Web and Email Hosting Terms and Conditions of service
If you have a seperate agreement in place with BITS relating to ongoing technical support, hardware or infrastructure supply then you should be aware that those services provided by us retain their own terms and conditions. These terms and conditions relate exlusively to our web and email hosting services.
Last Updated: 13/06/2019
- The use of the words ‘clients’ and ‘customers’ are used interchangeably below and mean the same thing.
- Any reference to ‘BITS’ refers to ‘BITS Pty Ltd’.
- ‘Termination’ and ‘cancellation’ refer to the same thing.
- Suspension of an account differs from full cancellation in that while all services paid for are disabled to prevent continued use, your files on the server are not deleted.
- "Agreement" means this End User License Agreement.
- "The service" means any system, product or service provided by BITS, unless the reference is to a Third Party Service.
- Any reference to "yourself" or "you" means the account holder, person, persons, legal entity or agents acting on behalf thereof that are accepting this agreement.
- "Your account" means the registered BITS account belonging to the account holder, person, persons, legal entity or agents acting on behalf thereof that are accepting this agreement.
Accepting these Terms
These terms and conditions represent the default and generic terms of service that govern many of the services we provide. If the service being provided presents or is provided with an alternative license agreement or terms of service then that agreement overrides this one in all respects and you should stop reading and instead refer to that in its enitrity.
If you access or use our products or services, it means you agree to be bound by all of the terms below. It is important that you read all of the terms prior to using any of our services or products. If a term does not make sense to you, please .
Changes to the Terms of Service
BITS Pty Ltd reserves the right to revise its policies and terms of service at any time without notice. This may be due, but not limited to, changes to laws, products and features we offer or other mitigating circumstances that require a change to the way we operate.
This license agreement terms and conditions attempts to balance your rights (as a consumer) while limiting the scope of liability upon the operator (BITS Pty Ltd) that may arise from intentional or unintentional missuse of the provided service and services. As a small operator this is essential for both allowing us to operate and to provide these services at the price we do.
It attempts to do this by outlining what you can reasonably expect to receive as part of the service, our behaviour as a supplier and our expectations upon you as a subsriber to the service.
Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check this document or the product or service you are using for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
BITS provides ongoing services to clients/customers who pay for them. Examples of these services are (but not limited to):
- - Web hosting
- - Email hosting
BITS provides these services in the role of a reseller for our data and hosting supplier. In affect all the terms & conditions stipulated by our supplier are immediately and directly transferrable to our own customers who utilise said services.
Upon request we perform the initial creation of the server account for a new customer or client. This involves the technical setup work necessary for our server to host your data files and perform the tasks required.
At our own discretion we may offer to migrate your existing web site data to our servers for free or at a cost depending on the work involved. In all other cases you are responsible for the supply of the data in which you wish us to host.
Domain Name Transfers
Unless it is otherwise agreed, it is your responsibility to organise the transfer and delegation of your domain name to our servers.
Limitations and Intent of the Service
Our services are not intended for critical emergency systems. That is, while we strive for high reliability our systems are not designed for situations that may govern direct threats to individual safety or lives.
Use and Misuse
- The services provided by BITS may only be used for lawful purposes. As a customer you agree to indemnify and hold harmless BITS Pty Ltd from any claims from the use or misuse of our services.
- You also agree to use the service strictly for the purpose it was intended. You may not at any time attempt to gain unauthorised access to any other account or misuse or 'trick' the system into revealing any information outside of your own account. This includes any behaviour or actions that will or might compromise the service or the servers it runs upon.
- 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. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required.
Hosting and related services provided by BITS may only be used for lawful purposes. As a customer you agree to indemnify and hold harmless BITS from any claims from the use or misuse 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. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required.
Examples of unacceptable material on all accounts include:
RC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Accounts found to be infringing these conditions will be terminated without refund.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to an email concerning abuse within 48 hours may result in the suspension or termination of your services.
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 terminated immediately without notice or refund. Violations may be reported to the appropriate law enforcement agency. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Unless we have been requested to and have undertaken the work on your behalf, It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. Any script or executable program found to be adversely affecting server performance or excessively using bandwidth may be disabled with or without notice to the account holder.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.
"Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
We may also draw issue with sites hosted on our servers that are advertised via SPAM (Spamvertised) 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.
BITS 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. We also reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of this clean up fee is entirely at the discretion of BITS.
Your Content & Conduct
Maintaining your Account
- When you create an account, or request that we open one for you, or use another service to log in to the service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
- You also accept full liability and reponsibility for all personel and authorised agents who have access to your account and information they are allowed to enter or modify.
- If you discover or suspect any service security breaches, please let us know as soon as possible.
- Unless we have been requested to and have undertaken the work on your behalf, it is your responsibility to ensure the integridy of your data. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password.
Backups and Data Loss
Full backups are made daily and a copy of your website data is synced offsite nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. They are made for server restoration purposes only. It is the customers’ responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of BITS, BITS will attempt to recover the data without charge to the customer. If data loss occurs due to the negligence of a customer in securing their account, by an action of the customer or an action by a person or persons acting on behalf of a customer, BITS will attempt to recover the data from the most recent archive for a fee that will be assessed and indicated at the time of incident.
You agree to supply appropriate payment for the services received from BITS, in advance of the time period during which such services are provided. You agree that until and unless you notify BITS of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of BITS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. BITS provides a 7 day grace period from the time the invoice is due and when it must be paid. Unless alternative payment schedules have been agreed upon between yourself and BITS the time frame indicated on the invoice is the limit upon which payment is due.
We do our best to give our clients enough leeway to pay their bills and establish a payment cycle that best suits both parties. If we believe there is a discrepancy between the invoices issued to you and the payments received we will make all reasonable efforts to get in contact with you and resolve it.
If we believe all communications with you have not resolved the situation and we are beyond reasonable doubt that you are unwilling or unable to pay for your usage to date your account will be suspended until further notice.
Any service you have utilized and are invoiced for are separate from any other products or services you may purchase or receive an invoice for now or in the future. As a client you unconditionally agree that you will never intentionally withhold, partially or fully, payment for a service as leverage for any other agenda.
In addition to regular ongoing charges you may be issued an invoice for additional bandwidth usage at the start of the following month if your account is found to have exceeded it’s monthly quota.
Adjustments to Prices
From time to time prices and associated costs for various services will go up. When this happens we will make all reasonable efforts to notify affected customers (no one likes surprises) but BITS reserves the right to make such adjustments without notice.
Cancellation and Refunds
For customers properly abiding by these terms and conditions BITS reserves the right to cancel your account at any time with reasonable written notice, except in extreme or other circumstances out of our control that may require the suspention or termination without prior written notice. Examples of such circumstances may be, but are not limited to:
- Requests from law enforcement or other registered authorities.
- Any circumstance that has dictated that we suspend the service as a whole (either temporarily or permanently with immediate enforcement).
- Abusive or threatening communications in any medium or format to agents of BITS or its suppliers.
Customers found to be in breach of these terms and conditions may also have their accounts suspended or terminated without prior or further notice. Please note: Being unable or unwilling to pay the required fees for the service constitutes a breach of these terms and conditions.
Customers may cancel at any time with notification by email or phone. Once we receive your cancellation and have confirmed all necessary information your account will be cancelled. If you do not hear back from us via email or phone, please contact us. If we have provided a facility in the service for you to cancel your account, please read all information provided (including any additional terms and conditions) carefully.
Upon cancellation BITS reserves the right to decide an amount, if any, is refundable to you. This will be calculated based on the service usage within the time frame the service is being billed for. Our services are billed on a monthly basis for the month ahead so refunds are generally not applicable.
When an account is cancelled all accounts and associated files for you (emails, web site files, databases) are deleted from the server. Our rotating backups may hold a copy of your account for a short while longer but you should make sure you have a copy of everything you may need from your account before going through with the cancellation.
If you wish to re-activate your account at a later period you may do so by contacting us via email or phone.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be issued an invoice for additional usage at the start of the following month. You should note that your bandwidth usage encompasses both ingoing and outgoing traffic from our server under your account. Excess usage is charged in 1GB blocks rounded up to the nearest GB.
We do our best to work with our clients to alert them to when they are in danger of going over and how rapidly they are using their quota. We may at our discretion even offer advise on how to control and bring your usage down but ultimately you are responsible for what you use.
We have a reaonsable understanding of the times our customers operate within and in general the service remains online 24 hours per day (with exceptions, see below). This extends only to the reliability of the server and the software running on it. Although we have done our best to make sure the service is housed in a secure data centre with multiple redundancies and procedures in place we make no guarantees on their behalf and cannot be held responsible for outages caused by them or other associated third parties.
Software and Service Updates
From time to time we will need to make updates to the software which may involve temporarily taking one or more of our servers offline. The times in which this is likely to occur will be during evening hours but there may be some instances where emergency updates are required at any point in the day. While we do our best to notify all customers and users there may be times dictating that such updates happen without notice.
The services we provided are largely cloud-based, which means you must have a reliable internet connection to be able to access it. You accept full responsibility for maintaining your own internet connection and ensuring your business can reliably access the world wide web. BITS cannot be held liable for any internet outages occuring from your own premises or associated internet providers. Likewise we cannot be held liable for any software running directly on your device, from within your local area network within your premisis (or locations from which you are operating), or that is running from your internet provider that may inhibit or restrict your ability to acccess the service.
In the event of internet outages we recommend you either have an alternative access method to the intenernet on standby or have alernative/emergency proceedures for gaining access when it is necessary.
BITS operates within the hours of 9am to 5pm on weekdays (Australia/Melbourne EST) and will endeavour to provide you with timely support to the best of our ability within these hours.
The level of the support we can provide is limited in capacity. We will do our best to satisfy any requests you make. We may decline to process requests that are unreasonably repetitive, require disproportionate technical support, jeopardize the privacy of others or are highly impractical to undertake.
If we deem the nature of any request to be outside of the scope of what we consider to be standard support we reserve the right to quote and charge additional fees before undertaking the request.
Distribution of Ownership
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you upload to our services are either owned by yourself, or that you have permission to use them.
We make no claims of ownership over any data you upload or input into the service.
We retain the ownership to all of the documents and computer programs that we have brought into existence or that have been produced/generated by the service and we license them to you for use under this agreement. This does not include documents and computer programs or services prepared and provided by third parties.
We put a lot of effort into creating our products and services including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by BITS Pty Ltd and is protected by local and international copyright laws. We grant you the right to use it within the bounds stipulated in this license agreement.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. This extends to any staff, agents or personel accessing your account.
Hyperlinks and Third Party Content
You may create a hyperlink to our services. This includes links and references on social media platforms. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
BITS Pty Ltd makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from our services or systems or websites linking to our services. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
Defects, Errors and Liability
While we take pride in the services and products we provide and take reasonable steps to ensure they are reliable we cannot guarantee that they will be fault or error free at any time so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the provided service or product, even if you have advised us of the possibilities of such damages.
If there is any content on our services from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
As a customer you agree that you shall defend, indemnify, save and hold BITS IT Pty Ltd and its suppliers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BITS IT Pty Ltd, its agents, its suppliers, 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 BITS IT Pty Ltd and its suppliers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BITS IT Pty Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BITS IT Pty Ltd’s server or the servers owned by its suppliers.
BITS IT Pty Ltd or its suppliers shall not be responsible for any damages your business may suffer. BITS IT Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. BITS IT Pty Ltd 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 BITS IT Pty Ltd, its employees, its agents or its suppliers.
Jurisdiction and governing law
Our Terms of Engagement and other services that we provide to you and the performance of our services for you are governed by and you agree to be bound by the laws of Victoria, Australia. Both you and we irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
If you breach any terms in this license agreement, we have the right to suspend or disable your access to or use of the services in question.
Disclosure to law enforcement
BITS 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.
These Terms constitute the entire agreement between you and BITS Pty Ltd regarding the use of our services, superseding any prior version of this agreement between you and BITS Pty Ltd relating to your use of our services, excepting any case in which seperate terms of service are provided with the specific service being payed for by yourself. If the service being provided offers its own seperate agreement or terms of service then these terms of service do not supersede or invalidate those agreements. Those license agreements will be updated as needed and you should refer to them as and when nessesary.
If you have any questions or concerns arising out of these terms of service please contact us