TERMS AND CONDITIONS OF SERVICE BETWEEN You AND CB Enterprises By having Your website hosted by CB Enterprises, You agree to the following Terms and Conditions of Service. RECITALS This is a legal agreement between You and CB Enterprises. The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources. Before placing Your website on Servers operated by CB Enterprises, You must read the Agreement and accept its terms and conditions. If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by CB Enterprises. Definitions "Agreement" means these Terms and Conditions of Service. "Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person. "Client" means any person to whom CB Enterprises provides the Service. "domain parking" means one or more domain names pointing to Your website, or any part of it. "CB Enterprises", "we", "our" and "us" means CB Enterprises. "person" includes a corporation, a trust and a partnership. "Servers" means all Servers owned or operated by CB Enterprises, and which You may access or use, pursuant to the Agreement or otherwise, as a result of CB Enterprises providing the Service. "Service" means the hosting of Your website and related services on Servers operated by CB Enterprises, including access to Your website by You or any other person. "website" includes all aspects of the Service (website, mail facilities, FTP access etc). "You" and "Your" means the person who agrees with CB Enterprises to have a website hosted on Servers operated by CB Enterprises. Order Details and Processing You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply. You confirm that the details You have provided to CB Enterprises when ordering Your web hosting account are complete and correct. We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days. Conduct You must not: * access the websites of other Clients, other than in the course of ordinary, legal, business or consumer access; * hinder the operation of our Servers in any way; * attempt to access or list any files and/or directories that are not Your own; * obtain, or attempt to obtain, any system information unless it is required to complete ordinary website management tasks. Password Security You must keep confidential, all passwords created or used in relation to the Service. You must not: * make any password created or used in connection with the Service, available to the public or to groups of people; * allow the public or any other groups of people to access any of Your accounts, other than as agreed by CB Enterprises. Acceptable Content Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene, highly controversial or which encourages unlawful behavior. This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software. If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice. If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice. No Mirroring You must not use Your website to mirror any material on any other website without the written permission of CB Enterprises. CB Enterprises has sole discretion to determine whether to grant permission to You to mirror another website. No Web Cams Your site must not contain any "Web Cam" content. Submitting Site Details To Third Parties You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions: * You must not submit the URL (web address) of any Free-For-All Link Page (or similar page or script) to automatic Free-For-All Link Page submission engines. If such an engine lists Your script or page and commences submissions to Your script or page, You must remove the script or page from Your site immediately. * When providing Your site details to third parties you must specify the location of Your site using Your domain name only, and not Your site's IP address. For example, You may tell third parties that the location of Your site is www.you.com, or You.com, but must not specify the location of Your site using an IP-based format like: 1.2.3.4/you/ where 1.2.3.4 is Your site's IP address. Additional Domains You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/). If You require additional domain names to be pointed at Your website, You must obtain written permission from CB Enterprises. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website. You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain. You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content. Traffic Allowance Your website is entitled to the specified traffic associated with your plan in each calendar month unless any of the following apply to Your site: * It contains images, CGI programs or similar content that is accessed from other websites. For example, if You run a banner advertising program and the banner is stored on Your website and accessed by the websites displaying Your banner; * Two or more domain names are being used to access Your website. For example, if You are utilizing our Domain Parking facility to point an additional domain name at Your website then You will not qualify for unlimited traffic; * The number of "hits" (file accesses) generated by Your site exceeds 5% of the total hits to the shared server housing Your site; * The total traffic (in megabytes) generated by Your site exceeds 5% of the total traffic to the shared server housing Your site; * More than 20% of Your site's traffic is from e-mail activity (that is sending, receiving and accessing messages and attachments); * More than 20% of the traffic to Your site is from binary files (such as images, java applets, mp3 files or sound files). If, at our sole discretion, we decide: * Your website does not qualify for unlimited traffic; and * The traffic to Your website exceeds 2 Gigabytes in any calendar month we may, at our sole discretion, either: * charge You for all traffic in excess of 2 Gigabytes at a rate of US$2.50 per 100Mb; or * remove Your website from our Servers immediately without notice. You acknowledge and agree that CB Enterprises has the sole right to determine when and where these provisions apply. Due to time constraints CB Enterprises cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that CB Enterprises has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges. If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice. Use of Disk Space Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from CB Enterprises. You must not place "demonstration" versions of third party web pages on Your website without written permission from CB Enterprises. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from CB Enterprises. CB Enterprises reserves the right to decide whether any pages on your site are in fact hosted for third parties. You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website. Number of Files There is a limit to the number of files which can be stored on Your website. The limit varies depending on which hosting plan You are on. You can have up to 5,000 files on our Small Business Starter plan, up to 10,000 files on our Business Power plan, and up to 20,000 files on our Corporate Giant plan. Large Files Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 15 MB in size. Your website must contain no more than 15 "large" files. A "large" file is one that is greater than one megabyte in size. Please note too that sites offering large files for download or delivery are unlikely to qualify for unlimited traffic and may incur significant excess traffic charges. Database Size The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either: * Charge You for the amount of disk space used in excess of 50MB at the usual excess disk space prices advertised on our website; * Insist that the database size be reduced to less than 50 MB within 24 hours; * Decline to host the database and remove it from our servers. Wherever feasible at least 24 hours notice will be provided before the database is removed. Virus Scanning CB Enterprises scans incoming and outgoing messages for viruses. However CB Enterprises does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, CB Enterprises reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus. Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats. Backups CB Enterprises will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service. Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply. We strongly encourage You to keep a backup of Your site on Your home or office computer. Site Statistics We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months. Mail Services All mailboxes are limited to 250 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it. CB Enterprises will remove without notice any messages that have been in Your mailbox(es) for more than 120 days. If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes. CB Enterprises reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion. Mailing Lists If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis. Providing Mail Services for Third Parties You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties). Spam (Unsolicited Email) You must not send unsolicited email messages from a CB Enterprises server. You must not use an email address or domain name that is hosted by CB Enterprises to send unsolicited email messages. If You breach these conditions we may immediately terminate the Service without notice. Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements You must not use CB Enterprises Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community. If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice. Short Message Service (SMS) Facilities If You decide to use our Short Message Service (SMS) facilities then You acknowledge and agree that: * Each SMS message sent will cost You one "SMS credit". Your website will be allocated three free SMS credits. After those credits are used, You will need to purchase further SMS credits from us, at our prevailing prices, in order to use the SMS facilities we provide; * SMS credits expire after 12 months. That is, from the date you purchase them, you have 12 months to use them or they will automatically expire without refund; * We have the sole right to determine how many SMS credits You have consumed, and to determine how many SMS credits remain available to You; * You are solely responsible for ensuring that You have sufficient SMS credits in Your account to cover the charges for any SMS messages You wish to send; * SMS messages will not be delivered to You if You do not have sufficient SMS credits available; * Our systems will determine whether our over-the-air transmission of each SMS is successful. If we determine that the message was sent successfully over-the-air then an SMS credit will be deducted from Your account, whether or not You actually received the message. This is necessary because it is possible for an SMS message to leave our network successfully, but fail to reach You due to problems beyond our control, such as a problem with Your phone or a problem with Your cellphone or mobile phone service. Given that we incur the expense of sending each SMS the moment it successfully leaves our network, an SMS credit will be deducted from Your account in all cases where the message exits our network successfully; * We are not responsible in any way, shape or form, for any damage or inconvenience to You or any other party, as a result of any SMS message failing to reach its destination (usually Your phone); * While we strive to maximize the reliability of our SMS service and provide these services in good faith, we rely on third-party providers for message delivery and therefore make no guarantee about the reliability or performance of our SMS services; * We have a comprehensive worldwide SMS coverage area but make no guarantee that any particular network will be able to receive messages from our service. We provide three free SMS credits on each website so that You can determine whether SMS messages can be sent successfully to Your phone before needing to purchase SMS credits. Resource-Intensive Programs If You install and run a resource-intensive program on our Servers we may, at our sole discretion: * Charge You an additional monthly amount; or * Halt and/or prohibit the execution of the program. Chat Rooms and IRC Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms, IRC-related software on our Servers. Domain Name Registration If You choose our Free Domain Name Registration special, we will register Your ".com", ".net" or ".org" domain name for one year for free. Registrations will only be processed after we have received Your hosting setup fee and first quarter's hosting fees. At the conclusion of the free year of registration, the domain name can be renewed through CB Enterprises's registration service at the prices prevailing at the time. Alternatively the domain name can be transferred to any other ".com", ".net" or ".org" registrar. If You choose to transfer the domain name to another registrar they will charge You directly for their fees. The Free Domain Name Registration special applies only to ".com", ".net" and ".org" domain names registered through CB Enterprises's registration service, and hosted on a server operated by CB Enterprises. We will not pay for, or reimburse You for, registration fees if You register Your domain name through a different registrar. The Free Domain Name Registration special is not available to resellers and cannot be combined with the half-price trial month offer. If You choose to register Your domain name through any other registrar then You will be responsible for handling the registration process and paying the necessary registration fees to Your registrar. CB Enterprises will, however, be happy to provide You with the technical details required to register Your domain name. If Your domain name has already been registered we will not submit the domain names transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself. If You require Your domain name to be changed, additional setup fees will be charged. One-Month Trial Period The one-month trial offer is not available for domains purchased through our Flexible Reseller or Reseller Gold programs, and cannot be combined with the Free Domain Name Registration special. Technical Support We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email and/or our online Support Request Form at our discretion. Notice You agree to correspond with CB Enterprises via our Support Request Form. If CB Enterprises needs to contact You for any reason we will do so via email only. You agree to notify us promptly of any changes to Your email address or other contact details. Billing Cycle, Invoices and Payments Our billing cycle is quarterly in advance. Your initial payment is due at the time You open Your account. After Your initial payment has been made, we will send You an invoice via email approximately one week before each subsequent payment is due. If Your payment is overdue then Your website(s) may be suspended and/or removed from our Servers without notice. If You accidentally make an additional and unnecessary payment for our service, we will credit the additional funds to Your CB Enterprises account. At Your request, we may consider refunding the additional monies paid by You, but will deduct from the refund amount any expenses incurred by us, such as clerical expenses and finance charges. Generally, all fees are non-refundable. If however we decide that exceptional circumstances apply then we will provide a refund, or partial refund, at our discretion. Prices Prices are subject to change without notice. Any change in monthly fees will apply to Your next hosting period, but will not be payable for Your current hosting period. Site Suspension CB Enterprises may, at its sole discretion, deactivate Your website and revoke Your access to our Servers. For example, Your site may be deactivated for late payment, or Server abuse. You acknowledge that if Your site is deactivated then CB Enterprises has no obligation to provide You with a copy of Your site content, or to restore Your server access to enable You to obtain a copy of Your site content. Cancellation of Service You may cancel the Agreement at any time by providing CB Enterprises with written authorization to close Your web hosting account (the Service). We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove Your website from our Servers immediately and without notice. You acknowledge that CB Enterprises does not keep copies of files for web sites that are no longer hosted with us, and that CB Enterprises has the right to remove all website files at the time the Service is canceled or discontinued. Limitation of Liability You indemnify CB Enterprises and its directors, shareholders, employees and associates in relation to any Claim as a result of: * The Service; * Misuse of the Servers by You or any other person; * Your breach of the Agreement; * Loss of data; * Unavailability of Your website to any person; or * Service interruptions. If a term is implied into the Agreement by the Trade Practices Act 1974, CB Enterprises's liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again. Modifications to Service CB Enterprises reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that CB Enterprises will not be liable to You or any other party for such modifications to the Service. CB Enterprises reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the CB Enterprises site. Intellectual Property Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree not to reverse engineer or create derivative works based on the Service, or copy the Service in any way. Disclaimer We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
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