Multimediax Pty Ltd TERMS OF SERVICE
Last Updated: 17 February 2012
All services provided by Multimediax Pty Ltd are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Multimediax Pty Ltd, from any claims resulting from the subscriber's use of Multimediax Pty Ltd's services which damages the subscriber or any other party.
Note:Pornography and sex related merchandising are prohibited on any Multimediax Pty Ltd server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Multimediax Pty Ltd servers or any other server on the Internet. Links to such materials are also prohibited.
- IRC Software
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Examples of prohibited content or links include (but are not limited to):
Multimediax Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provides chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Multimediax Pty Ltd server or any server located on the Multimediax Pty Ltd network is STRICTLY prohibited. Multimediax Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Multimediax Pty Ltd. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Multimediax Pty Ltd staff.
ShoutCast Servers - We do not allow Shoutcast Servers on shared, reseller or VPS packages.
Background Running Programs - We do not allow any kind of background running programs or processes on shared or reseller packages. (The aforementioned restriction does not apply to VPS or dedicated platforms).
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a Multimediax Pty Ltd server or subscriber of Multimediax Pty Ltd is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Multimediax Pty Ltd and all dedicated servers must adhere to the above policies.
Domain name registration terms
We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
Multimediax Pty Ltd offers NO refunds at all for any domain name service or product under any circumstances.
Scheduled Maintenance and Downtime
Multimediax Pty Ltd will use its commercially reasonable efforts to provide services at all times. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Multimediax Pty Ltd's control or which are not reasonably foreseeable by Multimediax Pty Ltd, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Multimediax Pty Ltd will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Multimediax Pty Ltd has no responsibility for downtime resulting from a user's actions.
Due to the nature of our products and services Multimediax Pty Ltd offers NO refunds at all for any service or product. This includes the cancellations of any service either by you the customer or by Multimediax Pty Ltd staff members.
Accounts terminated due to a violation of these Terms of Service are also not eligble for refunds.
Limitations on Use
Any shared hosting account using 10% or more of the server CPU or memory can be suspended and/or terminated. Any other account type using excessive server CPU or memory, the definition of which is at Multimediax Pty Ltd's sole discretion, can be suspended and/or terminated. In the case of VPS accounts, the threshold for "excessive" use will always be above any RAM and/or CPU allocations guaranteed under the respective VPS service plans. Excessive CPU/memory use restrictions do not apply to dedicated servers.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes on shared/reseller packages can result in immediate termination of the account. Multimediax Pty Ltd maintains the right to cancel accounts at its discretion. Any processes which potentially breach security or may otherwise disrupt network services can be terminated, and the associated account suspended, at Multimediax Pty Ltd's sole discretion, and without limiting the applicability of any other of these Terms of Service.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 3 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $22 in order to re-enable your account.
Multimediax Pty Ltd reserves the right to cancel or suspend any service held with us if there is any outstanding unpaid debt owing.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Termination of account in a given month requires at least ten days notice prior to that month's billing date, otherwise account termination and billing termination will not take effect until the subsequent month's billing date. Any notifications that you wish to discontinue service with us must be delivered via e-mail to support@Multimediax Pty Ltd.com.au.
Domain Name Transfers: Multimediax Pty Ltd shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Courtesy Services for Customers
All services such as backup and Plesk are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Multimediax Pty Ltd is not responsible for lost data or for lost data due to third party software that is not maintained by Multimediax Pty Ltd programming staff.
Associations with other Entities
Nothing in this web site shall be construed to imply any affiliation between Multimediax Pty Ltd and any other company, with the exceptions of those entities stated to be Partners with Multimediax Pty Ltd (and therein to the extent specifically stated), and entities who are subjects of Customer Stories (who were clients of Multimediax Pty Ltd at the time of those stories' initial publication).
Multimediax Pty Ltd is committed to providing you with the best possible customer service experience. Multimediax Pty Ltd is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information: There are many aspects of the site which can be viewed without providing personal information, however, for access to customer support features and to purchase any services you are required to submit personally identifiable information. This may include but not limited to a unique username and password, email address, contact details or provide sensitive information in the recovery of your lost password.
Sharing of your personal information: We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or providing general services. Those companies will be permitted to obtain only the personal information they need to deliver the service. Multimediax Pty Ltd takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information: For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.
Your personal details and E-mail addresses will not be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Storing of credit card numbers: Multimediax Pty Ltd does not store your credit card details on our servers.
Accessing Your Personal Information: You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Multimediax Pty Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Limitation of Damages
Recovery of damages from Multimediax Pty Ltd may not exceed the amount of fees it has collected on the account.
Terms of Service are subject to change on seven (7) days written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber.
These Terms of Service are a legally binding contract between the subscriber and Multimediax Pty Ltd.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Multimediax Pty Ltd administrators without prior notice.
All prices are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. Multimediax Pty Ltd maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
You agree that your sole and exclusive remedy to any issues relating to the Multimediax Pty Ltd Hosting Service is to discontinue using the Service.