Disclaimer:
Webcrowd may change the terms, conditions and operation of this Web site (the "Site") at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Webcrowd.
The content available through the Site is the sole property of Webcrowd or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Webcrowd-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Webcrowd advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Webcrowd's express prior written consent.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE WEBCROWD WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, WEBCROWD SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE WEBCROWD WEB SITE AND THAT WEBCROWD MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS WEBCROWD MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL WEBCROWD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST WEBCROWD WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Privacy Policy:
This Privacy Policy governs the manner in which Webcrowd collects, uses, stores, archives and discloses information collected from users (each, a "User") of this Web site. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect:
This notice applies to all information collected or submitted on the Webcrowd website. On some pages, you can order products, make requests, and register to receive materials. We may ask for personal information such as Name, Company Name, Address, Phone Number, Email Address and or Credit Card information.
The Way We Use This Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. We will use information stored in our database about you to provide support. Email addresses and other data collected in support requests are not shared with not shared with outside parties unless you have consented as such to provide you with support. We may email directly to our customer lists special promotional offers from outside vendors, partners or suppliers.
Webcrowd uses aggregated, anonymous data for research regarding the effectiveness of the Web site and Webcrowd's marketing, advertising and sales efforts. Webcrowd does not use such anonymous information for any other purpose.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security:
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How You Can Access Or Correct Your Information:
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. We may disclose aggregated, anonymous data to investors and potential partners.
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please call send an email to simon@webcrowd.com.au.
Notice of Changes:
Webcrowd may modify this Privacy Policy at any time without notice. Modifications to this policy will be displayed on our website.
This Privacy Policy was last revised on 19th of November 2008
Acceptable Use Policy (AUP):
Webcrowd Pty Ltd, provides web hosting, dedicated servers and co-location to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
Webcrowd ("The Company") agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy). From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to Webcrowd Pty Ltd, the usage of "you", "your", "they", "them" shall refer to client / customer of Webcrowd Pty Ltd.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Webcrowd Pty Ltd and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Content: You are responsible for any and all content in and under your site or account at all times. All services provided by Webcrowd Pty Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited.
- Webcrowd is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to Adult/Pornography sites (excluding online adult stores), pirated software, hacker programs/archives, Warez, copyrighted material whereby you are not the owner or have permission from the owner or material protected by trade secrets and other statutes.
The following constitute violations:
Threats and unlawful conduct: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraud: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits: Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use the network for illegal or inappropriate actions. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of our or other systems.
Programs: We do not allow programs to run continually in the background on our hosting servers. This is to minimise system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our hosting servers other than the ones we pre-install for our clients to use. IRC: We DO NOT allow IRC or IRC bots to be operated on our servers or network. BitTorrent and other peer-to-peer programs/servers are not permitted to run on any server on our network.
Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited email, from a Webcrowd Pty Ltd service or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Webcrowd Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident.
Server abuse: Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Webcrowd Pty Ltd holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, cal ls for imme dia te de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
Network Abuse: Any attempts to undermine or cause harm to our network(s) is strictly prohibited. Webcrowd Pty Ltd holds no responsibility for the use of our clients' accounts. Any account that abuses network resources and actions are not taken to desist, cal ls for imm e dia te de-activation without any refund of payments made thus far.
Back-ups : Webcrowd Pty Ltd performs daily backups on all of our servers to ensure critical files are never lost. We do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Dedicated and co-location customers are to maintain there own back-ups.
Security : You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Sharing your password and account access with unauthorised users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We 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.
Refusal of Service : We reserve the right to refuse, cancel, or suspend service at our sole discretion.
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Mailing Policy and Limits
There is a 500 hourly email 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 a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per e-mail address. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Anytime 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 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers 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 emails 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 1am - 8 am eastern time M-F.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
5. Any mailling list MUST comply with all guidelines set forth by the United States,
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
and in Australia here http://www.acma.gov.au/WEB/STANDARD/pc=PC_310294
6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.
Terms of Service (TOS):
Webcrowd Pty Ltd, provides web hosting, dedicated servers and co-location to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
Webcrowd Pty Ltd ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Webcrowd Pty Ltd, the usage of "you", "your", "they", "them" shall refer to client / customer of Webcrowd Pty Ltd.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Webcrowd Pty Ltd and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited email, from a Webcrowd server or using an email address that is maintained by Webcrowd is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Webcrowd will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by Webcrowd about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident. Please see our mailing policy above to avoid Spam.
Server abuse: Any attempts to undermine or cause harm to any Webcrowd server or customer of Webcrowd is strictly prohibited. Webcrowd holds no responsibility for the use of our clients' accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms.
IP Ownership: If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve 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 APNIC's policies.
Contact & Billing Information: You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged. This information can be updated online at http://www.webcrowd.com.au
Billing, Payments and Fees: Subsequent payments are due on the anniversary date of the service (The Due Date). Services may be suspended on accounts that are not paid in full by or on there due date.
- Additional Fees & Charges:
Following additional fees & charges are GST inclusive:
Credit Card “Declined Payment” Fee of $22.00 per failed attempt after the first attempt.
Alterations to issued invoices $22.00 admininistration fee.
Increase/Decrease to plans mid billing cycle: $22.00 admininistration fee.
Service suspended for nonpayment is subject to a reactivation fee of:
Shared Hosting and Reseller clients $22.00 reconnect charge.
Dedicated & Co-Location clients a $55.00 reconnect charge.
Service may be terminated on accounts that reach 14 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their due date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. The Customer hereby grants The Company a Lien over any client equipment and or data in the custody, possession or control of The Company for any unpaid fees payable to The Company by the Client pursuant hereto and The Company is hereby authorised and empowered to sell any of the aforesaid to recover all or any such fees or expenses together with interest thereon which remain unpaid in excess of 45 days from the due date.
Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Webcrowd Pty Ltd's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $55.00 and not more than $165.00 in addition to any fees charged to us by our merchant provider(s). The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refunds: All payments are NON-REFUNDABLE! The only exception to this policy is the shared hosting 14 day money back guarantee. All annual plans, both shared, dedicated, and co-location, are NON-REFUNDABLE! All payments for dedicated, co-location, or related services are NON-REFUNDABLE!
14 Day Guarantee: All shared accounts are entitled to a iron clad 14 day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 14 days of the date you signed up, please contact info@webcrowd.com.au with your request and domain name.
Cancellation: All cancellations must be sent to info@webcrowd.com.au While there are no cancellation fees, you must cancel seven (7) working days prior to your next billing cycle. Payments made up to your next renewal anniversary date are not refundable unless you're canceling within the 14 day guarantee period. This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
Liability and Warranty: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Webcrowd Pty Ltd denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Modifications: These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats. |
