By using WebMax Pty Ltd services,
you agree to comply with our Acceptable Use Policy.
You are expected to have access to a computer, which
is connected to the Internet to use our services, and
we expect you to possess a basic knowledge of the Internet
and computer function. The spirit of this policy is
to guide you to use our services with due regard to
the rights of other Internet users and in conformity
with our network environment.
Illegal Usage
WebMax Pty Ltd servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information,
data or material in violation of any applicable law
or regulation is prohibited. This includes, but is not
limited to: copyrighted material, trademark, trade secret
or other intellectual property right used without proper
authorisation, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. Examples of non-acceptable content or links: Pirated
software, Hackers programs or archives, Warez sites,
MP3, and IRC bots. The subscriber to the WebMax Pty Ltd
service agrees to indemnify and hold harmless WebMax Pty Ltd from any claims resulting from the use of the service
that damages the subscriber or any other party.
WebMax Pty Ltd will be the sole arbiter as to what constitutes
a violation of this provision.
Server Abuse
Any attempts to undermine or cause harm to a WebMax Pty Ltd
server or customer of WebMax Pty Ltd is strictly prohibited.
Any sub-networks of WebMax Pty Ltd and dedicated servers
must adhere to the above policies. The failure to meet
or follow any of the above guidelines are grounds for
account deactivation. We reserve the right to remove
any account without prior notice.
Adult Content
WebMax Pty Ltd does not allow adult oriented sites including
pornography, sex-related merchandising, and hate sites.
This includes sites that may infer sexual content, or
links to adult content elsewhere. This is also true
for sites that promote any illegal activity or content
that may be damaging to our servers or any other server
on the Internet. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
include, but are not limited to the following: Unauthorised
access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage,
and network resources) will be given an option of either
paying extra (which depends on the resource needed)
or reducing the resource used to an acceptable level.
WebMax Pty Ltd shall be the sole arbiter of what is considered
to be a high server usage level.
CGI Scripts
CGI script sharing with domains not hosted by WebMax
Pty Ltd is not allowed. Any CGI scripts deemed to be
adversely affecting the server performance or the network
integrity will be shut down without prior notice. Matt's
FormMail script is allowed on our servers however under
certain conditions. Please speak to Technical Support
regarding this.
Chat Rooms
WebMax Pty Ltd does not allow clients to install their own
chat rooms. Chat rooms tend to use an unusually large
amount of system resources and we cannot permit it as
an account option.
Background Running Programs and Cron Jobs
WebMax Pty Ltd may allow programs to run in the background.
These programs will be considered on an individual basis
and an extra charge may be incurred based on system
resources used and operational maintenance needed. If
you wish to run background programs please contact us
at or 1300 883 979 before doing so.
IRC
WebMax Pty Ltd does not allow IRC or IRC bots to be operated
on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email,
from or through a WebMax Pty Ltd server or using an email
address that is maintained on a WebMax Pty Ltd machine is
STRICTLY prohibited. WebMax Pty Ltd will be the sole arbiter
as to what constitutes a violation of this provision.
If you engage in any of the foregoing activities using
the service of another ISP or IPP, but channeling activities
through a WebMax Pty Ltd server as a maildrop for responses,
you are in violation. Violators will face an immediate
suspension.
Software Distribution
WebMax Pty Ltd's web hosting accounts are not to be used
for the purposes of distributing software and multimedia
products, including bulk MP3's. If you wish to distribute
software and/or multimedia files, please contact us
to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio,
and video files. WebMax Pty Ltd web hosting accounts are
not to be used for the purposes of distributing and
storing unusual amount of multimedia files. Any Web
site whose disk space usage for storing the multimedia
files exceed 70% of its total usage, either in terms
of total size or number of files, will be deemed to
be using unusual amount of multimedia files. An exception
to this rule will be granted for uncompressed (non-Zipped)
*.swf files (Macromedia Flash™) that are used
in a responsible manner. This format can be efficiently
used to build entire websites, thereby replacing a large
portion of the HTML normally necessary.
Data Back-up
WebMax Pty Ltd will make every reasonable effort to protect
and backup data for the customer on a regular basis,
however WebMax Pty Ltd does not guarantee the existence,
accuracy, or regularity of its backup services and,
therefore, the customer is responsible for making back-up
files in connection with its use of the Services. The
customer is solely responsible for independent backup
of data stored on the WebMax Pty Ltd server's and network.
AT NO TIME SHALL WEBMAX
PTY LTD ASSUME ANY LIABILITY
FOR LOST CUSTOMER CONTENT OR DATA.
Database
Any database stored on WebMax Pty Ltd servers shall be limited
in size to 20% of the total disk space allotted for
a particular domain.
Billing
Payment is to be made via Credit Card, Electronic Funds
Transfer, Cheque or Money Order. You will receive an
email notification 7 days prior to your hosting term
expiring. At that time you can choose to cancel or continue.
We will automatically bill your credit card for the
identical account type and period as was previously
ordered if account is not cancelled within that 7 day
period.
Access
The WebMax Control Panel requires access to Port 2082,
and our WebMail service to Port 2095 through your Internet
provider. Most ISP's and Network Provider's allow access
to this port by default, however if you are unsure you
should check with your ISP or Network Provider prior
to opening an account with WebMax Pty Ltd. Clients on
networks behind a firewall may need access to the config
to allow access to ports 2082 and 2095.
Refunds
We offer a 30 day money back guarantee. If you are not
100% satisfied within the first 30 days of hosting with
us please email
for a complete refund. Hosting accounts cancelled after
this period will not be refunded. NB: This offer applies
to web hosting only, domain names and security certificates
are not included in this offer.
Termination and Suspension
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Either party may terminate this agreement in writing
giving signed 30 days notice, by way of fax or normal
postal mail. Email or verbal notice is insufficient
to terminate this contract.
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WebMax Pty Ltd may terminate this contract without
notice where a breach has occurred of this agreement.
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Until proper notice has been provided to WebMax Pty Ltd, the customer agrees that they are still incurring
monthly or any other contractual charges and fees
even if a service is unused, suspended or inactivated.
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Where a minimum term has been specified for a service
the customer is liable for and must pay the remaining
portion of the contract as calculated by WebMax Pty Ltd.
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The customer agrees that suspension of an account
or service, by WebMax Pty Ltd, does not terminate this
contract or the customers' obligations under this
contract.
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WebMax Pty Ltd reserves the right to suspend an account
via way of blocking supply or access to a service
or degradation of a service. Notice will endeavour
to be made via email with reasons prior to such
suspension. Where such notice fails or is not received,
the blocking of supply or service will be deemed
to constitute notice.
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The customer agrees to pay any reconnection charges
in relation to suspension or termination of services.
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The customer agrees that once an account has been
put on hold or suspended it is the customers' responsibility
to contact WebMax Pty Ltd to either terminate or
correct any causes for the suspension prior to re-establishment
of the supply of a service.
-
Once WebMax Pty Ltd suspends an account the customer
waives any right under any service level performance
agreements or right of access or supply until such
time as the customer demonstrates to WebMax Pty Ltd
that the reasons for suspension have been dutifully
addressed to WebMax Pty Ltd's satisfaction.
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Once a service is terminated, WebMax Pty Ltd has the
right to remove any content, public or private,
that you may have published, posted, propagated
and/or received.
Actions Taken by WebMax Pty Ltd
When WebMax Pty Ltd becomes aware of an alleged violation
of its Usage Policy, WebMax Pty Ltd will initiate an
investigation. During the investigation WebMax Pty Ltd
may restrict Customer's access in order to prevent further
possible unauthorised activity. Depending on the severity
of the violation, WebMax Pty Ltd may, at its sole discretion,
restrict, suspend, or terminate a customer's account
and/or pursue other civil remedies. If such violation
is a criminal offence, WebMax Pty Ltd will notify the
appropriate law enforcement department of such violation.
WebMax Pty Ltd does not issue service credits for any outages
incurred through service disablement resulting from
Policy violations.
Modification
WebMax Pty Ltd reserves the right to add, delete, or modify
any provision of this Usage Policy at any time without
notice.
Agreement and Acceptance
In order to maintain a high quality of service all sites
and web hosting plans are subject to the terms and conditions
of the WebMax Pty Ltd Acceptable Use Policy. Sites can
be cancelled without refund and Clients and/or their
agents may be subject to legal prosecution if found
in violation. Placing an order and subsequent submission
to a server of web site data, including files, images
and text are proof of the Client's agreement and acceptance
of the terms and conditions of the Acceptable Use Policy.
Clients agree they have read and understood the terms
and conditions of the Acceptable Use Policy before ordering
any plan.
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