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High Performance Websites is a wholly owned subsidiary of Greg Wapling and represents the commercial web hosting arm of that company. Within this document, High Performance Websites and Greg Wapling shall be accepted as interchangeable terms, representing the one ultimate commercial entity. High Performance Websites reserves the right to modify this document at any time and it is the Client's responsibility to check for modifications at regular periods.
All accounts will be payable at the commencement of hosting and thereafter on each monthly anniversary. Apart from exceptions solely at the discretion of High Performance Websites, all invoices, receipts and general communications will be forwarded monthly by email. Upon receipt by the Client of an invoice or other demand forwarded by High Performance Websites, prepayment of an amount sufficient to bring the account into a credit balance equal to at least one full month's hosting fees will be required. High Performance Websites will issue a receipt by email for all payments received from the Client.
For reasons of both security and avoidance of duplicative accounting handling, all invoicing and receipting documentation will be provided only to the primary account holder. A single off-server email point of contact is required for each hosting account.
At any time, if the Client so desires, the Client may pay an amount to bring the account into a credit balance in excess of one full month's hosting fees. In this case subsequent invoices forwarded to the Client will be marked as “no payment required”, or words to that effect, for so long as the account remains in credit.
Under no circumstances will a refund be provided to the Client by High Performance Websites for any period for which hosting has already been provided. However, High Performance Websites will issue a pro rata refund from the date of cancellation of an account to the date for which a prepayment has already been received. Notification of an account cancellation must be made by email, facsimile transmission, or standard post, and cancellation of the account will be effective from whichever may be the later of the date of receipt of the notification and any date of cancellation which may be specified by the Client. If the Client has a balance due at the effective date of cancellation, the balance remains payable as account cancellation does not absolve the Client’s existing financial obligations.
The Client agrees to use all High Performance Websites services and facilities at its own risk. High Performance Websites specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall High Performance Websites be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The customer agrees that it shall defend, indemnify, save and hold High Performance Websites harmless from any and all demands, liabilities, losses, costs and claims, including but not limited to reasonable legal fees asserted against High Performance Websites, its agents, its customers, its officers and its employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, its employees or its assigns High Performance Websites takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over its network. Very simply this means that Clients of High Performance Websites may not use or permit others to use its network to transact in UCE. The Client may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Upon notification of an alleged violation of the spam policy, High Performance Websites will initiate an immediate investigation. During the investigation, High Performance Websites may restrict the Client’s access to the network to prevent further violations. If the Client is found to be in violation of the spam policy, High Performance Websites may, at its sole discretion, restrict, suspend or terminate the Client's account. Further, High Performance Websites reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. High Performance Websites will notify law enforcement officials if the violation is believed to be a criminal offence.
Clients who violate this policy agree that they will pay research fees not to exceed AU$88 per hour for each hour or part thereof which High Performance Websites personnel must spend in investigating the matter. Severe violations of this policy will result in the immediate termination of the Client’s account and may incur an administrative fee of up to AU$1500.
We consider UCE or spam to be any email message for which a spam complaint is raised by a message recipient, and where the Client can not produce proof of double opting in on the part of that recipient.
Quite simply, to avoid any problems or costs, do not spam from, through, or in connection with your High Performance Websites account.
High Performance Websites is in the business of web hosting - not smtp hosting. It is neither appropriate nor acceptable for our web hosting servers to be used as a point of email origin for anything other than low level mail despatch from web based applications. Such acceptable applications would include general feedback and online order forms.
If you have any complaints or comments regarding spam on our network, please direct them via email to abuse@gmw-consult.com.au.
All services provided by High Performance Websites may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or USA law is prohibited. This includes, but is not limited to, copyrighted material, trademark, intellectual property, material judged to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless High Performance Websites from any claims resulting from the use of the service which damages the Client or any other party. High Performance Websites will be the sole arbiter in determining violations of this provision.
Pornography and related merchandising is prohibited on all High Performance Websites servers. This includes sites that may imply pornographic content, or links to pornographic content elsewhere. High Performance Websites will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to High Performance Websites servers or any other server on the internet. Links to such materials are also prohibited. High Performance Websites will be the sole arbiter in determining violations of this provision.
Examples of unacceptable content or links:
High Performance Websites is in the business of providing primary web hosting services both to resellers and for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our competitors. High Performance Websites will be the sole arbiter in determining violations of this provision.
For the benefit of all Clients and to maintain a quality service, High Performance Websites reserves the right to suspend any domain without any notice if that domain is found to be using too much of the server's resources and therefore abusing the server. In such an instance it is the Client’s responsibility to contact High Performance Websites to formulate a strategy to allow the domain to be reactivated. High Performance Websites will be the sole arbiter in determining violations of this provision.
Subject to any and all provisions of this document, the Client is free to install server side scripts as required for the operation of its website only so long as the concerned scripts are not included in the following list:
Further to the above, High Performance Websites reserves the right to disable any script which it considers to be affecting normal server operation or service to other Clients. High Performance Websites will be the sole arbiter in determining violations of this provision.
High Performance Websites does not allow chat rooms to be hosted on its servers under any circumstances. However, the Client is free to link its site to a third party chat provider such as www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
In general, full server backups are made weekly, and incremental backups of new and changed data are made nightly. However, absolutely no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only in the case of large scale data loss occurring on a server for any reason including but not limited to hardware failure, software failure, server hacking and general data vandalism. Please take note that it is solely the Client's responsibility to maintain local copies of its web content and any associated files including but not limited to scripts, data files, databases and other ancillary files.
The Client acknowledges and agrees that data may be lost or corrupted in connection with the use of the service and acknowledges that High Performance Websites shall have no liability to the Client in the event that all data is lost or destroyed. The Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.
High Performance Websites supports a large number of personal and commercial sites, and for reasons of both economy and efficiency it is no longer possible to accept telephone or front counter enquiries as a first resort for any problems which the Client may encounter. On all occasions, without exception, Client support requests must intially be raised by email to helpdesk@gmw-consult.com.au. In the unlikely event that High Performance Websites is unable to provide an adequate answer by email, the Client will be invited to telephone or visit High Performance Websites’s offices to discuss the issue more fully. Support requests raised by telephone or front counter contact will not be entertained.
High Performance Websites provides support for technical, server related matters only. No support is provided for matters related to site design, script installation, debugging or software configuration. It is the Client's responsibility to have, or obtain, a good working knowledge of internet related tools and procedures. High Performance Websites provides technical hosting services and should not be regarded as a general support service.
High Performance Websites provides support only to its own direct Clients. For reasons of both security and avoidance of duplicative support handling, no support will be provided to any third party. A single point of contact is required for each hosting account.
High Performance Websites reserves the right to refuse service to anyone for any reason not prohibited by law. High Performance Websites reserves the right to terminate service to any Client for any reason not prohibited by law.
Copyright © Greg Wapling ABN 57 245 248 894
All rights are reserved world wide.
High Performance Websites is a wholly owned subsidiary of Greg Wapling.
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