Terms and Conditions
- The term "Horizon Hosting " refers to Horizon Hosting (ABN. 38 994 469 579). The "Client" is any person nominated by the customer who is authorised to use the account. The "Customer" means the Customer and their designated users right to use the service.
- Incoming data defines data arriving from the Internet to our servers.
- Outgoing data defines data going out of our servers.
- This document is the general terms and conditions. Other more specific terms and conditions may apply to specific products and/or services.
- The customer agrees that by activating an online event (such as clicking an “I Agree” button) which incorporates agreement to these terms and conditions that this event legally binds them as if they had signed this contract and given full legal consent to be bound by these terms and conditions and any other relevant conditions referred to.
- Horizon Hosting reserves the right to refuse service and/or access to servers to anyone.
- Due to changing technology and other such circumstances, Horizon Hosting reserves the right to modify the nature and type of services provided as it sees appropriate.
- Horizon Hosting will endeavor not to release any information collected about you to a third party.
- Horizon Hosting will not sell its database of customer details or details about customers to a third party.
- The customer agrees that Horizon Hosting may report any outstanding debts past 60 days due, including full customer details to relevant credit agencies.
- Our secure servers protect your information using advanced encryption and firewall technology.
SERVICE LEVEL AGREEMENTS
- Where a service level agreement is in place, the customer agrees that this agreement excludes any events outside of Horizon Hosting's control. Examples are, but aren't limited to, viruses, link flooding, malicious attacks etc.
- Where a service level agreement is in place that has not been met by Horizon Hosting, it is the customer's responsibility to lodge a claim within 14 days under that agreement.
- Any compensation resulting from a service level agreement will be considered paid by crediting the customers account with appropriate amount.
ACCEPTABLE USE POLICY
- Horizon Hosting reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the Internet or Horizon Hosting's services. We reserve the right to discontinue, without refund or notice, an account or service where usage of the account or service is deemed to be an abuse , and we will charge the customer for costs incurred by any such abuse.
- What constitutes “abuse” will be entirely determined by Horizon Hosting.
- 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 system's 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.
- Any website that uses a high amount of server resources (such as, but not limited to bandwidth, CPU time and memory usage) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Horizon Hosting shall be the sole arbiter of what is considered to be a high server usage level.
- Any site which has a negative impact on the server may be suspended without notice.
- Any sub networks of Horizon Hosting 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.
Content and Usage
- Horizon Hosting 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. Unacceptable content or links include but are not limited to: pirated software, hackers programs or archives, warez sites, mp3's and IRC bots.
- Horizon Hosting will be the sole arbiter as to what constitutes a violation of this provision.
- Horizon Hosting 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.
- Horizon Hosting 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.
- Horizon Hosting does not allow IRC or IRC bots to be operated on our servers.
- Spamming, or the sending of mass unsolicited email, from or through a Horizon Hosting server, using an email address that is maintained on a Horizon Hosting server or advertising a site hosted on a Horizon Hosting server is strictly prohibited. Horizon Hosting 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 channelling activities through Horizon Hosting server as a mail drop for responses, you are in violation. Violators will face an immediate account suspension or deletion.
- Horizon Hosting web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and or multimedia files, please contact us for special arrangements.
- The customer agrees that any services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to services may occur from time to time. For example, interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures.
- Horizon Hosting will endeavor to maximise availability of its services, and the customer agrees not to hold Horizon Hosting responsible or liable for any interruption or delays or degradation to services.
- Where provision of a service involves the use of a third party service, for example a carriage service or a domain name service, the customer agrees that Horizon Hosting has no responsibility for the performance or non-performance of these services.
- In any event, Horizon Hosting's sole liability will be limited to the cost of the service it supplies or its resupply where Horizon Hosting chooses to.
- The customer agrees to take full responsibility for any content that it publishes using a Horizon Hosting service.
- Horizon Hosting reserves the right to remove or block access to any content published, posted or propagated by the customer using a Horizon Hosting service, where there is a breach of the Acceptable Use Policy.
- The customer warrants not to hold Horizon Hosting liable for any loss or damage or liability in the event of such blocking or removal of content.
- The customer agrees that full editorial control over its content remains with the customer and that Horizon Hosting will not edit or alter content of published material.
Security & Backups
- The customer warrants that it will keep secure any passwords used to upload data to the Server.
- The customer agrees that where a password has been revealed or compromised or unauthorised use of a service occurs that the customer is still liable for any charges or consequences that may arise from that use.
- Where a customer believes a password has been revealed or compromised they must notify Horizon Hosting as soon as possible.
- The customer agrees that exposure to viruses and other harmful events may occur when accessing the Internet in general and dealing with such events is outside the responsibility of Horizon Hosting and that it is entirely the customer's responsibility to deal with such exposures.
- Where Horizon Hosting provides filtering software or services, such as spam or virus filtering or general or other filtering services, the customer agrees that such software can not be perfect and may occasionally fail to filter unwanted material, and the customer will not hold Horizon Hosting responsible or liable for any consequences arising from such material slipping through.
- Horizon Hosting will perform periodic backups of any web material published to disk, and also periodically backup such material to a secure offsite location. In the event of a disaster such as hardware failure, Horizon Hosting will attempt to recover from any backups the customers web content. Where such recovery fails for whatever reason, the customer must be prepared to re-upload to our service any such content.
- The customer agrees that they must maintain their own copy of any content published via a Horizon Hosting service and that Horizon Hosting should never be used as a master or sole copy of any content.
- The customer agrees that due to the dynamic content of email activities, email spools are not backed up and that there is no guarantee of receipt of any email items.
While Horizon Hosting will make every reasonable effort to protect data stored on client's servers, Horizon Hosting is not responsible for client's data, files, or directories residing on Horizon Hosting's equipment. The Client is solely responsible for maintaining data, file and directory structure backups.
- In the event of an act of major catastrophe such as terrorism, earthquake, riot, civil disorder, flood, fire storm or other major disaster, Horizon Hosting reserves the right to suspend all its obligations under this contract or void the contract at its option.
- The customer warrants that all information provided to Horizon Hosting is truthful and correct and accurate and up to date and that the person designated is above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form.
- The customer warrants that any false or misleading or incomplete information provided is grounds for termination without notice.
- The customer warrants to keep up to date all contact and billing details in order to receive invoices and other communications from Horizon Hosting.
- All prices generally include 10% GST unless otherwise stated.
- The customer agrees to pay all fees as specified by Horizon Hosting as a precondition of supply of services.
- Payment methods accepted are Mastercard, Visa, Bankcard, business cheque, electronic funds transfer.
- You will receive email notification 7 days prior to your next billing date. We will automatically bill your credit card for the identical account type and period as was previously billed. Payments made by methods other than credit card are payable within that 7 day period.
- In the event your credit card fails to be processed, you will be notified, and up to three (3) attempts will be made to charge your credit card over three (3) consecutive days. Upon a 3rd failure, Horizon Hosting reserves the right to suspend any or all services until payment is received.
- In the event of cheque payments being dishonoured, the customer agrees to reimburse Horizon Hosting any bank fees incurred.
- It is the customer's responsibility to ensure that a current active email address is supplied to Horizon Hosting for the delivery of invoices.
- Horizon Hosting will also provide invoices online and it is the responsibility of the customer to periodically check their account balance and pay in full any invoices including any taxes by the due date.
- All accounts will be billed any excess bandwidth charges monthly, regardless of account's normal billing cycle, or prepayments made.
Prepayments and Refunds
- Refunds are available in the first 30 days of a hosting service and thereafter at one month notice on monthly plans.
- Prepayments on plans greater than 3 months constitute a minimum commitment for the length of that service. Plans may be upgraded at any time or changed at the end of the period. However, plans may not be downgraded or refunded during the pre-commitment period.
- Refunds are not available on domain names and security certificates.
- Where applicable, setup fees are also non-refundable.
- The customer agrees that Horizon Hosting can not guarantee provision of a domain name nor the timeliness of provision for domains and that rules and regulations outside of Horizon Hosting control govern the use, fees and issuing of domains.
- The customer also agrees that domain name applications are not instantaneous and that while a domain may appear to be available, by the time the application is processed and forwarded, the domain may no longer be available.
- The customer agrees that transfer of domain names is outside the responsibility of Horizon Hosting and that it is the customers responsibility to authorise and finalise transfer of domain names to Horizon Hosting.
- Domain cancellations are final and the domain will be publicly available for registration. To qualify for a full credit, the customer agrees to request the cancellation within the grace period. This grace period is 48 hours for .com.au domains and 4 days for all other domains. The only other circumstance where a full credit will be issued is if the domain was registered incorrectly on the part of Horizon Hosting.
- You hereby grant to Horizon Hosting and warrant that you have obtained all authorisations, licenses and consents necessary for Horizon Hosting to perform its obligations and exercise its rights under these terms and conditions and that these are granted to Horizon Hosting for this purpose.
- The customer agrees that no intellectual property rights are assigned to the customer in the use of a service provided by Horizon Hosting unless otherwise specifically contracted.
- Likewise none of the customers intellectual property rights are assigned to Horizon Hosting via the use of a service provided by Horizon Hosting unless otherwise specifically contracted or required for Horizon Hosting to provide its services.
- Any rights or licenses to content granted to Horizon Hosting survive the termination of this contract unless otherwise agreed in writing.
- Horizon Hosting must perform scheduled maintenance to servers from time to time. Horizon Hosting will attempt to perform all scheduled maintenance at times that will affect the least amount of clients.
- Unscheduled maintenance may be required due to data corruption, service failure or equipment failure. Horizon Hosting will endeavor to inform you via email or on our website with details of any outage.
- Either party may terminate this agreement in writing giving signed 1 months notice, by way of fax or normal postal mail. Email or verbal notice is insufficient to terminate contract.
- Horizon Hosting may terminate this contract without notice where a breach has occurred of this agreement or the Acceptable Use Policy.
- Until proper notice has been provided to Horizon Hosting, the customer agrees that they are still incurring monthly or any other contractual charges and fees even if a service is unused, suspended or deactivated.
- 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 Horizon Hosting.
- Horizon Hosting reserves the right to suspend an account via way of blocking supply or access to a service or degradation of a service. Notice will endeavor 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.
- The customer agrees that once an account has been put on hold or suspended it is the customer's responsibility to contact Horizon Hosting to either terminate or correct any causes for the suspension prior to re-establishment of the supply of service.
- Once Horizon Hosting suspends an account the customer waives any right under any Service Level Agreements or right of access or supply until such time as the customer demonstrates to Horizon Hosting that the reasons for suspension have been dutifully addressed to Horizon Hosting's satisfaction.
- Once a service is terminated, Horizon Hosting has the right to remove any content, public or private, that you may have published, posted, propagated and/or received.