Terms of Service
Updated September 16 2008
Updated 1 February 2012 - Removed the option for Direct Debit Payments
Use of My New Website In a Box, Flower Store In a Box or enflexion Web Hosting constitutes acceptance and agreement to enflexion PTY LTD’s AUP (Acceptable Use Policy). From herewith in this TOS, AUP the usage of "us", "we", "our", "ours" shall constitute reference to enflexion PTY LTD the legal owner of the products My New Website In A Box and Sliced Bread Content Management (and associated modules and derivative works thereof), Flower Store In a Box and Intranet In A Box Products and all associated software modules and code derived from any of the aforementioned products, the usage of "you", "your", "they", "them" shall refer to client / customer of enflexion PTY LTD.
End User License Agreement
This document should be read in conjunction with the EulA for Sliced Bread CMS which also covers all modules and derivative work available at:
http://www.slicedbreadcms.com.au/docs/eula.shtml
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by us, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. We will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
What may NOT be hosted on our network:
· Warez
· IRC
· Child pornography
· Copyrighted media, includes but not limited to: Video, Music, TV, Radio
Hacking tools / material
· Anything that may harm us, the server, or anyone else (mentally, physically) .
Network Uptime is the total time in a calendar month that our network is available through the Internet, provided that Client has established connectivity. We take responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 90% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in our Network as confirmed by us. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any of our scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
Scheduled downtime.
Problems outside of our network (upstream providers, or client's inbound connection) not effecting 100% loss to our network.
Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Payments and Fees
Payment is due every month by credit card.
Declined Credit Card Payments
We will charge a $25 amount for each time your credit card is declined on a regular payment.
Overdue Accounts
We may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Please note that service may be suspended on accounts that reach 10 days past due.
Account Cancellation
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior using the web form:
http://www.mynewwebsiteinabox.com/docs/cancel.shtml
include your domain name, last name on credit card in your email.
Refunds and Disputes
All payments to us are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in our discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Receipts
Electronic Receipts are issued by our payment processor eWay as and when the payment is processed and are sent by email to your registered email address. The receipt will conform to the tax receipt requirements for the Australian Taxation Office.
Copyright and Ownership
You are purchasing a license of one (1) copy of the website template and associated code. We on your behalf will purchase you the rights to the stock images used in the template. You are licensed to display the website on one domain only. You may not mirror or otherwise distribute, disseminate or share the website template or images in any way outside the normal display of your website.
This includes such things as:
You are not allowed to sell the website to a third party without the written consent of the company.
Required Link to company
A link is required on all websites that use any of enflexion's software including:
- Sliced Bread CMS
- Flower Store In a Box
- Webin4
Unless approval has been granted in writing by an officer of enflexion. Generally the removal of a link will only be approved for an additonal of no more or equal to the cost of developing the site, application and software in a fully bespoke manner.
Acceptable Usage Policy
We are dedicated to providing an all round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. we will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact us
Illegal Usage
Our servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
The subscriber to we service agrees to indemnify and hold harmless we from any claims resulting from the use of the service that damages the subscriber or any other party.
we will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Legal Adult Content is allowed
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. we shall be the sole arbiter of what is considered to be a high server usage level.
Chat Rooms
we do not provide chat room software. You may elect for a Dedicated Server to Run a chat room efficiently
Background Running Programs
we do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC we does not allow IRC or IRC bots to be operated on our servers.
Backups
Our web hosting agents perform daily backups on all servers to ensure critical files are never lost. However we are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of we to provide this knowledge or support outside matter specific to we servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a we server or using an email address that is maintained on a we machine is STRICTLY prohibited. we will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a we server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.
Server abuse
Any attempts to undermine or cause harm to our servers or customer is strictly prohibited. Any sub-networks of we and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
Our shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for a special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Our Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Domain Names
We will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
Actions Taken by Us
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of the AUP. we reserves the right to remove any account without prior notice.
When we become aware of an alleged violation of its AUP, we will initiate an investigation. During the investigation, we may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement authorities of such violation.
We not issue credits for outages incurred through service disablement resulting from AUP violations.
We customers agree to indemnify and hold harmless we from any claims resulting from the use of our services that damages them or any other party. The we service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaim any representation or warranty that the we service will be error-free, secure or uninterrupted.
No oral advice or written information given by us, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. We and our partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
We reserve the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.
