uk etc) to accredited Domain Name Registrars who conduct the registration and administration of domain names in those TLD’s according to general ICANN policies, as interpreted by each Domain Name Registrar. There may accordingly be significant differences in administration of domain names for particular TLDs.

2.3 In order to purchase a domain name, Customer enters into a registration agreement with OzHosting’s domain name registrar, Melbourne IT relating to the relevant TLD and its administration of that TLD. As there may be significant differences between agreements relating to each TLD, Customer must carefully review and agree to, and accept sole responsibility for agreeing to, each particular registration agreement.

3. Domain names

3.1 Registration: OzHosting accepts no responsibility for the refusal of a domain name registrar to register a particular domain name, and Customer irrevocably waives any rights of any kind whatsoever against OzHosting arising out of the refusal of a domain name registrar to register a particular domain name.

3.2 Renewal: ICANN policies do not permit domain name registrars to solicit nor pay fees on behalf of Customers for renewal of domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a domain name, to promptly pay all fees for renewal or risk loss of the domain name. Neither OzHosting nor Melbourne IT accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis.

3.3 Cancellation: ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties and other grounds. A Customer is not entitled to a refund of registration fees, in whole or in part, on any such cancellation. OzHosting does not, under any circumstances, refund any registration fees, in whole or in part, on any cancellation of a domain name by a domain name registrar. It is the sole responsibility of Customer to review and adhere to the terms and conditions of the agreement for each domain name, including without limitation the terms and conditions which may lead to cancellation of domain names.

3.4 How to Cancel a Domain Name Renewal: We DO NOT accept telephone cancellations, a cancellation must be in writing or submitted via a ticket within the control panel.

4. Payment of domain name fees

4.1 Payment of Domain Names Fees: OzHosting will notify Customer of fees for registration and/or renewal of domain names. Under ICANN policies Registrars are not permitted to solicit nor pay fees on behalf of Customers for renewal of Domain names. It is Customer’s sole responsibility, on receiving a notice for renewal of a Domain name, to promptly pay all fees for renewal or risk loss of the Domain name. Neither OzHosting nor Melbourne IT accepts liability for any failure, for any reason whatsoever, to renew a Domain name on a timely basis.

4.2 Delays in Payment of Domain Name Fees: OzHosting cannot take action to register or renew Domain names until in each instance it has received payment for the particular service. Customers must allow 3 business days to elapse after making payment and issuing instructions to OzHosting to register or renew a Domain name before OzHosting is able to process the application or renewal. Neither OzHosting nor Melbourne IT accepts liability for failure to register or renew a Domain name through delays of Customer in making payments and/or arising out of administrative delays, acts or omissions of Customers or third parties or out of automated systems failures.

This is an important document. It sets out the Acceptable Usage Policy by which OzHosting.com Pty Ltd (“OzHosting”) provides Hosting Services, Cloud Hosting, Text Messaging and/or Domain Names Services to you, the Customer. This Usage Policy applies to all Customers and users of OzHosting’s infrastructure, network and systems for communications and hosting services (collectively “Services”). It is intended to ensure that your use (and that of all other Customers and users) of OzHosting’s Services is optimized by minimizing disruptions and outages caused by use otherwise than in accordance with the terms of each Customer’s agreement with OzHosting or by use which unfairly interferes with the rights of other Customers and Internet users. It is also intended to ensure that each Customer understands its obligations to comply with legislation which applies to Content which may be hosted on Customers websites or transmitted over telecommunications networks.

We may from time to time amend this Usage Policy. Your use of our Services after any amendments or revisions have been posted on the OzHosting.com website will constitute your acceptance of the amended Usage Policy.

1. Responsibilities of Customers

You must:

• Use our Services in a manner which complies with all relevant laws, whether Federal, State or international;
• Comply with all service usage limitations applicable to the plan or product selected by you;
• Be solely responsible for disseminating or posting content through the Services or publishing on the web pages of your site, including obtaining legal permission to use any works included in such content and/or web pages;
• Respect the legal protection afforded by copyright, trade mark, patent and other laws protecting intellectual property rights in material, including content and software applications, accessible through the Internet;
• Respect the privacy of others and the legal protection afforded by the Privacy Act (Cth) 1988 and all other applicable laws and regulations; and
• Use our Services in a manner which does not interfere with, jeopardise or disrupt our Services (including their operation) or other Internet users.

2. Unacceptable Usage

You must not use our Services to:

• Violate anyone’s copyright or intellectual property rights;
• Send Infringing Texts. Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or rights of publicity;
• Tamper with the Carriers’ networks. Interfering with or disrupting networks connected to the Service or violating the regulations, policies or procedures of such networks;
• Publish or transmit defamatory, obscene, threatening, abusive or offensive material or content which breaches the ratings of the Classification Board;
• Publish content which is unsuitable for minors without using appropriate warnings and/or labeling systems for that content,;
• Enable minors to access content inappropriate for a minor or to make contact with minors other than minors known to you;
• Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email or text messages sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers or Carriers, or any activity which is prohibited under:
  (a) the Spam Act 2003 (Cth);
  (b) any other applicable legislation and regulations; and
  (c) policies or regulations of any regulatory authority or body having jurisdiction over such activities; Breaches of the SPAM Act 2003 (Cth) carry heavy penalties (up to $220,000 per day for individuals and up to $1,100,000 per day for companies).
• Facilitate or engage in the sending of solicited broadcast, bulk or commercial email or otherwise utilize our Services in a manner which may, in our opinion, compromise or adversely affect server performance or network integrity.
• Create or propagate Internet viruses, worms and other types of malicious programs;
• Facilitate or engage in “Hacking” which we regard as including gaining illegal or unauthorized access to any computers, accounts or networks accessible through the Internet;
• Misrepresent transmission information by forging, deleting or altering message headers, return mail information and/or Internet Protocol addresses in order to conceal or misidentify the origin of a message;
• Interfere with, disrupt or jeopardise or threaten to interfere with, disrupt or jeopardise our Services and/or the ability of our customers or any of them to use the Services; or
• Breach any relevant law, Federal, State or international.
• Facilitate or engage in “spamming” which we regard as unsolicited broadcast or commercial email sent to recipients who do not affirmatively and verifiable request the material, collect or redirect responses from unsolicited emails sent from accounts with other Internet service providers, or any activity which is prohibited under:

If you have Cloud Hosting or other Shared Web Hosting, you also must not:

• Distribute, File-share or store multimedia files if those files account for more than 20% of the disc space usage on your website in terms of total space and/or number of files. For these purposes multimedia files comprise any graphic, pdf, audio and video files;
• Use our Services for development purposes;
• Use our Services for CGI script sharing; or
• Run background programs without our prior written permission.

3. Fair Usage

You agree to comply with the service usage limitations of the plan or product selected by you. Service usage limitations apply to:

• Bandwidth
• Traffic (inbound, outbound and aggregated)
• Data storage
• Text Messaging
• Server resources
• Mailboxes

It is your responsibility to be aware of the usage limitations under the plan or product selected by you, and to observe them.

These limitations enable us to operate our network at optimal efficiency for the benefit of all customers and users, and to ensure that all our customers enjoy internet services of the highest quality. If you exceed the service usage limitations applicable to your plan, we may at our option shape your services, charge additional fees and/or take other actions to restrict use of the services until the service usage limitations are observed. If excessive use in breach of the service usage limitations in your Plan adversely affects server performance or network integrity, we reserve the right to shut down your service without notice to you.

OzHosting reserves the right to refuse service or shut down a service if your peak usage of resources exceeds 10x the usage of an average OzHosting customer. This includes but is not limited to total mail domain allocated space, the number of mail users under unlimited user plans, email hosting, shared web hosting and virtual server data usage under unlimited plans. Additional fees and charges may apply for usage outside these terms.

4. Breach of Usage Policy

We exercise no direct supervision or control whatsoever of content and software transmitted through our network or hosted on our infrastructure, and we do not monitor your websites, the content published them or your activities to determine whether they fail to comply with this Usage Policy or with any relevant law. We do monitor usage limitations using various tools to ensure that our network and infrastructure is operating at optimal efficiency. When we become aware of any breach or threatened breach of this Usage Policy, we may take whatever action we deem necessary, in our sole discretion and without notice to you, to correct such breach or threatened breach, including:

• Monitoring your website and traffic;
• Shutting down a website or Service;
• Suspending or denying access to the Services or to the Internet on a temporary or permanent basis; and/or
• Deleting or removing content or software stored on our infrastructure.

In certain circumstances we can be required to remove content from our network infrastructure by third parties, including on receipt of a Take Down Notice under the Copyright Act of 1968 (as amended)(Commonwealth of Australia).

In all cases you will indemnify us against, and we will not be held liable for, any loss or damage which you may suffer through the suspension, unavailability or removal of the Services or which we may suffer where your use of the services causes loss or damage to a third party.

5. Disclosure of Information

You should be aware that we may disclose information relating to you and your use of the Services, including website activity and Internet transmissions, in order to comply with any court order, subpoena, summons, discovery request or order made by any competent court or any warrant or request of any authorized government agency.

6. Cooperation in Investigating Breaches of this Usage Policy

We reserve the right to investigate suspected violations of this Usage Policy, including the gathering of information from users involved and from complainants, as well as an examination of materials and content which may have been stored on or transmitted through our network. In investigating breaches of this Policy, you authorise us to cooperate with law enforcement authorities and other regulators as well as other systems administrators at other Internet and carriage service providers.

This is an important document. It sets out the Service Level Agreement, which OzHosting.com Pty Ltd [ABN 48 153 588 142] (“OzHosting”) provides Cloud Hosting Services to you, the Customer. The OzHosting.com website and its contents are owned and operated by OzHosting Pty Limited (“OzHosting”).

OzHosting.com is committed to providing superior hosting services and the highest quality of care for our clients. Our goal is to provide a Service Level Agreement (SLA) that is more competitive than industry standards while providing our clients with superior customer support.

1. Covered Services

This SLA applies only to cloud hosting, VPS and related infrastructure services expressly identified as covered in the order or Product Terms.

This SLA does not apply to Microsoft 365, Azure, Acronis, DropSuite, domain names, SSL certificate authorities, payment providers, telecommunications carriers, upstream internet providers, third-party DNS providers, third-party software, customer applications, customer code, customer internet access, customer devices or any other third-party service except to the extent the relevant third-party provider offers an express service level agreement for that service.

Third-party provider SLAs are available on request where applicable. Any service credits, rebates or remedies for third-party services are limited to those made available by the relevant third-party provider and accepted or approved by that provider.

2. Service Commitment

Ozhosting will use commercially reasonable efforts to make each covered service available with a Monthly Uptime Percentage of at least:

• 99% for High Availability Cloud Services expressly sold with HA architecture;
• 90% for standard cloud hosting or VPS services; and
• the product-specific target stated in the applicable Product Terms for all other covered services.

3. Monthly Uptime Calculation

Monthly Uptime Percentage = (Total Minutes in the Month – Downtime Minutes) / Total Minutes in the Month x 100.

Downtime means a period of at least one consecutive minute during which the covered service is unavailable due to failure of Ozhosting-controlled infrastructure.

Downtime should be measured using a combination of Ozhosting monitoring systems, support tickets, service-status records and customer logs reasonably capable of verifying the outage.

4. Service Credits

For Services With a 99.99% Target

Monthly Uptime Percentage	Service Credit
Less than 99.99% and at least 99.0%	10%
Less than 99.0% and at least 95.0%	30%
Less than 95.0%	50%

 

For Services With a 99.90% Target

Monthly Uptime Percentage	Service Credit
Less than 99.90% and at least 99.0%	10%
Less than 99.0% and at least 95.0%	30%
Less than 95.0%	50%

 

Service credits are calculated against the monthly recurring fee for the affected covered service, excluding setup fees, domain fees, licences, third-party pass-through charges, taxes, usage charges and unrelated services.

The maximum service credit for any affected covered service in any calendar month is 50% of the monthly recurring fee for that affected covered service.

Service credits are applied only to future invoices for the affected customer account. Service credits are not transferable, not redeemable for cash and do not create a right to a refund.

5. Claim Procedure

The customer must request a service credit within 30 days after the end of the month in which the Downtime occurred.

The request must include:

• account name;
• affected service;
• date and time of each incident;
• description of impact; and
• logs or other evidence reasonably available to the customer.

Ozhosting will assess the claim in good faith and apply approved credits to a future invoice within 60 days.

6. SLA Exclusions

The SLA does not apply to unavailability caused by:

• scheduled maintenance notified in accordance with the agreement;
• emergency maintenance reasonably required to protect the service;
• customer content, code, applications, configuration, credentials or instructions;
• customer or end-user equipment, network, internet access or DNS outside Ozhosting control;
• third-party services outside Ozhosting control;
• force majeure events;
• cyberattack, denial-of-service attack or malicious activity not caused by Ozhosting’s failure to take reasonable security measures;
• suspension or termination permitted under the agreement;
• beta, trial, free or evaluation services; or
• periods where the customer is overdue on undisputed fees for the affected service.