This Terms of Service ("TOS") sets forth the terms and conditions of your use of Techost web hosting services, domain names and other Internet-related services. In this Agreement "you" and "your" refer to each customer and "Techost", "we", "us" and "our" refer to Techost Australia. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Techost service(s) or to cancel your Techost service(s) (even if we were not notified of such authorization), this TOS covers such service or actions. By using the service(s) provided by us under this TOS, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by Techost.

To ensure the integrity and efficiency of all services provided by Techost, the observation of conditions of use for the following services are vital to the quality of service we offer each account holder that shares the same web hosting server:

Server space and bandwidth

You may occupy only the amount of disk space that are allocated to you according to the service plan you have subscribed to and utilize no more than the network bandwidth that is allotted by us. Additional fees, specified in the web hosting services page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. However, if the resource usage is excessive and causing disruption to other account holders on the same server, we reserve the right to deactivate the account pending your cooperation and resolution.

You are free to use any scripts you wish provided they do not affect the normal operations of the server. CGI scripts can be resource intensive and because a web hosting server is shared with other users, we must limit how much of the system  resources can be used by any one account on a shared server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges.
You are responsible for keeping the scripts up-to-date as running outdated scripts poses a great security threat.

In the event a script affects normal server and/or administrative operations, we reserve the right to suspend the account pending your cooperation and resolution. Techost will be the sole determinant of what constitutes degraded server performance.

Unauthorized daemons and background processes

An unauthorized daemon is any process that runs continuously in the background that is not started or operated by Techost. Only daemons that have the express written permission of Techost are permitted to operate on the our servers. However, if any of these daemons start to exhibit operating problems, we reserve the right to terminate the daemon immediately and restrict its ability to restart.

Any account found to be operating any programs and/or daemons that open listening sockets on our server are expressly forbidden and will be terminated at our discretion.

Techost provides SSH access to all our customers without extra charge. However, due to the flexibilities of SSH, it allows possibilities for error, and actions which may cause harm to the server. SSH access to an account is provided as a privilege which can be revoked and permanently denied if user's activities appear detrimental to the health and security of the server. For security reasons, shell access is not enabled by default. In order to activate shell access on your account, you will need to fax or mail a copy of your driver's license, passport or other photo id to customer service.

All user activities performed via SSH access will also be logged and monitored by Techost for security purpose. You are expressly requested not to modify nor delete any account log files such as ".bash_history" in your root directory. Violation of this rule could subject your account to immediate suspension.

Techost does not allow bots of any kind to be operated on our web hosting servers. This includes, but not limited to, IRC servers, IRC bots, proxies, anonymizers, and web transversal spiders.

Chat Servers

Chat Servers of any kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on web hosting servers and can hinder the performance of normal delivery for other account holders. For this reason chat scripts/clients, that are not Java based or hosted by a third party provider, are not permitted on any of our web hosting servers.

All SSI calls should be made from files that are in accordance with established naming conventions. This means all SSI calls should originate from files that are named with the .shtml or .shtm file extensions. Techost reserves the right to disable any SSI that is not being called from a file with the .shtml or .shtm extension.

All web hosting packages include access to the pre-installed mailing list software. It is important that you use such tool accordingly. If you are sending to large mailing list (exceeding 1000 addresses) you should contact Techost requesting permission to send the mailing through the our servers prior to sending any messages. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

Due to their use of flat files instead of databases, Techost does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared hosting environment. We suggest using phpBB (included with every account) as a more efficient, database-driven alternative to these bulletin boards.

Sharing of your account with other users is not permitted on Techost servers.

Techost has agreed to host/service you and your account only.

Any account that affects the normal operation of any of the services provided by Techost including, but not limited to, administrative tasks, technical support, database services, server access, network speed, content or email delivery, may be deactivated in an effort to restore normal operations.

In the event of account deactivation, we remain the final authority in determining whether or not the account will be reactivated. The severity of the violation, as well as the account holder's cooperation and ability to prevent future abuses, will be considered by Techost when determining whether or not the account will be reactivated.

All our shared hosting servers will be back-up on daily basis. However, we do not guarantee the existence, accuracy, or regularity of the back-up services and, therefore, you are responsible for making back-up files for your account. We do not restore single files or directories in the event of your accidental deletion. The back-ups we do daily are system wide for full restoration and not available for single file retrieval. You will need to restore the contents from your own back-up files. It is important that you keep a local copy of your files at all times for situations such as these.

The following services and activities are strictly prohibited on any of our shared hosting servers:

Our services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any copyright/trademark, as well as the participation or promotion of violence, racism, or other defamatory content of any kind are prohibited.

You may not use any of our services to transfer illegal, copyrighted, trademarked, patented, or trade secret material without the prior permission of the author or owner. This includes pirating software (warez)audio/video files, cracks and/or registration codes, in addition to offering links, directories, and redirections, to other sites that do so. If we find that this is occurring on your account it will be used as grounds for immediate termination of your account.

Pornography is prohibited on all our shared hosting servers. This includes sex-related content and/or merchandise as well as links to pornography, sex-related content, and/or merchandise. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content meant to sexually arouse is prohibited. Child Pornography of any kind is prohibited on all servers and will be reported to the authorities if found. Techost reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". If you are unsure whether or not your site falls into this category feel free to contact us with a description and link for review before you place an order.

Techost has a strict "No-Spam" policy. The abuse and misuse of email is a serious problem, and we will not tolerate it. Sending spam is a direct violation of Techost's Terms of Service and is cause for immediate termination without refund.

Techost considers spam to be any unsolicited email, often of a commercial nature, sent indiscriminately to mailing lists, individuals, or newsgroups, among other mediums. Any account found to be associated with the delivery of spam will be immediately terminated without warning and without refund. We reserve the right to refuse or cancel services to known spammers.

Mailing lists and mass outgoing email is acceptable and many times necessary. However, we require that you send such messages only to those who have explicitly requested to receive them and clearly identify yourself as the sender. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited. Techost reserves the right to decide what it considers "Spam", "UCE", "mail bombing", or "bulk email".

Accessing illegally and/or without authorization to content, services, computers, accounts, or networks belonging to Techost or another party, or attempting to penetrate security measures of Techost or other parties is prohibited and will result in immediate account termination. This includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Accounts initiating any activity or containing code/scripts/binaries etc that appear to be for the purpose of violating or disrupting the services and/or content of others will be terminated immediately without notice and without refund. Techost may also report any activity of such nature to the proper authorities as well as providing any information we may have to assist the authorities in contacting the party responsible for storing or using of these types of tools.

This includes engaging in activities, whether lawful or unlawful, that Techost determines to be harmful to our customers, operations, reputation, goodwill, or customer relations.

The responsibility for avoiding the harmful activities just described above rests primarily with you. Techost will not intentionally monitor the communications of our users to ensure that they comply with our policy or applicable law. However, we will take necessary actions to stop any harmful activity, including but not limited to, removing information, shutting down your account, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action we deem appropriate.

Techost may also disclose information, including but not limited to, information concerning your account, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice.

Service Fees

All payments to Techost Are Non-Refundable. Payment due dates for your account are set to the day of your account creation date. All payments are to be paid on time. A payment reminder shall be delivered to you by email about 10 days before your payment due date. You are required to remit payment to Techost by no later than 5 days after the specified payment due date. In situation where recurring billing has been arranged, Techost shall debit your specified credit card 1 day before or after the payment due date. Any account that is unpaid 5 days after the due date will be deactivated and may incure a re-activation fee. Accounts that remain deactivated for 5 days will be deleted without notice and backup provisions.

You may cancel your account at any time by sending a notice to our billing department. Our billing department can be contacted via our help desk. Cancelled and/or terminated accounts will be deleted within 48 hours and without backup provisions. No refunds will be made for the current pre-paid service.

Taxes

You will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of our services.

No refunds will be provided for any pre-paid fees in cases of account deactivation due to violation of our Terms of Service.

Techost reserve the right to revise our prices at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered. However, once your account is due for renewal, the new prices will be applicable.

Upon your request for any of our services, you agree to be bound by Techost's current AUP published on our site ("AUP").

You agree to release, indemnify, and hold Techost, its directors, officers, agents, employees, affiliates and all other persons or entities acting in any capacity on Techost's behalf harmless from any claims, losses, or damages, including legal fees, from any claims or liabilities arising from the use of our services which caused damages to you or any other party.

You agree, during the period of this TOS, that we may: (1) revise the terms and conditions of this TOS; and (2) change the services provided under this TOS, at any time. Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on Techost's web site, or on notification to you by email. You agree to review Techost's web site, including the TOS, periodically to be aware of any such revisions. If you do not agree with any revision to the TOS, you may terminate your account by sending a notice to our billing department. Our billing department can be contacted via our help desk. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Techost services following notice of any revision to this TOS or change in service(s), you abide by any such revisions or changes. Your continued use of our services shall constitute your acceptance of this TOS with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your account be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this TOS.

YOU AGREE THAT TECHOST AUSTRALIA WILL NOT BE LIABLE FOR ANY

(1) USE OF YOUR WEB HOSTING ACCOUNT,
(2) INTERRUPTION OF BUSINESS
(3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES
     YOU HAVE HOSTED ON OUR SERVER
(4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
(5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION
(6) EVENTS BEYOND OUR CONTROL
(7) THE PROCESSING OF THIS APPLICATION
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR
     ACCOUNT IDENTIFIER OR PASSWORD.

TECHOST WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Techost reserves the right to suspend, terminate or modify our services we provide in the event (a) you materially breach this TOS and do not cure such breach within the period of time stipulated by us in our notice to you, (b) you use any of our services to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your web hosting account in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, or other modification as provided for in this TOS.

Techost, at our sole discretion, reserve the right to refuse or cancel any service provided to you, or to delete your account within five (5) calendar days from receipt of your payment for our services. In the event we do not accept your request of our service, or we delete your account within such five (5) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for any loss or damages that may result from our refusal to accept you request for our services.