Hostingwa.com
Your Western Australian Web Hosting Specialist

Blue Gecko Hosting provides web site hosting services and has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Blue Gecko Hosting general policy is to act as a provider of internet presence. Blue Gecko Hosting has specific ethical concerns regarding the use of its computers detailed below. Blue Gecko Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by Blue Gecko Hosting when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Blue Gecko Hosting is strictly prohibited.
Unauthorized use of other people's accounts or computers Blue Gecko Hosting 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.

Any unauthorized use of accounts or computers by a Blue Gecko Hosting customer, whether or not the attacked account or computer belongs to Blue Gecko Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.


Commercial Advertisements with E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider Spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.


Chat Rooms
We do not allow customers to install their own chat rooms without approving it with the Blue Gecko Hosting Support Team.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CGI Scripts
If your account has a CGI script(s) that continuously uses more than 10% of the server's system resources you will be asked to remove it within 24 hours. If no action is taken we will disable it. If the script(s) is severely effecting the server we do reserve the right to disable it immediately.

 

Payment Policies

 

Accounts

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Blue Gecko Hosting in writing for a request for termination of services.

The customer agrees to pay all charges that are incurred through their usage of the Service. Subsequent payments are due on the anniversary date based on the same time duration as the previous provision and at the current pricing schedule. A renewal notice will be sent to the customer within 28 days of the expiration of the current period.
The customer acknowledges that any non-processing of their payment, including but not limited to, dishonoured cheques, refer to drawer notices or insufficient funds notices, may incur a $20 administration fee, payable to Blue Gecko Hosting.
The customer acknowledges that any failure to make payment before the due date, will entitle us to suspend or terminate the customer's account. Any renewal after such suspension or termination shall incur a $50 re-establishment fee.
We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already pre-paid. All payment is in Australian currency. In the event any monies are dishonoured in the form of either cheques being returned or charge backs, Blue Gecko Hosting will apply a $25.00 Fine in addition to any monies due.

Cancellation of services

The customer must provide at least 14 days written notice for termination of a Service. No refund shall be given for any unused time or services. The customer acknowledges that their non-use or minimal use of the Service, does not constitute a right to a full or partial refund of fees.


Lawful Purpose
Blue Gecko Hosting reserves the right to refuse service to anyone. Customers may only use Blue Gecko Hosting 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. Blue Gecko Hosting expressly forbids anyone from using Blue Gecko Hosting servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Blue Gecko Hosting management. In addition any site selling or promoting bulk email services is not allowed

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Blue Gecko Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against hostingwa.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Blue Gecko Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with hostingwa.com's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from hostingwa.com's server.

Disclaimer
Blue Gecko Hosting will not be responsible for any damages your business may suffer. Blue Gecko Hosting makes no warranties of any kind, expressed or implied for services we provide. Blue Gecko Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Blue Gecko Hosting and its employees. Blue Gecko Hosting reserves the right to revise its policies at any time.

Failure to follow any term or condition may be grounds for account deactivation.

 

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