Terms & Conditions

Plain English

When You agree to our Terms And Conditions, You are also agreeing to our Acceptable Use Policy and our Privacy Policy.

Introduction

Webhosting is a complicated business involving many complex roles and responsibilities. In many cases the service we can provide is dependant on "upstream" providers or unrelated networks over which we have no control. In addition, our services are often re-sold and re-packaged for end users who we have no relationship with.

The servers and networks we manage are shared by many users and the traffic on and to servers comes from sources we have no control over.

With this in mind, it is clear that Mooball.com is unable to offer any form of guarantees of continuity or stability of the services provided. Naturally we strive to protect and support our services and much as is possible.

It is also important to understand that Your actions, as a Mooball.com customer, also play an important part in protecting our networks and servers. Activities such as spamming, placing insecure forms on Your website or placing software with vulnerabilities on Your website can potentially get Your site and all of our networks blacklisted or banned. Thus, in order to protect our customers, we have no tolerance for any activities that put our servers and networks at risk.

The Mooball.com Terms of Service (ToS) and Acceptable Use Policy (AUP) have been developed and are constantly revised with the objective of fostering a community of considerate users that can share and respect the services provided.

Please read this document carefully and contact us if You require clarification on any of the issues. If You do resell our services, then we would recommend that You develop similar agreements with Your customers.

Mooball.com, provides 24 x 7 technical management of our servers for the purpose of maintaining a continuous stable service. We monitor all physical servers and aim to respond to technical problems within 30 minutes of notification of a problem. However due to the fact that some problems may be beyond our control, we are unable to offer any guaranteed resolution times.

We also limit our technical support to our area of expertise. The following is our guidelines when providing support: Mooball.com provides support related to Your server or virtual site physical functioning. Mooball.com does not offer technical support for application specific issues such as cgi programming, html or any other such issues. Mooball.com does not provide technical support for YOUR customers. If You can email, we encourage You to email support@mooball.com for assistance.

If You have any questions regarding our Terms of Service, please contact us.

• We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.
• You may not store more data in Your account than Your allotted virtual server space.
• We reserve the right to cancel Your account at any time without notice.
• When Your account is closed, all files (including web pages, etc.) will be deleted.
• Data stored on our servers is not guaranteed to be backed up. It is recommended that You keep an independent backup of all data stored on Your virtual server. We cannot be held liable for the loss of any files/programs hosted on our website or if our backup file becomes corrupted.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• You may not run server processes (eg. talkers/IRC Bots) from Your virtual server.
• You may not run chatrooms on Your virtual server. This includes any perl, php, c+, javascript, java, chatrooms. If You would like to run a chatroom, please contact us prior so we can make sure. If You run a chatroom on Your site without our prior consent, Your site will be suspended until further notice.

Late Payments

All late payments may incur an administration fee of $15 to deal with time spent recovering overdue fees.

Refunds

Any client that cancels their account within 30-days of initial account creation is due for a full refund. However, we will not refund money on any extra features such as more space, bandwidth and so on. Another note, we will not refund any client who has been deleted because they violated our Terms of Service or AUP.

Bandwidth

• If Your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable Your site until You can reduce Your bandwidth usage.
• Accounts using excessive bandwidth on a regular basis will be asked to leave our network unless an agreement has been made with our sysadmin. To contact us regarding this issue email support@mooball.com

Webpage Contents

• Commercial use of web and ftp space is permitted.
• You will be responsible for the content of Your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate US laws/Canadian Laws.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via Your page(s).
• We reserve the right to remove material deemed inappropriate from Your web pages, without prior notice. Mooball.com Hosting does not allow adult, warez or illegal MP3 web sites on their servers.

Backups

Our servers are set to backup all web files, databases and emails to another server nightly. These backups are designed and intended for internal data centre disaster recovery purposes only. They are not designed for customer use and can not be used to retrieve data lost during the normal course of business.  If You intend to place valuable data on our servers then You must arrange Your own backup policy and procedures. Mooball.com can assist with customer data backup and can offer data backup solutions specific to Your needs, but such solutions are not offered as part of standard hosting arrangements.

Mooball.com cannot be held responsible for the lost of data on anyone's website. As we do perform backups, we will try to restore Your data, however at times it may not work and the backup files may be corrupted as well and we will not be responsible. All clients are reminded to keep a copy of their website on their hard drive.

Cancellation

Cancellation can be made via email to support@mooball.com. Although no notice is required, and there is no cancellation fee, all some fees paid for service up to the notice of cancellation are refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration or fees on additional features such as more space or bandwidth. Another note, we will not refund any client who has been deleted because they violated our Terms of Service or AUP.

Standard Terms And Conditions

MOOBALL.COM PTY LIMITED (ABN 56 095 562 208)

These are the Standard Terms And Conditions of Supply of the Mooball.com web hosting and other services offered from time to time on the Mooball.com website at www.mooball.com ("the Service"). These terms apply to You as a user of the Service ("client" or "You"). Please read these terms and conditions carefully. It is a condition of Your use of the Service that You accept and comply with these terms and conditions.

1. Terms And Amendment Procedure

1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date listed in the Web Host Mission Control Panel as the date Your order for Services was accepted by Mooball.com.

1.2 Please look out for any amendments to these Terms and Conditions that Mooball.com ("we") might make in the future.

1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of the Internet referred to on the home page of our website at www.mooball.com. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.

1.4 If You use the Service after that publication, Your use will constitute an acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede prior agreements.

1.6 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Mooball.com's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.

2. Service

2.1 We will assign the client a logon name and password which will provide You with access to the Mooball.com Web Host Control Panel (which is used by You to configure various features of Your Web Site/ Email Service). We will provide the client with Web and Email Services as per the Web Host service level You have selected upon signup and as defined in http://www.mooball.com.au/packages.

2.2 Where necessary we will advise the client of correct operational procedures.

2.3 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the Web Host System News at least 48 hours in advance of the maintenance.

2.4 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the Web Host System News after the maintenance has been completed.

2.5 Archiving of Data - We will archive Your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, You should be prepared to upload Your data to Your Web Site. You must maintain a recent copy of Your data at Your premises at all times. We will not be liable for incomplete, out of date, corrupt or otherwise deficient Client Data recovered from our backups.

2.6 Mooball.com will determine in its absolute discretion from time to time the datacentre location from which Your Service is provided.

2.7 In contracting with Mooball.com for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Mooball.com to deliver the Service.

2.8 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services You acquire from Mooball.com.

3. Payment

3.1 You must pay for the Service as notified to You by Mooball.com in accordance with the prices in force for Services from time to time.

3.2 You must pay all Service time charges, minimum charges and other amounts incurred by You or any designated users or incurred as a result of any use of Your password (whether authorised or not) in accordance with the billing option selected and in advance.

3.3 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.

3.4 In addition You must provide and pay for:- a. the installation and use of telephone lines and all other equipment needed to access the Service; and b. all government taxes, duties and levies (if any) imposed on either You or us in respect of the Services or any other service or goods supplied.

3.5 You must pay all amounts billed in accordance with Your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, You give us authorisation to debit Your credit card for all charges. Billing period is on a monthly cycle beginning when You register. If You register after the 28th of each month, Your billing date becomes the first of the next month.

3.6 You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

3.7 You agree that if You elect to receive an invoice rather than use the auto-debit billing option You will be charged an annual Account Keeping fee of $20.00.

3.8 The Account Keeping fee will be charged per customer account identified with a unique domain name. If a customer has multiple accounts with Mooball.com, the Account Keeping fee will be charged on each account for which monthly invoices are issued.

4. Warranties And Liabilities

4.1 We do not warrant that:

a. the services provided under this agreement will be uninterrupted or error free;

b. the services will meet Your requirements, other than as expressly set out in this agreement or

c. the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of Mooball.com.

4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

4.3 Except under clause 4.2, Mooball.com will not be liable to the Client for:

a. any loss or damage in respect of the provision of the Services,

b. any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client,

c. any costs, claims loss or damage arising from any information, data or other material provided to Mooball.com by or on behalf of the Customer.

4.4 You warrant that

a. at the time of entering into this agreement You are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;

b. You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by You onto or downloaded by You from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;

c. You will keep secure any passwords used to upload data to the Server and You hold and will continue to hold the copyright in the Client Data or that You are licensed and will continue to be licensed to use the Client Data.

4.5 You accept responsibility for all information and material You issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular You undertake that You shall not publish or issue any information which is illegal or defamatory. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law You access and use such information and material at Your own risk.

4.6 You agree to abide by our Acceptable Use and Privacy policies which are located at URL http://www.mooball.com/tos and You agree that the terms of those two policies form part of this agreement between You and Mooball.com.

4.7 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.

4.8 Except as provided in clause 4.2. we are not liable to You or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service; c. loss or damage caused by third party software applications forming part of the Service.

4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from - a. Your breach of these terms, b. Your use or misuse of the Service and c. the use or misuse of the Service by any person using Your account, d. publication of defamatory, offensive or otherwise unlawful material on any website forming part of Your Service.

5. Suspension And Termination Of Service

5.1 We may from time to time without notice suspend the Service or disconnect or deny Your access to the Service:-

a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or

b. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service.

Notwithstanding any suspension of any Service under this clause You shall remain liable for all charges due throughout the period of suspension.

5.2 Mooball.com may without notice to You remove, amend or alter Your data upon being made aware of:

a. any claim or allegation; or

b. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

5.3 We may end our agreement with You and cease providing Services for any reason, on 30 days notice to You. You may close Your account with Mooball.com on 30 days notice to Mooball.com.

5.4 If Your account is closed You must pay all outstanding charges immediately and we may delete all Client Data from any storage media.

6. Domain Names

6.1 If You have requested that Mooball.com registers a .com, .net or .org domain name on Your behalf, You agree that You have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net or .org domain names issued by the registrar Dotster.com. You agree that You are aware of the consents, warranties and indemnity You are required to give to register, maintain, transfer and renew Your domain name.

6.2 If You have requested that Mooball.com register a .com.au domain name on Your behalf, You agree that You have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3.

6.3 You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind Mooball.com. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes Your continued acceptance of these changes and modifications. You agree that in the event of a dispute You will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be viewed at https://direct.inww.com/udrp-rules.shtml.

6.4 You agree that You must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that You cannot register a domain name without paying for it in advance.

6.5 Mooball.com makes no representation and gives no warranty about Your chosen domain name being available for registration or use by You.

6.6 You indemnify Mooball.com against all claims arising out of Your registration and use of Your chosen domain name.

7. Network

7.1 IP Address Ownership: If Mooball.com assigns You an Internet Protocol address for Your use, the right to use that Internet Protocol address shall belong only to Mooball.com, and You shall have no right to use that Internet Protocol address except as permitted by Mooball.com in its sole discretion in connection with the Services, during the term of this Agreement. Mooball.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to You by Mooball.com, and Mooball.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to You is that You MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

7.2 Bandwidth and Disk Usage: You agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by You on the Order Form (the "Agreed Usage"). Mooball.com will monitor Your bandwidth and disk usage. Mooball.com shall have the right to take corrective action if Your bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Mooball.com's sole and absolute discretion. If Mooball.com takes any corrective action under this section, You shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Mooball.com may, at its sole discretion, collect a deposit, in the amount of $10.00 per GB, against Your credit card on file with Mooball.com. Data transfer in excess of each server's monthly allowance is automatically billed on or around the 5th of each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

7.3 System and Network Security: Users are prohibited from violating or attempting to violate the security of the Mooball.com Network. Violations of system or network security may result in civil or criminal liability. Mooball.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

a. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

e. Taking any action in order to obtain services to which such User is not entitled.

8. SPAM and Unsolicited Commercial Email (UCE/SPAM)

8.1 Mooball.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that You may not use or permit others to use our network to transact in UCE/SPAM. You may not host, or permit hosting of, sites or information that is advertised by UCE/SPAM from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of Mooball.com's UCE/SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Mooball.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Mooball.com may restrict Your access to the network to prevent further violations. If  You are found to be in violation of our SPAM policy, Mooball.com may, at its sole discretion, restrict, suspend or terminate Your ccount. Further, Mooball.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mooball.com will notify law enforcement officials if the violation is believed to be a criminal offence.

b. First violations of this policy will result in an "Administrative Fee" of $250 and Your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of Your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Mooball.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from Your account.

c. As You are ultimately responsible for the actions of Your clients over the Mooball.com network, it is advisable that You develop a similar, or stricter, policy for Your clients.

9. Miscellaneous

9.1 The You grant to Mooball.com a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails.

9.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

9.3 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.

9.4 You may not resell Services or assign Your rights and obligations under this agreement without our prior written consent.