Terms of Webhosting Service (TOS)
By using or accessing PRIME WEB HOSTING services, customer agrees to the terms of webhosting service and conditions of this policy.
User agrees to use the service in a manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal, PRIME WEB HOSTING reserves the right to cooperate with all or any law enforcement agencies.
Neither PRIME WEB HOSTING nor its service providers are responsible for any damages arising from the User’s use of, or inability to use, the PRIME WEB HOSTING service.
Copyright
User hereby agrees that any material submitted for publication on PRIME WEB HOSTING through user’s account(s) are copyrighted and lawful. Your material shall not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others. Your material must not contain anything obscene or libelous. Users may not host any hardcore adult content or porn websites on our shared servers. Software intended to facilitate any such violations or infringements may not be stored on PRIME WEB HOSTING.
The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by PRIME WEB HOSTING. It will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Suspension, Cancellation and Termination
Posting a single article or substantially similar articles to 20+ number of newsgroups or continued posting of articles which are off-topic (e.g. according to the newsgroup charter or if provokes complaints from the regular readers of the newsgroup).
Sending unsolicited mass e-mailings which provoke complaints from the recipients.
Engaging in either of the above from a provider other than PRIME WEB HOSTING and using an account on PRIME WEB HOSTING as a mail drop for responses, or advertising a web site hosted at PRIME WEB HOSTING.
Continued harassment of other individuals after being asked to stop by those individuals and/or by PRIME WEB HOSTING.
Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
PRIME WEB HOSTING prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above, are also responsible for the cost of cleanup and respond to complaints incurred by PRIME WEB HOSTING.
The User agrees to not use excessive amounts of resources. Any violations may result in us taking corrective action in order to maintain server stability by killing any processes, disabling and/or suspending your account. Where reasonably practicable, we will notify you and provide a timeframe to rectify the issue before suspension, as outlined in the ‘Excessive Usage of Resources’ section.
Excessive Usage of Resources
User may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO
– Read & write operations, no more than 100 NPROC
– Processes or no more than 20 Entry Process.
Cron jobs must not execute more than once every 30 minutes unless specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 100 emails per hour.
If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, and we will notify you of the violation and provide a reasonable timeframe to rectify the issue before taking corrective action. If the issue is not resolved and we determined that the account is not suitable for the shared server environment, a notice will be sent to the customer providing them alternative solutions (e.g., a higher-resource hosting plan, or where available, a VPS or Dedicated Server).
Where PRIME WEB HOSTING offers unmetered dedicated servers or virtual private servers, these are installed on hundred mbps shared bandwidth ports, unless the service is sold as a specified port size or specified/requested as a capped port. PRIME WEB HOSTING reserves the right to monitor network usage. If a service significantly exceeds average usage we throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other PRIME WEB HOSTING clientele, PRIME WEB HOSTING reserves the right to throttle the service causing such a problem.
Backups and Data
In the unfortunate event that the client has lost their data hosted with PRIME WEB HOSTING, we will use reasonable endeavors to restore the client’s data from our most recent backup, if available; however PRIME WEB HOSTING will not be responsible for lost data, time, income or any other resource due to faulty backups, non-existent back-ups, or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
Unacceptable Use
The use of more than 50,000 inodes on any user account may result in a warning, but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inodes.
The use of resources more than what is allocated for the user webhosting plan is unacceptable. Particularly the storage per mailbox for webhosting accounts with unlimited mailbox storage (if any) shall not exceed 20 GB. Accounts found to be exceeding the limits of their webhosting plan or 20GB cap per mailbox storage will be suspended.
Prohibited Services
User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with PRIME WEB HOSTING as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
Abusive Conduct
Abuse of PRIME WEB HOSTING Staff or Support Personnel: At PRIME WEB HOSTING, we take pride in providing excellent service to all customers. We treat our customers with the highest level of respect and courtesy. In return, we expect the same respect from clients. If our staff experiences consistent abusive content or rude behaviour from any client, the account of such client may be suspended. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner.
- Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, VoIP, or in-person communication.
- Yelling or shouting at our staff.
- Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Payments
User agrees to pay PRIME WEB HOSTING all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
PRIME WEB HOSTING reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
If Customer chooses to pay for services by credit card, Customer grants PRIME WEB HOSTING the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payments
Shared Hosting, Reseller Hosting, and Domain Services
All web hosting and domain payments are due in full on the anniversary date shown on the invoice.
If payment is not received by the due date, the following schedule applies:
– **Day 5:** Second overdue reminder sent. Late fees may apply (see ‘Late Fees’ below).
– **Day 7:** Third (final) overdue reminder sent. Services may be suspended at this point.
– **Day 10:** If payment remains outstanding, services may be terminated and access to the service network reclaimed.
– **Day 14:** All customer data remaining after fourteen (14) days of non-payment will be destroyed.
Failure to remit payment for services is a violation of this TOS. Suspension of services does not relieve the client of their obligation to pay outstanding amounts. All outstanding balances must be settled in full before services are restored or the account is closed.
Late Fees
A late administration fee may be applied to overdue accounts in accordance with the following:
Domain Renewals: Domain renewals not paid by the due date are subject to a $10.00 late administration fee to reactivate the suspended routing (DNS resolution and website/email delivery).
Web Hosting Renewals: Web hosting renewals not paid by the due date are subject to a late fee of 10% of the outstanding renewal amount, applied 5 days after the due date.
Late fees are non-refundable and are in addition to any outstanding service charges.
General
Clients are responsible for ensuring that:
- Sufficient funds are available on their nominated payment method; and
- Their contact and billing details on file are current and accurate.
- Failure to comply with these requirements may result in suspension or termination as outlined in this TOS.
PRIME WEB HOSTING reserves the right to adjust reminder schedules, fee triggers, and suspension or termination timelines at its discretion. The current schedule is published in this section and reflected in our billing system.
Payment Reminders
Our billing system is configured to automatically generate invoices and dispatch payment reminders according to the following schedule:
Before the Due Date:
Invoices are generated 32 days prior to the due date.
A payment reminder is sent 14 days before the invoice due date.
After the Due Date (if payment remains outstanding):
First Overdue Reminder: Sent 1 day after the due date.
Second Overdue Reminder: Sent 5 days after the due date.
Third (Final) Overdue Reminder: Sent 7 days after the due date.
Late Fees: See ‘Non-Payments’ section for full details.
It is the client’s sole responsibility to ensure that:
Sufficient funds are available on their nominated payment method; and
The email address on file is current and able to receive reminder emails from PRIME WEB HOSTING.
Once a payment reminder has been dispatched by PRIME WEB HOSTING, it is considered a valid payment reminder. PRIME WEB HOSTING does not take responsibility for non-deliverable email addresses, or for emails sent by PRIME WEB HOSTING that do not reach the client’s destination, including but not limited to failures caused by spam filters, network issues, or incorrect contact details on file.
Non-payment may result in suspension or termination of services as outlined in the “Non-Payments” section of this TOS.
Refunds
Without waiving any of its other rights under this Agreement, PRIME WEB HOSTING offers to its Customers a 30-day money-back guarantee on fees for web hosting services (only). If for any reason you cancel your account within thirty (30) days starting from the day PRIME WEB HOSTING dispatches your welcome email including your account information or the day you place the order with us, whichever comes first. PRIME WEB HOSTING will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee.
If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from PRIME WEB HOSTING and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services other than web hosting.
Cancellations
Customers may voluntarily cancel their account at any time. To avoid being charged for the next billing cycle, cancellation must be requested at least five (5) days prior to the anniversary billing date. Cancellation requests must be submitted via the client’s customer account dashboard at clients.primehost.com.au (Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation).
If a cancellation request is received less than five (5) days before the anniversary billing date, the account will be billed for one final monthly cycle. This final billing cycle ensures administrative processing and a smooth transition of services.
For cancellations made with more than five (5) days’ notice, no further charges will apply beyond the current paid period. Any amounts already paid for the current billing period are non-refundable, except where the 30-day money-back guarantee applies as outlined in the “Refunds” section.
All outstanding amounts must be settled in full before the account is fully closed. Accounts with unpaid balances may remain suspended until payment is received.
Cancellation requests are not accepted by email, postal mail, by phone or via the help desk. If a customer cancels a recurring order by contacting any third party, we will also consider it an account cancellation request. In such cases, PRIME WEB HOSTING reserves the right to terminate the customer account with immediate effect without any prior notice.
Agreement
PRIME WEB HOSTING may modify these terms and conditions upon notice published online via PRIME WEB HOSTING. User’s use of PRIME WEB HOSTING services after such notice shall constitute user’s acceptance of the modifications to this Agreement.
This agreement, your user account, contract, and billing will automatically renew unless cancelled by the client via their customer account dashboard at least five (5) days prior to the renewal date.
