Company Terms and Conditions
Quick Goto:
In order to maintain our system integrity and resources we expect our customers to act responsible. When you use any Osmosis Digital services, in any form, you automatically agree to the following Conditions.
We reserves the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short:
Specific Acceptable Use Policies
Server abuse Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.
Unauthorised use of other people's accounts or computers We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorised use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Excess data rates. Plans are subect to data transfer limits (inbound+outbound traffic combined) extra data transfer cost of $3.5/1GB/month will be billed to your account.
Commercial advertisements with e-mail Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with the Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for no additional charge (via fantastico) that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Background Running Programs
Background processess are prohibited. We may allow allow an exemption to run certain programs in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC
We do not allow IRC or IRC bots to be operated on our servers.
Game Servers
We do not allow Game Servers to be operated on our servers.
Remote Shell
Any web host found running a remote shell, web shell interface, web script (PHP/CGI/Perl or other) that executes remote commands on the server will be immediatley terminated.
Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (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 customer from our servers; (5) a result of server downtime or website unavailability.
Domain Registration
When applying for domain registration, you are bound by the terms and conditions set by the domain Registry.
For .AU domains the registry is AuDA. Refer to http://www,.auda.org.au/policy/current-policies for a guide of their policies before signing up for a .AU domain name.
For gTLD domains please refer to ICANN at http://www.icann.org
The domain checker tool on our website is not an absolute guarantee the domain is available. It is only a guide. Final approval rests with the responsible registry.
Our domain checker tool may be inaccurate or return false results should a faults occur in the application. In this case, Osmosis Digital are not to be held responsible for any losses incurred by failure to secure your requested domain name. You should check availability with the responsible registry first.
Setup time
Once full payment has been recieved, your account will be activated on our server. If you are paying with credit card (Visa/Mastercard) your account will be setup instantly upon completion of the payment process. You will be sent an email within 1 - 2 minutes detailing how to access your new service.
PayPal payments that clear instantly (Visa/Mastercard/Balance) will also be setup instantly.
PayPal e-cheque, EFT Transer and cheques will need to clear fully in our account before your account is setup. Please allow 7 days for establishment in this instance.
Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserves the right to revise the policies at any time.
All end-users, resellers and dedicated servers of us must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
Accounts and Billing Conditions
Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (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 customer from our servers; (5) a result of server downtime or website unavailability.
Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserves the right to revise the policies at any time.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services.
Cancellation
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
If you wish to cancel any dialup or webhosting account, 7-days notice prior to the expiration of your pre-paid term must be given. If your notice is given within or after the last 7 days of your prepaid term, then you will be billed for another term as per your original signup contract. If you wish to cancel a Broadband service, 3 months notice is required, otherwise a short notice termination fee of $99 may apply.
If you are under contract in your broadband connection, you are also liable to payout any outstanding months in your contract in addition to any termination fee.
Refund Policy
All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable at all.If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged.
If you are not satisified with your service in any way, please call us on 1300887437 to discuss the problems. Any refunds will be made in the same way the payment was made (e.g. if payment by credit card originally, payment will be refunded to the same card).
| We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. |
| We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. |
| We will give you the chance to refuse any marketing email from us or from another trader in the future. |
| The type of information we will collect about you includes: |
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| We will never collect sensitive information about you without your explicit consent. |
| The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. |
| The personal information which we hold will be held securely in accordance with our internal security policy and the law. |
| We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. |
| If you have any questions/comments about privacy, you should contact us. |
Measures taken to protect account data: All information is sent between your computer and our server using encrypted SSL transmission (Secure Sockets Layer). This ensures that a third party is not able to decipher the information during transit. Credit card information is stored in an encrypted database, which can only be de-crypted by a specific staff member with the encryption key. The data is stored on a secure server. Encryption is 128-Bit. Credit card transactions are also screened using MaxMind fraud protection, this ensures that only the legitimate card holder can make the transaction. Our servers are protected by firewalls to prevent any unauthorised access to our system. Fur further information on how we protect your private data, please contact us. |