These terms & conditions represent our requirement to ensure you are informed of your obligations. In short you must respect the law and human rights. You also must not degrade service levels or participate in actions that effect other internet providers. Ignorance of the law or these conditions will result in your account being deactivated. You must also acknowledge that you are responsible for your actions.
Please ensure that you, the subscriber, have read these terms and conditions. You have requested Fluffyduck ("Fluffyduck Internet Services") to provide you ("The Subscriber") with a pay in advanced Internet hosting service, together with associated services and software such as email facilities, and customer support ("The Services"). If Fluffyduck chooses to provide the Services to the Customer, the Customer agrees to be bound by these terms and conditions. The subscriber has 24 hours from application to decline this agreement in the form of e-mail, fax or phone call. If after 24 hours there has been no correspondence then the subscriber agrees to these terms and conditions.
Fluffyduck typically communicates with its subscribers by email. In exceptional circumstances, urgent notifications may also be sent out by email/sms.
Fluffyduck's Services are subscription based. The subscriber will incur charges when using Fluffyduck's Service. Details of plans are available on our web site or by emailing support. The subscriber pays one calendar month in advanced. Automated billing will be run and invoices emailed out depending on the payment options selected by the subscriber. It is understood that all monies paid for Service are non-refundable in part or whole, unless otherwise required by law. We reserve the right to alter these charges and such alterations shall be notified to the subscriber by the giving of one month's notice via e-mail. Fluffyduck may keep any records in relation to the subscriber's use of Fluffyduck's Services. The use of these Services is at the subscriber's sole risk and is entirely the subscriber's responsibility.
The subscriber shall provide correct name, address & information when subscribing and will notify Fluffyduck of any changes. The subscriber's password must be secure and kept confidential at all times.
The subscriber acknowledges some of the content accessible on the Internet is unsuitable for minors and the subscriber agrees that no minor will use the Service with your logon name and password without your express permission. The subscriber acknowledges some of the content accessible on the internet may not be error free, virus free, uninterrupted or suitable for any particular purpose. Under no circumstances shall Fluffyduck be liable for any loss, damage of injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from the use of the system or information obtained from it. When using the system the subscribers take full responsibility morally, legally and ethically for their own actions. Fluffyduck can in no way be held liable for any actions or omissions caused by the subscriber. The subscriber must indemnify Fluffyduck from and against all action, claims, suits, demands, liabilities, cost or expenses arising out of or in any way connected to your use of the Service.
Acceptable Use Policy
All services provided by Fluffyduck are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Fluffyduck, from any claims resulting from the subscriber's use of Fluffyduck services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Fluffyduck server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Fluffyduck servers or any other server on the internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to): IRC Software, Pirated Software, Hacking programs or archives, Warez Sites, Distribution of music files or any other material in which the account holder does not own the copyright, Adult Sites, Game Servers (dedicated game server programs)
Fluffyduck will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
It is not acceptable to use our service(s) to:
- Violate copyright or other intellectual property rights;- Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
- Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
- Misrepresent or defame others
- Commit fraud
- Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
- Damage, modify or destroy the files, data, passwords, devices or resources of Fluffyduck, other users or third parties
- Engage in misleading or deceptive on-line marketing practices;
- Conduct any business or activity or solicit the performance of any activity that is prohibited by law
- Make an unauthorised transmission of confidential information or material protected by trade secrets
- Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Fluffyduck server or any server located on the Fluffyduck network is STRICTLY prohibited. Fluffyduck will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Fluffyduck. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Fluffyduck staff.
- Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
- Post or transmit defamatory, harassing, abusive or threatening language
- Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
- Facilitating a violation of this Acceptable Use Policy
- Perform any other action through utilization of any service which we deem unsatisfactory
- Attempt to do any of the above
Limitations of Use
Any shared hosting account using 10% or more of the server CPU or memory can be suspended and/or terminated. Any other account type using excessive server CPU or memory, the definition of which is at Fluffyduck' sole discretion, can be suspended and/or terminated. In the case of VPS accounts, the threshold for "excessive" use will always be above any RAM and/or CPU allocations guaranteed under the respective VPS service plans. Excessive CPU/memory use restrictions do not apply to dedicated servers.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes on shared/reseller packages can result in immediate termination of the account. Fluffyduck maintains the right to cancel accounts at its discretion. Any processes which potentially breach security or may otherwise disrupt network services can be terminated, and the associated account suspended, at Fluffyduck' sole discretion, and without limiiting the applicability of any other of these Terms of Service.
Loss of Service
Fluffyduck will make all reasonable efforts to ensure the continuity of the Service but does not guarantee access to any system either internal or external to Fluffyduck will be available at any given time. Fluffyduck do not warrant that the Service will be uninterrupted or error free, nor do Fluffyduck make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either expressed or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. To the extent permissible by law, Fluffyduck exclude all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service.
- We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times for customers.
- We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Fluffyduck, our suppliers or any third party.
- You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
Courtesy Services for Customers
All services such as "Backups" and "Backup Wizard" within the customers control panel (cPanel) are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Fluffyduck is not responsible for lost data or for lost data due to third party software that is not maintained by Fluffyduck staff.
Limitation of Damages
Recovery of damages from Fluffyduck may not exceed the amount of fees it has collected on the account.Disabling (Suspension) of Accounts Due to Overdue Payment
Accounts will be disabled (suspended) if payment is not received within 7 days of the invoice date. Overdue notices are sent out to the subscriber of the service at 3 intervals before suspension occurs, 2 days, 4 days and 6 days. On the 7th day a suspension notification is sent out and the account will be disabled. If your account has been disabled, you may be charged a reconnection fee of up to $20 in order to re-enable your account.
Termination of Accounts Due to Overdue Payment
If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Termination / Cancellation Procedure
a) This Agreement may be terminated by either party, without cause, by giving the other party 30 days signed written or emailed notice. Valid proof of ownership will be required to terminate an account. This includes, but is not limited to, a letter on company letterhead from a person authorised to cancel the account, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Notwithstanding the above, Fluffyduck may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement. Any notifications that you wish to discontinue service with us must be delivered via email to accounts@fluffyduck.com.au.
b) In the event that it becomes necessary for Fluffyduck to enforce the terms of this agreement Fluffyduck shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
c) In the event the subscribers site is found to have been transferred away from services under Fluffyduck's control and written or emailed notice has not been received, accounts will be terminated and any unpaid monies owed will be required to be paid in full. Accounts transferred prior to their next billing months cycle will not be eligible for a refund of the days owing.
Acknowledgement and acceptance of this agreement is required for an account to be setup at Fluffyduck. By signing-up for hosting services you indicate that you have read and understand this service agreement in it's entirety and agree to be bound by it's content.
This Agreement shall remain in place until it is terminated by either the subscriber or Fluffyduck by giving one month's signed written or e-mail notice.
Fluffyduck reserves the right to revoke the Service and /or terminate this agreement if the subscriber breaches these terms and conditions. We may also be ethically bound to report these infringements to the appropriate authorities. Fluffyduck reserves the right to alter the system rules as required without notice.
The laws of Australia and its territories govern this agreement.
