TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR SUPPLY BY SRICOM PTY
LIMITED OF WEB SITE HOSTING PACKAGES
These terms and conditions apply to individuals and organisations who apply for
and provided with subscriptions to Web site hosting services (Customer) arranged
Pty Limited (ABN 76 008 631 445) (Sricom).
||Customer of Sricom and party to these terms and conditions, references in
the following to 'you' and 'your' are references to the Customer
||real or virtual servers used to provide Services by Sricom and its
||the subscription service being Web site hosting services whether provided
using real or virtual servers
||Parties supplying those services which Sricom resells to Customers
||includes references to Sricom Pty Limited, sricom.net and Sricom Net Services. References in
the following to 'us', 'ours' and 'we' are references to Sricom
3. Alterations to Terms and Conditions
We reserve the right to change the Terms and Conditions at any time provided
that where such changes are not critical to the supply of Services, you may
elect to continue under the previous Terms and Conditions for up to one month.
A breach of these Terms and Conditions as determined by Sricom or its Suppliers
shall constitute grounds for:
immediately and without notice.
- suspension of Services
- termination of Services
- charging such fees as may be applicable in effecting a suspension or
Sricom is a reseller of Internet hosting services on a subscription basis. We
offer subscriptions by dealing on a wholesale basis with our Suppliers, by
value adding and by selling associated services.
Representations regarding site facilities have been made in good faith based on
representations and undertakings by our Suppliers. Should a representation be
in error, we undertake to correct such representations as soon as we are able
following notice of such an error.
7.1 You may use Services for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation of any
Australian or United States Federal, State or City law is prohibited.
7.2 This includes, but is not limited to: copyrighted material, material which
is threatening, obscene, demeaning to others or
otherwise unacceptable, or material protected by trade secret and other statute
or common law.
7.3 The Customer agrees to indemnify and hold Sricom and its Suppliers harmless
from any claims resulting from any use of the Services which causes harm to any
8. 'Adult Content'
Pornographic content and sex-related merchandising ('Adult Content') are
prohibited on all Servers. This includes sites that may infer sexual content,
or link to adult content elsewhere.
9. Bulk Email
We are unable to support bulk email services and as such these services
are prohibited on all Servers. Sites which promote or sell bulk email are also
prohibited. Should you require such services, there are other companies who
specialise in this area.
10. Other unacceptable content
Other unacceptable content includes, but is not limited to:
- Pirated software
- Hackers programs or archives
- Warez Sites
- IRC Bots
- On-line interactive gaming
- Self installed Java support (e.g. Tomcat)
This is also true for sites that promote
any illegal activity or content that may be damaging to Servers or any other
server on the Internet. Links to such materials are also prohibited.
11. Determination of unacceptable content
Sricom or its Suppliers may determine what constitutes unacceptable content.
Where such a determination is made, Sricom will use its best endeavours to
advise its Customers of the content which was deemed unacceptable.
12. Traffic Guidelines
The monthly traffic allowance is allocated on the basis of average daily usage
being reasonably consistent. Where significant variation occurs in a
manner consistent with a higher value package, the Customer may be requested to
upgrade their Service, or advised to make alternative hosting arrangements.
13. CGI Scripts
Each account comes with its own cgi-bin. Please check before use that your
scripts will not violate the reasonable use policy, and that it does not appear
on the current list of banned scripts. We and our Suppliers reserve the right to disable any CGI
script that affects normal Server operation without prior warning.
14. Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be system hogs and we cannot allow it as an account option. Should you have a need
for a chat room, please use the packages provided with your Service (if any) or contact us.
15. Background Tasks
We and our Suppliers may allow programs to run continually in the background.
These are considered on a case by case basis and an extra charge will be
incurred based on system resources used and operational maintenance needed.
Please refer to the reasonable use policy.
We currently do not allow IRC or IRC bots to be operated on our servers.
Servers may not be the source, intermediary, or destination address
involved in the transmission of spam, flames, or mail bombs. Your domain may
not be referenced as originator, intermediary, or reply-to address in any of
the above. Advertising sites on other servers which in turn contain links to a
domain on our servers is prohibited. We consider spam any mass unsolicited
message in the mediums of Newsgroups and Email. If you are found to have
spammed, then we will immediately, without warning, disable your domain. In
addition, each spam policy violation detected will incur an administration fee
of at least $200. We reserve the right to refuse or cancel service to known
spammers. We and our Suppliers reserve the right to determine what
violates this policy.
restrictions are applied on an account basis to the total number
of emails that may be sent from a single account in a day. Details
of current restrictions are available upon request.
As such, any violation will result in immediate deactivation of services
18. Reasonable Use Policy
Each account has an identified quota for disk storage and traffic, but does not
specify the maximum CPU that may be used. Notwithstanding these quotas, some
processes may consume significant amounts of CPU. In such cases, Sricom and its
Suppliers reserve the right to terminate such processes without notice, and to
suspend accounts that breach this policy.
Any attempts to undermine or cause harm to a Server is strictly prohibited.
You agree to defend, indemnify, save and hold Sricom and its Suppliers harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Sricom, 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.
You agree to defend, indemnify and hold harmless Sricom against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Sricom Services; (2) any
material supplied by you infringing or allegedly infringing on the proprietary
rights of a third party and (3) copyright infringement.
20. Refusal of Service
We reserve the right to refuse or cancel Services at our sole discretion.
Where e-mail is sent by Sricom to the Customer to be delivered to their default
subscription account, the e-mail shall be taken to have been received and read
by the Customer within one business day of it being sent.
The Customer expressly authorises
Sricom to send e-mail which advises the Customer of their payment status,
changes to service and advise of Sricom services.
this end, the Customer should ensure that arrangements are made to regularly
check the appropriate e-mail accounts.
22. Review of Site Content
Sricom may at any time for any lawful purpose examine any of the data held in
the Customer storage area. Please note that this may require Sricom to log
into your site area.
23. Provision of Data
Sricom may access and release any data held in the Customer storage area to
properly constituted legal authorities for any lawful purpose, providing only
that Sricom acts in good faith in doing so.
Sricom will not be responsible for any damages your business may suffer. To the
maximum extent permitted by law Sricom makes no warranties of any kind,
expressed or implied for Services we provide. Sricom disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of data
resulting from delays, and any and all service interruptions caused by Sricom
its employees and its Suppliers.
Unless otherwise mutually agreed, payment shall be made in advance.
Where within a trial period, a full refund will be made of subscription fees.
Account establishment fees are not refundable. Beyond a trial period, refunds
will be calculated on a pro-rata basis applying the applicable monthly reference
rate. Part months are calculated as whole months.
Refunds are not available where a subscription is terminated due to a breach
of these terms and conditions.
Nothwithstanding the above, the maximum liability of Sricom shall be limited to
one month's fee for provision of Services to you.
28. Applicable Law
The Terms and Conditions will be governed by and construed in accordance with
the laws of the State of Victoria, Australia.
Last amended: 1 December 2003