Terms of Service
Applicability: The following terms of service apply to
Whitty Ideas, BrycesWorld Design, Whitty Ideas.com.au, and Brycesworld.com.au.
Website Work: With the Managed service Whitty Ideas offers, the customer is entitled to 15 minutes total worth of changes to their website per month which will be done in a timely manner. Any work requested that goes beyond fifteen minutes is applicable to Whitty Ideas regular service fee. Unused time is forfeited and does not carry over to the next month.
Usage of Whitty Ideas' Services
Content: All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
In addition any site selling or promoting Bulk email services is not allowed.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Irc Bots
- Mp3
We will be the sole arbiter as to what constitutes a violation of this provision.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double optin" will be treated
as spam. Any user who sends out spam will have their account terminated
without notice. Please read Whitty Ideas/mailpolicy.php
Whitty Ideas reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with this policy, at its sole discretion. Whitty Ideas also reserves the
right to make any such modifications in an emergency at our sole
discretion.
Whitty Ideas reserves the right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee. This cost of the clean up
fee is left entirely to the discretion of Whitty Ideas. All rights
reserved.
Resource Usage
Users may not initiate the following:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems;
these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully
allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons,
such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Whitty Ideas no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service.
Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.
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.
Payment
Payment Information You agree to supply appropriate payment for the services received from Whitty Ideas, in advance of the time period during which such services are provided. You agree that until and unless you notify Whitty Ideas of your desire to cancel any or all services received, those services will be billed on a recurring basis. Whitty Ideas reserves the right to change the monthly payment amount and any other charges at anytime.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion. All
clients are expected to pay their invoices promptly. Accounts that are past
due for 20 days may be subject to temporary deactivation. Accounts past due
in excess of 30 days may be cancelled. All deactivated
accounts will be charged a $15.00 reactivation fee in addition to their normal
monthly fees. Returned or cancelled checks/credit cards will result
in immediate account deactivation (not cancellation) and are subject to a
$25.00 processing fee. Cancelled accounts shall be subject to all applicable
reactivation fees as well as normal fees associated with opening an initial
account. All delinquent accounts will be submitted to
a collection agency for resolution.
Disclaimers
Backups and Data Loss Your use of the service is at your sole risk. Whitty Ideas is not responsible for files and 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 Whitty Ideas servers.
Indemnification Customer agrees that it shall defend,
indemnify, save and hold Whitty Ideas harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted against
Whitty Ideas, 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, it's agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Whitty Ideas against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Whitty Ideas server; (2)
any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement.
Confidentiality Statement
We at Whitty Ideas insure that all personal information submitted to us in
processing your order and for billing purposes, etc., including but not limited
credit card information, will be kept strictly confidential and used solely
by Whitty Ideas, its representatives and employees, for the purposes for which
it was intended, for the benefit of the subscriber. We agree not to share
or release such information to any individual, entity, or third party, without
the consent of the subscriber, except as required by law, regulation or governmental
authority. All information provided to us by the subscriber is properly stored
and handled at all times by authorized Whitty Ideas staff members only.
Disclaimer
Whitty Ideas will not be responsible for any damages your business may suffer.
Whitty Ideas makes no warranties of any kind, expressed or implied for services
we provide. Whitty Ideas disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
and any and all service interruptions caused by Whitty Ideas and its employees.
Whitty Ideas reserves the right to change or update policies without notice.
Privacy Policy
Whitty Ideas insures that all personal information being voluntarily submitted
to us in the processing of your order (to be used for record and billing purposes,
etc.), inclusive, but not limited to, credit card and other personal information,
will be kept strictly confidential and used "solely" by Whitty Ideas, its
authorized representatives and employees; for the strict purpose for which
it was intended, and for the benefit of the Subscriber. We agree not to share,
rent, sell or release this information to any individual, entity or third
party, for any reason, without the specific written consent of the Subscriber;
with exception as required by Law, Regulation or Governmental Authority. Whitty
Ideas is committed to protecting and securing all Subscriber provided information,
through the use of firewalls and additional security measures in place at
its physical facilities to protect against the loss, misuse or alteration
of such information.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.