Wave Hosting Solutions Solutions Web Hosting – Terms of Use
Wave Hosting Solutions provides various hosting services subject to the customers agreement with the Term’s and Conditions set out in this policy. USE OF THE SERVICE CONSTITUTES AN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT CONTINUE TO USE THE SERVICE. Violation of these terms may result in the suspension or termination of the services.
Account Setup
Wave Hosting Solutions is a pre-paid provider. Once your yearly payment has been received & cleared, your account will be setup. The registered owner of an account is responsible for the actions of all parties using that account.
Publisher and author of web site
Wave Hosting Solutions is not the publisher of any site that you host or create. As the publisher or author, it is your responsibility to ensure your web site(s) do not breach our terms and conditions.
Wave Hosting Solutions is not a web site publisher and is not resposible for or endorse the content hosted by or activities performed by you whilst using our services.
From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Wave Hosting Solutions is this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.
Content
All products and services provided by Wave Hosting Solutions may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.
The customer agrees to indemnify and hold harmless Wave Hosting Solutions from any claims resulting from the use of our products or services in any shape or form. Wave Hosting Solutions does not endorse any web site content it hosts and the content remains the property of the web site owner.
Zero Tolerance Spam & Leeching Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.
Wave Hosting Solutions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Wave Hosting Solutions also reserves the right to make any such modifications that are urgent at our sole discretion.
Wave Hosting Solutions reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Wave Hosting Solutions.
Backups and data loss
You agree you will only perform backups of your site, databases, web space, etc, using the backup function in your hosting control panel between the off peak hours of 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time. Using the backup function outside of these times may result in your account being suspended, as outlined below.
The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users.
Your use of our products and services is at your sole risk. Wave Hosting Solutions is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the hosting servers at all times.
Wave Hosting Solutions will not be liable for any data loss due to server failure, any other failure whatsoever, or unforeseable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.
We provide backup tools in your control panel which will allows you to perform backups of your account when required, or you can always download your web site files from our server for off-site storage.
Support
If you are experiencing a problem with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. Wave Hosting Solutions is not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.
Support requests should be lodged to support@evointernet.com.au. Once a request has been received, it will be acknowledged by return email, and will contain an indicative time for the issue to be resolved, or will contain information required for the user to resolve the issue. Once an issue is resolved the user will be notified. Where indicative times are given in regards to support issues, these are in no way any form of guarantee and are subject to change. Where possible the user will be kept up to date on the issue and it’s likely timeline.
Hosting plans version
From time to time, we may update our hosting package plans. When a hosting plan is updated, the version number shown on the plan will change. Customers on previous plan version numbers will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package.
When a new hosting package becomes available, customers will be made aware by email.
Account suspension
We reserve the right to suspend your account if you have an outstanding invoice or account. If your invoice or account remains unpaid, we reserve the right to cancel your entire account(s). Your information may then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.
We reserve the right to suspend your account at any time for breaching our terms and conditions, for intiating in activities which may reduce the security of other web sites on our servers, or where Wave Hosting Solutions has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
If your acccount has been suspended due to non-payment, Wave Hosting Solutions will not provide support for the account holder until their account has been paid in full.
Misc Information
Microsoft Frontpage extensions are not supported by our systems.
Cancellation
Wave Hosting Solutions reserves the right to cancel the account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.
Any proof of misleading or giving false information to Wave Hosting Solutions or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, telephone or in any form where staff are threatened, abused or mistreated.
You can cancel your account at anytime by sending an email to our Support Center requesting this. You will be contacted via telephone to confirm this. The cancellation email must be 7 days before your package renewal date, otherwise you will be charged for the next billing cycle. Cancellation requests received after the package renewal date will be processed, however you will not receive a refund for the current billing cycle.
Once you have cancelled your account, no further support resources will be provided by Wave Hosting Solutions in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.
No refunds or credit will be given if you cancel your account or downgrade to a lower package.
Resource Usage
Users may not initiate the following:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- Any activity which causes the server to crash / restart
Bandwidth Usage / Disk Space
It is your responsibility to upgrade your account and monitor your usage.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space.
Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month.
Price Change
We reserve the right to change prices listed on Wave Hosting Solutions, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Wave Hosting Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Wave Hosting Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Wave Hosting Solutions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Wave Hosting Solutions; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from the hosting server. Wave Hosting Solutions does not guarantee uptime.
Disclaimer
Wave Hosting Solutions will not be responsible for any damages your business may suffer. Wave Hosting Solutions makes no warranties of any kind, expressed or implied for services we provide. Wave Hosting Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wave Hosting Solutions and its employees.
Changes to the Terms and Conditions
Wave Hosting Solutions reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time.