Powercom Pacific Hosting Policies
Fees, Invoices, Payments and Receipts
All accounts will be payable at the commencement of hosting and thereafter annually or calendar monthly. Apart from exceptions solely at the discretion of Powercom Pacific, all invoices, receipts and general communications will be forwarded monthly by email. Upon receipt by the Client of an invoice or other demand forwarded by Powercom Pacific, prepayment of an amount sufficient to bring the account into a credit balance equal to at least one full month’s hosting fees will be required. Powercom Pacific will issue a receipt by email for all payments received from the Client.
For reasons of both security and avoidance of duplicative accounting handling, all invoicing and receipting documentation will be provided only to the primary account holder. A single, off-server administrative and billing email point of contact is required for each hosting account. It is the client’s responsibility to keep Powercom Pacific advised of any changes to the administrative and billing contact email address. It is the Client’s responsibility to ensure that invoices are being received each month and to advise Powercom Pacific in the event that same is not occurring.
Unpaid accounts will be subject to suspension one month after the issue of an invoice which remains unpaid. Unpaid accounts will be subject to full cancellation two months after the issue of an invoice which remains unpaid. Suspension and/or cancellation of an account will be at the sole discretion of Powercom Pacific. Suspended accounts may be reactivated after full payment is received for all amounts outstanding. Monthly hosting fees will continue to accumulate and be charged while accounts are suspended. Cancelled accounts will not be reactivated.
Because a sizeable component of our hosting for overseas clients includes goods or services which are delivered, made available, removed from, imported into, installed or assembled in Australia, we are liable to pay 1/11 of all gross web hosting revenue to the Australian Taxation Office under the Goods and Services Tax (GST) legislation. Accordingly, all invoices for both Australian and non Australian residents include a 10% GST component.
The Client agrees that from time to time Powercom Pacific will send electronic and/or physical mailouts to the Client.
At any time, if the Client so desires, the Client may pay an amount to bring the account into a credit balance in excess of one full month’s hosting fees. In this case, subsequent invoices forwarded to the Client will be marked as “account in credit”, or words to that effect, for so long as the account remains in credit.
Refunds and Account Cancellation
Under no circumstances will a refund be provided to the Client by Powercom Pacific for any period for which hosting has already been provided. However, Powercom Pacific will issue a pro rata refund from the date of cancellation of an account to the date for which a prepayment has already been received. Notification of an account cancellation must be made by email, facsimile transmission, or standard post, and cancellation of the account will be effective from whichever may be the later of the date of receipt of the notification and any date of cancellation which may be specified by the Client. If the Client has a balance due at the effective date of cancellation, the balance remains payable as account cancellation does not absolve the Client’s existing financial obligations.
The Client agrees to use all Powercom Pacific services and facilities at its own risk. To the maximum extent permissable by law, Powercom Pacific specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Powercom Pacific be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The customer agrees that it shall defend, indemnify, save and hold Powercom Pacific harmless from any and all demands, liabilities, losses, costs and claims, including but not limited to reasonable legal fees asserted against Powercom Pacific, its agents, its customers, its officers and its employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, its employees or its assigns
Powercom Pacific takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over its network. Very simply, this means that Clients of Powercom Pacific may not use or permit others to use its network to transact in UCE. The Client may not host, or permit hosting of, sites or information advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Upon notification of an alleged violation of the spam policy, Powercom Pacific will initiate an immediate investigation. During the investigation, Powercom Pacific may restrict the Client’s access to the network to prevent further violations. If the Client is found to be in violation of the spam policy, Powercom Pacific may, at its sole discretion, restrict, suspend or terminate the Client’s account. Further, Powercom Pacific reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Powercom Pacific will notify law enforcement officials if the violation is believed to be a criminal offence.
Clients who violate this policy agree that they will pay research fees not to exceed AU$110 per hour for each hour or part thereof which Powercom Pacific personnel must spend in investigating the matter. Severe violations of this policy will result in the immediate termination of the Client’s account and may incur an administrative fee of up to AU$1500.
We consider UCE or spam to be any email message for which a spam complaint is raised by a message recipient, and where the Client can not produce proof of double opting in on the part of that recipient.
Quite simply, to avoid any problems or costs, do not spam from, through, or in connection with your Powercom Pacific account.
Powercom Pacific Hosting is in the business of web hosting – not smtp hosting. It is neither appropriate nor acceptable for our web hosting servers to be used as a point of email origin for anything other than low level mail despatch from web based applications. Such acceptable applications would include general feedback and online order forms.
If you have any complaints or comments regarding spam on our network, please direct them via email to firstname.lastname@example.org.
All services provided by Powercom Pacific may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or USA law is prohibited. This includes, but is not limited to, copyrighted material, trademark, intellectual property, material judged to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless Powercom Pacific from any claims resulting from the use of the service which damages the Client or any other party. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Pornography and related merchandising is prohibited on all Powercom Pacific servers. This includes sites that may imply pornographic content, or links to pornographic content elsewhere. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Powercom Pacific servers or any other server on the internet. Links to such materials are also prohibited. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Examples of unacceptable content or links:
- Pirated Software
- Hacker Programs or Archives
- Warez Sites
- Illegal MP3s
- General Pornography
- Child Pornography
Powercom Pacific is in the business of providing primary web hosting services to customers. We do not allow the use of our services to promote the use of other primary web hosting companies who are our competitors. Powercom Pacific will be the sole arbiter in determining violations of this provision.
General Server Abuse Policy
For the benefit of all Clients and to maintain a quality service, Powercom Pacific reserves the right to suspend any domain without any notice if that domain is found to be using too much of the server’s resources and therefore abusing the server. In such an instance it is the Client’s responsibility to contact Powercom Pacific to formulate a strategy to allow the domain to be reactivated. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Subject to any and all provisions of this document, the Client is free to install server side scripts as required for the operation of its website only so long as the concerned scripts are not included in the following list:
- UltimateBBS (all versions)
- Ikonboard (all versions)
- YABB and YABB se (all versions)
- Greymatter (all versions)
- IRC Egg Drops and IRC related programs. (chat software)
- Proxy Servers
- The Anonymizer
- formmail.pl other than NMS version
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
- Any script that processes a massive number of flat files or large flat file databases.
- Any script that requires a “register_globals = on” directive.
- Any script that facilitates the exploitation of our servers in any way.
Any script installed on our servers must at all times be kept up to date by the Client with the latest stable version available from the supplier or developer of the application.
In the case of the Client allowing a script with a reported exploit or vulnerability to remain installed on a server, Powercom Pacific reserves the right to disable the script, or terminate the site. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Further to the above, Powercom Pacific reserves the right to disable any script, or terminate any site, which it considers to be affecting normal server operation or service to other Clients, or which represents a general risk to our servers. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Powercom Pacific does not allow chat rooms to be hosted on its servers under any circumstances. However, the Client is free to link its site to a third party chat provider such as www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
In general, full server backups are made and retained on daily, weekly, and monthly cycles. However, absolutely no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only in the case of large scale data loss occurring on a server for any reason including but not limited to hardware failure, software failure, server hacking and general data vandalism. Please take note that it is solely the Client’s responsibility to maintain local copies of its web content and any associated files including but not limited to scripts, data files, databases and other ancillary files.
The Client acknowledges and agrees that data may be lost or corrupted in connection with the use of the service and acknowledges that Powercom Pacific shall have no liability to the Client in the event that any or all data is lost or destroyed.
Powercom Pacific supports a large number of personal and commercial sites, and for reasons of both economy and efficiency it is no longer possible to accept telephone or front counter enquiries as a first resort for any problems which the Client may encounter. On all occasions, without exception, Client support requests must intially be raised by email to email@example.com. In the unlikely event that Powercom Pacific is unable to provide an adequate answer by email, the Client will be invited to telephone or visit Powercom Pacific’s offices to discuss the issue more fully. Support requests raised by telephone or front counter contact will not be entertained.
Powercom Pacific provides support for technical, server related matters only. No support is provided for matters related to site design, search engine optimisation, script installation, debugging or software configuration. It is the Client’s responsibility to have, or obtain, a good working knowledge of internet related tools and procedures. Powercom Pacific provides technical hosting services and should not be regarded as a general support service.
With the exception of email items created at your server, either via the web mail interface or by other server based applications, you must always use your own local ISP’s smtp server for sending all email.
We do not provide support for issues related to the sending of email via third party smtp servers.
Powercom Pacific provides support only to its own direct Clients. For reasons of both security and avoidance of duplicative support handling, no support will be provided to any third party. Support will be provided only to the primary account holder. A single, off-server administrative and billing email point of contact is required for each hosting account.
Overselling Policy (resellers only)
Powercom Pacific allows its reseller Clients to oversell their server resources, but only so long as Powercom Pacific feels that a Client’s account is not being oversold to an extent which is, or is likely to be, creating a risk of server abuse. For the benefit of all Clients and to maintain a quality service, in such an instance Powercom Pacific reserves the right to upgrade the account through consultation with the Client. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Unlimited Space and Bandwidth Policy (resellers only)
For the benefit of all Clients and to maintain a quality service, Powercom Pacific reserves the right to refuse service, or discontinue service, to any Client found to be using its account to market or promote unlimited disk space and/or unlimited data transfer hosting accounts. Powercom Pacific takes this rule extremely seriously and will have no hesitation in enforcing same. Powercom Pacific will be the sole arbiter in determining violations of this provision.
Additional Sundry Policies:
Powercom Pacific reserves the right to refuse service to anyone for any reason not prohibited by law.
Powercom Pacific reserves the right to terminate service to any Client for any reason not prohibited by law.
Powercom Pacific reserves the right to modify this document and these policies at any time.