EZiHosting Terms of Service as at 11 November 2013
“EZiHosting” means EZi Hosting Pty Ltd (ABN – 47 097 040 849).
“Customer” means any person who is authorised to use the Account.
“Account” means the Service and the Customer’s right to use the Service.
“Service” means the services rendered by EZiHosting or its Agent to the Customer under this agreement.
“Agent” means any third party acting on behalf of EZiHosting.
All payments to EZiHosting are processed via EZiHosting’s website and designated payment processing systems. In most cases the Customer will be invoiced by EZiHosting Pty Ltd.
EZiHosting will provide the Customer with a user name and password which will allow the Customer to access their website and Account’s control panel from where payments can be made.
The Customer must pay to EZiHosting for all Services in advance.
Domain name registrations will only proceed to completion once full payment has been made by the Customer. EZiHosting will not be liable should an unpaid pending application be registered by another party whilst awaiting payment.
To obtain account information, the Customer must open a support ticket in their Account’s control panel or call 1800 112270 quoting the Customer Account number, domain name and/or invoice number.
EZiHosting reserves the right to shut down Accounts at any time or delete information and data stored in or about that Account if payment is outstanding beyond 14 days.
EZiHosting sends invoices by email. EZiHosting does not send out paper invoices via regular mail unless specifically requested. A nominal administrative charge may be applied to invoice request by regular mail.
Domain names – EZiHosting will not refund the Customer once a domain registration is completed. Where a domain name is purchased, renewed or transferred under EZiHosting’s management and the transfer fails for whatever reason EZiHosting will issue a refund for that purchase, renewal or transfer.
Hosting – Web hosting fees are fully refundable if requested by email within 28 days of purchase. The only exception is where the Customer purchases a hosting Service with a free or discounted domain name registration. In that case, EZiHosting will refund the difference between the hosting Service fees paid less the value of the normal domain name registration fee.
SSL certificates – EZiHosting will not refund the Customer once an SSL certificates registration is completed. If the Customer cannot complete the SSL certificate order process for whatever reason and no SSL certificate was assigned, EZiHosting will refund the Customer in full.
Other Services – EZiHosting will not issue a refund for Services if the Customer simply changes their mind. However, EZiHosting may decide to refund the Customer fully or in part for any “unconsumed” Services at its sole discretion.
Individual Internet Protocol number
When EZiHosting refers to the term “your own individual IP” it means that EZiHosting will provide an Individual Internet Protocol (IP) number when requested to facilitate, for example, the installation of an SSL certificate. Until then, the Customer’s Account may utilise a shared IP.
On request, the Customer may purchase an Individual IP at a nominal cost after which the individual IP will be assigned to the Customer’s Account.
Conditions of use
The Customer undertakes that all text and graphics and other items contained on the Customer’s website will be either the property of the Customer or appropriate permission to use the material has been obtained from the owners of the material. All data uploaded to the website under this agreement will not expose EZiHosting to any risk of any claim, legal or administrative action or prosecution.
EZiHosting reserves the right (but is under no obligation) to remove from Internet access any part of the Customer data that, in EZiHosting’s opinion, infringes any of the terms set out in this agreement.
EZiHosting reserves the right, where specific server programs such as Microsoft ASP extensions are offered, to run such programs on the platform of its choice.
EZiHosting, at its sole discretion, reserves the right to refuse to approve a Service for any Customer. The Customer agrees that submission of the Service application does not obligate EZiHosting to accept the Customer’s request. The Customer agrees that EZiHosting or its Agents shall not be liable for loss or damage that may result from EZiHosting’s refusal to accept the Service application.
Customers are not authorised to use EZiHosting’s or its Agent’s servers for any purpose other than the Service provided by EZiHosting to the Customer.
The Customer must not engage in the sending of bulk unsolicited (spam) e-mails or similar activities.
Any reading of any directories other than the users own home directory will result in immediate cancellation of all Accounts with EZiHosting and may result in further legal action.
EZiHosting logs all user actions. These are not normally examined except in the event of expected security breaches. Any unauthorised activity discovered, even if not related to security breach being investigated may result in cancellation of all EZiHosting Accounts.
Any attempt at hacking servers, websites, compromising passwords, logging into gateway or routers for which the Customer does not have permission or an Account will result in the immediate cancellation of all EZiHosting Accounts and may result in further legal action.
EZiHosting accepts no responsibility whatsoever for:
- # e-mail messages that may not reach the intended destination or are delayed,
- # any material held on EZiHosting or its Agent’s servers or any information held or e-mail passing through EZiHosting’s systems and/or servers, including original artwork supplied for scanning and inclusion on the Customer’s website,
- # damages due to information that is lost, corrupted or otherwise unrecoverable from an EZiHosting server.
The Customer agrees that they must keep secure any passwords used to upload data to the server.
The Customer is solely responsible for dealing with persons who access the Customer data, and must not refer complaints or inquiries in relation to the Customer data to EZiHosting.
A web server is sold to a particular entity and that entity may not resell space on that web server without express permission from EZiHosting or as implied by the Service; for example a “Reseller Account”.
Customer’s data will be archived onto backup mechanisms on a regular basis for the purposes of EZiHosting’s disaster recover. In the event of equipment failure or data corruption, EZiHosting will restore from the last known good archive. Should all of EZiHosting’s archives be corrupted, or in the event that an old archive is used to restore data, the Customer should be prepared to upload their data to their website. This process requires that the Customer maintains a recent copy of their data at their premises or other external place at all times. EZiHosting reserves the right to charge a nominal fee for restoring a backup.
For the avoidance of doubt, it is the responsibility of the Customer to back-up their data.
EZiHosting offers several hosting packages where we advertise UNLIMITED EVERYTHING™. Generally, we do not actively limit resources like FTP and email accounts, SQL databases, sub, parked or add-on domains, bandwidth and disk space. However, we do reserve the right to charge for any usage that would be considered extreme.
Either party may terminate this agreement by 30 days notice in writing (paper or electronically) to the other party. If the Customer is in breach of this agreement then no fees will be refunded. EZiHosting is under no obligation to refund fees to Customers who for whatever reason decide to terminate this agreement before it has ended.
After termination or expiry of this agreement, EZiHosting may delete all Customer data from any storage media.
This agreement commences on the date listed on the Service order form and continues until expiry of this agreement or any earlier termination in accordance with this agreement.
A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by both parties.
The Customer may not assign its rights and obligations under this agreement without the prior written consent of EZiHosting.
EZiHosting reserves the right to change these terms and conditions by publishing to its website as notice to any changes.