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Web Hosting Terms of Service

The use of services from MD Media Consulting ABN 70 346 473 622, [hereafter referred to as "us", "we", "MD GreenHost" or "GreenHost"] constitutes agreement to these terms. You may view our Privacy Policy here.

1. Offering of service

MD GreenHost reserves the right to deny any user, business, organisation or group any MD GreenHost service at any time for any reason. A justification may or may not be provided. The findings, decisions, rulings or actions of any MD Media Consulting staff member are final and are not open for negotiation, justification or clarification.

2. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with MD GreenHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. MD GreenHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. For certain purchases, we may contact you requesting certain information in addition to the information and details already provided. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

When setting up and registering domains, domains that appear as available may be unavailable. In these cases, we will work with you to find an alternate domain name. Domain names may be restricted by the relevant registars. We suggest that you review any conditions associated with a given domain before purchasing. Restrictions on Australian domain names can be found at http://www.auda.org.au/domains/au-domains/. We may contact you before registering a domain name to request more information from you as requried. Failure to supply valid information on request may lead to you being ineligible for your requested domain name.

You agree that all information provided by you to us is true and correct, and understand that false or incorrect information (provided intentionally or accidentally) may lead to charges of up to $50.00 AUD to change this information.

All domain names that you wish to register must be correct. Once a domain name is registered, it cannot be exchanged, cancelled or changed until the end of the registration period.

If you are using your own domain name for the primary domain name of your requested hosting account, you agree that you own this domain name and/or have the permission of the owner(s) to alter the nameservers as directed by us. An account's primary domain name can only be changed by termination and commencing a new account.

3. Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

The customer agrees to indemnify and hold harmless MD GreenHost, MD Media Consulting or any third parties from any claims resulting from the use of our services.

Examples of unacceptable material:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

We reserve 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. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We reserve 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 MD GreenHost. All rights reserved.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of GreenHost.

5. Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify GreenHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.

If you account is suspended at any time, full payment is required for this time period.

If any invoice is paid after the due date, you agree to pay a 10% late fee for the total invoice value, otherwise, any invoice will not be marked as paid.

We reserve the right to change the monthly payment amount and any other charges at anytime.

6. Backups and Data Loss

Your use of the service is at your sole risk. We are 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 our servers.

7. Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time.

Any paid invoice is not refundable. If an account is cancelled during a billing cycle, the amount remaining on that billing cycle will be credited to the account in question. The initial $3.00 setup fee paid for all accounts is not refundable and will not be credited back to your account under any circumstances once paid..

8. Resource Usage

Users may not initiate the following:

a) 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, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

Your account is restricted to 5 inodes per MB of allocated disk space (eg. a 5,000MB account is restricted to 25,000 inodes). If you exceed this, you will be issued with a warning, and then your account may be suspended.

9. Email Policy

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted. (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

Mailing Lists Rules
1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.

IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 4AM - 11AM Australian Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

10. Bandwidth 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 we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account 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.

11. Price Charge

The amount you pay for hosting will never increase from the date of purchase until the end of your billing cycle. When starting a new billing cycle, prices and charges may change by factors including but not limited to the CPI. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

12. Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including any reasonable legal fees asserted against us, 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 any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from GreenHost's server.

13. Uptime guarentee

If your shared server has a physical downtime that is not within the 99.5% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of MD GreenHost dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact contact@md-media.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

14. Provision of account information and technical support to third parties

MD Media Consulting will only provide account information and technical support to the registered account holder and authorised contacts.

Requests for settings changes or password resets from third parties will not be accepted. To allow a third party to access your account information, they must be added as a contact on ClientNet.

All account requests must be sent to support@md-media.com.au. MD Media Consulting reserves the right to withhold the disclosure of any account information at any time.

15. Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.

16. Changes to the TOS

We reserve the right to revise its policies at any time without notice.

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