Websites Downunder (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 Websites Downunder, 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 Internet.
Websites Downunder reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

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) network.
 

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. Websites Downunder 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 Websites Downunder-hosted 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 Websites Downunder. 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.

Websites Downunder 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. Websites Downunder also reserves the right to make any such modifications in an emergency at our sole discretion.
 

3. Indemnification

You agree to indemnify, defend, and hold harmless Websites Downunder 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 either you, Websites Downunder, 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

Websites Downunder reserves the right to refuse or discontinue service to anyone at Websites Downunder' sole discretion. Websites Downunder may deny you access to all or part of the service without notice if you engage in any conduct or activities that Websites Downunder in its sole discretion believes violates any of the terms and conditions in this agreement. Websites Downunder 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 Websites Downunder 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. Websites Downunder 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. Websites Downunder also reserves the right to refuse refunds in cases where Websites Downunder believes abuse has taken place.

 

5. No warranties

Websites Downunder 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 Websites Downunder or its agents or employees shall create a warranty. Websites Downunder 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 Websites Downunder 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 with Websites Downunder 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 Websites Downunder' servers that such information becomes available to all Internet users and that Websites Downunder 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 Websites Downunder' 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 Websites Downunder or on the Internet generally.

Your use of the service is at your sole risk. Websites Downunder 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 Websites Downunder servers.

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 published by Websites Downunder, 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 Websites Downunder policy decisions.

Websites Downunder reserves the right to monitor any and all communications through or with our facilities. You agree that Websites Downunder is not considered a "secure communications medium"  and that no expectation of privacy is afforded.

6. Accountholder Identification Information

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 Websites Downunder 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 group.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from Websites Downunder, in advance of the time period during which such services are provided. You agree that until and unless you notify Websites Downunder of your desire to cancel any or all services received, those services will be billed on a recurring basis.

PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Websites Downunder 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 bank account.

Defence Force Credit Union Limited
Account Name -  Websites Downunder
Account Number – 20538864
BSB – 803-205

Cheque Payment:
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 payments:

Please Make Cheques Payable to
Websites Downunder

9. Agreement Acknowledgment

This agreement supersedes any written, electronic, or oral communication you may have had with Websites Downunder 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 enforceable.

By placing and continuing to maintain or place information on Websites Downunders' 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 Guarantee

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 Websites Downunder 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 of Taxation.

Websites Downunder's ABN is 13 889 639 430 details about our company can be view by searching the Australian Business Register and inserting the our ABN.