Terms & Conditions
These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.These terms also apply to every user of the Service. It is a condition of your use of the Service that:
- you comply with these terms and conditions;
- you make every User aware of these terms and conditions; and
- you ensure that every User complies with these terms and conditions.
These terms and conditions are subject to change as time goes by. These terms and conditions are subject to change as time goes by.We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.
DURATION OF THIS AGREEMENT.
This agreement commences on the date you sign up for
the Service by:
- Emailing your approval to host your website with 1stRACK and/or;
- Signing and returning a purchase order to us.
- our obligation to provide the Service to you ceases;
- you must not attempt to use or access the Service after the date of termination;
- each party’s rights and obligations accrued prior to termination are not affected;
- we may delete all of your data from any storage media; and
- clauses 7 and 9 continue.
2. Server / Network Maintenance.
In order to keep its servers up to date, the Service
Provider will perform scheduled maintenance to servers from
time to time. We reserve the right to suspend access to the
server during the time required for the scheduled
maintenance.The Service Provider will attempt to
perform all scheduled maintenance at off-peak time. If the
maintenance period is expected to last for more than 30
minutes the Service Provider will post a notice regarding
the maintenance to its announce mail list.
Unscheduled maintenance may need to be performed.
During this time the server may be off-line. In this case a
notice regarding the maintenance will be posted after it is
3. Client Data and Data Backup.
UPLOADING CLIENT DATA
- complies with any content standards set by the Service Provider or 1stRACK from time to time;
- complies with the Acceptable Use Policy;
- complies with all Laws; and
- does not infringe the intellectual property rights of any person.
UPDATES OF WEBSITE SOFTWARE
- the security of your website and Client Data may be compromised
- you will be provided with a domain name or sub-domain by the Service Provider;
- any particular domain name is or will continue to be available for you to use; or
- no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.
- disk space (web files, email and database);
- maximum monthly level of traffic usage before incurring extra traffic costs;
- number of domains, sub-domains and domain aliases;
- mySQL databases; and
- email mail lists,
ACCESS TO ACCOUNT
- your website; and
- File Access: files stored on the website/hosting account, via the Joomla Media Manager.
TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES
- technical support for application specific issues, such as PHP, html or script installation
SUSPENSION OR TERMINATION OF ACCOUNT
- we believe that your use of the Service may be in breach of any law;
- we believe that you or a User has committed a breach of this agreement;
- we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider’s systems or networks; or
- the Service Provider suspends or terminates your account.
At the commencement of this agreement, the following
billing method is implemented:
- annual billing for the hosting fees applicable to your Hosting Plan;
- the setup fee (if any) that we advise you of at the commencement of the agreement;
- fees for Excess Traffic Usage (if any) for each month, and
- fees for Excess Storage (if any) for each month,
- fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,
The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with 1stRACK.At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.
CHANGES TO FEES.
Our current Fees are set out in your quotation. They
will apply to you for the duration of the billing period.We
reserve the right to change our Fees. If we change our Fees,
then we will provide you with notice of the changed Fees
through the CHOOSE Digital website, or email to clients. The
new fees will apply from the date that your pre-paid billing
Your invoice will be sent to you at the time the
payment is due. You must pay as indicated on the invoice
sent to you from 1stRACK.We reserve the right to
immediately terminate the Service if payment is not received
timely.The Service Provider and 1stRACK are not
responsible for data integrity on accounts suspended for
non-payment.GST.Unless we expressly
state otherwise, all fees and charges do not include GST. We
reserve the right to recover from you at any time such an
amount on account of GST on supplies made by us to you under
6. Limitations of Service
You acknowledge that, due to the inherent risks of the
internet, and of computer-based networks and systems:
- the services provided under this agreement will not be uninterrupted or error free;
- the services may not meet your requirements; and
- your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.
7.1 IF YOU ARE NOT A CONSUMER:
- our liability to you for any Loss, however caused (including by our negligence), that you suffer or incur in connection with the Service or this Agreement, whether or not you were aware of the possibility of such Losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement;
- the maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason;
- we are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement) sustained by the you or any other person arising from or in connection with the Service or this agreement;
- we are not liable for any Losses you suffer or incur by or in connection with the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; and
- we are not liable for any Losses you suffer or incur due to factors outside our reasonable control.
- in relation to goods:
- replacing the goods or supplying equivalent goods (or paying the cost of either); or
- repairing the goods, or paying the cost of having the goods repaired;
- in relation to services:
- resupplying the services to you; or
- paying the cost of having the services resupplied.
- in relation to a Title Guarantee;
- to the extent that it is not Fair or Reasonable for us to rely on them; or
- in relation to Consumer Goods or Consumer Services we supply to you.
8. You agree to abide by the Service Provider’s Acceptable Use Policy.
You are solely responsible for dealing with persons
who access the Client Data, and must not refer complaints or
inquiries in relation to such data to us.You
must, and you must ensure that any User does, comply with
the Acceptable Use Policy at all times in relation to the
Service.The Service Provider reserves the right
to immediately discontinue service to any subscriber it
deems, in its sole discretion, violates any condition of
service including the Acceptable Use Policy, and these terms
and conditions. We are not liable for any Losses that you
suffer as a result of any such discontinuation.
9. You indemnify us.
The Client agrees to indemnify and hold harmless the Service Provider and 1stRACK and the employees and agents of the Service Provider and 1stRACK (together, “Indemnified Parties”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber’s use of the Services and Products, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.This clause 9 does not apply:
- if you are a Consumer, in relation to any Losses that arise from our breach of a Consumer Guarantee or Title Guarantee;
- in relation to Consumer Goods or Consumer Services we supply to you; or
- to the extent that it is not Fair or Reasonable for us to rely on it.
This agreement and the transactions contemplated by
this agreement are governed by the law of the United States.
11. ACCEPTABLE USE POLICY
This is the Service Provider’s Web Hosting Acceptable Use Policy. It applies to all Customers and all Users.This Acceptable Use Policy may change if:
- the Service Provider changes it; or
- the Service Provider changes and a new Service Provider begins providing the Service.
- the Service Provider or 1stRACK will notify you of the change through the website or by email to clients, or both;
- the new Acceptable Use Policy will apply from the date that we or the Service Provider notifies you of it; and
- if you disagree with the new Acceptable Use Policy, you may terminate this agreement by providing 14 days’ notice to 1stRACK as set out in clause 1.
The person or company which has entered into an agreement with 1stRACK for supply of Services whether via our website or otherwise.Service: hosting and domain registration services offered by the Service Provider and 1stRACK that you use, and that is subject to the limitations set out in clauses 2, 3, 4, 6 and 11.
Users of the Service by the Customer.
The Service Provider and 1stRACK are not responsible for the content of traffic:
- We exercise no supervision or control whatsoever over the content of the information passing through our network.
- We accept no responsibility for the consequences of unauthorized breach of our system security such as hacking or denial of service attacks.
You may use the service for the purpose of web site hosting so long as such use is legal and does not constitute an unacceptable use.The Service Provider does NOT allow ADULT material of any kind. Adult material includes nudity, porn, etc. Links to other web sites containing adult material are NOT permitted either. The Service Provider reserves full right to suspend any account that does not comply with this guideline.You may not use the Service for any purpose that violates local, State, Federal or international laws.You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.The Service Provider’s services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Service Provider remains the final arbitrator of what is or is not considered spam on the Service Provider’s network.Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.You may not abuse our server resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of the Service Provider’s servers. In addition, any domain that exceeds reasonable bandwidth usage can be terminated without prior notice.You may not use the Service Provider’s servers for development purposes. The Client’s web site must be fully developed and tested before it can be moved to our servers. If we find excessive number of errors in the web log files of your account, we reserve the right to suspend your account without prior notice until your web site is debugged.You may not use your Service Provider hosting account as a download repository. If you plan to offer files, other than web page files, for downloading, including music and video files, you must negotiate the terms with the Service Provider. We reserve the right to suspend such accounts without prior notice.You may not use your account for hacking/cracking. We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.The Customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Customer is responsible for securing their username/password.We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may warn you by email (but we are not obliged to do so); suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.You agree that you will have no claim against the Service Provider or 1stRACK in respect of any action reasonably taken by the Service Provider in its implementation of the terms of this Acceptable Use Policy, and you indemnify the Service Provider and 1stRACK against any claim by a User arising out of the same.
Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.This agreement does not create a relationship of employment, agency or partnership between the parties.We may subcontract our obligations under this agreement.The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.
1stRACK Terms and Conditions.