Terms and Conditions

Webarama Clients

Terms and Conditions

By using Webarama web hosting services, you agree to comply with our Acceptable Use Policy.

You are expected to have access to a computer which is connected to the Internet to use our services and we expect you to possess a basic knowledge of the Internet and computer function.

The spirit of this policy is to guide you to use our services with due regard to the rights of other Internet users and in conformity with our network environment.

If however you do require any assistance, please do not hesitate to contact us.

Definitions

Provider: eStation Australia Pty Ltd T/a Webarama

User/Client: In the instance where company name/association name is provided at first User sign up, the User will be the Company/Association.In the instance where no company/association name is provided at first User sign up, the User will be the deemed to be the individual listed on the contact details.

Package: Domain registration, re-registation, hosting plan


Disclaimer

The Client is the person or entity who is applying or who is receiving Web Hosting Services from Webarama.

The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. Webarama gives no warranty, express or implied, for the Web Hosting Services provided this no warranty expressly includes any reimbursement for losses of income due to disruption of services by Webarama or its providers beyond the fees paid by client to Webarama for services.

Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.

Use of any information obtained by way of Webarama is at Client's own risk, and Webarama holds no liability for such use.

Webarama is not responsible for any damages arising from Client's use of Webarama or by Client's inability to use the Web Hosting services for any reason.

While Webarama shall make every reasonable effort to protect data stored on Client's Server(s), Webarama is not responsible for Client's Data, files, or directories residing on Webarama's equipment. Client is solely responsible for maintaining data, file, and directory structure backups.

The customer is required to provide Webarama with correct and up to date contact details for billing and technical notification purposes. Webarama takes no responsibility for disruption to services due to inability to contact the customer.


Ownership of Packages

When a User creates a Package, the User is responsible for all Packages and costs that are incurred under that User.

Suspension of User Account

* Outstanding invoices/ debts relating to any Package under a User account can result in all Packages been suspended, without notice.
* If a User is suspended for not keeping contact details up to date and are subsequently reactivated there can be a $10 Plus GST fee incurred.
* If a User is suspended any previous deals/special offers can be withdrawn. The User will be required to move to the closest appropriate Package that is available at that point in time if they are reactivated.

Change of User Contact Name Details

In the case where a User is deemed to be a company, the User contact name details can only be changed upon the provision of a received fax to the fax number provided by us the Provider. A User headed fax must outline the old contact details, their password as security and the new contact details, subject to the following rules:

Rules for changing User contact details:

1. The User must agree to maintain all Packages in the User account
2. If User does not agree to maintain all Packages, the Packages that are not agreed will be removed subject to 1.1. All other Packages will be moved to a different User account, subject to the terms in “Transfer of Packages between Users”.
3. If User wants to change company name, a Change of Company name registration form from ASIC must be sent.

Users that are deemed to be individuals must follow terms in “Transfer of Packages between Users”

Transfer of Packages between Users

In the case where the User is deemed to be an individual and the User wants to transfer responsibility of maintaining a Package, the User has to notify us
A new User will have to sign up a new Package agreement detailing that the Package already exists under a different User. No credit will be given.

If a Package has outstanding debts and is signed up by a new User, any outstanding debts relating to the Package have to be paid first, a transfer fee of $90 plus GST can be incurred for transferring the data relating to the new Package.

Illegal Usage

Webarama 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 Client agrees to indemnify and hold harmless Webarama from any claims resulting from the use of the service that damages the Client or any other party.

Webarama will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse


Any attempts to undermine or cause harm to a Webarama server or Client of Webarama is strictly prohibited.

Any sub-networks of Webarama 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.

Adult Content

Webarama does not allow adult oriented sites including pornography, sex-related merchandising, and hate sites. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

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 (which depends on the resource needed) or reducing the resource used to an acceptable level. Webarama shall be the sole arbiter of what is considered to be a high server usage level.

Any site which has a negative impact on the server may be suspended without notice.

CGI Scripts

Cgi script sharing with domains not hosted by Webarama is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. Matt's FormMail script is not allowed on our servers.

Chat Rooms

Webarama does not allow clients to install their own chat rooms. Chat rooms tend to use an unusually large amount of system resources and we cannot permit it as an account option.

Background Running Programs and Cron Jobs

Webarama may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact our support department before doing so.

IRC

Webarama does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a Webarama server or using an email address that is maintained on a Webarama machine or advertising a site hosted on a Webarama machine is STRICTLY prohibited. Webarama 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 Webarama server as a maildrop for responses, you are in breach of this provision. Any user who breaches this clause will face immediate account suspension and any account balance outstanding shall become immediately due and payable. The user also indemnifies Webarama for any liability, loss or expense incurred by Webarama as a result of the users breach of this condition and it agrees to attend to immediate payment of any costs incurred by Webarama as a result of the same.

If you are in any doubt you should contact us prior to sending any mail. Refunds will NOT be issued for suspended or deleted accounts

Software Distribution

Webarama's web hosting accounts are not to be used for the purposes of distributing software and multimedia products, including bulk MP3's. If you wish to distribute software and/or multimedia files, please contact for special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Webarama 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. An exception to this rule will be granted for uncompressed (non-Zipped) *.swf files (Macromedia Flash™) that are used in a responsible manner. This format can be efficiently used to build entire websites, thereby replacing a large protion of the HTML normally necessary.

Database

Any database stored on Webarama servers shall be limited in size to 20% of the total disk space allotted for a particular domain.

Billing

Payment is via bank card, master card, visa and Amex credit cards only. You will receive email notification 14 days prior to your hosting term expiring. At that time you can choose to cancel or continue. We will automatically bill your credit card for the identical account type and period as was previously ordered if account is not cancelled within that 14 day period.

Billing for Australian based hosting - billing is performed monthly or annually, depending on the package chosen. All Australian based hosting accounts will be billed for incoming data transfer monthly.

Dedicated Servers are subject to a 30 day cancellation policy. A written request must be submitted to our accounts department 30 days prior to server being cancelled.

Access

The control panel requires access to port 8443 through your Internet provider. Most ISP's allow access to this port by default, however if you are unsure you should check with your ISP prior to opening an account with Webarama. Clients on newtorks behind a firewall may need access to the config to allow access to port 8443. Webarama does not accept any responsibility for your ability to access port 8443.

Refunds

We offer a 30 day money back guarantee. If you are not 100% satisfied within the first 30 days of hosting with us please contact our accounts department for a complete refund. NB: This offer applies to web hosting only, domain names and security certificates are not included in this offer. Hosting accounts cancelled after this period will not be refunded.

Actions Taken by Webarama

When Webarama becomes aware of an alleged violation of its Usage Policy, Webarama will initiate an investigation. During the investigation Webarama may restrict Clients access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Webarama may, at its sole discretion, restrict, suspend, or terminate Clients account and/or pursue other civil remedies. If such violation is a criminal offence, Webarama will notify the appropriate law enforcement department of such violation.

Webarama does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Modification

Webarama reserves the right to add, delete, or modify any provision of this Usage Policy at any time without notice.

Agreement and Acceptance

In order to maintain a high quality of service all sites and web hosting plans are subject to the terms and conditions of the Webarama Acceptable Use Policy. Sites can be cancelled without refund and Clients and/or their agents may be subject to legal prosecution if found in violation. Placing an order and subsequent submission to a server of web site data, including files, images and text are proof of the Client's agreement and acceptance of the terms and conditions of the Acceptable Use Policy. Clients agree they have read and understood the terms and conditions of the Acceptable Use Policy before ordering any plan.

Contact Us
Freecall - 1800 24 24 25
Phone - 03 9725 6300
Fax - 03 9725 6388
Contact Form

my.webarama

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