Terms Of Service

Incorporating Acceptable Use Policy (AUP)

  1. 1) Account Setup / Email on file

    We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. For example, if your hosted account with us is example.com, your account email address must be something other than example.com.
    If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with OzEzyWeb, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. OzEzyWeb is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

  2. 2) Content

    All services provided by OzEzyWeb may only be used for lawful purposes.
    The laws of Australia, Western Australia and New South Wales apply.

    The customer agrees to indemnify and hold harmless OzEzyWeb from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

    Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
    • 2.1) Examples of unacceptable material on all Shared and Reseller servers include:

      IRC Scripts/Bots
      Proxy Scripts/Anonymizers
      Pirated Software/Warez
      Image Hosting Scripts (similar to Photobucket or Tinypic)
      AutoSurf/PTC/PTS/PPC sites
      IP Scanners
      Bruteforce Programs/Scripts/Applications
      Mail Bombers/Spam Scripts
      Banner-Ad services (commercial banner ad rotation)
      File Dump/Mirror Scripts (similar to rapidshare)
      Commercial Audio Streaming (more than one or two streams)
      Escrow/Bank Debentures
      High-Yield Interest Programs (HYIP) or Related Sites
      Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      Sale of any controlled substance without prior proof of appropriate permit(s)
      Prime Banks Programs
      Lottery Sites
      Hateful/Racist/Harassment oriented sites
      Hacker focused sites/archives/programs
      Sites promoting illegal activities
      Forums and/or websites that distribute or link to warez/pirated/illegal content
      Bank Debentures/Bank Debenture Trading Programs
      Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.net)
      Mailer Pro

      OzEzyWeb services, including all related equipment, networks and network devices are provided only for authorized customer use. OzEzyWeb systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of OzEzyWeb system(s) constitutes consent to monitoring for these purposes.

      Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. OzEzyWeb may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

      We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

      Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

      If in doubt regarding the acceptability of your site or service, please contact us at a and we will be happy to assist you.

      Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

      Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

      Violations will be reported to the appropriate law enforcement agency.

      It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regarbilling/dless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
  3. 3) Zero Tolerance Spam Policy

    We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

    Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    OzEzyWeb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    OzEzyWeb reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of OzEzyWeb.
  4. 4) Payment Information

    You agree to supply appropriate payment for the services received from OzEzyWeb, in advance of the time period during which such services are provided. You agree that until and unless you notify OzEzyWeb of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies OzEzyWeb of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

    As a client of OzEzyWeb, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify OzEzyWeb of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by OzEzyWeb. OzEzyWeb reserves the right to bill your credit card or billing information on file with us. OzEzyWeb provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid may result in account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received. If an account remains unpaid for more than 30 days your service will be terminated and all data within will be lost.

    Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@ozezyweb.com.au

    OzEzyWeb reserves the right to change the monthly payment amount and any other charges at anytime.

    OzEzyWeb will not activate new orders or activate new packages for customers who have an outstanding balance with OzEzyWeb. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by OzEzyWeb in writing
    • 4.1) Late Fees

      Late fees will only be applied to accounts that have had 3 overdue invoices consecutively. Each overdue invoice thereafter including the third overdue invoice will incur a late fee. Should accounts be paid on time for 3 billing cycles after the third overdue invoice, the overdue fees will no longer be applied . The easiest way to avoid late fees is to supply a credit card and have your payment processed automatically. At present, the late fee is $3.00 AUD.
      Although billing is an automated process, it takes time to analyse over due accounts.
  5. 5) Backups and Data Loss

    Your use of our service is at your sole risk. OzEzyWeb is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on OzEzyWeb servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by OzEzyWeb. Automated backups will not back up and service that exceeds 10GB. Should your service exceed this limit, you will be notified.
    • 5.1) Access To Backups

      While it is your responsibility to backup your own data. Regular backups are taken of all accounts. Access to this service is only for restoring your entire service. To have your account fully restored from a backup, you must purchase a 'backup restore' first. On completion of payment, the backup can be accessed within 48 hours. If you case is urgent, you may purchase a 'urgent backup restore'
  6. 6) Cancellations and Refunds

    • 6.1) Non Refundable Items

      Hosting Serviices

      Domain Names.

      Website creations. Created websites are only billed once you are happy with your creation.

      Website creation deposit.

      Dedicated IP Addresses

      Any items acquired on your behalf for website development, such as images and software

      SSL Certificates
    • 6.2) Cancelations

      Cancellations must be done in writing via the cancellation form provided in your account area. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
    • 6.3) Refunds

      OzEzyWeb offers 100% free 30 day trial so you can decide wether or not you wish to upgrade. Trial accounts are automatically removed 3 days after the trial period and can not be restored.
      Please contact us to arrange a free trial.

      All payments to OzEzyWeb are non-refundable. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by OzEzyWeb. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation

      OzEzyWeb reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

      Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

      .Customers may cancel at any time via a cancellation form in your account area. OzEzyWeb gives you an unconditional 30 day money back guarantee on hosting services solutions for any customer who paid the first invoice with a credit card or with Paypal.

      Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

      Accounts with a free domain are not eligible for the 30 day money back guarantee on the basis that the domain is yours to keep.

      See section 18 for more information.

      Violations of the Terms of Service will waive the refund policy.
  7. 7) Resource Usage

    User may not:
    a) Use 25% or more of system resources for longer then 180 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
    b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
    e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
    f) Participate in any file-sharing/peer-to-peer activities
    g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
    h) Run cron entries with intervals of less than 15 minutes.
    i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.net/include.php") use include("include.php")
    • 7.1) INODES

      The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

      Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
    • 7.2) Backup Limit

      Any shared account using more than 10 GB (gigabytes) of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
  8. 8) Bandwidth Usage

    You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
  9. 9) Uptime Guarantee

    If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of OzEzyWeb dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@ozezyweb.com.au with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
  10. 10) Price Change

    We reserve the right to alter our pricing at any time
  11. 11) Promotional Codes

    Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
  12. 12) Indemnification

    Customer agrees that it shall defend, indemnify, save and hold OzEzyWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OzEzyWeb, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OzEzyWeb against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OzEzyWeb; (2) any material supplied by customer infringing or allegebilling/dly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from OzEzyWeb's server.
  13. 13) Disclaimer

    OzEzyWeb shall not be responsible for any damages your business may suffer. OzEzyWeb makes no warranties of any kind, expressed or implied for services we provide. OzEzyWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OzEzyWeb and its employees.
  14. 14) Disclosure to law enforcement

    OzEzyWeb may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
  15. 15) Support

    All plans are offered with system support only. This means that if something is wrong at our end, we will fix it.

    OzEzyWeb is not responsible for the files you upload to your hosting account.

    OzEzyWeb does not provide support for content you add to your hosting account.

    OzEzyWeb can offer basic support via the ticket system for basic questions. Like... Email settings and passwords

    It is your responsibility to add support to your plan on initial order.

    Should you have a issue that you simply can not resolve and did not purchase support, you can purchase a one off support block
  16. 16) Website Creations

    • 16.1) Deposit

      A non refundable deposit is required before a project can begin
    • 16.2) The process

      The process of building a web site can be ling or short depending on your involvement
    • 16.3) Communication

      We may contact you to ask questions or to suggest ideas regarding to your new site

      Should you fail to respond to a question regarding your new web site within 48 hours, we will make our own assumption and commit that work as final
    • 16.4) Testing

      While we test your new web site, it is your responsibility to test also and report any issues to us immediately so they can be rectified
    • 16.5) Final Terms

      Once you make your final payment for your new site. The design process will officially end. No more alterations will be made free of charge. You must ensure that you have the site you want before committing to the final payment
    • 16.6) Support

      We will:
      rectify any faults with your new web site that were caused by us.

      provide you 3 months free support for the usage of your new site.

      We will not:

      make design alterations after the final payment has been made.

    • 16.7) Refunds

      No refunds are offered on web site creations. If you do not like the end result, do not pay the balance.
    • 16.8) Copyright

      Until final payment, the web site remains the property of OzEzyWeb. This excludes any Images or materials supplied to us by you.

      Should you not make final payment, OzEzyWeb reserves the right to sell our design to another party.
      Any materials you have supplied to us will be destroyed/deleted
  17. 17) Affiliate Program

    If offered, The OzEzyWeb affiliate program is designed to promote our business and encourage new clients to join us.
    • 17.1) Availability

      The affiliate program is only offered to existing clients with an active service
    • 17.2) How much can I earn

      For hosting products, you can earn up to 5% of the total of a referrals account for the life of that service.
      i.e. You refer Stan Smith to as and he signs up to a $5.00 a month plan, your account will be credited up to 5% of that $5.00 for as long as Stan is paying for his service.
    • 17.3) Can I withdraw the funds i earn

      At this stage, the affiliate program is experimental. Therefore, any benefits earned may only be used to credit your existing account.
      Once your affiliate balance reaches $20.00, you can contact us have us apply your earnings to your account.
    • 17.4) How does it work

      When you activate your affiliate account, you will receive a unique website link that you can share.
      When someone uses that link, a cookie will be placed on the computer of the person's computer that used the link. That cookie stays there for 1 month unless that person deletes it.
      If your referral orders and pays for a product, your affiliate account will be credited with the percentage set for that product.(after the qualifying period: see conditions below)
      Should your account not receive a credit, contact us and we will do it manually for you.(You will need to supply the new client's name)
    • 17.5) Are there any conditions

      Yes !
      Minimum Active Service Time: The new client's service must remain active for 60 days before you can receive credits for your new referral.
      Withdrawing Funds: You can not redeem your affiliate referral credits for cash.(at this stage)
      Minimum Credit Balance: You must have a minimum of $20.00 affiliate balance before you request to have the affiliates balance credited to your account balance.
    • 17.6) Getting Started

      Go to https://ozezyweb.com.au/billing/affiliates.php and click the activate button.
      In here you will find your unique link to send to your friends
  18. 18) Changes to the TOS

    OzEzyWeb reserves the right to revise its policies at any time without notice.