TERMS AND CONDITIONS OF SERVICE
AND Adds Together
By having Your website hosted by Adds Together, You agree to the following Terms and Conditions of Service.
This is a legal agreement between You and Adds Together.
The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources.
Before placing Your website on Servers operated by Adds Together, You must read the Agreement and accept its terms and conditions.
If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by Adds Together.
"Agreement" means these Terms and Conditions of Service.
"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.
"Client" means any person to whom Adds Together provides the Service.
"domain parking" means one or more domain names pointing to Your website, or any part of it.
"Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism.
"Adds Together", "we", "our" and "us" means Adds Together (1119644V).
"person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
"Servers" means all Servers owned or operated by Adds Together, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Adds Together providing the Service.
"Service" means the hosting of Your website and related services on Servers operated by Adds Together, including access to Your website by You or any other person.
"website" includes all aspects of the Service (website, mail facilities, FTP access etc).
"You" and "Your" means the person who agrees with Adds Together to have a website hosted on Servers operated by Adds Together.
Order Details and Processing
You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply.
You confirm that the details You have provided to Adds Together when ordering Your web hosting account are complete and correct.
We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) at your request within seven days.
You must not:
You must keep confidential, all passwords created or used in relation to the Service.
You must not:
Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling-related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour.
This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software.
If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice.
If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice.
You must not use Your website to mirror any material on any other website without the written permission of Adds Together. Adds Together has sole discretion to determine whether to grant permission to You to mirror another website.
No Web Cams
Your site must not contain any "Web Cam" content.
Submitting Site Details To Third Parties
You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions:
You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/).
If You require additional domain names to be pointed at Your website, You must obtain written permission from Adds Together. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website.
You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain.
You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content.
Your hosting account has a pre-determined traffic allowance, as detailed on Our website.
If, at our sole discretion, we decide that your website has received more than Your pre-determined traffic allowance in any calendar month then we may, at our sole discretion, either :
You acknowledge and agree that Adds Together has the sole right to determine when and where these provisions apply. Due to time constraints Adds Together cannot analyse Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyse Your traffic patterns Yourself if You so desire. You acknowledge that Adds Together has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges.
If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice.
Use of Disk Space
Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from Adds Together. You must not place "demonstration" versions of third party web pages on Your website without written permission from Adds Together. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from Adds Together.
Adds Together reserves the right to decide whether any pages on your site are in fact hosted for third parties.
You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website.
Number of Files
There is a limit to the number of files which can be stored on Your website. You can have up to 5,000 files on any Personal Class plan, up to 5,000 files on a Business plan, up to 10,000 files on a Business Plus plan, and up to 20,000 files on a Large Business plan.
Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 50 MB in size.
The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either:
Adds Together scans incoming and outgoing messages for viruses. However Adds Together does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Adds Together reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus.
Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.
Adds Together will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service.
Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply.
We strongly encourage You to keep a backup of Your site on Your home or office computer.
We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months.
All mailboxes are limited to 20 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it.
Adds Together will remove without notice any messages that have been in Your mailbox(es) for more than 120 days.
If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes.
Adds Together reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion.
If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis.
Providing Mail Services for Third Parties
You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties).
Spam (Unsolicited Email)
You must not send unsolicited email messages from an Adds Together server.
You must not use an email address or domain name that is hosted by Adds Together to send unsolicited email messages.
If You breach these conditions we may immediately terminate the Service without notice.
Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements
You must not use Adds Together Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community.
If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice.
If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
We do not allow background processes, cron jobs or daemons to be run.
We reserve the right to disallow installation and/or execution of any script if the script contains at least one security fault, programming fault, or is too resource intensive.
The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is banned on our servers because it can be easily exploited by spammers. Additionally, any scripts which are based on Matt Wright's FormMail code are banned on our servers. However please note that an alternative, secure, version of FormMail can be installed easily through our Control Panel or on by Us on at Your request. The alternative version of FormMail is a drop-in replacement for the Matt's Script Archive version of FormMail so will work with forms written for the Matt's Script Archive version of FormMail.
Chat Rooms and IRC
Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms or IRC-related software on our Servers.
Domain Name Registration and Transfer
Domain name registration fees are not included in our prices unless we explicitly state otherwise (for example, as part of a special offer).
You will be responsible for handling the domain registration process and paying the necessary registration fees to Your registrar. Adds Together will be happy to provide You with the technical details required to register Your domain name, if requested by you.
If Your domain name has already been registered we will not submit the domain name transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself.
If You require Your domain name to be changed, additional setup fees will be charged.
We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email and/or our online Support Request Form at our discretion.
You agree to correspond with Adds Together via our Tech Support Wizard. If Adds Together needs to contact You for any reason we will do so via email only.
You agree to notify us promptly of any changes to Your email address or other contact details.
Additional Conditions for Specials
If You purchase Your
account in response to a special offer advertised by us (such as a discounted
web hosting plan), then additional and/or alternative terms and conditions may
apply. Details of such additional and/or alternative terms and conditions are
disclosed on the relevant pages on our website (that is, on the pages which
outline the details of the special offer You have chosen) and form part of this
Agreement. If the additional and/or alternative terms and conditions are
inconsistent with this document, then the affected clauses in the additional
and/or alternative terms and conditions will override the conflicting clauses in
Billing Cycle, Invoices and Payments
Our billing cycle is monthly in advance. Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one week before each subsequent payment is due.
You acknowledge that invoices will be sent to the email address supplied on Your hosting application. You acknowledge that We will not automatically charge Your credit card for Your Service fees unless You have supplied us with a signed request to do so.
If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice.
If You accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to Your Adds Together account. At Your request, we will refund the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges.
While Adds Together requires prepayment, in certain instances we may decide to provide you with services and permit payment at a future date. Where this occurs, payment is required as and when specified by us. If payment is not made as required, we may commence actions to recover these debts, and you may be liable to pay additional fees related to our recovery actions. Such fees may include interest charges as well as other fees reasonably related to our recovery.
Prices are subject to
change without notice. Any change in monthly fees will apply to Your next
hosting period, but will not be payable for Your current hosting period.
Adds Together may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then Adds Together has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content.
Cancellation of Service
You may cancel the Agreement at any time by providing Adds Together with written authorisation to close Your web hosting account (the Service). You are required to notify us via email if You require the Service to be cancelled. Hosting fees will continue to apply until cancellation is confirmed by us.
We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice.
You acknowledge that Adds Together does not keep copies of files for web sites that are no longer hosted with us, and that Adds Together has the right to remove all website files at the time the Service is cancelled or discontinued.
Interruption of Service
We do not warrant that the
Service will be continuous and/or fault free. We will exercise due care and
skill in providing the Service, and service interruptions will be compensated
under our uptime guarantee, subject to the terms and conditions of the
guarantee. We are not responsible for any loss, damage, injury or otherwise
detriment resulting from our provision of the service or the operation of the
agreement. You accept that the uptime guarantee provides adequate and suitable
compensation for interruption of service.
Limitation of Liability
You indemnify Adds Together, its holding company and subsidiaries, directors, contractors, employees and associates in relation to any Claim as a result of:
If a term is implied into the Agreement by the Trade Practices Act 1974, Adds Together's liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again.
Modifications to Service
Adds Together reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that Adds Together will not be liable to You or any other party for such modifications to the Service.
Adds Together reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the Adds Together site.
Right to Outsource
At our sole discretion, we
may outsource the Services or the performance of any work, or part thereof,
relating to the Services to any party as we see fit.
Intellectual Property Rights
You agree to indemnify, hold harmless and defend at your own expense us from and against any and all Claims for infringement of copyright, patents, trade marks, industrial designs or other intellectual property rights issued under the laws of any country where the copyright, patents, trade marks, industrial designs or other intellectual property were provided by you, or where you represented, expressly or impliedly, that the copyright, patents, trade marks, industrial designs or other intellectual property were your intellectual property.
We undertake to give you prompt notice of any Claim described above that is made against us or any of our subsidiaries, dealers or customers and you will forthwith defend any such Claims and make settlements thereof at your own expense.
You acknowledge that any and all of the copyright, patents, trade marks, industrial designs or other intellectual property rights used or subsisting in or in connection with our business, marketing and/or support material relating to our business and all documentation and manuals relating thereto are and will remain our property and you will not, during or at any time after the expiry or termination of this Agreement, in any way question or dispute the ownership by us thereof.
You will not, during or after the expiry or termination of this Agreement, without the prior written consent of us, use or adopt any name, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name, trading style or commercial designation used by us.
You acknowledge and agree
that the Service and any necessary software used in connection with the Service
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further agree not to reverse engineer
or create derivative works based on the Service, or copy the Service in any way.
We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
You warrant that You are 18 years of age or older and have the capacity to enter into a legally enforceable agreement. If applying and/or utilising the Service on behalf of any business, You warrant that You have legal authority to do so.
Headings used in these conditions are for convenience and ease of reference only, and shall not be relevant to, or affect the meaning or interpretation of the agreement. .
You irrevocably submit to the exclusive jurisdiction of the courts of Queensland Australia and the applicable laws of that state.
If any provision of this agreement is held to be invalid or unenforceable in whole or in part, the invalidity or unenforceability of such a provision will not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect.
Neither party will be liable to the other party in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure.
Failure or neglect by us to enforce, at any time, any of the provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement or prejudice our rights to take subsequent action.
This document constitutes the entire agreement between You and Adds Together for the Service, and supersedes all prior agreements, understandings and representations both oral and written.
You may not assign, attempt to assign nor otherwise transfer any right or obligation arising out of this Agreement without our written consent.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE PROVIDED TO YOU AND/OR YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.
YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT YOUR LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.
NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).
We make no statement,
warranty, representation or promise not expressly set out in the Agreement, or
required by law. We expressly disclaim all warranties, representations or
promises in relation to the Service.