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| Terms & Conditions |
SERVER USE
Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads.
Hive Internet does not provide Reseller packages.
Hive Internet reserves the right to refuse service and /or access to its servers to anyone.
Hive Internet does not allow any of the following content to be stored 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. Scripts - Any Script that creates a load on the server will be removed.
3. 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 Hive Internet.
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.
BANDWIDTH
Each site has an allocated bandwidth allowance. If this is exceeded contiguously by a rate of 10% or more, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth is monitored and Hive Internet reserves the right to remove sites that exceed their bandwidth allowance without notice.
HIGH RESOURCE USER POLICY
Applicable to our Tailored Packages.
Resources are defined as bandwidth and/or processor utilization.
Hive Internet may implement the following policy to its sole discretion:
When a website is found to be excessively using the resources available, Hive Internet reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Hive Internet continues hosting the website for an additional fee.
FAIR USAGE OF UNLIMITED RESOURCES
Applicable to our Unlimited Packages.
Unlimited resource usage is bound by our HIGH RESOURCE USER POLICY and excessive usage is defined as:
Usage which is in excess of ten times the average usage by users bound to the Fair Usage of Unlimited Resources policy.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Hive Internet reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due on each yearly anniversary or monthly on the date the account was established. Customers will automatically be charged at the end of their prepay period unless written closure notification has been given to Hive Internet at 15 days in advance.
Where the account holder provided debit or credit card details and the debit is declined, Hive Internet may immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Hive Internet reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's debit or credit card will be charged automatically.
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Hive Internet runs a limited number of payment options.
Credit / Debit Cards - Accepted through PayPal services.
Cheque Payment - This option is only available to customers who pay annually for their Hive Internet account. Hive Internet cannot guarantee that a service will be provided until after any received cheques have been cleared.
30 DAY TRIAL
For customers opening their first account the initial 30 days are available on a trial basis. Customers will not be entitled to this benefit if they have previously had an account with Hive Internet unless the period of absence has been greater than one year. New customers will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span. Refunds for domain names cannot be given. Once a domain is purchased it must be paid for even if the package is cancelled within the 30 day period.
CANCELLATION AND REFUNDS
Hive Internet reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes these terms of service, a no refunds of any kind will be given.
Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees. Any incentives offered to customers when opening the account will also be cancelled. Customers 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.
GOVERNING LAWS
This agreement 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.
SEVERABILITY
Each provision of this agreement including these terms of service is 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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
INDEMNIFICATION
The Customer agrees that it shall defend, indemnify, save and hold Hive Internet 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 Hive Internet, its agents, its customers, 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 customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Hive Internet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hive Internet' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from Hive Internet' server and any defamatory or allegedly defamatory material on Hive Internet servers.
DISCLAIMER
Hive Internet will not be responsible for any damage, loss or liability the customer or any third party may suffer. Hive Internet makes no warranties of any kind, expressed or implied for services we provide. Hive Internet disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hive Internet and its employees or otherwise. Hive Internet reserves the right to revise its policies at any time.