HostLessor Web Solutions Terms of Service
All users of HostLessor Web Solutions services, and all customers upon signing up for HostLessor Web Solutions services, agree to comply with HostLessor Web Solutions Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using HostLessor Web Solutions services with due regard to the rights of other Internet users and in conformity with the requirements of HostLessor Web Solutions network environment.
The TOS are not exhaustive and HostLessor Web Solutions reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.hostlessor.com.au or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to firstname.lastname@example.org Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of HostLessor Web Solutions, this TOS supersedes any other agreement with HostLessor Web Solutions, whether written, oral, by conduct, or otherwise.
*** HostLessor Web Solutions Web Hosting Customer Restrictions ***
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. HostLessor Web Solutions will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact HostLessor Web Solutions Sales or Support to ensure the script is allowed.
Any account suspended or terminated due to violation of our Terms of Service will not be given a backup or refund.
HostLessor Web Solutions has a "No Tolerance" policy on Spam. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostLessor Web Solutions customers. HostLessor Web Solutions also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a HostLessor Web Solutions server, and selling or distributing software (on a Web site residing on a HostLessor Web Solutions server) that facilitates spamming. If a HostLessor Web Solutions server IP has become blacklisted due to spamming by a user’s domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. HostLessor Web Solutions reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any client found to be spamming may face a spam cleanup fee from AUD $350 - $700 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be given a backup or refund.
Denial of Service Attacks
"Stress testing" or purposely receiving DDoS/DoS attacks is not tolerated on our servers. In order to ensure all clients receive an acceptable level of service on our servers, we will do our best to ensure any account that is receiving a DoS attack does not affect other accounts on that particular server or degrade overall server performance. This includes, but is not limited to: null routing the offending IP address(s), suspending the account receiving the DoS and/or terminating the account.
This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any HostLessor Web Solutions account, be it shared/reseller/vps or dedicated server. Any account found actively sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.
Your HostLessor Web Solutions shared hosting account may not be resold and you may not resell any shared hosting services provided by HostLessor Web Solutions. This includes, but is not limited to, email accounts, add-on domains and FTP accounts. Violators will face immediate termination and no refunds will be given.
If you would like to resell hosting space, please contact us for a reseller service plan.
HostLessor Web Solutions guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where HostLessor Web Solutions.com.au has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and HostLessor Web Solutions.com.au data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that HostLessor Web Solutions.com.au cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via HostLessor Web Solutions' web site. If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
HostLessor Web Solutions performs weekly full account backups. Weekly backups include the backup of all account data, email accounts and MySQL databases. Weekly backups are for HostLessor Web Solutions disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup, however, backups are not included as a part of their service and Resellers are responsible for their own backups and should not rely on the backups HostLessor Web Solutions performs. No guarantee of data is expressed or implied. Accounts are only included in weekly backups that are 5GB or less.
HostLessor Web Solutions does not allow IRC or IRC bots to be operated by any client.
Software Distribution & Gaming
HostLessor Web Solutions Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with HostLessor Web Solutions will be the individual or organization whose name is listed in HostLessor Web Solutions database as the owner. Customers will fully cooperate with and abide by any and all of HostLessor Web Solutions security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with HostLessor Web Solutions.
HostLessor Web Solutions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing HostLessor Web Solutions services, all HostLessor Web Solutions customers certify that they and/or the organization they represent in procuring services from HostLessor Web Solutions are not, nor have been designated, a suspected terrorist as defined in Australian Law; are not owned or controlled by a 'suspected terrorist' as defined in Australian Law; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Australian Law; and all updates thereto. HostLessor Web Solutions reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All HostLessor Web Solutions customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a HostLessor Web Solutions customer (per the DMCA) to HostLessor Web Solutions must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at HostLessor Web Solutions sole discretion.
DMCA Copyright Infringement Notification Requirements:
Send email notifications to: abuse(at)hostlessor.com.au
HostLessor Web Solutions is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that HostLessor Web Solutions will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that HostLessor Web Solutions must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that HostLessor Web Solutions may do so by disabling access to your entire web site or terminating your account.
The use of HostLessor Web Solutions services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostLessor Web Solutions is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
HostLessor Web Solutions customers agree to protect, defend, hold harmless, and indemnify HostLessor Web Solutions, any third party entity related to HostLessor Web Solutions (including, without limitation, third party vendors), and HostLessor Web Solutions executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of HostLessor Web Solutions services.
The HostLessor Web Solutions service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HostLessor Web Solutions expressly disclaims any representation or warranty that the HostLessor Web Solutions service will be error-free, secure or uninterrupted. No oral advice or written information given by HostLessor Web Solutions, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostLessor Web Solutions and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HostLessor Web Solutions (INCLUDING, WITHOUT LIMITATION, HostLessor Web Solutions' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HostLessor Web Solutions' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HostLessor Web Solutions SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY HostLessor Web Solutions SERVICES EVEN IF HostLessor Web Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HostLessor Web Solutions' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR HostLessor Web Solutions' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HostLessor Web Solutions OR HostLessor Web Solutions' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
HostLessor Web Solutions may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with HostLessor Web Solutions services. Certain changes to HostLessor Web Solutions services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and HostLessor Web Solutions is not liable, for any and all such personalized applications and content, except as expressly agreed to by HostLessor Web Solutions.
Backup of Data
Except where HostLessor Web Solutions has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and HostLessor Web Solutions is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with HostLessor Web Solutions services. HostLessor Web Solutions servers are also NOT be used as a backup storage and is only intended for hosting web files.
Governing Law and Severability
The TOS, and any other agreement for HostLessor Web Solutions services, will be governed by and construed in accordance with the laws of the State of Victoria, Australia without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and HostLessor Web Solutions will take place in Victoria, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other HostLessor Web Solutions agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between HostLessor Web Solutions and its customers. Each of HostLessor Web Solutions and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for HostLessor Web Solutions services, constitutes the complete understanding and agreement between HostLessor Web Solutions and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of HostLessor Web Solutions, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for HostLessor Web Solutions services is between HostLessor Web Solutions and its customers only and will not confer any rights in any third party except as otherwise expressly provided by HostLessor Web Solutions.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of HostLessor Web Solutions.com,au must adhere to the above policies.
Third Party Providers
You agree that certain services may be provided by third party providers of HostLessor Web Solutions and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Usage and Abuse Policy
Below are terms that can suspend your account due to abuse on our servers. Please remember you are on a shared server and everyone is entitled to the server resources. This is a guideline for HostLessor Web Solutions.com.au and we will work with you so that you are not in violations of these terms.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. HostLessor Web Solutions does not permit CGI script sharing with domains not hosted by HostLessor Web Solutions or any scripts that may be abused for UCE purposes.
HostLessor Web Solutions will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. HostLessor Web Solutions reserves the right to decide what is considered abusive and immediately terminate clients that commit the abuse.
The following Terms of Service constitute HostLessor Web Solutions Billing Policy and apply to ALL HostLessor Web Solutions customers:
All charges are shown in AU Dollars. Payments are to be made in AU dollars. HostLessor Web Solutions accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts with a recurring payment method such as a PayPal subscription, will continue until such time that you cancel your account in accordance with HostLessor Web Solutions Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including, but not limited to card number, expiration date, billing address, or card status).
Customers agree to make payment of their balance due within ten (10) days of the Account Statement Date.
All VPS/dedicated hosting accounts are due on the date due. If not paid on the due date, the server will be deactivated and scheduled to be formatted and redeployed.
Shared/Reseller Accounts that are three (3) days past due will be automatically suspended. Accounts reaching (10) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
You may add up to AUD $600.00 to your account credit balance in $60.00 intervals. Your credit balance can only be used for HostLessor Web Solutions products and services. Any payments due will be automatically deducted from your available account balance. Account credits are non-refundable and cannot be withdrawn at any time. If you need to add more than $300.00, please contact our Billing team. All account credits are non-refundable.
Any overpayments made to your account will be automatically added to your accounts credit balance and are considered non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Cancellation requests for yearly paid hosting accounts after accounts have automatically renewed are eligible for refunds only within the first 3 days following the renewal date, and a cancellation fee of $10 will be charged.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify HostLessor Web Solutions that you would like to cancel your account.
HostLessor Web Solutions does not mail paper invoices or statements. Statements can be viewed and printed through our client area: https://hostlessor.com.au/clientarea.php
Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback received by HostLessor Web Solutions.
Please refer to the following knowledgebase article for instructions on properly cancelling your account:
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request for the service from our client area. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by HostLessor Web Solutions a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostLessor Web Solutions. HostLessor Web Solutions is unable to cancel your account effective for a future date. HostLessor Web Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostLessor Web Solutions as soon as possible.
Any active PayPal subscriptions must be cancelled by logging into your PayPal account upon cancelling your HostLessor Web Solutions account to avoid being automatically billed by PayPal for future payments. If you fail to do so, any overpayments will be added to your accounts credit balance and are non-refundable.
HostLessor Web Solutions does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostLessor Web Solutions services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. HostLessor Web Solutions reserves the right to cancel any account, at any time, without notice, for any reason HostLessor Web Solutions considers appropriate.
30 Day Money Back Guarantee
Each of HostLessor Web Solutions hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. Refunds will not be issued for the sole purpose of using our services in a "Free Trial" manner or for "buyer’s remorse". The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void:
(a) Dedicated Server plans, VPS Server plans, Server Management Services, Domain name registration, SSL certificates, domains transfers, web design & development, any addon services, and setup is not included in the 30 day money back guarantee.
(b) If administration time was used during your account such as server configuration (that is more advanced that regular troubleshooting) this guarantee is void.
(c) Illegal activity was conducted or intended on our servers will also void this agreement.
(d) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed, and eligible.
(e) If you ordered multiple hosting packages this guarantee will only apply to one hosting package, the first one you cancel. Cancellations of domain name registrations and transfers must be requested within 2 days of registration and there is a cancellation fee a $3.00 per domain name. After 2 days, no refunds will be given for domain name registration or domain transfers.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgment of providing refunds for our promotional offers.
There are no refunds given at any point for the following services:
Dedicated Server plans
VPS Server plans
Server Management Services
All other addon services
Credit Card Disputes/Chargebacks
HostLessor Web Solutions has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at HostLessor Web Solutions discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.
HostLessor Web Solutions policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
HostLessor Web Solutions Affiliate Program
HostLessor Web Solutions' spam policy also includes our affiliate program. Affiliates are not permitted to use spam in order to generate sales. If notification is received that your affiliate ID is included in a spam email, your affiliate account will be terminated and all funds within your account will be forfeited.
All affiliate sales payments are held for 90 days. If the client cancels or presents a chargeback or any type of payment dispute, the sale is considered null and void. All payments are made by PayPal and you can withdraw at any time once your account reaches $15.00. You can also add your affiliates commissions to your account balance to pay for your hosting account.
Websites that do nothing more than promote coupons or promotional codes are not allowed to participate in our affiliate program. Websites that do nothing more than lure visitors using our brand name are also not allowed to participate in our affiliate program.
Affiliate payouts are limited to $150 per month per affiliate and all payouts are subject to approval.
Methods known as "cookie-stuffing" and other types of affiliate fraud will not be tolerated. Affiliates trying to cheat our affiliate system or using a website that is not allowed, will have their account terminated immediately and all funds will be forfeited.
Free Domain Name Policy
Free domain names are only available on select hosting plans. The extensions allowed are: .com, .net, .org, .info and .biz. Free domain names must be redeemed at the time of your initial order and cannot be requested after your order has been completed, including upgrades. Domain names are free for the first year and our regular price upon renewal. Free domain names included with the purchase of qualifying hosting plans are non-transferrable. Domains obtained free with qualifying hosting plans may be transferred once the regular domain registration fee is paid and 90 days after initial purchase has been reached. Accounts that are upgraded from a plan without a free domain do not qualify for a free domain.
HostLessor Web Solutions reserves the right to update the Terms of Service without prior notice and no warranties shall be implied or given.
*** Dedicated Server and VPS Policy ***
To avoid fraudulent usage, all dedicated server and VPS orders are subject to verification. Any client may be asked at any time to present valid government issued ID to validate their order and identity, such as a driver’s license or passport. If paying by credit card we may ask for a scanned copy of the card as well. Refunds will not be given for clients that cannot present valid ID upon request. If you cannot or are unwilling to present valid identification upon request, please do not submit an order.
HostLessor Web Solutions' spam policy also applies to our dedicated server accounts. Dedicated server clients may not use their server(s) to send bulk email or any large amount of email that is considered spam.
Abusive scripts and applications
Dedicated server clients may not use their server(s) to run abusive scripts, such as but not limited to: IRC bots, bruteforce scripts, port scanners, vulnerability scanners, bots, sites that promote malware, phishing.
HostLessor Web Solutions dedicated servers may not be used for any type of activity deemed illegal by our local laws (Victoria, Australia). This includes but is not limited to: distributing/using cracked/nulled software, child pornography, distributing/using copyrighted materials without permission.
HostLessor Web Solutions has a no refund policy on all of our dedicated server and VPS plans. All sales are final.
Dedicated IP Address Policy
Dedicated IP addresses purchased from HostLessor Web Solutions are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses are subject to ARIN's new policies which require justification for the need of the IP address. An example of proper justification includes, but not limited to: SSL certificates, reseller accounts and dedicated servers. HostLessor Web Solutions will deny requests for dedicated IP addresses without proper justification.
General Terms and Conditions of Business***
Art. 1 Validity of these General Terms and Conditions of Business
1. HostLessor Web Solutions (Hereinafter referred to as "service provider") shall provide services to its contractual partners (hereinafter referred to as "client") solely on the basis of these General Terms and Conditions of Business (hereinafter referred to as "GTC"). These GTC shall be deemed to have been accepted by the client upon it making use of the service provider's services for the first time. The acceptance of contrary stipulations made by the client on the basis of its own terms and conditions of business is herewith excluded.
2. Deviations from these GTC shall only be valid if the client has been explicitly notified of these in writing.
Art. 2 Scope of services
1. The service provider reserves the right to extend and modify its services, and to make improvements. The service provider shall specifically be entitled to modify its services if such modifications are made in accord with standard commercial practice, or if the service provider is obliged to make such modifications as a result of amendments to legal frameworks or relevant jurisdiction. Appropriate consideration will always be given to the interests of the client.
2. The alteration of norms, addresses or other technical standards required for the utilization of and participation in the INTERNET shall have no influence on the corresponding contract, unless the alteration in question has been arbitrarily introduced by the service provider.
Art. 3 Responsibilities and obligations of the client
1. The client is required to use the services offered in an appropriate manner. The client is specifically required to prevent the misuse of access to any services provided, and to refrain from conducting unlawful activities over the Internet.
2. The client shall assume all responsibility for contents published by it. If the service provider discovers that content is being published that is indictable in the Australia, France, USA and Federal Republic of Germany, the service provider reserves the right to block or delete this content.
3. The client shall use the service provider's server and the software stored on it at its own risk. The service provider assumes no liability for losses incurred by the client as a result of the provision or transfer of files on and over the Internet. The service provider also assumes no liability for direct or indirect losses arising as a result of technical problems, server failure, loss of data, transfer errors, lack of data security or other reasons, unless these can be attributed to malicious intent or gross negligence on the part of the service provider. All claims by the client shall be limited to the value of the transaction in question.
Art. 4 Delays in the provision of services, specified deadlines and periods, acceptance of services
1. Where the provision of materials or services is delayed as a result of force majeur or events that significantly interfere with or make impossible the provision of the contractual services by the service provider - assuming that these events do not arise as a result of malicious intent or at least gross negligence on the part of the service provider or its agents - the service provider shall not be required to comply with specified deadlines and periods. In such cases, the service provider shall be entitled to postpone the provision of the materials or services for as long as the cause of hindrance is in place, plus an appropriate period of grace.
2. If the client is in default of payment or fails to meet other obligations to cooperate, the service provider shall be entitled to claim for any losses and additional expenditure arising as a result.
3. If the service provider is unable to provide the services in question by an agreed deadline, the client must grant the service provider a period of grace, and shall only be entitled to terminate the contract if the service provider fails to provide the services prior to termination of this period of grace.
Art. 5 Charges
Unless otherwise explicitly stated, all charges are quoted exclusive of VAT at the current rate.
Art. 6 Terms of payment
1. The corresponding proportion of the monthly charge shall be paid for any incomplete month.
Monthly charges must thereafter be paid in advance.
2. Annual, biennially and triennially charges must be paid in advance.
3. Charges shall become due on completion of a contract.
4. The service provider shall be entitled to demand payment in advance or the provision of appropriate securities before supplying any outstanding services if the service provider becomes aware of any significant deterioration in the financial situation of the client (e.g. because the client is in default of payment). The service provider shall be entitled to cancel the contract in whole or part if the required advance payments or securities are not forthcoming, and the client fails to provide these within an additional period of grace of at least two weeks. The service provider explicitly reserves the right to claim further compensation from the client in such instances.
Art. 7 Force majeure
The service provider shall be released from the obligation to provide services in cases of force majeure.
All unexpected events, as well as events that influence the performance of contractual obligations and are not the responsibility of either party, shall be considered to be events of force majeure. These events include specifically: legal industrial disputes (including such disputes in non-affiliated companies), the imposition of official requirements, failure of communication networks and gateways of other operators, and failure of the services of network providers (e.g. Deutsche Telekom AG), even if the related events occur within the areas of responsibility of subcontractors, sub-suppliers or their subcontractors or of those of operators of sub nodal data processors authorised by the service provider.
Art. 8 Liability and non-liability of the client
1. The client shall be liable for all consequences and losses that arise for the service
provider and third parties as a result of misuse or illegal use of the services of the service provider or as a result of failure on the part of the client to meet its other obligations.
2. The client herewith agrees to indemnify the service provider against all possible claims that may be lodged against the service provider by third parties as a result of illegal activities on the part of the client, specifically in relation to data confidentiality, copyright or competition laws, and to bear all costs of the claim or remedial action for the illegal activity.
Art. 9 Duration of contract, termination
1. The contract occurs automatically for another 1, 3, 6 and 12 months and if annual contracts is not terminated in writing later than three months prior to its expiry.
2. Unless otherwise agreed in an individual contract, the contract has a fixed duration of 1, 3, 6 and 12 months.
3. The date on which the notification of the contract termination is received by the other party at the address specified in the contract or otherwise explicitly specified address shall determine whether the above stipulated notification period has been met.
4. Both parties have the right to immediate termination of the contract for material reasons. Material reasons shall be situations in which it is unreasonable to expect the one party to continue to meet its contractual obligations for reasons that are the responsibility of the other party, and the other party fails to immediately rectify the matter despite being sent a warning.
Art. 10 Data protection
Both contractual parties must treat passwords as strictly confidential, and must change these without delay if the suspicion arises that an authorized third party has obtained knowledge of these. The client will notify the service provider without delay should any such suspicion arise. Similarly, the same shall apply in the case of the service provider if it alters passwords that are relevant to the client and its activities.
Art. 11 Concluding provisions
1. Any declaration of intent (such as notice of the intention to terminate the contract) and any correspondence may be sent by email, letter post or fax. The service provider and the client are aware that, as a rule, if one of the contractual parties makes reference to the receipt and content of any declaration of intent, this party shall be obligated to prove that it has been received by the other contractual party. Should a contractual party change its address, it must notify the other contractual party without delay.
2. A written and signed authorization of the administrative contact (admin-c) is essential before a domain can be assigned to another provider. This must be sent to the service provider by email, fax or letter post.
3. Place of performance is Melbourne, Victoria, Australia. Exclusive place of jurisdiction for claims arising from the contractual relationship between the parties (including actions regarding dishonored checks or bills and all disputes between the parties relating to the completion, performance and termination of the contract) shall be Melbourne, Victoria, providing that the client is a registered merchant, legal entity as defined by public law or a special fund under public law. The service provider reserves the right to instigate legal action against the client at the court generally or otherwise legally responsible for it.
4. The contractual relationship between the contractual parties shall be exclusively subject to Australian law.
5. Should any provision of this agreement be or prove to be invalid, this shall have no effect on the validity of the remaining provisions. An invalid provision shall be replaced with one that accords with or at least approximates the intended purpose of the agreement that the parties would have agreed to for the purposes of realizing the given commercial purpose of the agreement had they been aware that the original provision was invalid. The same shall apply to any loopholes.