AU HOSTING PROVIDER – TERMS AND CONDITIONS
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Welcome to AU Hosting Provider. These Terms and Conditions (“Terms”) govern your access to and use of our web hosting services, domain name registrations, virtual private servers (VPS), dedicated servers, and associated technical support products (collectively, the “Services”). The Services are owned and operated by AU Hosting Provider (“we,” “us,” or “our”).
By registering an account, purchasing our infrastructure packages, or using any part of our network, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
- JURISDICTION AND GOVERNING LAW
AU Hosting Provider is operated from New South Wales, Australia. These Terms are exclusively governed by and construed in accordance with the laws of the State of New South Wales and the federal laws of the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia to resolve any legal dispute or claim arising under these Terms. - ACCOUNT RESPONSIBILITY AND LOGIN DETAILS
- Security: You must keep your portal passwords, cPanel credentials, FTP log-ins, and API keys strictly confidential and secure. You are entirely responsible for all activity that occurs under your hosting account.
- Accuracy: You warrant that all account information provided (including your name, ABN/ACN, email address, and billing configuration) is accurate, current, and true.
- ACCEPTABLE USE POLICY (AUP) AND PROHIBITED CONTENT
Our hosting network must remain fast, secure, and stable for all clients. You strictly agree that you will not use our servers or infrastructure to host, transmit, or link to content that:
- Violates any local Australian federal, NSW, or international law.
- Contains, distributes, or executes malware, viruses, trojans, ransomware, or botnet command-and-control software.
- Facilitates phishing scams, deceptive practices, counterfeit schemes, or unauthorized gambling.
- Is used to send unsolicited bulk commercial messages (SPAM). All electronic messaging must strictly comply with the Australian Spam Act 2003 (Cth).
- Infringes upon third-party intellectual property, including copyright-infringing downloads, pirated software, or unlicensed media.
- We reserve the right to immediately suspend or terminate any account found in breach of this Acceptable Use Policy without notice or liability.
- SERVER RESOURCE LIMITS & INFRASTRUCTURE INTEGRITY
- Fair Use: For shared and reseller hosting accounts, your resource usage (including CPU, RAM, I/O, and concurrent database connections) must not negatively impact the performance of other users on the shared server hardware.
- Suspension: If your website experiences sudden traffic spikes or unoptimized script loops that endanger server stability, we reserve the right to temporarily throttle or suspend your account to preserve overall network uptime.
- Software Maintenance: You are solely responsible for updating your own hosted software applications, Content Management Systems (e.g., WordPress, Joomla, Magento), plugins, and scripts to prevent security vulnerabilities.
- DOMAIN NAME REGISTRATION AND RENEWALS
- Registry Rules: By purchasing or transferring a domain name through us, you agree to be bound by the relevant registry policies, including the auDA (.au Domain Administration) Rules for Australian domains and ICANN regulations for global domains.
- Eligibility: For .com.au or .net.au domains, you warrant that you hold a valid, active Australian Business Number (ABN) or Australian Company Number (ACN) matching the registrant details.
- Renewals: Domain name renewals are your sole responsibility. If a domain registration expires due to a failed or late payment, we are not liable for any operational downtime, loss of the domain name, or registry recovery fees.
- BILLING, SUBSCRIPTIONS, AND PAYMENT FAILURES
- Recurring Billing: Hosting Services are provided on a pre-paid subscription basis (monthly, quarterly, or annually). Your payment method on file will be automatically charged at the beginning of each billing cycle.
- Late Payments & Suspension: If a recurring subscription invoice remains unpaid beyond its due date, we reserve the right to automatically suspend your hosting account and block access to your website files and emails.
- Termination & Data Purge: If an account remains suspended for more than [e.g., 14 or 30] consecutive days due to non-payment, we reserve the right to permanently terminate the account and permanently delete all server data, website files, and backups from our infrastructure.
- BACKUPS, DATA LOSS, AND LIMITATION OF LIABILITY
- Your Backup Duty: While we perform regular automated server backups for disaster recovery purposes, these backups are provided as a convenience only and are not guaranteed. You retain the ultimate responsibility to maintain regular, independent, off-site copies of all your website files, databases, and emails.
- Exclusion of Liability: To the maximum extent permitted by law, AU Hosting Provider shall not be held liable for any data loss, corrupted databases, missing emails, business interruption, or loss of profits arising out of server downtime, hardware failures, or account deletion.
- Australian Consumer Law (ACL): For customers acquiring services as a consumer or small business under the ACL, our services come with statutory guarantees that cannot be excluded. Our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
- SERVICE UPTIME TARGETS
We endeavor to provide a reliable server infrastructure environment with a target network uptime of 99.9%. Scheduled network maintenance windows will be communicated to you in advance via email or our status portal whenever possible and are excluded from uptime calculation tracking metrics. - CANCELLATION AND REFUNDS
You may cancel your hosting subscription at any time via your client management billing portal. Cancellations will take effect at the conclusion of your current paid billing period. Pre-paid hosting fees are non-refundable for partial months or unused portions of a billing term, except as mandated by the Australian Consumer Law.