1. Parties
These terms and conditions apply to individuals and organisations who apply for and provided with subscriptions to Web site hosting services (Customer) arranged by Sricom Pty Limited (ABN 76 008 631 445) (Sricom).

2. Definitions
Customer Customer of Sricom and party to these terms and conditions, references in the following to 'you' and 'your' are references to the Customer
Servers real or virtual servers used to provide Services by Sricom and its Suppliers
Services the subscription service being Web site hosting services whether provided using real or virtual servers
Suppliers Parties supplying those services which Sricom resells to Customers
Sricom 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.

4. Breach
A breach of these Terms and Conditions as determined by Sricom or its Suppliers shall constitute grounds for:

  • suspension of Services
  • termination of Services
  • charging such fees as may be applicable in effecting a suspension or termination
immediately and without notice.

5. Reseller
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.

6. Representations
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. Content
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 party.

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
  • Mp3
  • MUDS
  • 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.

16. IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

17. Email
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.

Email 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 without refund.

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.

19. Indemnity
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.

21. Contact
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.

To 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.

24. Disclaimer
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.

25. Payment
Unless otherwise mutually agreed, payment shall be made in advance.

26. Refunds
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.

27. Damages
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