TERMS AND CONDITIONS & ACCEPTABLE USE POLICY
All services are subject to the terms of service and by subscribing, the customer agrees to comply. Please read our policies and pay special attention to the restrictions (SPAM and IRCd).
WebJex works hard to ensure all accounts hosted on our servers are hosting legitimate contents only and to protect all WebJex customers and general public from unethical and illegal usage of Internet.
WebJex will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by WebJex of an issue, we reserve the right to leave access to services disabled.
WebJex will take necessary steps to ensure quality of services on our servers. WebJex may modify, suspend and take all necessary action should your account overloads or cause degradation of service on our Servers. If you are deemed to have outgrown your current service plan then WebJex will take steps to recommend an alternative plan which might better suit your account. Repeat occurrence of server disruption by your account will result in your account remaining suspended if you are unable to remedy the problem.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by WebJex to be unacceptable use of WebJex’s services including abuse of server resources.
The following activities are not allowed on WebJex servers:
- · Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- · Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- · Displaying material that exploits children under 18 years of age.
- · Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
- · Unlawful use of WebJex resources such as but not limited to distribution of child pornography.
- · File upload / sharing / archive / backup / mirroring / distribution sites.
- · Making your account resources available (whether for free or pay) to the general public.
- · Account in shared hosting servers which primarily function is to distribute / provide downloads, storage files, media and/or data.
- · Account that consistently uses more than 5% of the server CPU resources on shared servers.
- · Sending more than 2,000 emails from your account per day is not allowed on shared hosting account. VPS, Cloud Servers and Dedicated Server is exempted from this clause.
- · Setting account(s) “catchall” mail setting to forward to a remote FREE server such as (but not limited to) yahoo.com, hotmail.com, gmail.com and similar provider.
WE HATE SPAMMERS
WebJex has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, WebJex may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, WebJex reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WebJex will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.
- · Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
- · Customer will not use another site’s mail server to relay mail without the express permission of the site.
- · It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside iWeb Technologies Inc. network.
BANNED SCRIPTS / SOFTWARE
The following scripts, services and software are not permitted on our servers. Both Unix and Windows based scripts. IRC services such as eggdrops, psybnc, anope and other IRC server software may be used at our discretion on our IRC hosting plans.
- · Ikonboard (all versions)
- · The Anonymizer
- · UltimateBBS (all versions)
- · All soap mailers
- · Egg Drops
- · BitchX
- · psybnc (all versions)
- · guardservices
- · Proxy Servers
- · ptlink
- · nph-proxy
- · bnc
- · Greymatter
We currently do not allow IRC clients or IRC bots to be operated on any of our shared servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Our IRC server plans are exempt from this rule and you agree that we may monitor the account at our discretion to monitor for abuse or illegal activity.
We may also connect to your IRC server that utilises our network to manually check the nature of your network.
– All accounts are set up on a pre-pay basis.
– All pricing is guaranteed for the term of pre-payment.
– All pre-payment are non refundable unless otherwise stated.
– WebJex reserves the right to change prices at any time, unless other terms have been agreed upon.
– Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension and late fees imposed.
– Dedicated servers and Cloud Servers are subject to being reclaimed within 5 days of non payment and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact WebJex directly after you make all payment to reactivate the dedicated / cloud server. – Invoices are usually auto generated by our billing system and is deem to be correct and accepted by the customer unless we receive a query or complaint by the customer.
– WebJex may report and or contract a 3rd party such as Equifax, Experian, TransUnion or Veda to assist in collection of bad debts.
– All Australian are subjected to 10% GST as per required by Australia Taxation Office. Any applicable taxes will be added to WebJex’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
MONEY BACK GUARANTEE
The following does not apply to The forty-five (45) days Money Back Guarantee.
– Dedicated Servers
– Cloud Servers
– Domain Name Registration
– Administrative fees
– Install fees
– Custom software fee
– Any fees for any other additional services
– WebJex reserves the right to cancel service at any time.
– Unless otherwise provided, you agree that until and unless you notify WebJex of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
– All fees paid in advance of cancellation will be pro-rated and reimburse to the customer if WebJex institutes its right of cancellation however if the cancellation is due any violation of this Terms and Conditions & Acceptable Use Policy, no refunds will be given nor entertained.
LIABILITY AND OBLIGATIONS ON CANCELLATION
If the Agreement expires or is canceled or not renew for any reason, WebJex is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, WebJex will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to WebJex under this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through WebJex’s services may be subject to protection under the Australia, United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use WebJex or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WebJex network.
Customers may not use the WebJex network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WebJex will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, WebJex may shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting WebJex or any of its other customers.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
STATIC / DYNAMIC CONTENT CACHING
You expressly (i) grant to WebJex a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by WebJex under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Any abuse towards any WebJex or employees will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing WebJex or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at WebJex group or WebJex or its employees shall be considered a violation of this agreement and WebJex or employees and contractors will be the sole arbitrator in regards to what is deemed a violation.WebJex works hard to ensure all accounts hosted on our servers are hosting legitimate contents only and to protect all WebJex customers and general public from unethical and illegal usage of Internet.Any abuse towards any WebJex or employees will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing WebJex or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at WebJex group or WebJex or its employees shall be considered a violation of this agreement and WebJex or employees and contractors will be the sole arbitrator in regards to what is deemed a violation.
IP ADDRESS OWNERSHIP
WebJex shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by WebJex and WebJex reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
Customer agrees to pay WebJex prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the WebJex price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. WebJex reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from WebJex to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by WebJex) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to WebJex as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WebJex will reinstate Customer’s domain name registration solely at WebJex’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
WebJex reserves the right to refuse service to anyone. Customers may only use WebJex server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of WebJex management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in South Australia, Australia and any dispute will be litigated or arbitrated in South Australia, Australia. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in South Australian courts. IN NO EVENT SHALL WebJex’s MAXIMUM LIABILITY EXCEED THREE HUNDRED ($300.00) DOLLARS.
You agree to indemnify, defend, and hold harmless WebJex 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, WebJex, 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.
WebJex will not be responsible for any damages your business may suffer as the direct or indirect consequence of using our services. This includes loss of data, outages, service disruption of any kind caused by WebJex and it’s employees. WebJex reserved all rights to revise all our terms of service at anytime.
By placing and continuing to maintain or place information on WebJex 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. You also accept and understand that any violation of this Terms and Conditions & Acceptable Use Policy is ground for us to cancel your service without providing you with any remedy or refunds.