(referred hereinafter as 'Website Downunder', 'our', 'we' and 'us')
is a web hosting firm. All accounts on our web servers,
including single-domain and multidomain, are
subject to the terms and conditions described in this document.
Under the terms of this agreement, your placement of information on
our servers is an acknowledgment that you have read, understand, and
agree to be by by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of
these services which violates any laws which may apply to
your local jurisdiction, or any jurisdiction that you or your site
may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libelous, offensive, pornographic, indecent, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the
reserves to the right to the final decision on what constitutes
2. Resource Usage,
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory space, more
than 30 CPU seconds, or use more than 5% of all available system
resources at any time.
Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat)
Adult content is permitted on the condition that:
Media (defined as images, videos, slide-shows, flash presentations)
cannot be any copyrighted material, such as 'celebrity snap-shots',
'photo-scans' of publications, content used without the permission
of model and/or creator.
Media may not represent models, individuals, or figures who are not
of legal age.
associates child-pornography with anyone below 18 years of age.
If any content is found to represent this, immediate and action and
cooperation with local authorities will be taken.
Users are also required to abide by the following:
Databases are only to be used for
web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against
sending of unsolicited e-mail, commonly known as spam. Any user who
sends out spam will have their account terminated without notice.
Customer accounts cancelled for sending and/or aiding unsolicted
commercial email messages are subject to fines imposed by
Penalty amount is determined based upon the intensity of the clients
total SPAM and projected hours spent negotiating removal of spam
lists and administrative personnel research and repair expenses.
reserves the right to require changes or disable as necessary any
web site, account, database, or other component that does not comply
with this policy, at its sole discretion.
also reserves the right to make any such modifications in an
emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless
from any and all liability, penalties, losses, damages, costs,
expenses, attorneys' fees, causes of action or claims caused by or
resulting indirectly from your use of the service which damages
or any other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain
name selection and Web site content.
4. Refusal or
discontinuation of service
reserves the right to refuse or discontinue service to anyone at
may deny you access to all or part of the service without notice if
you engage in any conduct or activities that
in its sole discretion believes violates any of the terms and
conditions in this agreement.
shall have no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility for
any consequences resulting from such discontinuance or lack of
notification. You agree that
has the right to monitor the service electronically from time to
time and to disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers.
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement.
also reserves the right to refuse refunds in cases where
believes abuse has taken place.
makes no warranties or representations of any kind for the services
being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by
or its agents or employees shall create a warranty.
provides no warranty that the service will be uninterrupted or error
free or that any information, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall
be liable for any direct, indirect, special, punitive, or
consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the
service to access your Web space, or to access the Internet or any
part thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are dissatisfied
service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by placing information on
servers that such information becomes available to all Internet
users and that
has no way of limiting or restricting access to such information or
protecting such information from copyright infringement. You assume
total responsibility and risk for your use of
servers and the Internet. It is solely your responsibility to
evaluate the accuracy, completeness, and usefulness of all opinions,
advice, services and other information, and the quality and
merchantability of all merchandise provided through
or on the Internet generally.
Your use of the service is at your sole risk.
is not responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred and
to maintain all appropriate backup of files and data stored on
You agree not to interfere with the operation of the system. You
further agree not to interfere with the proper operation of other
systems reachable through the Internet, including any attempt at
unauthorized access. You agree to adhere to system policies as
including restrictions on services available with each service type,
restrictions on certain features, and all other policies. You agree
to abide by any and all future
reserves the right to monitor any and all communications through or
with our facilities. You agree that
is not considered a "secure communications medium" and that no
expectation of privacy is afforded.
You agree that you as the person legally responsible for all use of
this account, are at least 18 years of age. If you are under 18
years of age, you need to have parental consent in order to sign up,
and the account must be ordered by a parent or guardian, in their
own name. You agree to supply
with a current and truthful name, postal address and telephone
number for our records, and you have a continued obligation to keep
this information current. You also agree that you are an authorized
user of any credit card that you supply to us, and you understand
and agree that we have an obligation to fully investigate any
possible fraudulent credit card use.
7. Sharing of account
space & resale restrictions
You agree and understand that the account you purchase is purchased
solely for yourself and can not be re-sold to any other person or
8. Payment & Other
You agree to supply appropriate payment for the services received
in advance of the time period during which such services are
provided. You agree that until and unless you notify
of your desire to cancel any or all services received, those
services will be billed on a recurring basis.
In order to streamline our accounting procedures and keep costs
runs a limited number of payment options.
Direct Bank Transfer:
This option is our preferred
method of payment and allows you to create a direct bank transfer
from your bank to our account. You can set this up
through most banks either at the branch or via your banks Internet
Banking Website. Following are the details of our
Defence Force Credit Union Limited
Account Name -
Account Number – 20538864
BSB – 803-205
This option is also available for customers to pay for
their Websites Downunder account.
Websites Downunder cannot
guarantee that a service will be provided until after any received cheques have been cleared. We also reserve the right to
charge account keeping charges of $25-00 per year for Cheque
Please Make Cheques Payable to
This agreement supersedes any written, electronic, or oral
communication you may have had with
or any agent or representative thereof, and constitutes the complete
and total agreement between the parties. Should any provision of
this agreement is determined to be invalid or unenforceable, all
other provisions shall remain in full force and effect and said
provision shall be reformed only to the extent necessary to make it
By placing and continuing to maintain or place information on
servers you are stating and acknowledging that you have read the
aforementioned terms and conditions and that you understand such
terms and conditions and agree to be bound by them.
10. Money Back
Each hosting plan includes a full 30-days money back guarantee. If
you are not completely satisfied with our services within the refund
time period specified for your plan, you will be given a full refund
of the contract amount excluding overages. No refund is available
after that period. This policy does not apply to any additional
services such as overages, disk space, bandwidth, maintenance fees,
etc. This refund does not include the purchase of Domain Names,
which have been registered on your behalf, weather included as part
of your hosting package, email package or registered separately.
Accounts canceled/terminated by
for violating our Acceptable Usage Policy do not qualify for the
30-day money back guarantee. Only first-time accounts are eligible
for a refund. For example, if you've had an account with us before,
canceled and signed up again, you will not be eligible for a refund.
This is to protect our refund guarantee from being abused. To
receive a full refund, contact our customer service department.
11. Australian Business Number
The Australian Business Number (ABN)
is a single identifier for all business dealings with the
Australian Taxation Office (ATO) and for future dealings with
other government departments and agencies. Businesses need an ABN
to register for the goods and services tax and other elements
of The New Tax System.
The Government introduced the ABN
in response to the Small Business Deregulation Task Force
report, which called for a single identifier to simplify business
dealings with government.
The ABN is available to State,
Territory and local government regulatory bodies to streamline
registration requirements. Businesses with an ABN are identified
on a public register - the Australian Business Register (ABR) -
though only some of the information provided by clients will be
publicly available. The Registrar of the ABR is the Commissioner
ABN is 13 889 639 430
details about our company can be view by
searching the Australian
Business Register and inserting the our ABN.