Terms of Service Agreement

Terms of Service

Use of Coolwebs services (including web hosting) constitutes acceptance and agreement to Coolweb’s AUP (Acceptable Use Policy). From herewith in this TOS, AUP the usage of “us”, “we”, “our”, “ours” shall constitute reference to Coolwebs. The usage of “you”, “your”, “they”, “them” shall refer to client / customer of Coolwebs.

Acceptance of Contractual Agreement

  1. Client agrees that by placing an order via electronic ordering (Paypal order form/EFT) and receipt of such order by us, that you are agreeing to our Terms of Service (TOS) and  Acceptable Usage Policy (AUP). No modifications of said contract by customer is allowed.
  2. We will provide, and Customer will purchase and pay for, the Services, and service fees specified in the order for the applicable service description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

What may NOT be hosted on our network:

  • Warez
  • Virus software
  • Spamming server/website
  • IRC
  • Child and adult pornography
  • Copyrighted media, includes but not limited to: Video, Music, TV, Radio
  • Hacking tools / material
  • Anything that may harm us, the server, or anyone else (mentally, physically) .

Scheduled downtime

Problems outside of our network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network.

Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.

Payments and Fees

1st payment is due upon commencement of website contract (when you order from one of our packages). The final fee (2nd payment) is due upon 80% completion of the project. Once the final payment has been processed we will then complete the project 100% (i.e. publish the website and do final submission).

Overdue Accounts

We may temporarily deny service (access to your website) or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued service fees, or any collection fees. Please note that service may be suspended on accounts that reach 10 days past due.

Account Cancellation

All requests for canceling your web hosting service with us must be made in writing with at least 14 days notice but not more than 28 days prior to cancellation by emailing us at info@coolwebs.com.au or by using the Contact Form. Include your domain name, company and full name in your email.

We do not issue refunds on any amounts paid previously by the customer for website design and development (i.e. first or final payment). If you decide to opt out or cancel the contract before you have paid the final amount – your website will be deactivated and you will forfeit all previously provided services.

Refunds and Disputes

All payments to us are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in our discretion which is valid, under the terms and conditions of our AUP  and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Receipts

Electronic Receipts are issued by the Paypal system as and when the payment is processed. They are sent by email to your registered email address. The receipt will conform to the tax receipt requirements for the Australian Taxation Office.

Copyright and Ownership

You are purchasing a license of one (1) copy of the website template and associated code. You are licensed to display the website on one domain only. You may not mirror or otherwise distribute, disseminate or share the website template or images in any way outside the normal display of your website.

This includes such things as:

  • You are not allowed to sell the website to a third party without the written consent of the company.

Acceptable Usage Policy

We are dedicated to providing outstanding top quality service for a cool price. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. We will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact us

Illegal Usage

Our 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 is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, hackers programs or archives, Warez sites, MP3, and IRC bots.

The subscriber to our services agrees to indemnify and us unaccountable from any claims resulting from the use of the service that damages the subscriber or any other party. We will be the sole arbiter as to what constitutes a violation of this provision.

Security

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

Background Running Programs

We do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. We do not allow IRC or IRC bots to be operated on our servers.

Backups

Our web hosting agents perform daily backups on all servers to ensure critical files are never lost. However we are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their website that may be put on by a third party (such as the usage of Free For All links pages).

UCE (Unsolicited Commerce Email) – SPAM

Spamming, or the sending of mass unsolicited email, from or through our server is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through our server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Server abuse

Any attempts to undermine or cause harm to our servers or customer is strictly prohibited. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

Our web hosting accounts are not to be used for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact us for a special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Our web hosting accounts are not to be used for the purposes of distributing and storing unusual (high) amount of multimedia files. Any website whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names

We will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered via our company, we will send you a reminder notice 1 month prior to renewal deadline. You must check and take appropriate actions to renew a domain that is about to expire.

Actions Taken by Us

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of the AUP. Coolwebs reserves the right to remove any account without prior notice.

When we become aware of an alleged violation of the AUP, we will initiate an investigation. During the investigation, we may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement authorities of such violation.

The customer(s) agree to indemnify and hold Coolwebs unaccountable from any claims resulting from the use of our services that damages them or any other party. Our service is provided on an ‘as is 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. We expressly disclaim any representation or warranty that our service will be error-free, secure or uninterrupted.

No oral advice or written information given by us, licensors or the like, will create a warranty; nor may you rely on any such information or advice. We and our 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.

Modification

We reserve the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.