Netports Pty Ltd (referred to as "Netports" or "Netports Australia") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service") and the AUP ("Acceptable Usage Policy").
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.
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 the Client. The accepted methods of payment are credit card (Visa or MasterCard) or via direct bank deposit. When performing a direct bank deposit, you are asked to enter either your Netports Invoice number or the main domain name of your service into the reference field to enable us to identify the payment and attribute it to you.
Service suspension may be applied to the service 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 suspended.
If you desire to cancel your account, you only need contact Netports to let us know. There is a simple and easy process to follow as outlined in section "1.3 Service Contract Periods/Hosting Account Cancellation".
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 directly emailing our support department or by logging into the Netports Accounts Services Portal. Navigate to "My Netports Services", click on the details icon to the right of the specific service you want cancelled, and click on the "Request Cancellation" button at the bottom.
Client may also email Netports directly; however, the client agrees that sending an email to Netports is not a inherently secure method. Therefore, client agrees that unless Netports has replied acknowledging the cancellation email and confirming all invoices have been paid up to date, the service cannot be deemed as being cancelled.
It must be understood that significant costs are involved with the provisioning of VPS and dedicated servers. These can include equipment, connectivity, and data bandwidth commitments we have with the data centre and/or other service providers in order to provide the service to you. These costly commitments cannot be cancelled easily. Therefore, should you seek to cancel a VPS or dedicated server service, you understand and agree to do so by giving a minimum of 21 days' notice.
Client agrees that bandwidth usage shall not exceed the number of gigabytes (GB) per month for the services ordered by the Client. If bandwidth over-usage occurs, Netports believes in communicating with our Clients and will try to work with our Clients to resolve any over-usage issues to ensure the service remains active. Bandwidth usage is measured on a monthly basis, but over-usage is charged daily to ensure the service remains operating.
In the event that a Client is about to reach their allowable bandwidth limit, Netports will request the Client upgrade to the next higher plan or, in the case of a dedicated server, purchase an additional bandwidth block which is considerably less expensive than over-usage charges.
If the 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. Client agrees that this will be charged daily and the amount charged will be based on the previous day's over-usage amount until the current bandwidth allocation 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.
All IP addresses which are assigned to the Client must be justified per ARIN Guidelines. If it is determined that IP addresses which have been assigned to the Client are not being used in accordance with these guidelines, they may be revoked.
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 an SMTP connection to the destination mail servers. Violations of this policy carry severe penalties, including termination of service.
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 (chargeback) that is a valid charge under the provisions of the TOS and/or AUP to which you have already agreed, 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 without paying for it (theft of service), it will be considered a fraudulent activity. Action against you as deemed appropriate by law enforcement authorities will be fully supported by Netports, together with legal action to recover all costs incurred.
Netports can perform account transfers, cPanel transfers, server migrations, and any other service which involves Netports copying your files from a third-party service to your Netports service (a "transfer") as a courtesy service only. This is ONLY performed when the source sites are hosted on WHM/cPanel servers during off-peak times.
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 agree Netports is not responsible for any issues relating to the transfer, including but not limited to, missing or corrupted files, improperly transferred accounts, third-party bandwidth fees, downtime, outages, DNS configuration problems, or technical delays.
Netports takes the backup of Client data very seriously, from our use of RAID-1 and RAID-10 architectures to our nightly, second-nightly, and weekly backup schedules (depending on the service tier). 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 backups.
The following backup arrangements apply:
Clients are encouraged to utilise the direct account-level backup functions within cPanel to generate full site archives and download them to a secure local deployment. You agree to totally indemnify Netports from any liability, responsibility, and/or cost arising from any failure of any backup system or backup recovery service for any reason.
Client acknowledges that the service provided is of a complex technical nature utilising multiple third-party hardware, software, and upstream network systems. Therefore, Client specifically agrees that Netports shall not be liable or responsible for any special, incidental, or consequential damages or costs arising from any outage, network interruption, or failure of service for any reason whatsoever - irrespective of whether the cause is hardware related, software related, network related, human action related, internal or external, or an act of God.
You acknowledge that should you choose to install and run third-party open-source software such as WordPress, Joomla, etc, there is an elevated risk of external compromise, which requires you to take full responsibility for maintaining the software you have chosen to install.
You agree to always ensure you or your clients keep chosen installed software/applications updated to the latest stable release, apply security patches promptly, and implement security hardening beyond default settings. Under no circumstances shall Netports be liable for any damages, loss, or costs arising from or associated with your third party software you have chosen to install should it/they becoming compromised or hacked.
Netports operates a zero-tolerance policy towards hacked, defaced, or compromised website code. You will be given a direct window to remove any vulnerabilities and harden the software; if this is not successfully achieved, the account will be terminated without delay to safeguard the rest of the server environment.
Client agrees that Netports's failure at any time to enforce any of the provisions of this TOS or AUP shall in no way be construed to be a waiver of such provisions, rights, remedies, or options, or in any way affect the validity of this agreement.
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, natural disaster, delay of carriers, governmental regulation, uplink network failures, complete or partial utility shutdowns, or other occurrences beyond its reasonable control.
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.
Neither this TOS nor AUP nor any rights hereunder may be assigned by the Client without the prior written consent of Netports. Netports may assign this TOS or AUP without the consent of the Client.
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 specific technical or administrative reasons for such actions.
Please direct all questions regarding this TOS to admin@netports.com.au