Terms Of Service

You must accept the terms of this Agreement in order to use the Services.

HostShop reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the HostShop Web site (the "Site"). Your continued use of Services following HostShop posting of any changes or modifications will constitute your acceptance of such changes or modifications.

HostShop reserves the right to modify these terms at any time without notice. HostShop maintains the right to monitor any and all accounts at any time for any violations of these terms. By activating any type of account with HostShop you agree to abide all the terms and conditions contained within this page.

Payment Policy

All services provided by HostShop are pre-paid in advance for either one month or one year periods. Full payment is required before we will create an account or add additional services to any account. You will be billed automatically on the day of sign-up and every 30 days or every one year thereafter (this is your your "billing date") until a cancellation request is received. If during any month there are any account overages (eg. bandwidth, disk space, etc.), you will receive a separate invoice by e-mail for these charges which must be paid within 7 days of receipt.

Please note that if payment for your services in full is not received by your billing date, or payment for overages is not received within 5 days of the invoice date, you will be notified by e-mail and we will attempt to re-bill for up to 3 days before your account is suspended. You must then contact support@hostshop.com.au to work out payment options. After 14 days the account will be terminated and all content deleted if not paid in full. All accounts suspended for failure to pay are subject to a $15 re-activation fee.

Cancellations

To cancel an account, you must e-mail support@hostshop.com.au requesting the account cancellation at least five days before your next billing date. You will be notified via e-mail as soon as the cancellation request is completed or if any further information or action is needed on your part..

Refund Policy

HostShop provides a 14 day money-back guarantee on all new hosting accounts. If for any reason you are dissatisfied with our service within 14 days of sign-up, we will gladly refund your payment in full minus any setup fees or overage fees if a cancellation request is submitted within your first 14 days of service. After 14 days of service, only refunds for any full, un-used months remaining in your paid term will be given. If at any time an account is terminated for violation of these terms of service, no refunds will be given.

Account Termination

HostShop reserves the right to refuse service, suspend, or terminate any account for any reason, at any time without prior notice. If at anytime your account is suspended or terminated, we will attempt to notify you by e-mail as to the reason and it is our sole discretion whether or not to re-activate a suspended or terminated account. We are not responsible in any way for any loss, financial or otherwise, or any third party obligations you may incur as a result of the suspension or termination of your account. We are also not responsible for notifying any third parties that your service has been suspended or terminated or forwarding any e-mail accounts of a suspended account/domain.

Prohibited Activity

You may only utilize HostShop's services for lawful purposes as dictated by the laws in any and all locations in which your content will be accessed. At no time may you display, transmit, or store any material that violates any state, federal, local, or foreign law. Also prohibited are the following....
- You may not provide commercially available software, files, or patches for download from your site that were not created in full or in part by yourself, with the exception of files that are licensed under the GPL. This includes but is not limited to software drivers and patches which are primarily available for download elsewhere.

- You may not provide any type of copyrighted material (including but not limited to video and audio files such as MP3's) unless the material was created by you and/or you maintain the rights to distribute such files and can provide proof of your rights to do so.

- You may not post, infer, store, provide advertising for, or provide links to any form of illegal or pirated software including, but not limited to pirated software, warez material, hacker programs, cracks, keygens, or illegal serial numbers.

- Operating any type of IRC client or server program including any type of IRC bot is prohibited.

- Any attempts to hack or deface our servers or accounts of other members is prohibited as well as any attempts to intentionally degrade the performance of our servers or intentionally over-utilize our bandwidth (eg. denial of service (dos) attacks). If at any time your site is over-utilizing resources or bandwidth, intentionally or not, we will investigate the cause and impact on other customers and may temporarily suspend your account or take whatever steps are necessary to eliminate the issue. If the problems persists, your account may be terminated.

- You may not re-sell your web services or operate any type of web site on HostShop's servers the competes directly with the services offered by HostShop unless you subscribe to a hosting plan specifically designated as "Reseller".

- Violation of any of the above will be grounds for the immediate removal of the offending material and/or termination of your account.

Reseller Accounts

We do not impose any usage restrictions upon reseller accounts or accounts created by resellers as along as the they are not used in violation of any state, federal, local, or foreign laws and are not used for sending unsolicited e-mail (spam) as stated in the spam policy in section. Resellers are still responsible for complying with these terms of use in regards to their primary reseller account but may provide their own terms of use at their own discretion for their customers, with the provision that spamming is prohibited on all accounts created by the reseller. HostShop is not responsible for the content of reseller accounts or their customers and will not be responsible for providing any support whatsoever for any accounts created by resellers. All customers of our resellers must contact their reseller for all support issues related to their account. In the event that a reseller account is suspended or terminated, all accounts created under that reseller account will be suspended or terminated as well.

SPAM (Unsolicited E-Mail)

Spamming is annoying and harmful practice that we will not cater to in any way, shape, or form. This not only includes using our smtp servers to send spam, but also using php, cgi, etc. scripts that act as their own mail server to send spam.

- You may not utilize any HostShop owned server for the purpose of spamming (any form of unsolicited e-mailing) or mass-emailing (the distribution of an e-mail message to more that 30 individual e-mail addresses).

- Even by including by a opt-out mechanism, we still consider any form of unsolicited e-mail to be spam as most people never knowingly "opt-in" in the first place.

- You may not advertise any site hosted by HostShop through the use of unsolicited e-mail sent from any server, HostShop's or otherwise.

- No one, HostShop customers or otherwise, may utilize any e-mail address of any domain hosted by HostShop in the act of sending unsolicited e-mail. This includes, but is not limited to, setting the from or return address of an unsolicited e-mail to that of a domain hosted by HostShop.

- All accounts in involved in the activity of spamming in any form will be terminated.

CGI Scripts

All accounts may be provided with a cgi-bin. Although you may use the cgi-bin as you wish, if at any time your use of a cgi program negatively impacts the performance of the server, it may be removed at our sole discretion. Please note that due to server resource issues, we do not allow the use of "Ikonboard" in any form.

Backups

HostShop makes server backups solely to aid in data recovery in the event of a catastrophic server failure. You are solely responsible for backing up your own data in the event you lose, delete, or overwrite a file or e-mail. We make absolutely no guarantees as to the integrity of your data while stored on our servers and we will not be responsible for data loss on your part or on our part. All accounts include a one-click backup function that will allow you to back up your entire site to a compressed (zip) file.
Network Availability

HostShop provides a 99.9% up-time guarantee. This means that in a 30 day period (720 hours), as defined by your billing cycle , if your site is unavailable due to network or server issues on our part for a total of 3.6 hours or more, we will refund a portion of your current months hosting fees equal to the down time. To be eligible to receive a refund, you must e-mail support@hostshop.com.au with details regarding the downtime and copy/paste the results of a traceroute from your computer to your web site during the down time. We are not responsible for any financial losses or any lost business that you may have as a result of any period down-time for any reason - server, network, or otherwise.

Bandwidth Options

Bandwidth overages are not tolerated at HostShop. If your account exceeds its monthly transfer quota, you must upgrade to a package that will accommodate your bandwidth needs. HostShop does not allow for fees for overages. If you are over your quota, you must upgrade to a package that will ensure that you will not exceed your monthly bandwidth quota. The new package can either be an existing package, or one customized for you by HostShop . HostShop reserves sole discretion on the pricing of custom bandwidth packages. Customers who do not comply with these terms are subject to immediate account termination.

Support

Please note that all accounts are provided with the assumption that you already have the knowledge necessary to maintain a web site or service. We cannot always provide assistance in the area of creating or maintaining your web site, installing or using scripts, etc. There are many resources on the web for creating and maintaining web sites and we also offer a forum where you can seek advice from your peers.
Please note that to minimize overhead costs and to provide better tracking of customer issues, we do not provide a phone number for support. If at anytime you have a support issue please contact us by e-mail at support@hostshop.com.au or use the help desk system and we will respond as quickly as possible.

Indemnification

You agree to use all HostShop services and facilities at your own risk. HostShop specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostShop be liable, financially or otherwise, for any loss, loss of data, loss of income, loss of current or future business, or any other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold HostShop harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostShop, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostShop against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostShop's server;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customer from HostShop's server.

HostShop shall be the sole judge of what violates this Policy.
HostShop is not responsible in any way for the content of any site hosted on HostShop's servers or the actions of it's subscribers.

Copyrighted Material

If you believe any material posted within any web site operated by an HostShop customer is unlawful or copyrighted please contact the webmaster of that site as well as abuse@hostshop.com.au and we will respond as quickly as possible. For requests to remove copyrighted material, please provide the following.

- Your address, telephone number, and email address;

- A description of the copyrighted work that you claim has been infringed;

- A description of the alleged infringing activity and where the alleged infringing material is located;

- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.