Terms of use for makeawebsite.com.au

makeawebsite.com.au is a division of FJ Mancer Trading Company Pty Ltd. 

The terms of use below constitute a legal agreement between you (customer) and makeawebsite.com.au. Your agreement to be bound by these terms is acknowledged by your use of makeawebsite.com.au Services, Support Services and/or any makeawebsite.com.au software made available to you. 

Customer's Account Fees
makeawebsite.com.au will charge the customer the appropriate fee, depending on the customer's order. The customer chooses whether a domain name registration should be included in his/her account.

Hosting Account Expiration - Paypal Payment Subscription
It is a requirement that the Paypal annual subscription be valid and remain in place at all times for the continuation of the hosting contract. Cancellation of the Paypal subscription without communication from the customer to makeawebsite.com.au or a renewal of the subscription within 7 days will forfeit the subscription contract held between the Customer and makeawebsite.com.au resulting in the withdrawal of all services, with no refunds given for the balance of any paid period of subscription. If it is the intent of the customer to no longer continue with their subscription the customer needs to indicate this in writing at least 7 days before the next subscription period and their subscription will expire at the end of the current subscription date.

Additional Services and Products
The additional services and products, listed below can be provided by makeawebsite.com.au upon customer's request on the following terms:

Domain Names
The registration and the renewal of the customers chosen domain name will be included in the initial and renewal fees for the makeawebsite.com.au hosting account account and will not be subject to additional fees only if the domain name meets all of the conditions below: 

   1. The domain name registration is requested by the customer at the time of the initial account setup
   2. The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service
   3. The domain name has one of but not limited to the following extensions: .com.au, .com, .net.au, .co.nz .au.com

In case of a cancellation request of an account, which includes a free domain registration by makeawebsite.com.au, the customer is withheld $24.95 for each year, or part thereof, for the current domain name registration period, and if renewal of the domain is later requested by the customer a renewal fee is due.

Other Domain Names
All domain names that are registered by makeawebsite.com.au on a Customer’s request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable.

Domain names registration and management
For all domain names ordered by a customer, where makeawebsite.com.au is giving free use of any domain name, the customer gives makeawebsite.com.au the right to register, manage and own that domain name. makeawebsite.com.au reserves the right to register any domain name with a registrar of their choise. Access to the domain name management tool is restricted to makeawebsite.com.au.

Domain Name Transfer
The customer, when providing their domain name password (or registry key) for an existing domain namecan transfer a domain name to makeawebsite.com.au. The domain transfer is possible only if the customer ensures that: 

   1. The domain name to be transferred is not in 'locked' Status.
   2. The customer has access to the administrative contact email for the domain.
   3. The customer can provide makeawebsite.com.au with the domain password or registry key
   4. There are more than 15 days till the domain name expiration date.
   5. The domain name was registered for the first time more than 60 day ago.
   6. The domain name has one of, but not limited to, the following extensions: .com.au, .com, .net.au, .co.nz .au.com

makeawebsite.com.au cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above. Renewal fee for any transferred domain converted into a primary domain are due at the end of the registration period for the Domain Name.

Private SSL Certificate
If independant SSL Certificates are required, makeawebsite.com.au will charge the customer the appropriate fee, depending on the customer's order of the SSL certificate. The fee is applied and should be paid on a per year basis. The fee is non-refundable and includes the following services:

   1. One year registration of an SSL certificate on the name of a company, specified by the customer.
   2. Installation of the SSL certificate on the customer's account.
   3. Dedicated IP for the SSL added to the customer's account.

Any SSL certificate can be used only with the domain name, specified by the customer in the SSL certificate order form. The customer is fully responsible for the correctness of the information filled in by him/her during the SSL certificate order process.

Renewal fee is due for the SSL certificate one year after the initial SSL certificate registration.

Dedicated IP
Dedicated IPs can be added to each customer's account. This is done only if the reason for the dedicated IP request is approved by makeawebsite.com.au. In such a case makeawebsite.com.au will charge the customer the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.

SiteBuilder
The basic version of the SiteBuilder is included in the fee of the customer's account. The customer can upgrade the SiteBuilder version. makeawebsite.com.au will charge the appropriate fee for the SiteBuilder upgrade.

The SiteBuilder is a third party software and is provided on an as is as available basis. makeawebsite.com.au does not guarantee that any specific results can be obtained by using the SiteBuilder. makeawebsite.com.au does not take responsibility for any faults in the SiteBuilder functioning or for any data loss as a consequence of it's use.

makeawebsite.com.au reserves the right to display a discreet link to makeawebsite.com.au website on all sites hosted.

makeawebsite.com.au Linux shared account and additional services and products come with the features and prices, as described in the makeawebsite.com.au hosting account Section on the makeawebsite.com.au website on the date of the customer's payment. makeawebsite.com.au reserves the right to decide if any changes made to the makeawebsite.com.au products, prices or discount policies after the customer's payment should be applied to the customer's account.

The Customer is solely responsible to provide all the needed information, so that makeawebsite.com.au can provide the ordered service. If any information is missing after the order is submitted, makeawebsite.com.au will request it from the customer additionally. If the customer does not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.

makeawebsite.com.au service fees do not include sales, use, transfer, privilege, excise or other taxes other than GST imposed by any taxing authority with respect to the Services provided hereunder. The Customer is solely responsible for paying all applicable taxes.

Service Cancellation By the Customer
Any service provided by makeawebsite.com.au can be cancelled only after the customer requests the cancellation by sending an email from the makeawebsite.com.au website at least 7 days before any subscription renewal pament date.

If a makeawebsite.com.au hosting account is cancelled by the client within 30 calendar days from submission of the application form, they are entitiled to a refund of monies paid, less costs of $50.00 plus GST for the domain name registration and adminisration costs. If a request to cancel is received after this period the client is not eligible for a refund, unlesss makeawebsite.com.au fails to provide the services as outlined on this website at the time of registration and payment submission.

Service Cancellation by makeawebsite.com.au 
makeawebsite.com.au may also cancel any of its services immediately with no prior notice and with no refund, if makeawebsite.com.au determines in good faith that Customer's use of the service violates the terms of use.

Customer's use of account resources
The Customer should use all recourses provided by makeawebsite.com.au in a manner that does not endanger the quality of the overall server performance. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. makeawebsite.com.au has the right to decide what constitutes a violation of the terms below:

Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance with the customer's hosting plan. If the monthly traffic limit is reached before the end of the month the customer will be billed on a pro-rata basis for any excess. No traffic can be transferred from month to month.

Customer's use of parked domains
The Parked domain feature allows the Customer to have more than one domain names pointing at the same content as the primary domain of the account. The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way. Fees payable for parked domains will be negotiated on a job by job basis.

Customer's use of email service
The Customer should use the email and other related services in full compliance with the terms below:

1. Each customer's account is allowed to send a maximum of 200 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
3. makeawebsite.com.au allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance. 

Customer's use of Database Resources
Current Hosting packages do not include the use of MySQL databases, but can do so on a negotiated basis. Any use of MySQL database server resources must be done in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries for longer than 1 second at any given time endangers the overall server performance. The customer is responsible to manage his/her database(s) so that it is in compliance with this policy.

Customer's Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.

Customer's use of other shared resources
Customers should use the shared server resources in a way that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Simultaneous execution of too many scripts can also endanger the server performance. Cron Jobs (if offered) with a period shorter than 30 minutes between executions can also endanger server performance and will not be allowed.

In rare cases makeawebsite.com.au may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if makeawebsite.com.au decides that there is enough evidence that the violation will not be repeated and after a payment of a $50.00 re-activation fee.

Customer's Responsibilities related to his/her Account Confidentiality and Integrity
The customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.

The customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. makeawebsite.com.au cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.

The customer agrees to immediately notify makeawebsite.com.au of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. makeawebsite.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

The customer is fully responsible for all activities that are performed through his/her account. makeawebsite.com.au has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. makeawebsite.com.au cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the customer is not aware of and/or has not authorized such use.

Customer's Responsibilities Related to Actions that Cause Harm to makeawebsite.com.au
The Customer is responsible not to engage in or to instigate actions that cause harm to makeawebsite.com.au or other makeawebsite.com.au customers. Such actions include, but are not limited to, actions resulting in blacklisting any of makeawebsite.com.au IPs by the any online spam database, actions resulting in DOS attacks for any of the makeawebsite.com.au servers, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. makeawebsite.com.au has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.

Customer's Responsibilities related to his/her account content performance
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. The Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the makeawebsite.com.au server's hardware and software. The specifications of the makeawebsite.com.au hardware and software will be provided upon writeen request for such by use of the contact us form from the makeawebsite.com.auwebsite. makeawebsite.com.au cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by makeawebsite.com.au.

Acceptable Use Policy
Customer should use all services provided by makeawebsite.com.au for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, makeawebsite.com.au may take immediate corrective actions including immediate suspension of (or deletion), from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund. makeawebsite.com.au has the right to decide what constitutes a violation of the terms below.

By using any makeawebsite.com.au Services: 

• You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
• You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum
• You agree not to make, attempt or allow any unauthorized access to makeawebsite.com.au website, servers, your own hosting account or the account of any other makeawebsite.com.au customer.
• You agree not to allow any remote code execution of malicious software trough your hosting account at makeawebsite.com.au
• You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against makeawebsite.com.au servers and facilities or the servers and facilities of other network hosts or Internet users.
•  You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
• You agree that you will not use your makeawebsite.com.au account for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc. 

You agree that you will not use makeawebsite.com.au services to host any website, other content, links or advertisements of websites that: 

•  infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information
•  are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising
• contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property
• contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3)
•  contain any kind of proxy server or other traffic relaying programs.
• Promote Money Making Schemes, Multi-level Marketing or similar activities
• Contain Torrent trackers, Torrent Portals or similar software.

Technical Support
makeawebsite.com.au provides Technical Support to its customers (at no additional fee) only for hosting related and Site Builder related issues. makeawebsite.com.au has the right to decide what is a non-hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the customer for providing non-hosting related support are non-refundable.

The Customer can request technical support only by contacting us via the makeawebsite.com.au website forum. makeawebsite.com.au will have no liability to provide technical support if it is requested in any other way apart from this method.

The customer must provide makeawebsite.com.au with all information and access to facilities that makeawebsite.com.au may reasonably require to provide the requested Technical Support. makeawebsite.com.au cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information.

makeawebsite.com.au will act in good faith to provide the requested technical support in the time frame expected by the customer and to achieve the results required by the customer. However, makeawebsite.com.au has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.

makeawebsite.com.au will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with makeawebsite.com.au provision of technical Support requested by customer.

The customer should not abuse makeawebsite.com.au contact form. Abuse of the makeawebsite.com.au contact form includes, but is not limited to, excessive number of uses by a single customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for use, etc. Any abuse of the makeawebsite.com.au contact form may result in warning, access restrictions, hosting account suspension or possible hosting account termination with no refund.

Third Party Software Products
The customer can use third party software on his/her account only if it is compatible with makeawebsite.com.au servers and is approved by makeawebsite.com.au. The customer's use of any third party software is at the customer's own risk. makeawebsite.com.au cannot be responsible for any third party software performance.

Assistance with third party software may be provided by makeawebsite.com.au only upon customer's request. makeawebsite.com.au may charge an additional fee for such assistance, depending on the nature of the work required.

The Customer is solely responsible for any license and other fees required by the software providers, for using any third part software installed on the customer's account apart from the initial makeawebsite.com.au account setup.

Backup Policy
makeawebsite.com.au act in good faith to create a backup copy of each customer's account once a week. However, these copies are intended for makeawebsite.com.au internal use only. The Customer is solely responsible for making backup copies of his/her web site and content (Premium packages only). makeawebsite.com.au has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.

makeawebsite.com.au cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.

99.9% Server Uptime Guarantee
For annual downtime of more than 0.1% on the server(s), where the customer's website is hosted, the customer will receive compensation if all the conditions below are met:

1.  The customer has used the makeawebsite.com.au hosting service for at least 12 months.
2. The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods. .
3. The reason(s) for the server downtime occurrence(s) were NOT beyond makeawebsite.com.au influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
4. The customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.

The customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.

Loss of Email Messages
makeawebsite.com.au cannot be liable for loss of emails, which are not sent to an existing mailbox at the customer's domain. Due to our SPAM protection policy, makeawebsite.com.au is not always able to notify the sender of the email that such a mailbox does not exist.

makeawebsite.com.au Services Ownership The person/organization, whose information is provided in the registration form is considered by makeawebsite.com.au as the OWNER of the service. Initially this information is automatically filled by makeawebsite.com.au using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership needs to be done by way of the makeawebsite.com.au contact form. The owner is solely responsible to ensure details providedto makeawebsite.com.au are correct at all times.

makeawebsite.com.au will contact the Owner in any event connected with the ordered service. makeawebsite.com.au will also consider the owner as the only one authorized to make requests to makeawebsite.com.au connected with the ordered service.

This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true: 

   1. The Owner is the same as the Payer
   2. The Owner, has contacted makeawebsite.com.au and agreed that the ownership is transfered to the Payer.

In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the makeawebsite.com.au ownership policy. Any dispute about ownership that can arise will be settled by makeawebsite.com.au based on the ownership policy described above. makeawebsite.com.au will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

Disclaimer
The customer understands and agrees with the fact that makeawebsite.com.au does not control and is not responsible for the content of data, scripts, or other information passing through makeawebsite.com.au's host computers, network hubs and points of presence on the Internet. makeawebsite.com.au cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by makeawebsite.com.au.

The makeawebsite.com.au Services are provided on an as is, as available basis and are used on the customer's own risk. No warranties related to makeawebsite.com.au services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. makeawebsite.com.au makes no warranties that its services will not be interrupted or will be error free. makeawebsite.com.au does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a makeawebsite.com.au employee, owner or agent can be viewed as a warranty of any kind. The customer understands and agrees that makeawebsite.com.au cannot compensate the customer with a value exceeding the total price the customer has paid for the makeawebsite.com.au services.

makeawebsite.com.au reserves the right at its sole discretion to refuse or cancel service. Violation of any of makeawebsite.com.au's Terms could result in a warning, suspension, or account termination.

In case of any lawsuit against makeawebsite.com.au, resulting from a customer's violation of law or the above Terms of Use the customer will pay all damages, as well as attorney fees. All transactions will be considered to be done within the local jurisdiction of Berowra Heights, NSW. Any matter that requires a court appearance will be done so within the Hornsby Local district courthouse.

The terms of the Disclaimer section shall survive any termination of this agreement.

Changes to these terms and conditions
makeawebsite.com.au reserves the right to change the above terms of use at any time and does not require the notification of the changes to any persons or oganisations currently using makeawebsite.com.au services. Such changes will become effective and binding after their posting on makeawebsite.com.au's website. The customer agrees to regularly review makeawebsite.com.au Terms of Use and be aware of the changes made. By continuing to use the makeawebsite.com.au services after a revision has been posted, the customer agrees to abide by them.