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terms of service

All services provided by HostBacon ("HostBacon") 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 city 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 harmless HostBacon from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to HostBacon's servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, HostBacon WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

refusal of service

HostBacon reserves the right to refuse, cancel or suspend service, at our sole discretion without having to provide reason.

billing

By the account activation date of each month, HostBacon shall either:

(1) debit the member's credit card (when such information has been provided by the member); or

(2) deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the member, payment shall be remitted to HostBacon by no later than the specified payment due date. HostBacon shall be entitled to immediately terminate this agreement for member's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the member's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

service fees

Certain services carry a setup fee charged by HostBacon to the client, which must be paid by client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to HostBacon and agrees to pay any and all fees incurred by the client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

renewals

All accounts which expire within the next 30 days will receive a renewal notice at least 14 days prior to the end of the prepaid term. It is the responsibility of the account holder to ensure that services are paid for by their expiration date.

cancellation refunds

We do not refund partial monthly fees to accounts. All Web Hosting account cancellations must be submitted 7 days before the next billing cycle. If a hosting service has been pre-paid for an entire year, we will provide a refund to the customer for the unused months that follow the current billing month. Only the authorised account holder or a authorised contact may cancel the account. Authorised contacts are appointed only by the account holder. In the event of cancellation, member will automatically be billed for any excess usage during the then-current calendar month.

To cancel an account, member must submit a cancellation request via a ticket request from the e-mail address listed within our billing system. Members can also cancel a product/service via the members area directly, http://hostbacon.com.au/members/

failure to pay

HostBacon may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

account activation

By activating your account with HostBacon, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

money back guarantee

HostBacon offers a 30 day money back guarantee for all hosting services if a customer should cancel their account within 30 days of initial subscription. This does not include any registered domain names, SSL certificates, IP addresses or account addons. If the customer has received a free domain name with the web hosting account, the cost of the domain registration will be deducted from the refund.

service level

HostBacon guarantees 99.9% service uptime on all web hosting plans. Should we fail to deliver this for any given calendar month, you are entitled to a refunded a pro-rated amount for the duration of excessive downtime.

Service Availability Time Credit
99.9 - 100% 0 to 43.2 minutes 0%
98 - 99.8 43.2 mins to 14 hrs 24 mins 10%
94 - 97.9 14 hrs 24 mins to 36 hrs 20%
90 - 94.9 36 hrs to 72 hrs 50%
89% or below more than 72 hrs 100%

Exclusions

All downtime credit claims must be made prior to each billing period to our billing department at accounts@hostbacon.com.au. Keep in mind that HostBacon will not apply any credits by default. All credits must be claimed by the customer.

system resource usage

In order to ensure speed, reliability & server performance over any given time all hosting services are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, database usage, e-mail usage etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a service allowing for higher resources. You may refer to the following table below at any given time to determine if your account exceeds the resource limits allocated:

Processor & Memory (CPU/MEMORY) Restrictions Database (MySQL) Restrictions Email (POP3/IMAP/SMTP) Resitrctions

If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. HostBacon will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

pricing structure

HostBacon reserves the right to alter its pricing structure from time to time, however pricing for each customer will not change unless they choose to use the 'Change Plan' feature, in the case that new plans are introduced.

backups and loss of information

Although HostBacon takes all reasonable and necessary precautions, all users of the service agree to keep backup copies of their entire websites and all content as HostBacon takes no responsibility for any accidental or wilful loss of or damage to clients' information stored on our servers. In the case that an account backup is required to be restored from a server backup performed by HostBacon a $25.00 fee will incur.

abuse policy

HostBacon forbids any form of network abuse including but not limited to "denial of service" attacks. Any form of bandwidth abuse, IP abuse or network abuse will not be tolerated. Any user generating any form of abuse will be subject to a 24 hour notice period; this period must be used to clear up any abuse problems emanating from his/her account. If within this period the abuse problem(s) are not resolved, the user will be subject to immediate termination of service without liability or refunds. If a user is found to be deliberately using the HostBacon network to perform network attacks the user will be permanently removed from our network.

liability

Our liability for any breach of the terms will be limited to the re-supply of the services. HostBacon is not liable to the client or any other person for any cost, loss or liability including loss of profit, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the service. The client warrants that at the time of entering into this agreement the client is not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document. The client accepts responsibility for all information and material published through the web hosting service and will not violate copyright or other intellectual property rights, download, reverse engineer, change, pass on, or sell any software residing on the HostBacon servers that are not the clients property.

security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server.

These Terms of Service are due to change at any time without notice. Last updated on 15th May 2014.