SilverAsh - Small Business Website Solutions, Adelaide, South Australia, Australia

Hosting Terms and Conditions.

These terms supplement our Standard Terms and Conditions.

Silverash provides internet Web page hosting via a third party provider. The following hosting terms and conditions also apply on behalf of the hosting provider chosen by Silverash that is used to host the web sites of Silverash clients. In the following terms and conditions, "its servers" refers to the servers provided to Silverash by the hosting provider.

SERVER USE
Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Silverash reserves the right to refuse service and / or access to its servers to anyone.

Silverash do not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Silverash.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Silverash reserves the right to suspend or cancel a customer's access to any or all services provided by Silverash when Silverash decides that the account has been inappropriately used or otherwise.

UNLIMITED USE POLICY
High bandwidth usage: Silverash offers a high use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Silverash may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Silverash reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. Silverash may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available Silverash reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Silverash continues hosting the website for an additional fee.

DATA BACKUP
The customer is responsible for undertaking any data back up programs, database, web files or other digital material.

SPAM GUIDELINES
Unsolicited email (spam) is considered an unacceptable use of a domain. Whether the unsolicited email originates directly from the clients webspace area or otherwise, abuse reports received concerning a domain may result in suspension or closure of the service without refund.

PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Although Silverash reserves the right to change prices of accounts or services at any time all, pricing is guaranteed for the period of pre-payment. Payment is due each anniversary year following the date the account was established.

All renewal payments must be received at least 5 working days in advance of the renewal date to ensure that no disruption to the service is incurred. Silverash reserves the right to suspend this and other services until any outstanding debt is cleared. Silverash will not be responsible for any possible income, data or potential business and/or clients lost due to non-payment closure of an account. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

Reinstatement of an account is at Silverash's discretion. Silverash reserves the right to charge a reinstatement fee of AU$70.00 (seventy) dollars (inclusive GST) per account.

CANCELLATION AND REFUNDS
Fees charged on a prepay basis are non-refundable.

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

DISCLAIMER
Silverash will not be responsible for any damages your business may suffer. Silverash makes no warranties of any kind, expressed or implied for services we provide. Silverash disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Silverash and its employees. Silverash reserves the right to revise its policies at any time.