Terms
and Conditions
These are
the standard terms and conditions which apply to all websites hosted
with PRFwebHost. For the most part they should not have any effect
on the way you use our services, the conditions outlined in this document
are not intended to be more restrictrive than most other commercial
hosting services available in the Internet Market.
They are
provided to protect both ourselves, you and other clients using our
services from having your level of service being down graded by the
actions of others. If you have any problems with any of the conditions
or terms please feel free to contact us as we are willing to discus
and resolve any problems you may have.
This agreement
governs the terms of use by the Client of all Services provided by PRFwebHost.
By accepting
these terms and conditions the client recognises that they are also
accepting to act within the bounds of the Acceptable Usage Policy below.
The Client
agrees to use Services according to the following terms and conditions:
1. The
client agrees to use the services according to the account selected
or as specifically stated on their invoice. In the case of developers
or where a single client holds multiple accounts these terms and conditions
will be taken as binding to all existing and subsequent accounts once
the client has provided acceptance of these terms and conditions.
2. Billing.
All Virtual Hosting accounts are to be paid on an annual basis in advance
unless stated otherwise. All dedicated server and co-location accounts
are to be paid on a monthly basis in advance unless stated otherwise
in writing. PRFwebHost will refund the proportional value of any
unused services less any outstanding charges owed by the client. Excess
usage charges will be billed and arrears and must be paid by the client.
Suspened accounts will be charged a $20 fine for paper work and processing
fees.
3. Variation
of Agreement. PRFwebHost may from time to time vary the terms,
charges and conditions outlined in this agreement. The version of this
agreement that is published at www.PRFwebHost.com should always
be taken as the binding and most recent version of these terms and conditions.
4. Term
of Agreement. Subject to clause (5) This agreement will continue for
a period of 12-months unless otherwise stated. This agreement will automatically
be renewed at the end of the initial Term unless terminated in accordance
with this Agreement.
5. Termination
of agreement. Unless otherwise stated this agreement may be terminated
at any time by the client on the giving of 30 days notice. Unless otherwise
stated this agreement may be terminated by PRFwebHost on the giving
of 30 days notice. If this agreement is terminated by either party,
the proportional value of any unused prepaid services will be refunded
unless the use of service was illegal.
6. Compliance
with Law. In using the services provided the client must abide by all
applicable Local, State , Federal and International
laws, treaties and regulations and any violation of this provision can
result in termination immediately or with 30 days notice depending on
the severity of the violation at the absolute discretion of PRFwebHost.
7. Limitation
of Liability. PRFwebHost does not warrant to the client that the
client will receive continual and uninterrupted services during the
Term of this agreement. In no event shall PRFwebHost be liable
to the Client for damages resulting from or in relation to any failure
or delay of PRFwebHost to provide services under this Agreement
if such delays or failures are due to circumstances beyond our control.
Such a failure or delay shall not constitute a default under this agreement.
PRFwebHost, its directors, agents or employees will not be liable
in any way for any form of loss or damage of any nature whatsoever suffered,
whether arising directly or indirectly, by the Client or any person
related to or dealing with the client out of, in connection with or
reasonably incidental to the provision of the services by PRFwebHost
to the Client.
8.Disclaimer
of Warranties. While PRFwebHost uses all reasonable care in providing
the Service, PRFwebHost shall not have any liability whatsoever
in respect of any loss or damage resulting from the provision of the
Service, errors or omission in information provided in relation to the
service. PRFwebHosts liability in the event of failure to provide
adequate service shall not extend beyond the cost of providing a comparable
service.
9. Indemnity.
Client agrees to defend, indemnify and hold PRFwebHost harmless
from and against any and all claims, losses, liabilities and expenses
(including solicitors' fees) related to or arising out of the Services
provided by PRFwebHost to Client under this Agreement, including
without limitation claims made by third parties (including customers
of Client) related to any false advertising claims, liability claims
for products or services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption or malfunction of
services provided here under, or for any content published by Client
using the Services, but excluding those directly caused by the negligence
of PRFwebHost.
10. Refusal
of Service. PRFwebHost retains the right to refuse services to
the Client. Refusal of service may result if:
(a) the client fails to pay accounts within 7 days of the due date.
(b) if the agreement is terminated; or (c) if the client uses the misuses
the services or fails to comply with the customers obligations under
the agreement.
11. Shared
servers. The Client understands the Service is provided on a shared
server and acknowledges that its web-site cannot overwhelm the server
through unnecessarily excessive use of CPU (such that other users/machine
performance are/is adversely affected). If a client is deemed to be
placing excessive usage on the server it will be deemed by PRFwebHost
that shared services are no longer appropriate and will need to relocate
their account to a dedicated service. In such a case, if required PRFwebHost
will refund any unused portion or pre-paid services.
12. Severability.
Should any part of this Agreement be or become invalid, that part shall
be severed from this Agreement and such invalidity shall not affect
the validity of the remaining provisions of the Agreement.
13. Passwords.
The Client must ensure their password is only given to people whom they
give authority to access their account. PRFwebHost takes no responsibility
to damage or loss resulting from un-authorized access to an account
where access is gained with a valid username and password. PRFwebHost
systems will never request to be notified of the Clients password.
14. Unsolicited
Email. The Client must not send Unsolicited bulk email via PRFwebHosts
mail servers. The Clients site must not be referenced or linked to in
Unsolicited email.
15. Permission
to access data. The client is given the authority to access data contained
in their account only. With the exception of having read-only access
log files, users do not have the authority to access, read or write
data to any other location on the PRFwebHost servers.
16. Unpaid
Accounts. Accounts may be suspended if they are not paid within 7 days
of due date and prior arrangements are not made. All data contained
in a suspended account will remain on the system, BUT account holders
will not be able to access it, the website will display a notice stating
that the account is in arrears. Accounts will be removed from the system
and all associated data deleted if the account is not paid within 1
month of due date. Whilst accounts are in arrears, clients will not
have access to data stored on PRFwebHost servers. PRFwebHost
reserves the right to delete data on canceled accounts.
17. Un-authorised
access. Attempt to use PRFwebHosts servers by the Client to attack
other networks/computers will result in cancellation of the account
at the discretion of PRFwebHost.
18. Entire
Agreement. The Client acknowledges and agrees that this Agreement is
the entire Agreement between the parties and excludes all oral or implied
representations and terms unless such terms are agreed between the parties
in writing.
Acceptable
Use Policy
This acceptable
usage policy is designed to make clear exactly which activities must
not be engaged in whilst using services provided by PRFwebHost.
The policy
will in no way restrict your activities provided you act in a considerate
and law abiding manner.
1. Acceptance
of changes. PRFwebHost may from time to time vary the Acceptable
usage policy, charges and conditions outlined in this agreement. The
version of this agreement that is published at www.PRFwebHost.com
should always be taken as the binding and most recent version of these
terms and conditions.
2. Maintenance.
From time to time we must take the service off-line to perform maintenance
in the form of software and hardware upgrades to ensure the services
continues to operate at its optimum. Maintenance will be carried out
in periods of low usage to minimise disruption. All clients will be
notified on their nominated contact email address in a reasonable amount
of time prior to such activities.
3. Email
abuse. The act of sending unsolicited email ("spam" or "junk
mail"), or allowing other parties to send such email through you
account is not acceptable. Distributing, advertising or promoting software
or services that have the primary purpose of encouraging or facilitating
unsolicited E-mail or spam is also prohibited. Customers are also responsible
for ensuring that they do not advertise or promote themselves through
UBE/UCE. Upon receipt of complaints regarding such activities PRFwebHost
will act to prevent such further occurrences, This may include account
suspension or cancellation.
4. Forging
Headers. Forging or modifying email headers to hide or mislead your
identity will not be accepted.
5. Illegal
or unathorised access. Gaining or attempting to gain illegal access,
or access without authorisation to computers, networks or accounts owned
by PRFwebHost or any external party will not be accepted. Activities
related to attempts to gain access to PRFwebHost computer or equipment,
or such equipment owned by other parties will not be accepted. Such
activities may include (scans or other information gathering activities).
6. Copyright
and intellectual property violations. PRFwebHost will not monitor
or interfere with content published on our servers unless proper notice
is served advising of an infringement of copyright or intellectual property.
Users of our services should at all times ensure that all information
published and made accessibly to the general public is not in breach
of any applicable copyright or intellectual property laws.
7. Privacy
of information. In the normal course of business PRFwebHost will
not monitor, intercept or interfere with information stored or passing
through our system. Clients should be aware that the Internet is not
a secure place and should utilise the tools provided (encryption of
data transfer including SSH, SCP) to maintain security of the information
transferred through our system.