Dedicated Servers Terms and Conditions
All services provided by Spirit Connect Pty Ltd, (hereinafter, Spirit Connect) are to be used for lawful purposes only. Those utilisng Spirit Connect's services, hereinafter called the "Subscriber" or "Subscribers," agree to the terms and conditions set out in this document. The Subscriber agrees that this document will, at all times, be interpreted relative to the laws of Queensland, Australia.
1. CONTENT
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 for which you do not have a license or other sufficient permission for use. This restriction does not apply to content used under fair use or other related doctrines.
- material we judge to be threatening or obscene, or material that jeopardizes national security. Also prohibited is material protected by trade secret or other laws or agreements, for which you do not have express authorisation to access or otherwise use. The subscriber agrees to indemnify and hold harmless Spirit Connect, from any claims resulting
from the subscriber's use of Spirit Connect's services which damages the
subscriber or any other party.
Note: Pornography and sex related merchandising are expressly prohibited on any Spirit Connect server or network. This includes sites that may imply sexual content, or
link to adult content elsewhere. Also expressly prohibited are any sites that promote any illegal activity or content that may be damaging to Spirit Connect servers or any other server on the Internet. Links to such materials are also prohibited.
Further examples of prohibited content or links include (but are not limited to):
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distibution of music files, video files, or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs), unless prior permission has been obtained from Spirit Connect.
Spirit Connect will be the sole arbiter as to what constitutes a violation of
these content provisions. Content that does not meet these standards will be removed without prior notice to the Subscriber, and may result in the Subscriber's account being suspended.
Housing of any of the following files is considered
a violation of the terms of service:
Game Servers - Hosting any game servers or game related services are prohibited.
IRC - We currently do not allow IRC servers, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to any of the above listed types of IRC software 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 prohibited.
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.
Port Scanning - 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 Spirit Connect server or any server located on the Spirit Connect network is STRICTLY prohibited. Spirit Connect will be the sole arbiter as to what constitutes a violation of this provision. 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 Spirit Connect
staff.
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 Spirit Connect
server or subscriber of Spirit Connect 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 purposely "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.
2. SCHEDULED MAINTENANCE AND DOWNTIME
Spirit Connect 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 Spirit Connect's control or which are not
reasonably foreseeable by Spirit Connect, including the interruption or failure
of telecommunications or digital transmission links, hostile network attacks, network congestion or other failures. Spirit Connect 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. Spirit Connect has no
responsibility for downtime resulting from a user's actions.
3. REFUNDS
Dedicated servers are not eligible for a 30-day money back guarantee.
Notice of intent to cancel account must be given prior to the commencement of the month in question, and at least ten days prior to the billing date. Setup fees are non-refundable. Accounts terminated due to a violation of these Terms of Service are not eligble for refunds.
4. LIMITATIONS ON USE
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Such will only occur during instances when hourly traffic exceeds 2% of the total monthly transfer allocation of the account, except in extreme circumstances (i.e. when the traffic seriously degrades other Subscribers' system use), where we retain the right to engage in emergency bandwidth throttling.
Background Processes. Any processes which potentially breach
security or may otherwise disrupt network services can be terminated, and the
associated account suspended, at Spirit Connect's sole discretion, and without
limiting the applicability of any other of these Terms of Service.
5. 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. Billing dates are on the first of every month.
Disabling of accounts due to overdue payment: Servers will be disabled
if payment is not received within 14 days of the invoice date. If your account
has been disabled, you may be charged a reconnection fee of up to $150 in order
to re-enable your account.
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 on your server 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 accounts@spiritconnect.com.au.
Domain Name Transfers: Spirit Connect shall not be held responsible for
domain transfers. The account holder is responsible for completing any necessary
domain name transfers.
6. COURTESY SERVICES FOR CUSTOMERS
Except when the Subscriber subscribes to a managed backup plan, Spirit Connect is not responsible for lost data or for lost data due to third party software that is not maintained by Spirit Connect's programming staff.
7. ASSOCIATIONS WITH OTHER ENTITIES Nothing in this web site shall be construed to imply any affiliation between Spirit Connect and any other company, with the exceptions of those entities stated to be Partners with Spirit Connect (and therein to the extent specifically stated), and entities who are subjects of Customer Stories (who were clients of Spirit Connect at the time of those stories' initial publication).
8. LIMITATION OF DAMAGES
Recovery of damages from Spirit Connect may not exceed the amount of fees
it has collected on the account.
9. GENERAL 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
Spirit Connect.
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 Spirit Connect administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are
nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the
account. Spirit Connect maintains the right to terminate accounts without prior
notification.
We reserve the right to remove any account, without stating cause, with 30 days prior notice.
10. REMEDY
You agree that your sole and exclusive remedy to any issues relating to Spirit Connect's services is to discontinue using the Service.
11. SEVERABILITY
Each provision of the agreement between you and Spirit Connect including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
12. INDEMNIFICATION
The account holder agrees that it shall defend, indemnify, save and hold Spirit Connect harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Spirit Connect, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Spirit Connect against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Spirit Connects' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Spirit Connect' server and any defamatory or allegedly defamatory material on Spirit Connect servers.
13. DISCLAIMER
Spirit Connect will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Spirit Connect makes no warranties of any kind, expressed or implied for services we provide. Spirit Connect disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Spirit Connect and its employees or otherwise. Spirit Connect reserves the right to revise its policies at any time.
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