Small Pond Web Hosting
(referred hereinafter as 'Small Pond Web Hosting
', 'SmallPond
',
'our', 'we' and 'us') is a web hosting business. All accounts on our web
servers are subject to the terms and conditions described in this document.
Under the terms of this agreement, your placement of information on our
servers is an acknowledgement that you have read, understand, and agree to
be bound by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these
services which violates any laws which may apply to Small Pond Web Hosting
, your
local jurisdiction, or any jurisdiction that you or your site may be subject
to is strictly prohibited.
This means that while using the service, you may not: Post or transmit any
unlawful, threatening, abusive, defamatory, obscene, libelous, offensive,
pornographic, indecent, profane, or otherwise objectionable information of
any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability, or violate any law. In addition, restrict or inhibit any
other user from using and enjoying the Internet.
2. Non-permissible content
• No adult sites allowed: We do not allow on our servers adult content or
links to adult web sites.
• No warez: We do not allow web sites with warez, cracks, serials, etc.
• Intellectual Property violations: We do not allow content that infringes
upon the intellectual property rights of others. This includes distribution,
display, or storage of copyrighted material unless you are the author,
copyright holder or you are in posession of explicit permission by the
copyright holder.
• MP3s and other multimedia formats: You may not use your hosting account to
store or distribute such material unless you are the author, copyright
holder or you are in posession of explicit permission by the copyright
holder.
Accounts found to contain content such listed above, will be disabled or
deleted at our sole discretion without prior notification and are not
eligible for a refund.
Banned Scripts:
Users may not install the following scripts on our servers:
Third-party chat scripts. You can only use the chat scripts in your Control
Panel.
UBB - Ultimate Bulletin Board (all versions)
YABB - Yet Another Bulletin Board
Ikonboard (CGI version)
Movable Type (Flat-file version - Berkeley DB storage)
Greymatter
Ultimate Toplist
AlienForm
FormMail
Shell, SSH, Telnet Scripts and alternatives
Proxy Servers
Any script that uses & processes a large number of flatfiles or large
flatfile databases Accounts found to contain any of the above scripts will be suspended with no
advance notice. We have this policy in place to ensure that server resources
are not monopolized by a few accounts using the above scripts at the expense
of everyone else sharing the same server.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against bulk email and unsolicited e-mail,
commonly known as spam. Any user who sends out spam or bulk email will have
their account terminated without notice.
Small Pond Web Hosting
reserves 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. Small Pond Web Hosting
also
reserves the right to make any such modifications in an emergency at our
sole discretion. A processing fee of $20 per message will apply to all spam
or bulk email messages sent from our servers.
Web sites that support spam or bulk email operations are not allowed on our
servers. This includes web sites offering email lists, email harvesting
software, bulk email software, and/or anything else that can be perceived as
facilitating the use of spam and bulk email. We reserve the right to disable
such accounts at our sole discretion and without notification.
4. Data Backup
Small Pond Web Hosting
regularly makes backup copies of information stored on its
servers for disaster recovery purposes. Nevertheless, availability of
backups is not guaranteed and we will not be responsible for loss of
customer data. Customers are advised to make regular backups of the
information they store on our servers. Our Control Panel provides tools that
facilitate data backup and restoration.
5 . Indemnification
You agree to indemnify, defend, and hold harmless Small Pond Web Hosting
from any
and all liability, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action or claims caused by or resulting indirectly from your
use of the service which damages either you, Small Pond Web Hosting
, or any other
party or parties without limitation or exception. This indemnification and
hold harmless agreement extends to all issues associated with your account,
including but not limited to domain name selection and Web site content.
6. Refusal or discontinuation of service
Small Pond Web Hosting
reserves the right to refuse or discontinue service to
anyone at Small Pond Web Hosting
's sole discretion. Small Pond Web Hosting
may deny you
access to all or part of the service without notice if you engage in any
conduct or activities that Small Pond Web Hosting
in its sole discretion believes
violates any of the terms and conditions in this agreement. Small Pond Web Hosting
shall have no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of notification. You
agree that Small Pond Web Hosting
has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its subscribers.
Small Pond Web Hosting
reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement.
Small Pond Web Hosting
also reserves the right to refuse refunds in cases where
Small Pond Web Hosting
believes abuse has taken place.
7. No warranties
Small Pond Web Hosting
makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or implied,
including but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular purpose.
No advice or information given by Small Pond Web Hosting
or its agents or employees
shall create a warranty. Small Pond Web Hosting
provides no warranty that the
service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from viruses or
other harmful components. Under no circumstances shall Small Pond Web Hosting
be
liable for any direct, indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to use the service, or
for third parties' use of the service to access your Web space, or to access
the Internet or any part thereof, or your or any third parties' reliance on
or use of information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission, or any failure
of performance. If you are dissatisfied with Small Pond Web Hosting
service or any
of its terms, conditions, rules, policies, guidelines, or practices, your
sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Small Pond Web Hosting
' servers that
such information becomes available to all Internet users and that
Small Pond Web Hosting
has no way of limiting or restricting access to such
information or protecting such information from copyright infringement. You
assume total responsibility and risk for your use of Small Pond Web Hosting
'
servers and the Internet. It is solely your responsibility to evaluate the
accuracy, completeness, and usefulness of all opinions, advice, services and
other information, and the quality and merchantability of all merchandise
provided through Small Pond Web Hosting
or on the Internet.
Your use of the service is at your sole risk. Small Pond Web Hosting
is not
responsible for files and data residing on your account. You agree to take
full responsibility for files and data transferred and to maintain backup
files of data stored on Small Pond Web Hosting
servers.
You agree not to interfere with the operation of the system. You further
agree not to interfere with the proper operation of other systems reachable
through the Internet, including any attempt at unauthorized access. You
agree to adhere to system policies as published by Small Pond Web Hosting
,
including restrictions on services available with each service type,
restrictions on certain features, and all other policies. You agree to abide
by any and all future Small Pond Web Hosting
policy decisions.
8. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this
account, are at least 18 years of age. If you are under 18 years of age, you
need to have parental consent in order to sign up, and the account must be
ordered by a parent or guardian, in their own name. You agree to supply
Small Pond Web Hosting
with a current and truthful name, postal address and
telephone number for our records, and you have a continued obligation to
keep this information current. You also agree that you are an authorized
user of any credit card that you supply to us, and you understand and agree
that we have an obligation to fully investigate any possible fraudulent
credit card use.
9. Sharing of account space & resale restrictions
You agree and understand that the account purchased is for yourself. You
also understand that you are the individual solely responsible for all use
of the account.
10. Payment & Other Information
You
agree to supply appropriate payment for the services received from Small
Pond Web Hosting , in advance of the time period during which such services
are provided. You
agree that until and unless you notify Small Pond Web Hosting
of your desire to
cancel any or all services received, those services will be billed on a
recurring basis.
11. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you
may have had with Small Pond Web Hosting
or any agent or representative thereof,
and constitutes the complete and total agreement between the parties. Should
any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make it
enforceable.
By placing and continuing to maintain or place information on
Small Pond Web Hosting
' servers you are stating and acknowledging that you have
read the aforementioned terms and conditions and that you understand such
terms and conditions and agree to be bound by them.
12. Money Back Guarantee
Each hosting plan includes a full 30-day money back guarantee.
If you are not completely satisfied with our services within the refund time
period specified for your plan, you will be given a full refund of the
contract amount excluding overages. No refund is available after that
period. This policy does not apply to any additional services such as
overages, disk space, bandwidth, maintenance fees, etc. Domain registration
fees are not refundable.
Accounts cancelled/terminated by Small Pond
Web Hosting for violating our Acceptable Usage Policy do not qualify for the
30-day money back guarantee. Only first-time accounts are eligible for a
refund. For example, if you've had an account with us before, cancelled and
signed up again, you will not be eligible for a refund. This is to protect
our refund guarantee from being abused. To receive a full refund, please
email: support@smallpond.com.au
To report abuse or violations of these policies, please use the appropriate
contact form found in our support section.
