In these terms and conditions an “account holder” refers to the customer of Dedicated Servers and the “services” refers to the services or products supplied to the account holder including (but limited to) access to and use of, a server(s). Dedicated Servers reserves the right to suspend or cancel an account holder's access to any or all services provided by Dedicated Servers when Dedicated Servers decides (at its absolute discretion) that the account has been in contravention of the Acceptable Use Policy, inappropriately used or otherwise.
1. SERVER USE
Dedicated Servers reserves the right to refuse service and/or access to its servers to anyone.
Dedicated Servers do not allow any of the following content to be stored or accessed on its servers:
1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
2. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Dedicated Servers.
3. Bit Torrents.
4. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
This and any other agreement with Dedicated Servers does not grant or entitle, expressly or otherwise, any right, title or interest in the hardware (including, but not limited to any server) of Dedicated Servers.
2. BANDWIDTH
Each server on a 12 month contract (excluding Celeron servers) has an allocated total monthly bandwidth allowance of 400Gb. Specials are as advertised and all others are 100Gb total bandwidth per month. If this is exceeded, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth is monitored and Dedicated Servers reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $1.80 per Gb per month in excess of that allowed for the server. Extra bandwidth can be purchased on a pre-pay basis only for $51 per 50GB per month to a maximum of 200Gb per month. Pre-paid bandwidth cannot be used in the month in which it is purchased.
3. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth.
When a server is found to be excessively using the resources available, Dedicated Servers reserves the right at its sole discretion to shut down that server immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate account holders may be offered an option whereby Dedicated Servers reactivate the server with additional resources for an additional fee.
While reasonable efforts will be made limit inbound and outbound attacks on severs, Dedicated Servers not be obliged to prevent, limit or stop such attacks and the accountholder shall be responsible for all bandwidth used whether or not used or contributed to, by an attack.
4. PAYMENT POLICIES
All account terms are 7 days from date of invoice, however Dedicated servers reserves the right in its absolute discretion to require payment in advance. Although Dedicated Servers reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for any period of prepayment. Charges will be invoiced either on each yearly anniversary or monthly on the first day of each month. Part months will be charged pro rata from the date the account was established. All accounts are automatically renewed at the end of each payment period unless written closure notification is received at accounts@dedicatedservers.net.au (and such receipt is confirmed by Dedicated Servers to the account holder) at least 30 days prior to the end of any such period for servers on 12 month contracts and at least 15 days prior to the end of any such period for all other servers.
Where the account holder provided debit or credit card details and the debit is declined, Dedicated Servers may immediately suspend the account until outstanding charges are processed successfully. In addition, Dedicated Servers reserves the right to suspend any other services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account. The account holder may be charged a $25 administration fee for each declined or dishonored payment.
All invoices will be sent directly to account holders via e-mail. No bills or invoices will be sent by regular mail.
5. PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Dedicated Servers runs a limited number of payment options.
Credit / Debit Cards – Amex, Diners, Mastercard, Visa (not Visa electron, switch or solo).
Cheque Payment - This option is only available to account holders who pay annually. A credit / debit card authority is required if account holders require the facility to purchase domains and other services on-line. Dedicated Servers cannot guarantee that a service will be provided until after payments have been cleared.
6. CANCELLATION AND REFUNDS
Dedicated Servers reserves the right to cancel the services at any time if it reasonably believes the account is being misused, the Acceptable Use policy is Contravened or these terms and conditions are materially breached, in such event(s) account holders will not be entitled to any refund. Account holders on monthly contracts only may cancel their account at any time by giving Dedicated Servers written closure notification, received at accounts@dedicatedservers.net.au (and such receipt is confirmed by Dedicated Servers to the account holder). Any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
7. EXTRA CHARGES
These only apply under the following terms:
1. Late payment fee $25 per server
2. Declined or dishonored payment fee $25
3. Re-activation fee $25 per server
8. GOVERNING LAWS
The agreement between you and Dedicated Servers shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
9. SEVERABILITY
Each provision of the agreement between you and Dedicated Servers including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
10. INDEMNIFICATION
The account holder agrees that it shall defend, indemnify, save and hold Dedicated Servers harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Dedicated Servers, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Dedicated Servers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dedicated Servers' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Dedicated Servers' server and any defamatory or allegedly defamatory material on Dedicated Servers servers.
11. DISCLAIMER
Dedicated Servers will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Dedicated Servers makes no warranties of any kind, expressed or implied for services we provide. Dedicated Servers disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from server failure, downtime, delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dedicated Servers and its employees or otherwise. Dedicated Servers reserves the right to revise its policies at any time.
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