Portfox Design reserves the right to suspend or cancel an account holder's access to any or all services provided by Portfox Design when Portfox Design decides (at its absolute discretion) that the account has been used in contravention of the Acceptable Use Policy, inappropriately used or otherwise.
SERVER USE
Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting services to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads. Reseller account holders may however resell our Reseller packages.
Portfox Design reserves the right to refuse service and/or access to its servers to anyone.
Portfox Design do not allow any of the following content to be stored on its servers:
1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
2. Scripts - Any Script that may create a load on the server.
3. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Portfox Design.
4. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
BANDWIDTH
Each account has an allocated site bandwidth allowance. If this is exceeded contiguously by a rate of 10% or more, the account holder is liable for the cost of the exceeded bandwidth amount. Bandwidth is monitored and Portfox Design reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $2.00 per GB per month in excess of that allowed for the account holder.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. When a website is found to be excessively using the resources available, Portfox Design reserves the right its sole discretion, to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate account holders may be offered an option whereby Portfox Design continues hosting the website for an additional fee.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Portfox Design reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due either on each yearly anniversary or monthly on the first day of each month. Part months will be charged pro rata from the date the account was established. All accounts are automatically renewed at the end of each prepaid period unless written closure notification is received (and such receipt is confirmed by Portfox Design to the account holder) at least 15 days prior to the end of the prepaid period.
All invoices will be sent directly to account holders via e-mail. No bills or invoices will be sent by regular mail.
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Portfox Design runs a limited number of payment options.
Cheque Payment - This option is only available to account holders who pay annually. Direct Bank Transfer - This option is available to account holder that pay annually.
CANCELLATION AND REFUNDS
Portfox Design reserves the right to cancel the service at any time if it believes the account is being misused, account holders are not entitled to any refund. Account holders may cancel their account at any time. Any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
Domain Names
Domain name purchased, are non-refundable.
Extra Charges
These only apply under the following terms:
1. Package Change - $25
2. Package Domain Change - $30
3. Suspended Account Re-Activation Fee - $15
4. Dishonored or Declined Payment Fee - $25
5. Restore from Backup - $25
6. Backup of Site Data or Database - $50
GOVERNING LAWS
The agreement between you and Portfox Design shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
SEVERABILITY
Each provision of the agreement between you and Portfox Design including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
INDEMNIFICATION
The account holder agrees that it shall defend, indemnify, save and hold Portfox Design harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Portfox Design, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Portfox Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Portfox Designs' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Portfox Design' server and any defamatory or allegedly defamatory material on Portfox Design servers.
DISCLAIMER
Portfox Design will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Portfox Design makes no warranties of any kind, expressed or implied for services we provide. Portfox Design disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Portfox Design and its employees or otherwise. Portfox Design reserves the right to revise its policies at any time.
