This Agreement governs the supply of services provided by ParsonsHosting (herein referred to as “us”, “we” or “our”), and in part by our Third-party Suppliers.
By applying for or using a Service we provide, you indicate your acceptance of all terms and conditions outlined under this Agreement.
1. Account Setup
Our services are only made available to individuals who can form legally binding contracts. Without limiting the following, our services are not available to suspended or ineligible customers. This includes 3rd parties who make use of a suspended customer's website or the services contained therein. Persons under the age of 18 require parent or guardian supervision, or some other agent who is at least 18 years authorized to represent you. You warrant that all actions that you make are done so in good faith and that you have no knowledge of your actions infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. If you do not qualify, please do not use our services.
1.2 Self Service
We are not responsible for maintaining or authoring your website unless we are specifically hired to do so. Otherwise, once your account has been set up, it is entirely your responsibility to create your site. Should you require assistance, please contact us at [email protected]
1.3 Primary Account Holder
Only the authorized person listed on the account entered at sign-up will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with login credentials which are required to access the Client Area for any billing and technical requirements. It is at the primary account holder’s risk if you share your username and password with any other person(s) from within or externally to your organization and we will not be held liable for any breeches of your account or any service(s) due to the username and password being distributed by the primary account holder. We may also verify your identity by asking security questions. The client agrees to provide this information before assistance can be provided to them.
1.4 Change of Account Ownership
To facilitate the change of Account ownership of an Account, the primary account holder needs to either log into their account and update their details, or scan and email to ParsonsHosting a signed letter which includes their full name, email address, full address on Company Letterhead, requesting the change of primary account holder and company. Changing the Primary Account Holder on an account does not include updating the legal registrant information for a .au domain name.
If the primary account holder cannot be contacted: - A corporation or business should send a request on their company letterhead, from either the CEO or Managing Director scanned and emailed to ParsonsHosting.
2.1 Service and Product payments
2.1.1 Your annual access is billed in advance and all charges invoices by us are payable within 7 days, unless we agree otherwise.
2.1.2 You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.
2.1.3 Your product(s) and/or service(s) will not be created/provisioned or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.
2.2 Administration Charges If payment is not received by the invoice due date, we reserve the right to suspend your account. You agree that re-activation/administration fees may apply given the circumstances.
2.3.1 We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure.
2.3.2 If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it.
2.3.3 ParsonsHosting does not offer free support resources for suspended services.
2.3.4 ParsonsHosting shall continue to invoice a suspended service as normal notwithstanding that you may not be able to access any products or services.
2.3.5 If your account remains unpaid for 30 days your information may be passed onto a collections agency for debt recovery.
2.3.6 We reserve the right to suspend your account and/or service(s) at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where ParsonsHosting has been given misleading or false information regarding the type of web site to be hosted.
3.1 Product and Service Cancellation by ParsonsHosting
3.1.1 ParsonsHosting reserves the right to cancel your account and/or service(s) at any time. Without limiting the following, we will cancel your account and/or product and services at our discretion to:
- Protect the stability of our services - Comply with applicable laws, government rules or requests of law enforcement - Comply with our upstream service providers - Avoid liability, civil or criminal, on the part of ParsonsHosting, as well as its affiliates, subsidiaries, officers, directors and employees
3.1.2 ParsonsHosting also has the right to cancel your account if we find that you have been engaging in:
- Deceptive, improper or misleading conduct - Providing false information - Extortion - Harassment, abuse or swearing - Unlawful activities - Conduct that breaches this agreement
3.2 Requesting a cancellation:
If you wish to terminate your account with ParsonsHosting, you must do so by requesting a cancellation via the Client Portal or by email request to [email protected] and comply with all details outlined in these terms and conditions.
3.2.1 If you have cancelled your service with ParsonsHosting and would like to reactivate your service, you will need to place a new order.
3.3 Refunds and Returns:
Excluding exceptional circumstances, no refunds or returns will be issued. If ParsonsHosting is proven to be at fault, refunds or returns will be considered but cannot be guaranteed.
4. Server Integrity
4.1 Spam or Leeching
4.1.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. We reserve 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 our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.
4.1.2 We reserve the right to charge the customer 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 us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
4.2 Publisher and Author of Website(s)
4.2.1 ParsonsHosting is not necessarily the publisher or author of any web site you host or create. If you are the publisher, author, or reseller, it is your responsibility to ensure your website(s) do not breach our terms and conditions or interfere with the server functions for other users. If your site, content or actions interferes with server functionality, causes network connectivity issues or attracts any form of distributed denial of service attacks (collectively, a 'service interruption event') whether on purpose or otherwise, then ParsonsHosting reserves the right to charge you for cleanup fees, loss of revenue, and other direct expenses caused by the service interruption event as applicable. ParsonsHosting reserves this right irrespective of whether you have explicit knowledge of the service interruption event or not. It remains entirely your responsibility to not host content that may have the potential to cause service interruption events.
4.2.2 Unless specifically hired as such, ParsonsHosting is not the web site publisher and is not responsible for, and does not endorse, the content hosted by or activities performed by you whilst using our services or by any sites you host.
4.2.4 From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Charges may be applicable depending on the circumstances however we will notify the customer in advance.
4.3 Improper Content
4.3.1 All products and services provided by ParsonsHosting may only be used for lawful purposes. The customer agrees not to host materials or engage in activities as set out below. We reserve the right to refuse service based on these conditions.
4.3.2 ParsonsHosting does not endorse any web site content hosted on our network and the content remains the property of the web site owner.
4.3.3 You must not engage in any of the following activities:
- Defame embarrass, harm, abuse threaten, slander or harass third parties - Use any IRC bots - Use any proxy servers or other servers - Hack sites or run malicious scripts - Post pornographic material - Post material which encourages unlawful behavior by others, such as hate crimes or terrorism - Run any sort of hate/extremist sites - Engage in spamming - Breach copyright, trademarks, service-marks or patents. This includes the posting of Warez or pirated software on your service, or linking to such material even where such material is not controlled by ParsonsHosting. - Engage in actions which are prohibited by the laws of Australia, and/or foreign territories in which you conduct businesses - Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party
4.3.4 This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.
4.3.5 If your web site is suspended and/or hosts any of the unacceptable material as set out above, we reserve the right to charge a clean-up fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of AU$55.00 per hour (minimum 1 hour).
4.3.6 It will remain your responsibility to resolve the issues after we inform you of the breach.
4.3.7 Our cPanel web hosting services may not be used to store any data which is not directly related to and accessible through the website itself.
4.4.1 ParsonsHosting offers free support and extended support which may incur a fee nominated by ParsonsHosting.
4.4.2 If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.
4.4.3 If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.
4.4.4 We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.
4.5 Backups and Data Loss
4.5.1 Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain an appropriate offsite backup of files and data stored on our your account.
4.5.2 We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.
4.5.3 We offer daily backups. Backups consist of website files, databases and email accounts. ParsonsHosting will make an attempt in good-faith to store at least one daily backup of the customer's data at all times, subject to the following exclusions and limitations:
- Use of this service is entirely at the customer's risk. The service does not in any way diminish, extinguish or modify any of our rights under clauses 5.2: Indemnification; 5.3: Disclaimer; and 5.4: Limitation of Liability. - Hardware, network or software failure may limit, block or frustrate our ability to store or retrieve past, current and future backups, either temporarily or permanently. - The solution is suitable for static web-pages; active, open or frequently changing files (such as databases) may not copy successfully, or may be corrupted beyond recovery upon their retrieval. - The solution is not a replacement for your own backup plan, nor does it represent an adequate disaster recovery strategy. As a condition of use the customer must still maintain their own local complete copy at all times. - ParsonsHosting will make attempts in good-faith to restore a copy as close to the date as requested by the customer as possible. However, the date and age of data cannot be guaranteed. - We reserve the right to age out and cleanse data as frequently as required
4.5.4 Our cPanel web hosting services may not be used for the storage of backup archives, any backup files older than 7 days will be removed from the server. It is your responsibility to move these backups to an offsite location.
4.6 Bandwidth Usage/Disk Space
4.7.1 It is your responsibility to upgrade your account and monitor your account usage.
4.7.2 We offer unmetered bandwidth allocations to all of our web hosting plans however it is important that all eligible ParsonsHosting customers are able to access our services. If we feel that your use of our services is negatively affecting our network and the use of our services by other customers we reserve the right to suspend your account. We will attempt to contact you provided there is an opportunity to do so.
4.7.3 Disk usage over a packages usage allowance will incur a fee of $0.03/MB and will payable on the following months invoice. Items that will count towards your disk space usage:
-Website files & databases -Emails stored on the server -Log files -Website backups If you are frequently going over your data allowance we recommend looking at upgrading your web hosting plan or speaking to us regarding a solution.
5.1 Price Change
We reserve the right to change prices listed on ParsonsHosting's website and existing products and services without prior notification.
5.2.1 The customer agrees 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, 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, its agents, employees or assigns. The customer furthermore 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 ParsonsHosting; (2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) any breach of any representation or warranty provided herein (4) any negligence or willful misconduct by you (5) any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets (6) any defective products sold to customers from ParsonsHosting's server.
5.2.2 By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
5.2.3 This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.
5.2.4 Should ParsonsHosting be notified of a pending law suit, or receive notice of the filing of a law suit, ParsonsHosting may seek a written confirmation from you concerning your obligation to indemnify ParsonsHosting. Your failure to provide such a confirmation may be considered a breach of this agreement.
5.3.1 ParsonsHosting will not be responsible for any damages your business may suffer.
5.3.2 We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by ParsonsHosting and its employees.
5.5.3 Continuity of our services is dependent on a wide range of factors, many of which are beyond our control. Your access to our services may be interrupted by a variety of factors, including but not limited to: Third-party Supplier network congestion, equipment failure, scheduled maintenance and peak demand.
5.3.4 Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.
5.4 Limitation of Liability
5.4.1 In no event shall ParsonsHosting be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement of its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if ParsonsHosting has been advised of the possibility of such damages.
5.4.2 Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, ParsonsHosting's liability is limited to the full extent permitted by law. You agree that in no event shall ParsonsHosting's maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from ParsonsHosting.
5.5 Force Majeure
5.5.1 A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.
5.5.2 Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.
5.5.3 If after a period of six months, the force majeure has not ceased, the Parties shall discuss the situation and endeavor to achieve a mutually satisfactory resolution to the problem.
5.5.4 The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.
5.6 Online Fraud
5.6.1 In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.
5.7 Transferring your Products & Service(s) to other servers
5.7.1 ParsonsHosting reserves the right to transfer any or all of your hosting accounts to any other server, where:
(i) the server your account resides on has suffered hardware or software errors; or (ii) your activities interfere or have the potential to interfere with other users; or (iii) your server has been decommissioned; or (iv) we consider your bandwidth usage to be unacceptable or interfering with the performance of our network infrastructure, notwithstanding that you may be within your quota; or (v) when performing a mass migration.
5.7.2 As part of a server migration we may also have to change your operating platform or the versions of any other software you may have been using on the previous server. It is your responsibility to ensure that your site is compatible with the new software.
5.7.3 We will update customers about server migrations on our server status page or via email. If you are not using our nameservers then it is your responsibility to update your private name servers after a migration.
5.8 Entire Agreement ParsonsHosting reserves the right to revise its terms and policies from time to time without notice. By continuing your services you agree to these revisions.
5.9 Sever-ability You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
5.10 Acceptance of Terms As part of all our annual invoicing, you understand that these terms and conditions are binding. As mentioned in many previous emails, newsletters and invoices, payment of any kind towards these invoices means acceptance of these terms.