Terms of Service
All services provided by Demon-Host (demon-host.com.au) as part of the Demon-Networks business may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold Demon-Host risk-free from any claims resulting from the use of service which damages the subscriber or any other party. This agreement is specifically bound by Australian law and will be upheld in an Australian Court of law in the State of Queensland.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Demon-Host's servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links (but not limited to):
- Pirated software
- Hacking programs or archives
- Warez sites
- Child pornography
- Images, movies or sound with which you are not or do not hold copyright privileges to
- Promotion or acceptance of Terrorism and related activities
NOTICE:AT DEMON-HOST'S SOLE DISCRETION, IF YOUR ACCOUNT IS FOUND TO BE IN BREACH OF THIS CONTRACT YOUR ACCOUNT MAY BE IMMEDIATELY TERMINATED. FOR MINOR BREACHES, YOU WILL BE SENT AN EMAIL WITH WHICH YOU HAVE 24 (TWENTY-FOUR) HOURS TO COMPLY OR YOUR ACCOUNT WILL BE TERMINATED.
ANY ILLEGAL ACTIVITY WILL BE REPORTED TO THE APPROPRIATE AUTHORITIES.
Demon-Host will provide connection to all organizations and individuals who agree to abide by Demon-Host access terms, conditions, and fee schedules. Demon-Host reserves the right to refuse service to anyone if Demon-Host deems appropriate. User is responsible for providing any equipment and/or software necessary to access the Demon-Host system and Internet facilities, unless otherwise provided for in this Agreement.
User is entitled to use the web hosting services provided by Demon-Host for which they have subscribed to. User is responsible for any licensing fees for any "shareware" products provided by Demon-Host to User.
Demon-Host will provide the Web Hosting services provided in the service package chosen by user, including a server or web space on a shared server, connection of the server to Demon-Host's high-speed Internet connection, backup of the server's hard disk (if nominated to do so for dedicated servers) and other maintenance on the server, domain name (so long as nominated to do so), e-mail, and file transfer services as provided in the chosen service package, automated server monitoring and limited log file generation and access. All equipment provided by Demon-Host shall remain Demon-Host's property.
The services and software offered are subject to change and limitation at Demon-Host's discretion, as is any pricing schedule. Demon-Host will notify the user of any changes by electronic mail to the agent named in this Agreement or other user officer, unless the change is judged by Demon-Host to be necessary to preserve proper security or functioning of Demon-Host's system. If the user objects to any change in service, unless the change is one Demon-Host has determined is necessary for security purposes or to maintain proper operation of Demon-Host's system, user will be entitled to cancel their account.
User's continued use of the Demon-Host Web Hosting services from one (1) week after the effective date of such modified general terms and conditions, policies, or changes in services or software will constitute user's acceptance of such modified terms.
This Agreement covers Web Hosting services, and any ancillary services such as domain name service and electronic mail.
All account plans come with a predetermined amount of traffic (bandwidth) allowance. We monitor all accounts and will notify the user once they have reached their bandwidth limit. Following this, the user has two options. Either be charged $1.50/GB in overage (the default option), rounded to the nearest gigabyte or have the account temporarily suspended until the end of the users billing month. Bypassing Demon-Host's monitoring procedures may result in account termination and the user may be liable for any excess bandwidth charges.
Unacceptable forms of use
Fraudulent / Illegal activities
Demon-Host's services may not be used for illegal purposes, or in support of illegal activities. Fraudulent activities also mean the making or distributing of fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.
Harm to minors
The harming or attempted harming of minors in any way, including but not limited to child pornography.
Threats and Harassment
The transmission of any material that threatens or encourages bodily harm or destruction of property or harasses another.
Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
Unsolicited e-mail (SPAM)
The transmission of unsolicited commercial or unsolicited bulk-email with our without malicious intent.
Copyright, Intellectual Property or Trademark Infringement
The transmission or storage of any material that infringes any copyright, intellectual property, trademark, patent, trade secret or other proprietary rights of any third party.
Collection of personal data
The Collection, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity
An activity which affects the ability of other people or systems to use Demon-Host's services or the Internet including "denial of service attacks".
IRC / Other Services
No IRC related services are to be run from our network at any time. This includes (but not limited to); eggdrops, IRCDs, BNCs and BitchX. No services are to be run from any of Demon-Host's shared servers without prior consent from Demon-Host Administration. If a user is found to be running such a service without prior consent, the service will be halted immediately and the users account may be suspended or terminated. The user may be liable for any usage charges related to this service.
Adult sites are accepted on Demon-Host's network, so long as there is no breach of the above contract, including child pornography and copyright infringement. The user must have copyright permission of all material hosted on the said website, whether publicly available or not. Age verification documentation must be available and presented on request for all models in question on the adult site. The subscriber must be over the legal age to view pornographic material in both their Country of residence and Australia, as bound by Australian law. The website must display clear intentions of displaying pornographic material before displaying such material, and offer a means of exiting the website. Age requirements by law must also be displayed on the said website. All adult websites must be hosted on a dedicated IP address, if hosted on one of Demon-Host's shared servers. These can be purchased on the Demon-Host order form or by contacting [email protected] The above policy is strictly enforced.
Shared Server Usage
Use of Demon-Host's shared services is subject to a fair use policy. If Demon-Host find an account to be hosting a run-away script (some form of script that is using a large amount of system resources), Demon-Host will terminate the script in question and notify the account owner. Demon-Host will attempt to find a possible cause for the run-away script, however, it is the users responsibility to amend the problem. If the problem continues to arise, Demon-Host may take the following steps, at the company's discretion: completely remove the script from the system, temporarily suspend the account in question or terminate the account in question.
It is the user's responsibility to ensure they keep regular backups of all of their data. Demon-Host cannot be held liable for any loss of data. Demon-Host will use all means possible to recover lost data and will inform the user as soon as possible if such recovery of data is possible. Demon-Host cannot guarantee that such said data will be the most recent or in the same state as expected.
Refusal of Service
Demon-Host reserves the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Demon-Host must adhere to the above policies unless otherwise excluded.
By the Account Activation Date of each month, Demon-Host shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Demon-Host by no later than the specified payment due date. Demon-Host will attempt to provide appropriate notice for such due fees. Demon-Host shall be entitled to immediately terminate this agreement for client's failure to make timely payments.
User will be provided with an invoice on a monthly basis (where applicable). Credit cards may be billed automatically on a monthly basis. It is the user's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, Demon-Host will send an e-mail notification, at which point Demon-Host will need to be provided with another credit card account number within 24 hours, or payment from another means. If Demon-Host does not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
If user terminates this agreement, user shall be responsible for any and all outstanding fees owed to Demon-Host and agrees to pay any and all fees incurred by user. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the user provides notice of termination on the 15th day of a particular month, the user will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Any account deactivated due to non-payment will require a reactivation fee of $10.00 prior to reactivation.
A month will not be partially refunded to accounts. No refunds are given on any VPS or dedicated servers or setup fees for VPS or dedicated servers. Neither can Demon-Host provide any refund on Domain Names purchased through the company. We require 30 days notice for a cancellation. Demon-Host honour a 7 (seven) day full refund on hosting services purchased, except those which are excluded above, beginning from the date of signup. After the 7 (seven) days have expired, the above Service Fees clause will apply. Users may be charged a credit card processing fee on the 7 day refund. After the 7 day period, no refunds will be provided.
Limitation of Liability
Demon-Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Demon-Host's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Demon-Host shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Demon-Host's servers. All damages shall be limited to the immediate termination of service.
No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of this Agreement or any provision thereof. If any provision of the Agreement is or becomes illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided if Demon-Host determines that any such unenforceable provision is essential, it may terminate this Agreement upon notice.
User grants any permissions or licenses (including but not limited to copyright licenses), as may be required, and within User's power to grant, to Demon-Host in order to provide hosting and related services to User, or as may be required for Demon-Host to operate for User's benefit.
Violations of these policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation, and further possible action.
Demon-Host cannot be held liable for system down time, crashes or data loss. Demon-Host cannot be held liable for any predicated estimate of profits which a user would have gained if their site was functioning. Certain services provided by Demon-Host are resold. Thus, certain equipment, routing, software and programming used by Demon-Host are not directly owned or written by Demon-Host. Moreover, Demon-Host holds no responsibility for the use of our users' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. Demon-Host reserve the right to remove any account, without advance notice for any reason without restitution, as Demon-Host Administration sees fit.
By activating your account with Demon-Host, you agree to the above policies and disclaimer. Upon requesting activation of an account, users are required to accept these policies, guidelines and disclaimer, and it is the users responsibility to keep an up to date hard copy of this agreement.
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