AINS Web Hosting Service Terms
1. Dictionaryapplication means any software in object code and compiled/executable format. plan refers to a specific AINS Web Hosting product.
publish means to make something visible to or accessible from the Internet by use of any service or
facility we provide you.
web server means a server or server cluster that makes a web site visible on the internet
We, us or our means Australia Internet Solutions Pty Ltd (ACN 076598582) trading as “AINS” or
“AINS Telecommunications”.
2. About
(a) These terms are service terms for our Web Hosting plans which hosting of your: i. website, associated database(s) and customised server-side scripts ii. email accounts and
iii. domain name
3. Application
(a) These terms apply to all Web Hosting services and plans we provide and form part of our customer contract with you. They must be read in conjunction with our Standard Form of Agreement (“SFOA”) located at: http://www.ains.com.au
4. Web Hosting services
(b) Unless we advise you otherwise our Web Hosting services mean:
i. allotting you hard drive space on one of our web servers in accordance with your chosen Plan;
ii. giving you FTP access to upload and update the material for its web site; iii. allocating the web site an IP address;
iv. arranging for the IP address and your domain name to be registered in the DNS, where we have agreed to do this for you;
v. using reasonable endeavours to keep the web site available for access on the world wide web; and any other functionality which we specify in our plans from time to time.
5. Service levels
(a) There are no service levels with our plans, unless we agree to any in writing.
(b) In the absence of service levels we cannot guarantee performance, however, we will always endeavour to provide the highest level of uptime.
(c) We may notify you of scheduled maintenance times which may affect performance of the service.
6. Web Hosting
(a) You are responsible for:
i. the whole of the design and implementation of your web site; and ii. choosing the right web hosting plan for your purposes.
(b) Apart from the operating system and the web server software on a server, any software (e.g. CGI scripts) made available by us is supplied on an as-is basis, and without any warranty, and you are solely responsible for satisfying yourself as to its suitability for your purposes.
(c) You must:
i. not publish any content that exposes us to the risk of legal action; ii. not use the web site or allow it to be used for any unlawful purpose; iii. not use the web server for testing or developing applications;
iv. not run any application on a web server that may impair the operation of the web server;
v. not store log files for longer than 30 days, otherwise we will delete them; vi. keep a backup copy of all material you upload to the web server;
vii. download and backup from the web server, any data that is created on the web server as often as necessary to ensure that loss of data will not cause significant harm;
viii. observe all proper practices and procedures in relation to the security of the web site;
ix. remove any application that we determine to be harmful to the web site or web server;
x. indemnify us against any harm we may suffer from a breach of these obligations, or as a direct or indirect result of the publication of the web site.
(d) If you chose to use DNS services that are not supplied by us, then we have no liability at all if those services are inadequate in any way.
(e) We may refuse to accept as part of a web site any application that we consider may cause harm or be a security risk.
7. Disk quotas
(a) Depending on your plan, you will have a specified maximum disk quota for your Web Hosting plan and this maximum disk quota includes:
a. Web site, b. Databases,
c. Your public FTP directory and d. Email accounts
(b) It is your responsibility not to exceed disk quotas.
(c) You acknowledge that exceeding disk quotas may cause your web site, FTP to malfunction. If that happens, we have no responsibility.
(d) If you exceed your disk quota then we may impose excess charges in accordance with your plan.
8. Backup services
(b) Our standard backup policy will not be tailored to your needs and you are solely responsible for deciding if it is adequate for its purposes;
a. Unless you have chosen our optional Data Backup Option.
(c) If you request us to restore any data, we will do so if we can from the backups then available.
(d) If we cannot, we are not liable to anyone in any way.
9. Supported hardware and software
(a) We will only provide supported software for use on our web servers and this will vary depending on the plan you choose.
(b) Even in the case of supported software, we may decline to permit certain functionality to operate (for example, certain FrontPage extensions, or CGI scripts other than those supplied by us). You are responsible for familiarising yourself with what functionality is not permitted.
10. Supply of software
(a) We will procure and own any software licences that are required for the purposes of these terms and specified in a hosting plan.
(b) Otherwise, you are solely responsible for selecting and procuring licences for any software you require for the purposes of your web site or email services, and for ensuring that it is compatible with our hardware and software.
(c) We may change, remove or update any version of the software that runs on our web servers without notice – but where we intend to change, remove or update any software on our web servers we will endeavour to give you notice.
(d) Where we provide updated software it is your responsibility to ensure that any updated software is wholly compatible with your web hosting requirements.
11. Acceptable use policy
You must use these services subject to our AUP.
12. Security
(a) We will provide a firewall for the server configured in accordance with good practice. (b) You acknowledge that:
i. you are solely responsible for familiarising yourself with the details of the configuration of our firewall, and for satisfying yourself that it is an appropriate configuration for your needs;
ii. we are not responsible for any failure of any firewall or other security hardware or software, to provide full protection of web server/s or any web site;
iii. we are not obliged to alter the configuration of our firewall to suit you.
iv. any degree of Internet access involves security risks, and it is not feasible to exclude all security risks, as threats to Internet security are continually being discovered. (b) We may block, restrict access to or block public access to web content or a web site where
we believe such content or web site has been exploited or poses a security risk in our absolute discretion.
13. FTP access
Where a plan includes FTP access by multiple persons:
(a) you are solely responsible for ensuring that the public FTP directory contains nothing that should not be available to those persons;
(b) the public FTP directory and the material in it are taken to be part of your web site.
14. Domain names and IP addresses
(a) Unless we agree to register a domain name for you, you must do all that is required to register and maintain registration for your domain.
(b) Any IP address that we make available for your use always remains our sole property and is subject to change however in the event we intend to change your allocated IP address we will endeavour to provide reasonable notice to you.
15. Excess data usage
(a) All quoted data transfer amounts are inclusive of inbound and outbound traffic.
(b) If the volume of data coming to or from your web site exceeds any pre-set quota in your plan, then you are liable for the payment of excess charges in accordance with your Plan. (c) If you have reason to anticipate that the volume of data coming to or from your web site
will vary significantly, you must give us notice immediately.
(d) If we request it, you must in good faith give us forecasts of your anticipated requirements for disk quotas, or the volume of data coming to or from your web site from time to time. (e) We may require you to upgrade your plan, where you exceed your data usage exceeds your
pre-set quota under your plan.
16. Billing and Payment
(a) Web Hosting Plans are prepaid in advance.
(b) Where you have chosen to pay monthly in advance, you must agree to direct debit payment by credit card or a bank account;
i. If your Web Hosting plan is billed on the same account as that used for other AINS services then your payment term and method remains unchanged from that of your usual account.
(c) Where you have chosen to pay yearly in advance, you must pay within our standard payment term as set forth in our SFOA.
17. Termination
(a) If we provide the Service to you without a fixed contract term, we will provide the Service in accordance with these Terms until the Service is cancelled under this clause 16.
(b) If we provide the Service to you with a fixed contract term, we will provide the Service to you in accordance with these Terms until the expiration of the fixed term or until the Service is cancelled under this clause 16.
(c) If neither you are we cancel the specific Service at the end of the fixed contract term or the Service is not cancelled under this clause 16, then we will continue to provide the Service on a month to month basis in accordance with these Terms.
(d) You may cancel the Service at any time by giving us 30 days written notice of your intention to do so.
(e) If you cancel the Service before the fixed contract term for your Service has expired, for example, you cancel the Service 6 months into your 12 month fixed contract term, you agree
that if you have paid any money in advance then you will forfeit that money or if you have not paid any money in advance, we can charge you for the remaining term of the contract. (f) Where you acquire the Service on a month by month basis, we can cancel your Service at
any time if we:
i. Get your consent;
ii. Give you 30 days written notice, or as otherwise agreed between you and us; or iii. Migrate the Service to another service that is not materially worse than the Service. (g) Where you acquire the Service under a fixed contract term, we can cancel the Service
before the end of the fixed contract term at any time if: i. We get your consent to do so;
ii. We appropriately offset the effect of the cancellation on you, for example, by providing an appropriate credit or rebate to you;
iii. We migrate the Service to another service that is not materially worse than the Service; or
iv. We offer to migrate you to an alternative service for the remainder of your fixed contract term and we offset any material detrimental effects of the migration caused by any material differences between the Service and the alternative service we offer. (h) We can cancel the Service at any time, if:
i. You are in material breach of these Terms;
ii. We have notified you in writing of your material breach and you have failed to remedy it within 14 days of the date of the notification; or
iii. The material breach is something that cannot be remedied, in which case we reserve the right to cancel the Service immediately.
(i) You will be in material breach of these Terms if you:
i. Do not pay the charges for the Service when they become due and payable;
ii. Use the Service in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our security or network capability or that of our suppliers or other customers, or is illegal; or
iii. Breach any of your obligations under our Acceptable Use Policy.
(j) If we cancel the Service under this clause 16, then you agree that, if you have paid any moneys in advance, you will forfeit that money, or if you have not paid any money in advance, we can charge you for the remaining term of the contract.
(k) We may delete any of your data left on a web server after the end of this customer contract. (l) You are solely responsible for downloading any data that you wish to retain from or
associated with your web site, before the end of this customer contract.
(m) We are not responsible for the loss of any data associated with your web site because you failed to back up it up.
(n) If any data is left on a web site the end of the customer contract, we may back it up or duplicate it in any manner we think is suitable, but we do not have to.
18. Non merger
