This document was last updated on the 6th of February 2020 and is effective from that date.

Your use of Cloud Column’s services is subject to the terms and conditions set forth in this General Services Agreement (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Cloud Column has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Cloud Column and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please lodge a support ticket.

Summary

Eligibility, Registration and Account Security 

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined in the Agreement), we need to make sure that you are able to legally contract with Cloud Column.

Subscriber’s Responsibilities

All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of Cloud Column Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with Cloud Column and utilize hardware and software that is compatible with the Services.

Payment

Cloud Column offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.

Term and Automatic Renewal

To ensure uninterrupted service, Cloud Column’s services will automatically renew on your renewal date. This section explains this process in more detail.

Termination and Non-Payment

Cloud Column offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 month, 1 year, etc). Even though we do not want you to, we know that one day you might want to leave Cloud Column. The instructions to cancel or disable automatic renewal can be found here.

Refund Policy

This section describes Cloud Column’s 14-Day Money-Back Guarantee. If you purchase an account with a fourteen (14) day money-back guarantee and cancel during the first forty (40) days of your term, you may receive a full refund of all basic hosting fees paid. This excludes domain name purchases which are final.

Resource Usage

Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.

Governing Law and Arbitration

The governing law and jurisdiction provision as set forth in Section 23 shall apply to all Subscribers.

The Agreement is an agreement between Cloud Column (“us,” “we,” “Cloud Column,” or the “Company”) and you (“Subscriber” or “you” and “your”). The Agreement sets forth the general terms and conditions of your use of the products and services made available by Cloud Column and through the Cloud Column website (collectively, the “Services”). By using the Services, you agree to be bound by the Agreement. Please read the Agreement carefully.

We may in our sole discretion change or modify the Agreement at any time. We will post a notice of any significant changes to the Agreement on the Cloud Column website for at least thirty (30) days after the changes are posted and will indicate the change and effective date at the top of the Agreement. Any changes or modifications to the Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

1. POLICIES

Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements.

Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services. 

  1. Privacy Policy
  2. Acceptable Use Policy
  3. Data Request Policy
  4. Anti Spam Policy
  5. Ownership Dispute/Change Policy
  6. Domain Registration Agreement

2. ELIGIBILITY, REGISTRATION, AND ACCOUNT SECURITY

  1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
  2. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
  3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Cloud Column, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
  4. You acknowledge and accept that despite the security measures Cloud Column takes in connection with the Services, Cloud Column’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Cloud Column may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Cloud Column shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.

3. PROHIBITED PERSONS (COUNTRIES, REGIONS, ENTITIES, AND INDIVIDUALS)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Australian Department of Foreign Affairs and Trade (DFAT). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of Australian Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of DFAT sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) listed on the Consolidated List of Sanctioned persons and entities maintained by DFAT or otherwise owned, controlled, or acting on behalf of such a person; or (c) otherwise a prohibited party under Australian Trade Laws. Unless otherwise provided with explicit written permission, Cloud Column also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of DFAT sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. For more information about sanctions, please see the DFAT Website.

4. CLOUD COLUMN CONTENT

Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Cloud Column Content”), are the property of Cloud Column or its licensors. No Cloud Column Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Cloud Column Content. Any use of the Cloud Column Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Cloud Column Content granted herein. All rights of Cloud Column or its licensors that are not expressly granted in this Agreement are reserved to Cloud Column and its licensors.

5. SUBSCRIBER CONTENT

  1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Cloud Column that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
  2. You acknowledge and agree that Cloud Column may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Cloud Column’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Cloud Column shall have no liability due to any corrective action that Cloud Column may take, including without limitation suspension or termination of Services.
  3. You hereby grant to Cloud Column, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Cloud Column is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

6. PAYMENT CARD INDUSTRY SECURITY STANDARD DISCLAIMER

Cloud Column complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Cloud Column will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard. All of our payments are captured through Stripe, whose policies you can view at https://stripe.com/au/privacy.

7. COMPLIANCE WITH APPLICABLE LAW

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Australia or the country in which you reside. The Services are controlled and operated by us from our offices within the Australia (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

8. ADDITIONAL USER RESPONSIBILITIES

  1. You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.
  2. You will cooperate fully with Cloud Column in connection with Cloud Column’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for  Cloud Column’s performance of its obligations that depend on your performance.
  3. You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Cloud Column to provide the Services, which hardware and software may be changed by  Cloud Column from time to time in its sole discretion.
  4. You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of Cloud Column’s servers. This is an affirmative duty. Cloud Column is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
  5. You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
  6. You will not use the Services in any manner, as determined by Cloud Column in its sole discretion, that:
    1. Engages in or promotes illegal activity;
    2. Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
    3. Infringes the intellectual property rights or other proprietary rights of any third party;
    4. Violates the privacy rights or publicity rights of any third party;
    5. Interferes with the operation of the Services; or
    6. Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.

9. THIRD PARTY WEBSITES

The Services may contain links to other websites that are not owned or controlled by Cloud Column (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

10. PAYMENT

  1. Fees Due. You will pay to Cloud Column all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein. 
  2. Pricing. Cloud Column may change our prices from time to time. Cloud Column may increase the fees for the Services (i) as permitted in the applicable Service description published on the Cloud Column website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Cloud Column through the Subscriber billing tool or other methods of communications and notices sent or posted by Cloud Column. 
  3. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided herein. All such taxes may be added to Cloud Column’s invoices for the fees as separate charges to be paid by you. 
  4. Add-On Services. If you purchase certain add-on services from Cloud Column such as Domain Privacy, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Cloud Column is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
  5. Disputes. You have ninety (90) days to dispute any charge or payment processed by Cloud Column. If you have a question concerning a charge you believe is incorrect, please call us at lodge a support ticket on our website. If you initiate a chargeback, there may be a minimum charge of $50.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
  6. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.

11. TERM AND AUTOMATIC RENEWAL

  1. Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). 
  2. Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, Cloud Column shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice. 
  3. If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least fourteen (14) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.
  4. Disabling automatic renewal option:
    1. Login to your Cloud Column Account, view the Product, and select Request Cancellation with the Cancellation Type “End of Billing Period”; or, 
    2. Lodge a Support Ticket via the Cloud Column website.

12. TERMINATION AND NON-PAYMENT

  1. Failure to Pay: If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Cloud Column, including without limitation, any arbitration and legal fees and Cloud Column’s reasonable legal fees. If any bank transfer fails to occur due to insufficient funds, Cloud Column may impose a minimum processing charge of $5.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services. 
  2. Termination Procedure: You may terminate the Services you purchased at any time during the Term by giving Cloud Column notice by lodging a support ticket or logging into you Cloud Column Account, viewing the Product, and selecting Request Cancellation with the Cancellation Type “Immediate”. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Cloud Column’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the fourteen (14) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Cloud Column to cancel your account.
  3. Termination by Cloud Column: Cloud Column may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due to Cloud Column; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Cloud Column or others, cause Cloud Column or others to incur liability, or disrupt Cloud Column’s business operations (as determined by Cloud Column in its sole discretion); (iv) you are abusive toward Cloud Column staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, Cloud Column will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Cloud Column may also terminate your services for any reason by providing 30 days notice, offering alternate hosting services, and providing full refunds for any outstanding fees paid.
  4. Modification of Services: Cloud Column reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  5. Data Deletion: Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. Cloud Column is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore. 

13. REFUND POLICY

  1. 14 Day Money-Back Guarantee
    1. If you purchase an account with a fourteen (14) day money-back guarantee, you may receive a full refund of all hosting fees paid (the “Money-Back Guarantee Refund”) if you cancel within the first fourteen (14) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by lodging a Support Ticket via the Cloud Column website. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section. Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services and do not apply to domain registration fees, setup fees, or any fees for additional Services.
    2. The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
  2. Domain Registration Fees
    1. In the event the Subscriber requests a refund for services that includes a free domain name, the Subscriber shall be have the full cost of any provided domain deducted from any refund at regular pricing. Domain Names are non-refundable and, if purchased, become the property of you, the Subscriber.
  3. Cancellations After 14 days
    1. If a subscriber cancels their service after a money-back guarantee period, they will not be provided with a refund.
  4. Consumer Law
    1. Cloud Column will action any customer requests as per applicable Australian Consumer Law.

14. CLOUD COLUMN AS RESELLER OR LICENSOR

Cloud Column is a reseller or licensor of certain third party products and services (collectively, “Third Party Services”). Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. These services include (but are not limited to) Synergy Wholesale, Digital Ocean, Amazon Web Services, Ventra IP, and Polaris Mail. Cloud Column is not be responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Cloud Column to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Cloud Column’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Cloud Column only in connection with your permitted use of the Services unless otherwise expressly provided.

15 RESOURCE USAGE

  1. Acceptable Use Policy. Hosting space is intended for use in accordance with Cloud Column’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Cloud Column expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Cloud Column may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Cloud Column policies. You hereby agree that Cloud Column shall have no liability due to any action that Cloud Column may take, including without limitation suspension or termination of Services in connection with your violation of this section. 
  2. Hosting Space; Excessive Server Resources. Cloud Column sets defined limits on the amount of disk space a Subscriber can use for the Subscriber’s Website or charge fees based on the amount of storage used. Your use of Cloud Column’s resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Cloud Column may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Cloud Column reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
  3. Unlimited Bandwidth Cloud Column does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does Cloud Column charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Cloud Column reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers. If a Subscriber uses a large amount of Bandwidth that is not sustainable (at Cloud Column’s discretion), a Subscriber will be required to purchase a third-party CDN from a provider of their choice. 

16. PARKED DOMAIN SERVICES

By registering for the Services you agree that Cloud Column may point your domain name or DNS to one of Cloud Column’s or Cloud Column’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Cloud Column to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.

17. RESELLER PROGRAM

In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a Subscriber participating in a Cloud Column Reseller Program (“Reseller”), utilizing their account to provide Reseller services: 

  1. Reseller shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Agreement. 
  2. Reseller cannot make any modifications to this Agreement. Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller’s accounts. Cloud Column is not responsible for any modifications made to this Agreement by Reseller.
  3. In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Agreement, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement. In addition, Cloud Column, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
  4. Cloud Column is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify Cloud Column from and against any and all claims made by any Subscriber or third party arising from the Reseller’s acts or omissions. 
  5. Cloud Column reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us. 
  6. Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. Cloud Column reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.

18. TECHNICAL SUPPORT

  1. Except as described otherwise stated below, Cloud Column will provide technical support via our Support Portal on our Website. You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Cloud Column’s Technical Support Services, you grant Cloud Column permission to access your account, if necessary, to resolve your issue. You agree that Cloud Column and its agents and employees are not liable for any damage resulting from the provision of customer support. 
  2. Ineligibility for Technical Support Services: Cloud Column will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Cloud Column’s control, or (ii) your failure or refusal to implement changes recommended by Cloud Column; or (c) you are abusive toward our staff in any manner.

19. DISCLAIMER

You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Cloud Column exercises no control over, and accepts no responsibility for, the content of the information passing through Cloud Column’s host computers, network hubs and points of presence or the Internet.

20. LIMITED WARRANTY

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” CLOUD COLUMN AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CLOUD COLUMN PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE CLOUD COLUMN PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE Cloud Column PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY CLOUD COLUMN OR CLOUD COLUMN’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. CLOUD COLUMN DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. CLOUD COLUMN DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR CLOUD COLUMN IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

21. LIMITATION OF LIABILITY

  1. CLOUD COLUMN SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE CLOUD COLUMN PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF CLOUD COLUMN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLOUD COLUMN’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLOUD COLUMN FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, CLOUD COLUMN’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

22. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Cloud Column Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Cloud Column Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from Cloud Column’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.

23. GOVERNING LAW AND JURISDICTION

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Queensland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in the State of Queensland, Australia. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. 

24. MISCELLANEOUS

  1. Backups: For its own operational efficiencies and purposes, Cloud Column from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON CLOUD COLUMN SERVERS, AND under no circumstance will Cloud Column be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any Cloud Column server. Cloud Column will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
  2. Independent Contractor: Cloud Column and Subscriber are independent contractors and nothing contained in this Agreement places Cloud Column and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever. 
  3. Headings: The headings herein are for convenience only and are not part of this Agreement.
  4. Entire Agreement: This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. 
  5. Severability: If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect. 
  6. Waiver: No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof. 
  7. Assignment; Successor: You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Cloud Column. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Cloud Column may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. 
  8. Force Majeure: Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder. 
  9. Third-Party Beneficiaries: Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specific


HOSTING TERMS AND CONDITIONS

1. Agreement

These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.

These terms also apply to every user of the Service. It is a condition of your use of the Service that:

  1.  you comply with these terms and conditions;
  2. you make every User aware of these terms and conditions; and
  3. you ensure that every User complies with these terms and conditions.

CHANGES TO THESE TERMS AND CONDITIONS

These terms and conditions are subject to change as time goes by.

We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.

DURATION OF THIS AGREEMENT.

This agreement commences on the date you sign up for the Service by:

  1. Emailing your approval to host your website with Cloud Column and/or;
  2. Signing and returning a purchase order to us.
  3. Payment of your invoice

This agreement continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason:

  1. our obligation to provide the Service to you ceases;
  2. you must not attempt to use or access the Service after the date of termination;
  3. each party’s rights and obligations accrued prior to termination are not affected;
  4. we may delete all of your data from any storage media; and
  5. clauses 7 and 9 continue.

If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid hosting fees.

2. Server / Network Maintenance.

SCHEDULED MAINTENANCE.

In order to keep its servers up to date, the Service Provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

The Service Provider will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.

UNSCHEDULED MAINTENANCE.

Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.

3. Client Data and Data Backup.

UPLOADING CLIENT DATA

Except for intellectual property rights in the Client Datathe Service Provider and Cloud Column will own all intellectual property rights created during the course of providing the Service.

Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by Cloud Column and the Service Provider from time to time.

You must ensure that all Client Data:

  1. complies with any content standards set by the Service Provider or Cloud Column from time to time;
  2. complies with the Acceptable Use Policy;
  3. complies with all Laws; and
  4. does not infringe the intellectual property rights of any person.

the Service Provider and/or Cloud Column may remove any Client Data it considers unsuitable.

DATA BACKUP

It is your responsibility to maintain local copies of your web content and information. The Service Provider performs weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

UPDATES OF WEBSITE SOFTWARE

From time to time, the Service Provider and Cloud Column Ltd may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:

  1. the security of your website and Client Data may be compromised

4. Sub-domains and Account Rights.

SUB-DOMAINS

The Service Provider may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Service Provider .

The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:

  1. you will be provided with a domain name or sub-domain by the Service Provider;
  2. any particular domain name is or will continue to be available for you to use; or
  3. no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.

If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.

We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Service Provider’s supply or failure or delay in supplying these sub-domains.

HOSTING PLAN

At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:

  1. disk space (web files, email and database);
  2. maximum monthly level of traffic usage before incurring extra traffic costs;
  3. number of domains, sub-domains and domain aliases;
  4. mySQL databases; and
  5. email mail lists,

that is included in the Services.

NO RESALE

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

ACCESS TO ACCOUNT

Access to your account using the Service includes access to:

  1. your website; and
  2. File Access: files stored on the website/hosting account, via the Joomla Media Manager.

The Service does not include access to the Service Provider’s hosting account.

You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.

TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES

The Fees include the provision of normal web hosting and server maintenance services.

At your request, we may carry out Additional Services for you, for example:

  1. technical support for application specific issues, such as PHP, html or script installation

You must pay for all Additional Services that you request at our then current Professional Rates.

SUSPENSION OR TERMINATION OF ACCOUNT

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.

We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:

  1. we believe that your use of the Service may be in breach of any law;
  2. we believe that you or a User has committed a breach of this agreement;
  3. we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider’s systems or networks; or
  4. the Service Provider suspends or terminates your account.

If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or Cloud Column in respect of any action reasonably taken by us or the Service Provider under this clause 4, and you indemnify the Service Provider and Cloud Column against any claim by a User arising out of the same.

5. Payment.

BILLING.

At the commencement of this agreement, the following billing method is implemented:

  1. annual billing for the hosting fees applicable to your Hosting Plan;.

You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.

FEES.

You are liable to pay the following fees:

  1. the setup fee (if any) that we advise you of at the commencement of the agreement;
  2. fees for Excess Traffic Usage (if any) for each month, and
  3. fees for Excess Storage (if any) for each month,
  4. fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,

collectively, the Fees.

The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.

The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with Cloud Column.

At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.

CHANGES TO FEES.

Our current Fees are set out in your quotation. They will apply to you for the duration of the billing period.

We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the Cloud Column website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.

INVOICING.

Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Cloud Column.

We reserve the right to immediately terminate the Service if payment is not received timely.

The Service Provider and Cloud Column are not responsible for data integrity on accounts suspended for non-payment.

GST.

Unless we expressly state otherwise, all fees and charges do not include GST.

If at any time we decide that GST is payable on supplies made by us, or if the Australian Taxation Office assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the fees or other charges (as the case may be) at the GST rate prevailing at the relevant time. We reserve the right to recover from you at any time such an amount on account of GST on supplies made by us to you under this agreement.

6. Limitations of Service

You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:

  1. the services provided under this agreement will not be uninterrupted or error free;
  2. the services may not meet your requirements; and
  3. your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.

7. Liability

7.1 IF YOU ARE NOT A CONSUMER:

  1. our liability to you for any Loss, however caused (including by our negligence), that you suffer or incur in connection with the Service or this Agreement, whether or not you were aware of the possibility of such Losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement;
  2. the maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason;
  3. we are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement) sustained by the you or any other person arising from or in connection with the Service or this agreement;
  4. we are not liable for any Losses you suffer or incur by or in connection with the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; and
  5. we are not liable for any Losses you suffer or incur due to factors outside our reasonable control.

7.2 IF YOU ARE A CONSUMER, OUR LIABILITY TO YOU FOR FAILURE TO APPLY WITH ANY APPLICABLE CONSUMER GUARANTEE IS LIMITED TO (AT OUR ELECTION):

  1. in relation to goods:
    • replacing the goods or supplying equivalent goods (or paying the cost of either); or
    • repairing the goods, or paying the cost of having the goods repaired;
  2. in relation to services:
    • resupplying the services to you; or
    • paying the cost of having the services resupplied.

7.3 IF YOU ARE A CONSUMER, OUR LIABILITY TO YOU FOR ALL LOSSES, HOWEVER CAUSED (INCLUDING BY OUR NEGLIGENCE), SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, OTHER THAN A FAILURE BY US TO COMPLY WITH ANY APPLICABLE CONSUMER GUARANTEE, IS LIMITED AS SET OUT IN CLAUSE 7.1 ABOVE.

7.4 CLAUSES 7.2 AND 7.3 DO NOT APPLY:

  1. in relation to a Title Guarantee;
  2. to the extent that it is not Fair or Reasonable for us to rely on them; or
  3. in relation to Consumer Goods or Consumer Services we supply to you.

7.5 ANY CONDITION OR WARRANTY WHICH WOULD BE IMPLIED BY LAW AS A TERM OF THIS AGREEMENT IS EXCLUDED.

8. You agree to abide by the Service Provider’s Acceptable Use Policy.

You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

You must, and you must ensure that any User does, comply with the Acceptable Use Policy at all times in relation to the Service.

The Service Provider reserves the right to immediately discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and these terms and conditions. We are not liable for any Losses that you suffer as a result of any such discontinuation.

9. You indemnify us.

The Client agrees to indemnify and hold harmless the Service Provider and Cloud Column and the employees and agents of the Service Provider and Cloud Column (together, “Indemnified Parties”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber’s use of the Services and Products, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

This clause 9 does not apply:

  1. if you are a Consumer, in relation to any Losses that arise from our breach of a Consumer Guarantee or Title Guarantee;
  2. in relation to Consumer Goods or Consumer Services we supply to you; or
  3. to the extent that it is not Fair or Reasonable for us to rely on it.

10. Governing Law

This agreement and the transactions contemplated by this agreement are governed by the law of Queensland.

11. ACCEPTABLE USE POLICY

This is the Service Provider’s Web Hosting Acceptable Use Policy. It applies to all Customers and all Users.

This Acceptable Use Policy may change if:

  1. the Service Provider changes it; or
  2. the Service Provider changes and a new Service Provider begins providing the Service.

If the Acceptable Use Policy changes:

  1. the Service Provider or Cloud Column will notify you of the change through the website or by email to clients, or both;
  2. the new Acceptable Use Policy will apply from the date that we or the Service Provider notifies you of it; and
  3. if you disagree with the new Acceptable Use Policy, you may terminate this agreement by providing 14 days’ notice to Cloud Column as set out in clause 1.

Terminology.

Customer: the person or company which has entered into an agreement with Cloud Column for supply of Services whether via our website or otherwise.

Service: hosting and domain registration services offered by the Service Provider, Ventra IP, and Cloud Column that you use, and that is subject to the limitations set out in clauses 2, 3, 4, 6 and 11.

Users: users of the Service by the Customer.

General.

The Service Provider and Cloud Column are not responsible for the content of traffic:

You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.

Account Uses.

You may use the service for the purpose of web site hosting so long as such use is legal and does not constitute an unacceptable use.

The Service Provider does NOT allow ADULT material of any kind. Adult material includes nudity, porn, etc. Links to other web sites containing adult material are NOT permitted either. The Service Provider reserves full right to suspend any account that does not comply with this guideline.

You may not use the Service for any purpose that violates local, State, Federal or international laws.

You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.

The Service Provider’s services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Service Provider remains the final arbitrator of what is or is not considered spam on the Service Provider’s network.

Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.

You may not abuse our server resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of the Service Provider’s servers. In addition any domain that exceeds reasonable bandwidth usage can be terminated without prior notice.

You may not use the Service Provider’s servers for development purposes unless previously arranged. The Client’s web site must be fully developed and tested before it can be moved to our servers. If we find excessive number of errors in the web log files of your account, we reserve the right to suspend your account without prior notice until your web site is debugged.

You may not use your the Service Provider hosting account as a download repository. If you plan to offer files, other than web page files, for downloading, including music and video files, you must negotiate the terms with the Service Provider. We reserve the right to suspend such accounts without prior notice.

You may not use your account for hacking/cracking. We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The Customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Customer is responsible for securing their username/password.

We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may warn you by email (but we are not obliged to do so); suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or Cloud Column in respect of any action reasonably taken by the Service Provider in its implementation of the terms of this Acceptable Use Policy, and you indemnify the Service Provider and Cloud Column against any claim by a User arising out of the same.

12. General

Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.

This agreement does not create a relationship of employment, agency or partnership between the parties.

We may subcontract our obligations under this agreement.

The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.

If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.

13. Dictionary

Acceptable Use Policy means the Service Provider’s acceptable use policy set out in clause 11, as amended from time to time in accordance with clause 11.

Additional Services means web-based services that are not included in our normal web hosting and server maintenance services.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the Fair Trading Act 1989 (Qld).

Client Data means all information, files or data uploaded by the Customer via the Service to the Service Provider’s servers.

Consumer has the same meaning as in section 3 of the Australian Consumer Law.

Consumer Goods means “goods of a kind ordinarily acquired for personal, household or domestic use or consumption” as that expression is used in section 3 of the Australian Consumer Law.

Consumer Guarantee means a consumer guarantee applicable to this agreement under the Australian Consumer Law, (including any ‘express warranty’ within the meaning of section 2(1) of the Australian Consumer Law).

Consumer Services means “services of a kind ordinarily acquired for personal, household or domestic use or consumption” as that expression is used in section 3 of the Australian Consumer Law.

Customer, you or your means the person or organisation which has entered into an agreement with us whether via our website or otherwise.

Cloud Column, we or us means Adam Hammond T/A Cloud Column, ABN 39 446 331 087, PO Box 12, Clontarf Beach, Qld, 4019

Excess Traffic Usage means the traffic usage (if any) in excess of the monthly traffic limit included in your Hosting Plan.

Fees is defined in clause 5.

Fair or Reasonable means ‘fair or reasonable’ for the purposes of section 64A of the Australian Consumer Law.

Hosting Plan means the website hosting plan, described in your quotation that you select in accordance with clause 4.

Laws means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, mandatory codes of conduct, writs, orders, injunctions, judgments, determinations and statutory licence conditions.

Professional Rates means our fees for performing web-based services, as set out in your quotation, or as we otherwise advise you at the time that you request Additional Services.

Service means website hosting and domain registration services offered by the Service Provider and Cloud Column that you use, and that are:

  1. subject to the limitations set out in clauses 2, 3, 4, 6 and 11; and
  2. described in more detail in your quotation, according to your Hosting Plan.

Service Provider means the organisation that provides website hosting and domain registration services that you use via the Service.
That organisation may be Amazon Web Services, Digital Ocean, or another organisation nominated by us.

Title Guarantee means a guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.

User: a person who uses the Service with the Customer’s knowledge, authorisation or permission.

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