This web hosting agreement establishes the terms and conditions between Jay Tyndall Holdings Pty Ltd (herein known as Stealth Internet) and you (herein known as the CLIENT) for the provision of web site hosting and/or domain registration and hosting.
These conditions and future modifications are accepted by the CLIENT upon sign up, log in, payment and ongoing use of our services.
1. CLIENT RESPONSIBILITIES.
CLIENT will use the services of Stealth Internet in accordance with all applicable local, state and federal regulations and laws. The CLIENT will agree on behalf of itself and its employees.
Except as otherwise stated, CLIENT and its users will maintain all passwords and login information as strictly confidential and the secure storage of those passwords and login information. For security purposes, Stealth Internet recommends that the CLIENT regularly changes all account passwords. At no time should the CLIENT respond to an online request for any password.
2. ALTERATION / REVISION OF AGREEMENT
Stealth Internet may revise the terms of this agreement at any time and such revision shall be effective ten (10) days after notice of the proposed revision is provided to the CLIENT. If any revision is unacceptable to the CLIENT they will be able to terminate this hosting agreement and cancel the hosting services provided thirty (30) days written notice is provided. All outstanding money owed on the hosting service is to be paid before the final day of hosting service.
CLIENT's continued use of the service after the effective date of the agreement revision shall be deemed as acceptance of the agreement revision.
3. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
Stealth Internet's service is provided on an "as is, as available" basis. Stealth Internet gives no warranty, expressed or implied, for the services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. Any damages incurred by CLIENT due to disruption of service by Stealth Internet or its providers shall be expressly limited to the fees paid by CLIENT to Stealth Internet for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.
IN NO EVENT SHALL Stealth Internet BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Stealth Internet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Stealth Internet's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by CLIENT for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
CLIENT and its users recognise that Stealth Internet does not offer any rating systems, filtering software or procedures to help CLIENT screen out language or images in email that CLIENT or its Users do not wish to receive through the Services. Stealth Internet exercises no controls whatsoever over the content of information passing through its network or equipment. Disputes may arise between CLIENT or its Users and other individuals or entities or between CLIENT and Stealth Internet related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. CLIENT and its Users agree that all claims, disputes or wrongdoing that result from, or which are related in any way to, the content of information passing through Stealth Internet network or equipment are CLIENT's sole and exclusive responsibility. Use of the Internet and of the information available through it is at CLIENT's own risk.
CLIENT agrees that it shall defend, indemnify, save and hold Stealth Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Stealth Internet, 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 CLIENT, it's agents, employees or assigns. CLIENT agrees to defend, indemnify and hold Stealth Internet harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with an Stealth Internet server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
5. UP-TIME GUARANTEE
No provider can guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that CLIENT's website will run and perform optimally. However, Stealth Internet strives to keep such service interruptions to a minimum, and, if possible, to give CLIENT advance notice of scheduled maintenance routines. Stealth Internet aims for a 99.9% uptime, which can be tracked at http://status.stealth.net.au. In the event of uptime dropping below 98% in any given month, the CLIENT can make a claim for a refund of that month's ealtss fee (or pro-rata if paid yearly).
Stealth Internet uses only top quality servers and services provided by a number of service providers. Of course, there will be times that CLIENT will not be able to reach the server due to traffic conditions on the internet, problems occurring at Stealth Internet upstream providers facilities, or due to hardware or software component failure. Both of these conditions are entirely out of Stealth Internet's control however Stealth Internet will endeavor to rectify the issue as soon as possible to the best of our abilities.
6. PROHIBITED USES
The following content and activities may not be stored, hosted, displayed or promoted by CLIENT nor associated in any way with CLIENT's account or Stealth Internet's services. Stealth Internet shall be the sole arbiter as to what constitutes violation of this provision.
- Copyrighted material used without permission.
- Material protected by trade secret or other statute.
- Material or activities judged by Stealth Internet to be threatening, obscene, disparaging, or hate-related.
- Content or conduct that makes possible or promotes any illegal or prohibited activity. Content that may be damaging to Stealth Internet servers or to any other server on the Internet.
- Pirated software.
- Pornographic images.
- Unsolicited or bulk e-mail (Spam) or e-mail harvesting software or services.
- Links or reference to any of the above.
7. WEB HOSTING SERVICES
- Site Access: Stealth Internet will provide to CLIENT a secure connection method such as but not limited to SFTP to enable the CLIENT to access their site files, database, configuration files and log files.
- Domain Name: If requested by CLIENT, Stealth Internet shall at its expense cooperate with registering the domain name with a domain registrar. CLIENT will own all right, title and interest in the domain name and its intellectual property related. Unless otherwise stated, Stealth Internet will be listed as the administrative, technical and billing contact. All costs associated with this purchase will be invoiced to the CLIENT.
- Site Backup: Stealth Internet shall maintain a backup image of the entire server only. The CLIENT shall maintain their own backup of all relevant web site files, databases and configuration files as these are not specifically backed up by Stealth Internet. In the event that the web site content and database is required to be restored from Stealth Internet server image backup then all costs associated with this restore will be charged to the CLIENT. A cost will be provided to the CLIENT and must be agreed to in writing before the restore work commences.
8. LAW ENFORCEMENT CO-OPERATION
The CLIENT agrees Stealth Internet may provide evidence of any illegal activity, and/or provide any information requested to a law enforcement agency with or without warrant. This information can include but is not limited to: account holder registration details, email addresses, IP addresses, log files and other activities.
Stealth Internet is a trading name of Jay Tyndall Holdings Pty Ltd ACN 001 128 847, Incorporated in New South Wales (NSW), Australia. This agreement will be bound by the exclusive jurisdiction of the courts in NSW.
10. COMPLIMENTS AND COMPLAINTS
Stealth Internet welcomes compliments, and complaints. Please address any issues to the CEO by email ceo(at)stealth.net.au or in writing to The CEO, Stealth Internet, PO Box 445 Officer VIC 3809