
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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