Legal Matters - TOS, AUP, Provacy Policy

Terms Of Service (TOS)


Netports Pty Ltd ("Netports" or "Netports Australia") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service") and AUP ("Acceptable Usage Policy").

1.1 Contact Information

You agree to provide Netports with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Netports in order for the processing of your service order, to receive or to continue receiving services. Further, you agree to provide Netports with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

1.2 Payments and Fees

Establishment of this service is dependent upon receipt by Netports of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the sign up date and payment frequency as chosen by Client. The accepted methods of payment are credit card (Visa, Master Card and American Express) or via direct bank deposit. When performing a direct bank deposit you are required to enter your Netports Invoice number into the reference field to enable us to identify the payment thus and attribute it to you.

Service suspension will be applied to accounts that reaches 14 days past due. Accounts that have not been cancelled by the Client and where payment is past fourteen days overdue may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Netports a Processing and Collection Fee of not less than $110 incl GST nor more than $220 incl GST. Repeated late payment of account will not be afforded repeated 14 day grace period prior to suspension.

If you desire to cancel your account, there is a simple and easy process to follow as stated in section as outlined in section "3. Account Cancellation".

1.3 Service/Hosting Account Cancellation

Client may cancel their service with Netports at any time. Client agrees to and understands that their account cancellation advice to Netports will only be accepted if the account is paid up to date with no outstanding amounts owed. If a cancellation request has been submitted while invoices are unpaid the request will be automatically removed and you will need to resubmit the cancellation request after any outstanding invoices are paid.

Client agrees to submit service cancellations by logging into Netports Accounts Services Portal. Navigate to "My Netports Services" then click on the little icon () to the right of the specific service you want cancelled. Click on the "Request Cancellation" button at the bottom.

Client may also email Netports directly, however, client agrees that sending an email to Netports is not a secure method, therefore, client agrees that unless Netports has replied acknowledging the cancellation email and confirming all invoices have been paid up to date, then the service can not be deemed as being cancelled.

Webhosting & all Reseller Hosting: To avoid further automated charges, you agree to cancel a service no sooner than 7 days PRIOR to the next billing date. If cancellation occurs within the 7 day period to your next billing date you understand and agree that the billing charge will go ahead as per normal on your next billing date. All future billing will cease to exist after that date.

VPS, Hybrid & Dedicated Servers: To avoid further automated charges, you agree to cancel a service no sooner than 21 days PRIOR to the next billing date. If cancellation occurs within the 21 day period to your next billing date you understand and agree that the billing charge will go ahead as per normal on your next billing date. All future billing will cease to exist after that date.

It must be understood that significent costs are involved with the providing of VPS, Hybrid and dedicated servers. These can include equipment, connectivity and data bandwidth commitments we have with the datacentre and/or other service providers in order to provide the service to you. These costly commitments may not be able to be cancelled without the required 21 day minimum notice. Therefore should you seek to cancel a VPS, Hybrid or dedicated server service you understand and agree to do so by giving a minimum of 21 days notice. If cancellation occurs inside 21 days of your next billing date you understand and agree that the charge will go ahead on your next billing date for the service.

For Client protection, cancellation requests are not accepted over the phone or any other method besides through the appropriate secure means from within the Client's Netports Accounts Services Portal account or via direct email which must be confirmed as having been received by Netports, both methods are detailed above.

1.4 Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes (GB) per month for the services ordered by Client. If bandwidth overusage occurs Netports believes in communicating with our Clients and will try to work with our Clients to resolve any overusage issues to ensure the service remains active.

Bandwidth usage is measured on a monthly basis but oversuage is charged daily to ensure the service remains operating.

In the event that Client is about to reach their allowable bandwidth limit, Netports will request the Client upgrade to the next higher hosting/reseller hosting account/VPS/Hybrid server plan or in the case of a dedicated server, purchase an additional bandwidth block which is considerably less expensive than overusage charges.

If Client chooses not to upgrade or purchase an additional bandwidth block, Client agrees that the over usage will be charged at $2.20 incl GST per GB and agrees that this will be charged daily and the amount charged will be based on the previous days oversuage amount until such times as the current bandwidth allocated month has reset or bandwidth usage no longer exceeds that which has already been paid.

Unused bandwidth allocations cannot be carried over to future months, or applied to other services.

1.5 IP Allocations

All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

1.6 No Spam Policy (NSP)

Netports takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Netports may not use or permit others to use our network to transact in UCE. Clients of Netports may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of Netports's email policy, as outlined in the Terms Of Service ("TOS") and Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Netports will initiate an immediate investigation (within 72 hours of notification). During the investigation, Netports may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our TOS or AUP, Netports may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Netports reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Netports will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of $220 incl GST and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $550 incl GST and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Netports personnel must spend to investigate the matter.

c. As our Clients are ultimately responsible for the actions of their clients over the Netports network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

1.7 Refund and Disputes

All payments to Netports are non refundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Netports according to the terms herein. All overcharges or billing disputes must be reported within 14 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (charge back) that is a valid charge under the provisions of the TOS and/or AUP to which you have already agreed to, you agree to pay Netports an "Administrative Fee" of not less than $110.00 incl GST and not more than $220.00 incl GST.

Pursuant to this, if you have intentionally obtained a service from Netports with the specific intent to then dispute the charge to enable you to utilise the service from us without paying for it (theft of service), it will be considered an act of fraudulent activity. Action against you as deemed appropriate by law enforcement authorities will be fully supported by Netports together with action against you to recover all costs incurred by Netports in pursuit of exercises undertaken to recover that which owed to us for providing the service to you.

1.8 Courtesy Transfer Service

Netports can perform all account transfers, account moves, cPanel transfers, server transfers and any other service which involves Netports copying files of yours from a third party service to your Netports service, hereafter known as a "transfer" as a courtesy service only. This is ONLY performed when the source sites are hosted on WHM/cPanel servers.

Netports performs this service during off-peak times and during periods when our support team are not unduly busy.

By requesting Netports to perform a transfer you agree to indemnify and hold harmless Netports from any and all liability arising from the transfer and/or copying of your accounts. You also agree Netports is not responsible for any issues relating to the transfer of your accounts, both on your Netports service and at any other third party service from which Netports may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent Netports from performing the service, or any other issues.

Netports makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.

1.9 Data Backups

Netports takes the backup of Client data very seriously, from our use of RAID-1 and RAID-10 to our nightly, second nightly and weekly backup schedules (depending on what service). However, this backup provisioning is performed as a courtesy only. You agree that Netports is not responsible for the completeness, integrity, or freshness of data backup. You agree to hold Netports harmless and not responsible for any damage or loss of business or any cost arising from our backup systems failing in any way for whatever reason.

The following backup arrangements apply:
  1. Normal Shared Webhosting & all Reseller Hosting Services - Data backup for disaster recovery purposes as well as convenience account level backup administered by Netports support.
  2. VPS and Hybrid Dedicated Servers - Disaster recovery of all systems and accounts in one action administered by Netports support. This backup can not be used as a convenience backup/recovery for account level actions. Netports suggests utilising a convenience backup service available for VPS and Hybrid dedicated servers where either internal or external disk space is utilised and configured to perform account level backups that may be available to you at any time.
  3. Dedicated Servers - Netports includes a secondary HDD (either single or dual HDD in RAID-1) for all backup duties. This is a most economical method and provides dedicated server owner with full control over their backup policies, configurations and available functions. Netports quotes dedicated servers with a secondary HDD for backup duties as a standard configuration. Also available is offsite backup services.

Client may utilise powerful account level backup functions within cPanel. This is available to every hosting account. cPanel provides Client and your own hosting clients with the ability to directly create full site backups and then to download/store these in a location of your choice and then, if required, to upload and perform a hosting account recovery.

All backup services, whether provided or optional, are dependant on many components working correctly. Therefore, Client agrees to hold Netports harmless and not responsible or liable for any loss of data, damage of loss of business or any cost arising from our backup systems failing in any way for whatever reason. You agree to totally indemnify Netports from any liability, responsibility and/or cost arising from any failure of any backup system and/or service for any reason.

1.10 Damages

Client acknowledges that the service provided is of such a complex nature which sees countless third party hardware, software and network provider identities contribute, that service can be interrupted or halted for many reasons. Therefore, Client specifically agrees that Netports shall not be liable or responsible for any damages or costs arising from any outage or any failure of service for any reason whatsoever.

Client agrees that in no event whatsoever shall Netports be liable or responsible for any special or consequential damages, loss, injury or cost for any reason.

You agree that Netports is not liable or responsible for any damages and/or costs and/or loss your business may suffer or incur due to an outage, failure or service interruption. This includes service interruptions caused by Netports and/or any of the third party software and/or hardware service providers who contribute to make the service possible irrespective of whether the cause is hardware related, software related, network related or human action related, whether internal or external, or act of God or for any other reason.

You agree that Netports is not liable or responsible for any damages and/or costs and/or loss your business may suffer or incur due to an outage or service interruption to our online support systems, support phone systems and/or our support emailing systems. This includes service interruptions caused by Netports and/or any telecommunications carrier or provider.

1.10b Damages "Hacking"

You acknowledge that should you choose to install and run third party software such software such as Joomla, Word Press and other similar types of third party open source software that there is an elevated risk of compromise and as such requires you to take responsibility for the safe and secure maintaining your chosen software.

Therefore, you agree to always ensure you or your clients keep you or their chosen software updated to the latest release and security patched where applicable and that the software chosen to be installed is further security hardened beyond its default settings.

You agree to utilise and implement security measures as per advice from the developers/publishers of the third party software you or your clients have chosen to install into you/their hosting account/s on the server.

You agree that under no circumstances whatsoever shall Netports be liable for any damages, loss or costs arising from or associated with the result of any third party or otherwise software you have chosen to install into a hosting account yourself becoming compromised (hacked) that may result in the destruction of data on the server whether this is the result of you or your clients chosen software becoming compromised (hacked) or for any other reason whatsoever.

You explicitly agree not to hold Netports responsible or liable in any manner whatsoever for any damages, loss or costs arising from or associated with any type of data becoming deleted, destroyed, defaced and/or unrecoverable due to any type of compromise or 'hack' irrespective of how the compromise or 'hack' occurred.

You further fully agree that you are the identity responsible for the software you choose to install and operate in any hosting account under your control. As a reseller this means any hosted domain within your reseller account.

Netports has a zero tolerance policy towards hacked/defaced or compromised website software. You will always be given the opportunity to remove any vulnerability within software that has been chosen to be installed by you or your client and to further security harden it. However if this is not achievable then the account is to be terminated without delay.

1.11 Non-Waiver

Client agrees that Netports's failure at any time to enforce any of the provisions of this TOS or AUP or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS or AUP. The exercise by Netports of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Netports from exercising thereafter the same or other rights, remedies, or options.

1.12 Force Majeure

You agree that Netports is not responsible for any damages, costs, delays, or other failures to fulfil its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures of back ups, failure of support systems (telephone, email, Help Desk), labour disputes, uplink network failures, external actions and/or other occurrences whether beyond or within its control whether or not similar to those listed above.

1.13 Assignment

Neither this TOS or AUP nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of Netports. Netports may assign this TOS or AUP without the consent of Client. Subject to the foregoing, this TOS/AUP shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

1.14 Misc.

Netports reserves the right to refuse service to anyone at any time for any reason and Client further agrees that Netports is not obliged to furnish reasons for such actions.

Contact

Please direct all questions regarding this TOS to admin@netports.com.au



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