Hopton Hosting

Hopton Hosting Terms of Service

Hopton Hosting Terms of Service

01) Web Site Hosting And Email
02) Service Availability
03) Payment
04) Termination
05) Indemnity
06) Limitation Of Liability
07) Notices
08) Support
09) Law
10) Headings
11) Torturous Conduct
12) Cancellation of Services
13) Entire Agreement
14) Freedom to use these Terms

Hopton Hosting Terms of Service:

Where the content states: "We" includes Hopton Hosting or any party acting on Hopton Hosting's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. Web Site Hosting And Email

1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2 You are responsible for backing up all your data. We backup the Server regularly but we do not guarantee the existence, regularity or accuracy of these backups.
1.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
1.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Hopton Hosting in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
(d) any material which contains pirated software (Warez).
(e) any material containing deceptive marketing practices.
(f) any material containing "chain letters" or other "pyramid schemes" of any type.
1.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
1.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
1.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
1.5 You are accountable for all the content on your Web Site. This includes any third party posting on a bulleting board or forum. If any content on the bulleting board or forum breach this TOS, it will be treated as you breaching the TOS.
1.6 You will not install any insecure Form Mail scripts. A list of secure Form Mail scripts is located on our support page.
1.7 You will not cause or attempt to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which you are not an intended recipient, or logging into a server or account that you are not expressly authorized to access.
1.8 You will not install any script that gives you shell type access to the server. We do not give shell access to anyone no matter what the circumstances are. If a command needs to be run from the shell please contact Hopton Hosting support.
1.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
1.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.11.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
1.11.2 It is contrary to Hopton Hosting policy for Members to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list. To send mass e-mailings; whether unsolicited, opt-in, or otherwise. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Hopton Hosting provided server, or using a Hopton Hosting provided server as a mail drop for responses. To falsify user information provided to Hopton Hosting or to other users of the service in connection with use of a Hopton Hosting service.
1.11.2(a) Consequences of Violation:
When Hopton Hosting becomes aware of an alleged violation of its Acceptable Use Policy, Hopton Hosting will initiate an investigation. During the investigation Hopton Hosting may restrict Member's access and/or remove the suspected violating content in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Hopton Hosting may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offence, Hopton Hosting will notify the appropriate law enforcement department of such violation.
1.11.2(b) You shall be held liable for any and all costs incurred by Hopton Hosting as a result of your violation of these terms and conditions. This is including, but is not limited to, legal fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Hopton Hosting's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is AU $100 per hour, with a minimum one (1) hour charge, plus AU $1 for each bulk-email or Usenet message sent, plus AU $1 per complaint received.
1.11.3 Hopton Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
1.12 Any access to other networks connected to Hopton Hosting must comply with the rules appropriate for those other networks.
1.13 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.14 If you surpass your allotted bandwidth usage as set forth in your purchased plan, your account will be automatically suspended until the beginning of the next month. You can purchase additional bandwidth at the rate of AU $4 per Gigabyte.
1.15 You may cancel the Services by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. Give at least 7 days notice prior to the renewal date to prevent the next months fees being charged.

2. Service Availability

2.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason.
2.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.4 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount of Bandwidth indicated in your current plan your account will be automatically suspended until the beginning of the next month. You can purchase additional Bandwidth at the rate of AU $4 per Gigabyte.

3. Payment

3.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize the credit card processor you chose to debit your account renewal fees from your card.
3.3 All prices are in Australian Dollars unless specifies otherwise.
3.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of AU $60.
3.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

4. Termination

4.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.4 No refunds will be made for Services suspended in accordance with 4.1, 4.2 and 4.3.
4.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period of membership.
4.6 You may cancel the Services by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. Give at least 7 days notice prior to the renewal date to prevent the next months fees being charged.
4.7 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
4.8 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

5. Indemnity

5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

6. Limitation Of Liability

6.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
6.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
6.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7. Notices

7.1 Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

8. Support

8.1 All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact Hopton Hosting support. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
8.2 The support feature of our service at present time consists of our Support System solving server related problems only.
8.3 Support can only be addressed in English through our Support System.
8.4 All Support requests are to be processed through our Support System.
8.5 In the event of a server outage or other such emergency, you are free to contact support via telephone.

9. Law

9.1 This Agreement shall be governed by and construed in accordance with Australian law and the laws governing the state of South Australia. You hereby submit to the non-exclusive jurisdiction of the Australian courts.
9.2 Any legal proceedings against Hopton Hosting that arise must be carried out within the Adelaide metropolitan area.

10. Headings

10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

11. Torturous Conduct

11.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
11.2 Any abuse towards any Hopton Hosting employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Hopton Hosting or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Hopton Hosting or it's employees shall be considered a violation of this TOS.
11.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Hopton Hosting or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
11.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. Hopton Hosting will be the sole arbitrator in regards to what is deemed a violation.
11.5 No refunds shall be given when the contents of this section necessitates removal of the account.

12. Cancellation of Services

12.1 You may cancel the Services by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. Give at least 7 days notice prior to the renewal date to prevent the next months fees being charged.

13. Entire Agreement

13.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
13.2 Hopton Hosting reserves the right to amend these TOS at any time.
13.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.

14. Freedom to use these Terms

14.1 You (anyone viewing this page) are free to use these terms as a template for writing your own. Please have it reviewed by a local lawyer to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.
14.2 Hopton Hosting releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (14.4).
14.3 In no form can you hold Hopton Hosting responsible for any and all actions arising out of your use of these terms as your own.
14.4 If you choose to use these terms as your own, this section (14) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
14.5 Our release of this text material in no way assigns rights of any images viewed herein.

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