White Space Media Hosting Terms of Service

Welcome to the White Space Media Terms of Service for Hosting. These terms apply to all hosting accounts on the White Space Media Web Servers. In hosting your website, email service or any other products on a White Space Media hosting account you agree to the terms stipulated within this document.  All hosting work carried out by White Space Media is done so on the understanding that the client has read, understood and agreed to these Terms of Service. White Space Media may amend the terms contained herein at any time without prior notification.

Definitions

1. “Terms”, “TOS”, “Terms of Service” means these terms and conditions
2. “Client(s)”, “Customer”, “You” means the company, organization or individual who has commissioned the account.
3. “We/us/our”, “White Space Media”, “WSM” means White Space Media Group PTY LTD
4. “White Space Media Management”, “Management” means one of the Managing Directors of White Space Media Group PTY LTD

Client Obligations

The Client must agree to pay all fees levied by White Space Media by the invoice due date.

The Client agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.

The Client acknowledges that the Internet is not guaranteed to be a complete secure medium for communications, and, whilst White Space Media has taken steps to safeguard the security, White Space Media cannot be held responsible for any damages the Client may suffer as a result of a loss of confidentiality or disruption to service.

Payment

The Client agrees to notify White Space Media Management in writing of any disputed charges within 30 days of the billing date. In the event the Client fails to dispute the invoice within the respective time period, the Client has waived any right to dispute any amounts either directly or indirectly.

Late payments may be subject to a penalty fee.

White Space Media may suspend, interrupt, or terminate Services on any account (or related account) that is overdue for payment. Activation will only be undertaken during working office hours, unless otherwise agreed with White Space Media Management.

White Space Media reserves the right to forward outstanding debts to a collection agency or their legal representatives for collection. The Client is responsible for paying all costs associated with the collection, including but not limited to reasonable legal fees

Liabilities

In no event will White Space Media Group Pty Ltd be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of work carries out by White Space Media. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

1. Any error or interruption to Services;
2. Any claim that a domain name, Website content or other information utilised in the Services by the Client as may be provided by White Space Media infringe any Intellectual Property Rights;
3. Loss of any profits, contracts, business opportunities, revenues or related savings;
4. The consequence of any failed or unsuccessful domain name, registration or renewal, e-mail communication or related information or data transfer; or
5. Any failure of any Service, e-mail, non-receipt and mis-routing of communications.

Termination

The Client must furnish written notice of intention to cancel to the Director of White Space Media Group Pty Ltd , 3/18 Duke Street, Sunshine Beach QLD, 4567. The decision of any refund is that of the White Space Media Managing Director alone.

White Space Media reserves the right and without liability to immediately and devoid of notice suspend or otherwise terminate any service for any such breech of this agreement, or to safeguard the interests of White Space Media. This may include but is not limited to; the Client’s account considered to be a security threat and/or contains vulnerabilities which compromises White Space Media resources

White Space Media may terminate this agreement in the event the Client shall be unable to pay its debts or enters into voluntary or compulsory liquidation or in the event White Space Media may deem the Client unable to pay any debts or future liabilities.

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. White Space Media shall be considered entitled to remove materials from any and all computer systems, until the amount due has been fully paid.

Account Transfer

The Client must furnish written notice of intention to transfer a account to the Director of White Space Media Group Pty Ltd , 3/18 Duke Street, Sunshine Beach QLD, 4567.

Force Majeure

White Space Media shall not be responsible or liable for any failure or delay or consequence thereof in the performance of its obligation owing to strikes, lockouts or other industrial disputes, Act of God, embargo, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, direction, regulation, accident, breakdown of plant or machinery, fire, flood or storm or to any other cause whatsoever beyond White Space Media’s reasonable control.

Domain Names

The Client agrees and understands that White Space Media is not the domain registrar as such we do not have our own NIC tags and consequently the domains can only be transferred to us via name servers.

The Client agrees that the registration of any requested domain and the manner in which it shall be used directly or indirectly will not infringe any third party rights.

The Client confirms they shall not use any domain name registered by White Space Media on behalf of the Client to communicate, transmit, store or knowingly receive any material that is offensive, abusive, defamatory, obscene, menacing, breach of confidence, breach of any relevant applicable law or which infringes any Intellectual Property Rights of any third party.

The Client acknowledges that any domain names registered by White Space Media on behalf of the Client may be subsequently suspended, modified, or cancelled by persons other than White Space Media.

White Space Media will use all reasonable endeavours to register a requested domain, however the Client acknowledges that White Space Media will not be obliged to accept any request to register or continue to process any registration of a requested domain.

White Space Media will use all reasonable endeavours to notify the Client of any domain renewal dates, however White Space Media has no liability for the loss of any registration or otherwise of any requested domain howsoever occurring.

Any domain name not renewed by its expiry date will be de-activated on the expiry date. To ensure no loss of service the Client should ensure that the domains are renewed in advance of any known renewal date.

Domain expiry dates can be checked through a simple Whois Lookup check. This can be carried out here: http://whois.domaintools.com/

White Space Media reserves the rights not to transfer, register or renew a domain until any outstanding invoices which may be due and owing have been paid by the Client.

White Space Media reserve the right at any time and without limitation to change the registrar of any Clients’ domain name held with White Space Media and without express notice to the Client.

It is solely the responsibility of the Client to ensure the client’s domain name records are accurate.

Hosting

The Client agrees to use the services of White Space Media in compliance of what is deemed to be Acceptable Use by the White Space Media Management.

Should Client account limits or quotas be exceeded it may be necessary for the Client to upgrade the service or purchase additional resources as required.

White Space Media will endeavour to maintain a minimum level of security, however the Client warrants and acknowledges that White Space Media is under no obligation to do so and therefore cannot provide any guarantee regarding the security of material hosted on the White Space Media Server.

White Space Media reserve the right to suspend any service without limitation for repair, maintenance and other such circumstances.

The Client acknowledges that whilst White Space Media will use all reasonable endeavours in the provision of any services, White Space Media does not warrant nor guarantees that the provision of services will be error-free and/or not interrupted.

White Space Media reserve the right but not the obligation to monitor the Client account. White Space Media shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the

Clients account and to remove any material which in White Space Media sole discretion is in breach of any of these terms.

Accounts hosting or distributing illegal content, knowingly or otherwise, will be suspended immediately without refund and may be terminated.

The Client shall undertake not to post or retain any material on the Clients Website, E-mail Account, Server or Client Server which is offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or infringes the Intellectual

Property Rights of any third party or contain a virus or other hostile code or constitute, procure or encourage a criminal offence.

The Client hereby acknowledges that the Internet is open and an insecure means of communications. Any data or information stored or transmitted may be susceptible to interception, modification, destruction or loss. White Space Media makes no guarantee and assume no liability for the security, integrity, confidentiality or any data or information transmitted via our resources, including those deemed “Secure”.

Email

The Client agrees not to use any technology provided by 34SP.com or any Services to relay, send, upload, post or receive replies to any unsolicited or unauthorised e-mail messages, mobile phone or data message or any other form of messaging, promotional materials, junk mail, spam, chain letters or other forms of solicitation

Backups

Where the Client has not purchased any Backup Services in connection with their account, the Client has sole responsibility for making and maintaining its own backup of any material on the account including website, database, e-mail account and settings plus any other hosted data. The Client hereby warrants and holds harmless White Space Media for any loss of such material, and howsoever occurring without limitation

Acceptabe Use

The Client – directly or through the assistance of others – may not attempt to interfere or deny service to any other user or account. This includes, but is not limited to, Flooding, mail bombing, or other attempts to overload or crash a host.

The Client specifically agrees to the following conditions regarding the use of the account:

• Not to permit any such tool or scripting that allows shell access to any Server or Services
• Not to implement any such tool that allows or may allow anonymous use to a Client Website as a web proxy.
• Not to implement any such tool that allows any IRC functionality, which includes but is not limited to IRC bouncers, bots and servers.

White Space Media carries a zero tolerance on the sending of spam email. Should your account be found to be sending unsolicited email (knowingly or otherwise) your account may be suspended.

The Client warrants that it shall not intentionally transmit files containing a computer virus or corrupted data.

Third Party Software

Where White Space Media make software available that has been produced by a third party, it is the responsibility of the client to ensure the use of the software is licensed appropriately.

The Client shall at its own expense apply for and possess and maintain any authorisation, license, registration and/or other permit.

White Space Media does not endorse any software made available, and holds no liability or legal responsibility for its use and applicability.