Terms
and Conditions
Mesh Hosting Services agrees to provide, and
Client agrees to receive, access to the Web Hosting and related Services according
to the following Terms and Conditions:
1.0. General
1.1 The Client is the person or entity who is
applying to receive, or who is receiving, Web Hosting Services from Mesh Hosting
Services.
1.2 The Web Hosting Service is provided on an
"AS IS, AS AVAILABLE" basis. Mesh Hosting Services gives no warranty,
express or implied, for the Web Hosting Services provided. This 'no warranty'
clause expressly includes any reimbursement for losses of income due to
disruption of services by Mesh Hosting Services or its providers beyond the fees
paid by the client to Mesh Hosting Services for services.
1.3 Client will use the Web Hosting Services in a
manner consistent with any and all applicable laws of the State of
1.4 Use of any information obtained by way of Mesh
Hosting Services is at the Client's own risk, and Mesh Hosting Services holds
no liability for such use.
1.5 Mesh Hosting Services is not responsible for
any damages arising from the Client's use of Mesh Hosting Services or by the Client's
inability to use the Web Hosting services for any reason.
1.6 The customer is required to provide Mesh
Hosting Services with correct and up to date contact details for billing and technical
notification purposes. Mesh Hosting Services takes no responsibility for
disruption to services due to inability to contact the customer.
2.0 Payment
2.1 All accounts are payable yearly in advance.
2.2 For clients that have paid by cheque, money order or direct transfer:
2.2.1 Client will receive an invoice by postal
mail or electronic mail no less than two (2) weeks prior to the due date of the invoice.
2.2.2 Where any invoice issued by Mesh
Online or any of its companies becomes more than 14 days
overdue, the client's service will be automatically deactivated pending payment.
A re-activation fee will be applied to the client's account in addition to any
outstanding amounts. Reactivation of service will only occur where the full
amount, including reactivation fee(s), is paid.
2.3 Mesh Hosting Services reserves the right, in
its sole discretion, to deactivate the client's Web Hosting account(s) upon an
indication of credit problems including, but not limited to, delinquent
payments.
3.0 Domain Names
3.1 Mesh Hosting Services provide no warranty or
guarantee that the domain name applied for will be available for registration
by you, the client.
3.2 Registration and ongoing use of a domain name
are bound by the relevant naming authority's policies and procedures.
3.3 You, the client, agree to irrevocably waive
any claims against Mesh Hosting Services that may arise resulting from the decision
of a naming authority to refuse to register a domain name.
3.4 In the circumstances that Mesh Hosting
Services did not register your domain name, you accept that it is your responsibility
to ensure that your Domain Name Licence is renewed furthermore, Mesh Hosting Services will accept no responsibility
or liability for the renewal of your domain name under these circumstances.
3.5 Payment for registration or renewal of a
domain name must be made prior to any action being taken by Mesh Hosting Services
to submit the registration or renewal application to the appropriate registrar.
3.6 Should Mesh Hosting Services undertake the
renewal of a domain name on your behalf where the original registrar for the domain
is different to Mesh Hosting Services's registrar of
choice, the successful renewal of the domain by Mesh Hosting Services will be
dependant on your agreement to transfer the domain to our registrar of choice.
3.7 Domain registration applications will only be
processed upon payment for this service and Mesh Hosting Services accepts no
responsibility for delays in domain registration where the delay results from a
third party.
3.8 Domain renewal requests will only be processed
upon payment for this service and Mesh Hosting Services accepts no responsibility
for delays in domain renewal where the delay results from a third party.
3.9 Domain registration applications and renewal
requests will be processed within 1 -2 business days of receipt of payment and
other required information from you, the client.
3.10 Requests for cancellation of domain
registration will be accepted up to 48 hours after registration of the domain
by our registrar. Fees apply for cancellation of a registered domain.
3.11 Requests to transfer ownership of a domain
name to a different entity will be accepted by Mesh Hosting Services however, Mesh
Hosting Services is bound by the relevant policies of the appropriate naming
authority. Fees apply.
3.12 Official Policy Documentation for the
".au" domain name space can be located at www.auda.org.au
4.0 Change
4.1 Mesh Hosting Services reserves the right to
modify these Terms and Conditions in any way and as required. Notice of such changes
will be delivered to users via postings on Mesh Hosting Services's
Web Site only. Continued usage of Web Hosting Services indicates the client's
acceptance of the Terms and Conditions in their amended form.
5.0 Trademarks and Copyrights
5.1 The client warrants that it has the right to
use the applicable trademarks of Client, and grants to Mesh Hosting Services the
rights to use such trademarks, if any, in connection with Mesh Hosting Services's promotion of, referencing of, cataloging of, or
indexing of it's Web Hosting clients.
5.2 The client hereby agrees that any material
submitted for publication on Mesh Hosting Services through Web Hosting Services
received by the Client will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain
anything libelous or harmful.
6.0 Hardware, Equipment, and Software
6.1 The client is responsible for and must provide
all telephone, computer, hardware and software equipment and services necessary
to access the Web Hosting Services. Mesh Hosting Services makes no
representations, warranties, or assurances that the client's equipment will be
compatible with Mesh Hosting Services's equipment.
7.0 Internet Etiquette
7.1 Users of Internet and electronic forums should
be considerate of the expectation and sensitivities of others on the network
when posting material for electronic distribution. The network resources may
not be used to impersonate another person or misrepresent authorisation
to act on behalf of others or Mesh Hosting Services. All messages transmitted
via Mesh Hosting Services's service should correctly
identify the sender furthermore; users may not alter the attribution of origin
in electronic mail messages or postings. Users must not attempt to undermine
the security or integrity of computing systems or networks and must not attempt
to gain unauthorised access to said systems, networks
or services.
7.2 Due to the public nature of the Internet, all
information should be considered publicly accessible, and important or private
information should be treated carefully. Mesh Hosting Services is not liable
for protection or privacy of electronic mail or other information transferred
throughout the Internet or any other network Mesh Hosting Services or its
customers may utilise.
7.3 Use of distribution lists via unsolicited
electronic mail or other electronic mailings is strictly prohibited. Mesh Hosting
Services reserves the right to deactivate the Client's Web Hosting account(s)
upon an indication of such activity. Client hereby agrees to indemnify and hold
harmless Mesh Hosting Services from any claim resulting form the client's or another
party's use of electronic mail service(s) on the client's Web Hosting
account(s).
7.4 Obscene Speech or Materials -- Using Mesh
Hosting Services's network to advertise, transmit,
store, post, display, or otherwise make available child pornography or obscene
speech or material is strictly prohibited.
7.5 Defamatory or Abusive Language -- Using the
Mesh Hosting Services network as a means to transmit or post defamatory, harassing,
abusive, or threatening language is strictly prohibited.
7.6 Other Illegal Activities -- Engaging in
activities that are determined to be illegal, including advertising, transmitting,
or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software is strictly
prohibited.
7.7 Other Activities -- Engaging in activities,
whether lawful or unlawful, that Mesh Hosting Services determines to be harmful
to its subscribers, operations, reputation, goodwill,
or customer relations is strictly prohibited. Mesh Hosting Services reserves
the right, in its sole discretion, to suspend the client's services provided by
Mesh Hosting Services - including but not limited to web hosting services,
email accounts or others - without notice upon proof of breach of the clauses
outlined in Section 7.0 of this agreement.
8.0 Termination
8.1 The client may cancel the Web Hosting Services
provided by Mesh Hosting Services upon the conditions that requests for
cancellation are made in writing and sent to Mesh Hosting Services via postal
mail to Level 10,
8.2 Within 2 business days of receipt of
cancellation request, the service will be deactivated. The service (including
any files, hosting space, databases or other related items) will be deleted
from Mesh Hosting Services's servers 7 days after account/service
deactivation. It is the responsibility of the client to ensure that all required
data is backed up by the client prior to deletion.
8.3 Refunds will only be granted if cancellation
occurs within the first 30 days of service provision.
8.4 Mesh Hosting Services reserves the right to
suspend Web Hosting Services and any other services provided without notice for
any unpaid or partially paid balances. The Client is responsible for any legal
fees incurred during the collection of any unpaid amounts.
8.5 Spamming (the practice of sending unsolicited,
unwelcome mass mailings to people) is strictly prohibited. Any client found to
be Spamming will have their Web Hosting and any other services immediately
terminated and find themselves billed for any unpaid balances as well as for
any damages that occur as a result of the act of spamming.
9.0 Satisfaction Guarantee
The client may terminate any services solicited by
them from Mesh Hosting Services within the first thirty (30) days from activation
of the hosting account and receive a full refund. A request for termination of
services must be received in writing or via email as per outlined in Section
8.0, Termination. Setup fees and domain name payments are not refundable.
10.0 Privacy Policy
Agreement with, and acceptance of, Mesh Hosting Services's privacy policy is implied by your acceptance of
these Terms & Conditions.
11.0 Agreement
The client agrees that the abovementioned terms
and conditions constitute the full and complete understanding between Mesh Hosting
Services and the client of the obligations and responsibilities of both parties
to the other.
END TERMS AND CONDITIONS