Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Host Excellence takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. We will charge the compromised account up to $25 per unsolicited email message sent.

The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through Host Excellence (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

(1.) Coverage This 99.98% uptime guarantee applies to any Host Excellence client in good financial standing with Host Excellence at the time of a service outage.

(2.) Service Level Agreement & Specifications Host Excellence endeavors to have the content of your web site available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Host Excellence to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host Excellence's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Host Excellence NOC. Host Excellence's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Host Excellence network.

(3.) Credits

a. Shared Hosting - In the event that your web site is not available for less than 100%, Host Excellence will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month. Monthly Uptime Credit:

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Host Excellence Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support@hostexcellence.com.au to have your domain moved.

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Host Excellence reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Host Excellence at support@hostexcellence.com.au to request for termination of services. All payment is in AUD. currency. Host Excellence will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Host Excellence accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically re! new at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at support@hostexcellence.com.au should you wish to change your anniversay billing cycle.

Host Excellence reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Host Excellence if Host Excellence institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Host Excellence's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Host Excellence is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via our cancellation forms at support@hostexcellence.com.au . Phone or email requests will not constitute a! cceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Material accessible to you through Host Excellence's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Host Excellence or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Host Excellence network. If you use a domain name in connection with Host Excellence or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Customers may not use the Host Excellence network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Host Excellence will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

You expressly (i) grant to Host Excellence a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Host Excellence under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Host Excellence shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Host Excellence and Host Excellence reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Customer agrees to pay Host Excellence prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Host Excellence price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Host Excellence reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Host Excellence to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action! by another payment provider allowed by Host Excellence) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Host Excellence as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Host Excellence will reinstate Customer's domain name registration solely at Host Excellence's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Host Excellence reserves the right to refuse service to anyone. Customers may only use Host Excellence server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Host Excellence management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Wilmington, Delaware, and any dispute will be litigated or arbitrated in Wilmington, Delaware. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Delaware courts. IN NO EVENT SHALL HOST EXCELLENCE'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HOST EXCELLENCE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HOST EXCELLENCE, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOST EXCELLENCE AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HOST EXCELLENCE'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM HOST EXCELLENCE'S SERVER.

HOST EXCELLENCE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HOST EXCELLENCE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HOST EXCELLENCE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HOST EXCELLENCE AND ITS EMPLOYEES. HOST EXCELLENCE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HOST EXCELLENCE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Host Excellence follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.